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SB-1061 Firearms: surrenders to law enforcement.(2019-2020)

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Date Published: 03/20/2020 09:00 PM
SB1061:v98#DOCUMENT

Amended  IN  Senate  March 20, 2020

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Senate Bill
No. 1061


Introduced by Senator Monning

February 18, 2020


An act to amend Sections 11106, 18005, 25555, 26379, 26405, 26510, 26540, 27620, 27855, 27930, 31770, 31835, and 34010 of, and to add Section 18001 to, and to repeal and add Section 18005 of, the Penal Code, relating to firearms.


LEGISLATIVE COUNSEL'S DIGEST


SB 1061, as amended, Monning. Firearms: surrenders to law enforcement.
Existing law requires specified nuisance weapons and firearms possessed by a person legally prohibited from possessing a firearm to be surrendered to a law enforcement agency, as specified. Existing law prescribes the disposition of these surrendered weapons, including the sale or destruction of the weapon, the retention of the weapon by a governmental entity, or in the case of a stolen weapon, the return of the weapon the lawful owner.
This bill would additionally require a law enforcement agency, as described, to accept and dispose of any found, unwanted, or inherited firearm turned in by any person. person, and would prescribe the disposition of these weapons by destruction, retention by the agency, or, in the case of a stolen weapon, the return of the weapon to the lawful owner. The bill would additionally require the law enforcement agency to adopt a policy regarding accepting surrendered firearms and to post that policy and other specified information on its internet website. The bill would require the Department of Justice to develop information and guidelines regarding the surrendering of firearms and to post that information on its internet website.
The bill would specify that a person surrendering a firearm pursuant to these provisions is exempt from specified requirements or provisions relating to the possession and transfer of a firearm.
The bill would make other conforming changes.
By creating new duties for local law enforcement agencies, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

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


SECTION 1.

 Section 11106 of the Penal Code is amended to read:

