Today's Law As Amended


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SB-299 Firearms.(2017-2018)



As Amends the Law Today


SEC. 3.SECTION 1.

 Section 17060 of the Penal Code is amended to read:

17060.
 (a) As used in Section 25135, “residence” means any structure intended or used for human habitation, including, but not limited to, houses, condominiums, rooms, motels, hotels, time-shares, and recreational or other vehicles where human habitation occurs.
(b) As used in Sections 27881, 27882, and 27883,  Section 27882,  “residence” means any structure intended or used for human habitation, including, but not limited to, houses, condominiums, rooms, motels, hotels, and time-shares, but does not include recreational vehicles  or other vehicles where human habitation occurs.

SEC. 4.SEC. 2.

 Section 26600 of the Penal Code is amended to read:

26600.
 (a) Section 26500 does not apply to any sale, delivery, loan,  or transfer of firearms made to an authorized law enforcement representative of any city, county, city and county, or state, or of the federal government, for exclusive use by that governmental agency if, prior to the sale, delivery, loan,  or transfer of these firearms, written authorization from the head of the agency authorizing the transaction is presented to the person from whom the purchase, delivery, loan,  or transfer is being made.
(b) Proper written authorization is defined as verifiable written certification from the head of the agency by which the purchaser  purchaser, recipient,  or transferee is employed, identifying the employee as an individual authorized to conduct the transaction, and authorizing the transaction for the exclusive use of the agency by which that person is employed.
(c) Within 10 days of the date a handgun, and commencing January 1, 2014, any firearm, is acquired by the agency,  firearm is acquired or received by the agency pursuant to this section,  a record of the same shall be entered as an institutional weapon into the Automated Firearms System (AFS) via the California Law Enforcement Telecommunications System (CLETS) by the law enforcement or state agency. Any agency without access to AFS shall arrange with the sheriff of the county in which the agency is located to input this information via this system.

SEC. 5.SEC. 3.

 Section 27050 of the Penal Code is amended to read:

27050.
 (a) Article 1 (commencing with Section 26700) and Article 2 (commencing with Section 26800) do not apply to any sale, delivery, loan,  or transfer of firearms made to an authorized law enforcement representative of any city, county, city and county, or state, or of the federal government, for exclusive use by that governmental agency if, prior to the sale, delivery, loan,  or transfer of these firearms, written authorization from the head of the agency authorizing the transaction is presented to the person from whom the purchase, delivery, loan,  or transfer is being made.
(b) Proper written authorization is defined as verifiable written certification from the head of the agency by which the purchaser  purchaser, recipient,  or transferee is employed, identifying the employee as an individual authorized to conduct the transaction, and authorizing the transaction for the exclusive use of the agency by which that person is employed.
(c) Within 10 days of the date a handgun, and commencing January 1, 2014, any firearm, is acquired by the agency,  firearm is acquired or received by the agency pursuant to this section,  a record of the same shall be entered as an institutional weapon into the Automated Firearms System (AFS) via the California Law Enforcement Telecommunications System (CLETS) by the law enforcement or state agency. Any agency without access to AFS shall arrange with the sheriff of the county in which the agency is located to input this information via this system.

SEC. 6.SEC. 4.

 Section 27600 of the Penal Code is amended to read:

27600.
 (a) Article 1 (commencing with Section 27500) does not apply to any sale, delivery, loan,  or transfer of firearms made to, or the importation of firearms by, an authorized law enforcement representative of any city, county, city and county, or state, or of the federal government, for exclusive use by that governmental agency if, prior to the sale, delivery, loan,  transfer, or importation of these firearms, written authorization from the head of the agency authorizing the transaction is presented to the person from whom the purchase, delivery, loan,  or transfer is being made or from whom the firearm is being imported.
(b) Proper written authorization is defined as verifiable written certification from the head of the agency by which the purchaser  purchaser, recipient,  or transferee is employed, identifying the employee as an individual authorized to conduct the transaction, and authorizing the transaction for the exclusive use of the agency by which that person is employed.
(c) Within 10 days of the date a firearm is acquired or received  by the agency,  agency pursuant to this section,  a record of the same shall be entered as an institutional weapon into the Automated Firearms System (AFS) via the California Law Enforcement Telecommunications System (CLETS) by the law enforcement or state agency. Any agency without access to the AFS shall arrange with the sheriff of the county in which the agency is located to input this information via this system.
(d) Any agency that is the registered owner of an institutional weapon in accordance with subdivision (c) that subsequently destroys that weapon shall enter information that the weapon has been destroyed into the Automated Firearms System (AFS) via the California Law Enforcement Telecommunications System (CLETS) within 10 days of the destruction in accordance with procedures prescribed by the Department of Justice. Any agency without access to the AFS shall arrange with the sheriff of the county in which the agency is located to input this information via this system.

SEC. 7.SEC. 5.

