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SB-1569 Firearms: waiting period.(2011-2012)

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SB1569:v99#DOCUMENT


CALIFORNIA LEGISLATURE— 2011–2012 REGULAR SESSION

Senate Bill
No. 1569

Introduced  by  Senator Fuller

February 24, 2012

An act to amend Sections 26815 and 27540 of the Penal Code, relating to firearms.


LEGISLATIVE COUNSEL'S DIGEST


SB 1569, as introduced, Fuller. Firearms: waiting period.
Existing law prohibits a dealer from delivering a firearm to a person within 10 days of the application to purchase or submission to the Department of Justice of the information and fees required to determine eligibility to own or possess a firearm. Violation of this provision is a misdemeanor. Existing law requires a dealer to be licensed to sell firearms, which license is subject to forfeiture if the dealer delivers a firearm within the 10-day waiting period.
This bill would, instead, require a 72-hour waiting period for the above provisions.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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


SECTION 1.

 Section 26815 of the Penal Code is amended to read:

26815.
 No firearm shall be delivered:
(a) Within 10 days 72 hours of the application to purchase, or, after notice by the department pursuant to Section 28220, within 10 days 72 hours of the submission to the department of any correction to the application, or within 10 days 72 hours of the submission to the department of any a fee required pursuant to Section 28225, whichever is later.
(b) Unless unloaded and securely wrapped or unloaded and in a locked container.
(c) Unless the purchaser, transferee, or person being loaned the firearm presents clear evidence of the person’s identity and age to the dealer.
(d) Whenever the dealer is notified by the Department of Justice that the person is prohibited by state or federal law from processing, owning, purchasing, or receiving a firearm. The dealer shall make available to the person in the prohibited class a prohibited notice and transfer form, provided by the department, stating that the person is prohibited from owning or possessing a firearm, and that the person may obtain from the department the reason for the prohibition.

SEC. 2.

 Section 27540 of the Penal Code is amended to read:

27540.
 No dealer, whether or not acting pursuant to Chapter 5 (commencing with Section 28050), shall deliver a firearm to a person, as follows:
(a) Within 10 days 72 hours of the application to purchase, or, after notice by the department pursuant to Section 28220, within 10 days 72 hours of the submission to the department of any correction to the application, or within 10 days 72 hours of the submission to the department of any a fee required pursuant to Section 28225, whichever is later.
(b) Unless unloaded and securely wrapped or unloaded and in a locked container.
(c) Unless the purchaser, transferee, or person being loaned the firearm presents clear evidence of the person’s identity and age to the dealer.
(d) Whenever the dealer is notified by the Department of Justice that the person is prohibited by state or federal law from possessing, receiving, owning, or purchasing a firearm.
(e) No handgun shall be delivered unless the purchaser, transferee, or person being loaned the handgun presents a handgun safety certificate to the dealer.
(f) No handgun shall be delivered whenever the dealer is notified by the Department of Justice that, within the preceding 30-day period, the purchaser has made another application to purchase a handgun and that the previous application to purchase involved none of the entities specified in subdivision (b) of Section 27535.