11106.
 (a) (1) In order to assist in the investigation of crime, the prosecution of civil actions by city attorneys pursuant to paragraph (3) of subdivision (b), the arrest and prosecution of criminals, and the recovery of lost, stolen, or found property, the Attorney General shall keep and properly file a complete record of all of the following:
(A) All copies of fingerprints.
(B) Copies of licenses to carry firearms issued pursuant to Section 26150, 26155, 26170, or 26215.
(C) Information reported to the Department of Justice pursuant to subdivision (e) of Section 18120, Section 26225, 26556, 27875, 27920, 27966, 29180, 29830, or 34010.
(D) Dealers’ Records of Sale of firearms.
(E) Reports provided pursuant to Article 1 (commencing with Section 27500) of Chapter 4 of Division 6 of Title 4 of Part 6, or pursuant to any provision listed in subdivision (a) of Section 16585.
(F) Forms provided pursuant to Section 12084, as that section read prior to being repealed on January 1, 2006.
(G) Reports provided pursuant to Article 1 (commencing with Section 26700) and Article 2 (commencing with Section 26800) of Chapter 2 of Division 6 of Title 4 of Part 6, that are not Dealers’ Records of Sale of firearms.
(H) Information provided pursuant to Section 28255.
(I) Reports of stolen, lost, found, pledged, or pawned property in any city or county of this state.
(2) The Attorney General shall, upon proper application therefor, furnish the information to the officers referred to in Section 11105.
(b) (1) The Attorney General shall permanently keep and properly file and maintain all information reported to the Department of Justice pursuant to the following provisions as to firearms and maintain a registry thereof:
(A) Article 1 (commencing with Section 26700) and Article 2 (commencing with Section 26800) of Chapter 2 of Division 6 of Title 4 of Part 6.
(B) Article 1 (commencing with Section 27500) of Chapter 4 of Division 6 of Title 4 of Part 6.
(C) Chapter 5 (commencing with Section 28050) of Division 6 of Title 4 of Part 6.
(D) Any provision listed in subdivision (a) of Section 16585.
(E) Former Section 12084.
(F) Section 28255.
(G) Section 29180.
(H) Any other law.
(2) The registry shall consist of all of the following:
(A) The name, address, identification of, place of birth (state or country), complete telephone number, occupation, sex, description, and all legal names and aliases ever used by the owner or person being loaned the particular firearm as listed on the information provided to the department on the Dealers’ Record of Sale, the Law Enforcement Firearms Transfer (LEFT), as defined in former Section 12084, or reports made to the department pursuant to any provision listed in subdivision (a) of Section 16585, Section 28255 or 29180, or any other law.
(B) The name and address of, and other information about, any person (whether a dealer or a private party) from whom the owner acquired or the person being loaned the particular firearm and when the firearm was acquired or loaned as listed on the information provided to the department on the Dealers’ Record of Sale, the LEFT, or reports made to the department pursuant to any provision listed in subdivision (a) of Section 16585 or any other law.
(C) Any waiting period exemption applicable to the transaction which resulted in the owner of or the person being loaned the particular firearm acquiring or being loaned that firearm.
(D) The manufacturer’s name if stamped on the firearm, model name or number if stamped on the firearm, and, if applicable, the serial number, other number (if more than one serial number is stamped on the firearm), caliber, type of firearm, if the firearm is new or used, barrel length, and color of the firearm, or, if the firearm is not a handgun and does not have a serial number or any identification number or mark assigned to it, that shall be noted.
(3) Information in the registry referred to in this subdivision shall, upon proper application therefor, be furnished to the officers referred to in Section 11105, to a city attorney prosecuting a civil action, solely for use in prosecuting that civil action and not for any other purpose, or to the person listed in the registry as the owner or person who is listed as being loaned the particular firearm.
(4) If any person is listed in the registry as the owner of a firearm through a Dealers’ Record of Sale prior to 1979, and the person listed in the registry requests by letter that the Attorney General store and keep the record electronically, as well as in the record’s existing photographic, photostatic, or nonerasable optically stored form, the Attorney General shall do so within three working days of receipt of the request. The Attorney General shall, in writing, and as soon as practicable, notify the person requesting electronic storage of the record that the request has been honored as required by this paragraph.
(c) (1) If the conditions specified in paragraph (2) are met, any officer referred to in paragraphs (1) to (6), inclusive, of subdivision (b) of Section 11105 may disseminate the name of the subject of the record, the number of the firearms listed in the record, and the description of any firearm, including the make, model, and caliber, from the record relating to any firearm’s sale, transfer, registration, or license record, or any information reported to the Department of Justice pursuant to any of the following:
(A) Section 26225, 26556, 27875, 27920, 27966, or 29180.
(B) Article 1 (commencing with Section 26700) and Article 2 (commencing with Section 26800) of Chapter 2 of Division 6 of Title 4 of Part 6.
(C) Article 1 (commencing with Section 27500) of Chapter 4 of Division 6 of Title 4 of Part 6.
(D) Chapter 5 (commencing with Section 28050) of Division 6 of Title 4 of Part 6.
(E) Article 2 (commencing with Section 28150) of Chapter 6 of Division 6 of Title 4 of Part 6.
(F) Article 5 (commencing with Section 30900) of Chapter 2 of Division 10 of Title 4 of Part 6.
(G) Chapter 2 (commencing with Section 33850) of Division 11 of Title 4 of Part 6.
(H) Any provision listed in subdivision (a) of Section 16585.
(2) Information may be disseminated pursuant to paragraph (1) only if all of the following conditions are satisfied:
(A) The subject of the record has been arraigned for a crime in which the victim is a person described in subdivisions (a) to (f), inclusive, of Section 6211 of the Family Code and is being prosecuted or is serving a sentence for the crime, or the subject of the record is the subject of an emergency protective order, a temporary restraining order, or an order after hearing, which is in effect and has been issued by a family court under the Domestic Violence Prevention Act set forth in Division 10 (commencing with Section 6200) of the Family Code.
(B) The information is disseminated only to the victim of the crime or to the person who has obtained the emergency protective order, the temporary restraining order, or the order after hearing issued by the family court.
(C) Whenever a law enforcement officer disseminates the information authorized by this subdivision, that officer or another officer assigned to the case shall immediately provide the victim of the crime with a “Victims of Domestic Violence” card, as specified in subparagraph (H) of paragraph (9) of subdivision (c) of Section 13701.
(3) The victim or person to whom information is disseminated pursuant to this subdivision may disclose it as they deem necessary to protect themselves or another person from bodily harm by the person who is the subject of the record.