 Section 27875 of the Penal Code is amended to read:

27875.
 (a) Section 27545 does not apply to the transfer of a firearm by gift, bequest, intestate succession, or other means from one individual to another, if all of the following requirements are met:
(1) The transfer is infrequent, as defined in Section 16730.
(2) The transfer is between members of the same immediate family. any of the following relations, related by consanguinity, adoption, or steprelation: 
(A) Parent.
(B) Child.
(C) Sibling.
(D) Grandparent.
(E) Grandchild.
(3) Within 30 days of taking possession of the firearm, the person to whom it is transferred shall submit a report to the Department of Justice, in a manner prescribed by the department, that includes information concerning the individual taking possession of the firearm, how title was obtained and from whom, and a description of the firearm in question. The reports that individuals complete pursuant to this subdivision shall be made available to them in a format prescribed by the department.
(4) Until January 1, 2015, the  The  person taking title to the firearm shall first obtain a valid handgun safety certificate if the firearm is a handgun, and commencing January 1, 2015, a valid firearm safety certificate for any firearm,  has obtained a valid firearm safety certificate,  except that in the case of a handgun, a valid unexpired handgun safety certificate may be used.
(5) The person receiving the firearm is 18 years of age or older.
(b) Subdivision (a) of Section 27585 does not apply to a person who imports a firearm into this state, brings a firearm into this state, or transports a firearm into this state if all of the following requirements are met:
(1) The person acquires ownership of the firearm from an immediate family member  by bequest or intestate succession. succession from any of the following relations, related by consanguinity, adoption, or steprelation: 
(A) Parent.
(B) Child.
(C) Sibling.
(D) Grandparent.
(E) Grandchild.
(2) The person has obtained a valid firearm safety certificate, except that in the case of a handgun, a valid unexpired handgun safety certificate may be used.
(3) The receipt of any firearm by the individual by bequest or intestate succession is infrequent, as defined in Section 16730.
(4) The person acquiring ownership of the firearm by bequest or intestate succession is 18 years of age or older.
(5) Within 30 days of that person taking possession of the firearm and importing, bringing, or transporting it into this state, the person shall submit a report to the Department of Justice, in a manner prescribed by the department, that includes information concerning the individual taking possession of the firearm, how title was obtained and from whom, and a description of the firearm in question. The reports that individuals complete pursuant to this subdivision shall be made available to them in a format prescribed by the department.

SEC. 6.

 Section 27882 is added to the Penal Code, to read:

27882.
 Section 27545 does not apply to the loan of a firearm if all of the following conditions are met:
(a) If the firearm being loaned is a handgun, the handgun is registered to the person making the loan pursuant to Section 11106.
(b) The firearm being loaned is stored in the receiver’s place of residence or in an enclosed structure on the receiver’s private property, that is not zoned for commercial, retail, or industrial activity.
(c) The firearm at all times stays within the receiver’s place of residence or in an enclosed structure on the receiver’s private property, that is not zoned for commercial, retail, or industrial activity.
(d) The individual receiving the firearm is not prohibited by state or federal law from possessing, receiving, owning, or purchasing a firearm.
(e) The individual receiving the firearm is 18 years of age or older.
(f) The individual receiving the firearm has a valid firearm safety certificate, except that if the firearm being loaned is a handgun, the individual may instead have an unexpired handgun safety certificate.
(g) One of the following applies:
(1) The firearm is maintained within a locked container.
(2) The firearm is disabled by a firearm safety device.
(3) The firearm is maintained within a locked gun safe.
(4) The firearm is locked with a locking device, as defined in Section 16860, that renders the firearm inoperable.
(h) The loan does not exceed 60 days in duration.
(i) The loan is made without consideration.
(j) There is a form prescribed by the Department of Justice and available in editable form on the department’s Internet Web site that explains the obligations imposed by this section that is signed by both the party loaning the firearm for storage and the person receiving the firearm.
(k) Both parties to the loan possess signed copies of the form required by subdivision (j).

SEC. 11.SEC. 7.

 Section 31705 of the Penal Code is amended to read:

31705.
 (a) Subdivision (a) of Section 31615 does not apply to any sale, delivery, loan,  or transfer of firearms made to an authorized law enforcement representative of any city, county, city and county, or state, or of the federal government, for exclusive use by that governmental agency if, prior to the sale, delivery, loan,  or transfer of these firearms, written authorization from the head of the agency authorizing the transaction is presented to the person from whom the purchase, delivery, loan,  or transfer is being made.
(b) Proper written authorization is defined as verifiable written certification from the head of the agency by which the purchaser  purchaser, recipient,  or transferee is employed, identifying the employee as an individual authorized to conduct the transaction, and authorizing the transaction for the exclusive use of the agency by which that person is employed.
(c) Within 10 days of the date a handgun, and commencing January 1, 2014, any firearm, is acquired by the agency,  firearm is acquired or received by the agency pursuant to this section,  a record of the same shall be entered as an institutional weapon into the Automated Firearms System (AFS) via the California Law Enforcement Telecommunications System (CLETS) by the law enforcement or state agency. Any agency without access to AFS shall arrange with the sheriff of the county in which the agency is located to input this information via this system.
SEC. 8.
 The Legislature finds and declares that the amendments made to Sections 26600, 27050, 27600, and 31705 of the Penal Code by this act are declaratory of existing law.