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AB-598 Firearms.(2013-2014)

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CALIFORNIA LEGISLATURE— 2013–2014 REGULAR SESSION

Assembly Bill
No. 598

Introduced by Assembly Member Dahle

February 20, 2013

An act to amend Section 28215 of the Penal Code, relating to firearms.


LEGISLATIVE COUNSEL'S DIGEST


AB 598, as introduced, Dahle. Firearms.
Existing law provides that the exclusive means of transmitting firearm purchaser information to the Department of Justice shall be through electronic transfer, except as specified. Under existing law, if the electronic or telephonic transfer of applicant information is used, the purchaser is required to present to the dealer clear evidence of the person’s identity and age. The dealer is required to retain the original of each record of electronic or telephonic transfer.
This bill would make technical, nonsubstantive changes to those provisions.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 28215 of the Penal Code is amended to read:

28215.
 (a) (1) Where If the electronic or telephonic transfer of applicant information is used, the purchaser shall be required to present to the dealer clear evidence of the person’s identity and age.
(2) The dealer shall require the purchaser to sign the purchaser’s current legal name to the record of electronic or telephonic transfer.
(3) The salesperson shall sign the record of electronic or telephonic transfer, as a witness to the signature and identification of the purchaser.
(b) Any person furnishing a fictitious name or address, knowingly furnishing any incorrect information, or knowingly omitting any information required to be provided for the electronic or telephonic transfer shall be punished as provided in Section 28250.
(c) (1) The original of each record of electronic or telephonic transfer shall be retained by the dealer in consecutive order.
(2) Each original shall become the permanent record of the transaction, which shall be retained for not less than three years from the date of the last transaction.
(3) Upon presentation of proper identification, the permanent record of the transaction shall be provided for inspection by any peace officer, Department of Justice employee designated by the Attorney General, or agent of the federal Bureau of Alcohol, Tobacco, Firearms and Explosives. Until January 1, 2014, no information shall be compiled therefrom regarding the purchasers or other transferees of firearms that are not handguns.
(d) On the date of the application to purchase, the record of applicant information shall be transmitted to the Department of Justice by electronic or telephonic transfer.
(e) If requested, a copy of the record of electronic or telephonic transfer shall be provided to the purchaser by the dealer.
(f) If the transaction is a private party transfer conducted pursuant to Chapter 5 (commencing with Section 28050), a copy shall be provided to the seller or purchaser by the dealer, upon request. The dealer shall redact all of the purchaser’s personal information, as required pursuant to subdivision (a) of Section 28160 and subdivision (a) of Section 28165, from the seller’s copy, and the seller’s personal information from the purchaser’s copy.