SEC. 2.

 Section 18001 is added to the Penal Code, to read:

18001.
 (a) A law enforcement agency described in Section 18000 shall accept, and dispose of, any unwanted firearms or weapons surrendered by a member of the public.
(b) Each such law enforcement agency shall adopt a firearm surrender policy and post that policy on its internet website. A firearm surrender policy shall include, without limitation, all of the following:
(1) A prohibition on law enforcement officers, or agency employees, offering to purchase the surrendered firearm through a private party transfer or any other means.
(2) Reasonable accommodations for members of the public who cannot safely transport firearms to a law enforcement facility.
(3) The procedures the agency has selected for the processing of surrendered firearms, including inquiries into the Automated Firearms System or ballistic testing.
(4) Personal information collected from persons surrendering an unwanted firearm.
(c) In addition to the policy described in subdivision (b), each law enforcement agency shall post the following information for the public on its internet website:
(1) Information on the safe handling and lawful transportation of unwanted or found firearms.
(2) Information on how to notify law enforcement officers prior to bringing in a firearm to surrender.
(d) A firearm surrendered to a law enforcement agency pursuant to this section shall be sold or destroyed pursuant to Section 18005 or retained pursuant to Section 34005, and the agency shall make proper notification to the Department of Justice pursuant to Section 34010.
(e) The Department of Justice shall develop and post on its internet website information and recommendations for how members of the public can safely and legally surrender an unwanted, inherited, or found firearm.

SEC. 3.Section 18005 of the Penal Code is amended to read:
18005.

(a)An officer to whom weapons are surrendered under Section 18000 or 18001, except upon the certificate of a judge of a court of record, or of the district attorney of the county, that the retention thereof is necessary or proper to the ends of justice, may annually, between the 1st and 10th days of July, in each year, offer the weapons, which the officer in charge of them considers to have value with respect to sporting, recreational, or collection purposes, for sale at public auction to persons licensed pursuant to Sections 26700 to 26915, inclusive, to engage in businesses involving any weapon purchased.

(b)If any weapon has been stolen and is thereafter recovered from the thief or the thief’s transferee, or is used in a manner as to constitute a nuisance under Section 19190, 21390, 21590, or 29300, or subdivision (a) of Section 25700 without the prior knowledge of its lawful owner that it would be so used, it shall not be offered for sale under subdivision (a) but shall be restored to the lawful owner, as soon as its use as evidence has been served, upon the lawful owner’s identification of the weapon and proof of ownership, and after the law enforcement agency has complied with Chapter 2 (commencing with Section 33850) of Division 11 of Title 4.

(c)If, under this section, a weapon is not of the type that can be sold to the public, generally, or is not sold under subdivision (a), the weapon, in the month of July, next succeeding, or sooner, if necessary to conserve local resources, including space and utilization of personnel who maintain files and security of those weapons, shall be destroyed so that it can no longer be used as a weapon subject to surrender under Section 18000, except upon the certificate of a judge of a court of record, or of the district attorney of the county, that the retention of it is necessary or proper to the ends of justice.

(d)No stolen weapon shall be sold or destroyed pursuant to subdivision (a) or (c) unless reasonable notice is given to its lawful owner, if the lawful owner’s identity and address can be reasonably ascertained.

SEC. 3.

 Section 18005 of the Penal Code is repealed.
18005.

(a)An officer to whom weapons are surrendered under Section 18000, except upon the certificate of a judge of a court of record, or of the district attorney of the county, that the retention thereof is necessary or proper to the ends of justice, may annually, between the 1st and 10th days of July, in each year, offer the weapons, which the officer in charge of them considers to have value with respect to sporting, recreational, or collection purposes, for sale at public auction to persons licensed pursuant to Sections 26700 to 26915, inclusive, to engage in businesses involving any weapon purchased.

(b)If any weapon has been stolen and is thereafter recovered from the thief or the thief’s transferee, or is used in a manner as to constitute a nuisance under Section 19190, 21390, 21590, or 29300, or subdivision (a) of Section 25700 without the prior knowledge of its lawful owner that it would be so used, it shall not be offered for sale under subdivision (a) but shall be restored to the lawful owner, as soon as its use as evidence has been served, upon the lawful owner’s identification of the weapon and proof of ownership, and after the law enforcement agency has complied with Chapter 2 (commencing with Section 33850) of Division 11 of Title 4.

(c)If, under this section, a weapon is not of the type that can be sold to the public, generally, or is not sold under subdivision (a), the weapon, in the month of July, next succeeding, or sooner, if necessary to conserve local resources, including space and utilization of personnel who maintain files and security of those weapons, shall be destroyed so that it can no longer be used as a weapon subject to surrender under Section 18000, except upon the certificate of a judge of a court of record, or of the district attorney of the county, that the retention of it is necessary or proper to the ends of justice.

(d)No stolen weapon shall be sold or destroyed pursuant to subdivision (a) or (c) unless reasonable notice is given to its lawful owner, if the lawful owner’s identity and address can be reasonably ascertained.

SEC. 4.

 Section 18005 is added to the Penal Code, to read:

18005.
 (a) A law enforcement agency that receives a weapon surrendered pursuant to Section 18000 or 18001 shall, no sooner than 30 days after receipt nor later than six months after receipt, destroy or cause to be destroyed the weapon so that it can no longer be used as a weapon subject to surrender under Section 18000 or 18001, unless either of the following exceptions apply:
(1) The agency has received the certificate of a judge of a court of record, or of the district attorney of the county, that the retention thereof is necessary or proper to the ends of justice.
(2) The weapon is retained pursuant to Section 34005.
(b) If a weapon has been stolen and is thereafter recovered from the thief or the thief’s transferee, or is used in a manner as to constitute a nuisance under Section 19190, 21390, 21590, or 29300, or subdivision (a) of Section 25700 without the prior knowledge of its lawful owner that it would be so used, it shall not be destroyed pursuant to subdivision (a) but shall be restored to the lawful owner, as soon as its use as evidence has been served, upon the lawful owner’s identification of the weapon and proof of ownership, and after the law enforcement agency has complied with Chapter 2 (commencing with Section 33850) of Division 11 of Title 4.
(c) No stolen weapon shall be destroyed pursuant to subdivision (a) unless reasonable notice is given to its lawful owner, if the lawful owner’s identity and address can be reasonably ascertained.

SEC. 4.SEC. 5.

 Section 25555 of the Penal Code is amended to read:

25555.
 Section 25400 does not apply to, or affect, the transportation of a firearm by a person in order to comply with Section 18001, 26556, 27870, 27875, 27915, 27920, 27925, 29810, or 29830, as it pertains to that firearm.

SEC. 5.SEC. 6.

 Section 26379 of the Penal Code is amended to read:

26379.
 Paragraph (1) of subdivision (a) of Section 26350 does not apply to, or affect, the open carrying of an unloaded handgun incident to any of the following:
(a) Complying with Section 27560 or 27565, as it pertains to that handgun.
(b) Section 28000, as it pertains to that handgun.
(c) Section 27850 or 31725, as it pertains to that handgun.
(d) Complying with Section 27870 or 27875, as it pertains to that handgun.
(e) Complying with Section 18001, 26556, 27915, 27920, 27925, 29810, or 29830, as it pertains to that handgun.

SEC. 6.SEC. 7.

 Section 26405 of the Penal Code is amended to read:

26405.
 Section 26400 does not apply to, or affect, the carrying of an unloaded firearm that is not a handgun in any of the following circumstances:
(a) By a person when carried within a place of business, a place of residence, or on private real property, if that person, by virtue of subdivision (a) of Section 25605, may carry a firearm within that place of business, place of residence, or on that private real property owned or lawfully occupied by that person.
(b) By a person when carried within a place of business, a place of residence, or on private real property, if done with the permission of a person who, by virtue of subdivision (a) of Section 25605, may carry a firearm within that place of business, place of residence, or on that private real property owned or lawfully occupied by that person.
(c) When the firearm is either in a locked container or encased and it is being transported directly between places where a person is not prohibited from possessing that firearm and the course of travel shall include only those deviations between authorized locations as are reasonably necessary under the circumstances.
(d) If the person possessing the firearm reasonably believes that they are in grave danger because of circumstances forming the basis of a current restraining order issued by a court against another person or persons who has or have been found to pose a threat to the person’s life or safety. This subdivision may not apply when the circumstances involve a mutual restraining order issued pursuant to Division 10 (commencing with Section 6200) of the Family Code absent a factual finding of a specific threat to the person’s life or safety. Upon a trial for violating Section 26400, the trier of fact shall determine whether the defendant was acting out of a reasonable belief that they were in grave danger.
(e) By a peace officer or an honorably retired peace officer if that officer may carry a concealed firearm pursuant to Article 2 (commencing with Section 25450) of Chapter 2, or a loaded firearm pursuant to Article 3 (commencing with Section 25900) of Chapter 3.
(f) By a person to the extent that person may openly carry a loaded firearm that is not a handgun pursuant to Article 4 (commencing with Section 26000) of Chapter 3.
(g) As merchandise by a person who is engaged in the business of manufacturing, importing, wholesaling, repairing, or dealing in firearms and who is licensed to engage in that business, or the authorized representative or authorized agent of that person, while engaged in the lawful course of the business.
(h) By a duly authorized military or civil organization, or the members thereof, while parading or while rehearsing or practicing parading, when at the meeting place of the organization.
(i) By a member of a club or organization organized for the purpose of practicing shooting at targets upon established target ranges, whether public or private, while the members are using firearms that are not handguns upon the target ranges or incident to the use of a firearm that is not a handgun at that target range.
(j) By a licensed hunter while engaged in hunting or while transporting that firearm when going to or returning from that hunting expedition.
(k) Incident to transportation of a handgun by a person operating a licensed common carrier, or by an authorized agent or employee thereof, when transported in conformance with applicable federal law.
(l) By a member of an organization chartered by the Congress of the United States or a nonprofit mutual or public benefit corporation organized and recognized as a nonprofit tax-exempt organization by the Internal Revenue Service while on official parade duty or ceremonial occasions of that organization or while rehearsing or practicing for official parade duty or ceremonial occasions.
(m) Within a gun show conducted pursuant to Article 1 (commencing with Section 27200) and Article 2 (commencing with Section 27300) of Chapter 3 of Division 6.
(n) Within a school zone, as defined in Section 626.9, if that carrying is not prohibited by Section 626.9.
(o) When in accordance with the provisions of Section 171b.
(p) By a person while engaged in the act of making or attempting to make a lawful arrest.
(q) By a person engaged in firearms-related activities, while on the premises of a fixed place of business that is licensed to conduct and conducts, as a regular course of its business, activities related to the sale, making, repair, transfer, pawn, or the use of firearms, or related to firearms training.
(r) By an authorized participant in, or an authorized employee or agent of a supplier of firearms for, a motion picture, television, or video production or entertainment event, when the participant lawfully uses that firearm as part of that production or event, as part of rehearsing or practicing for participation in that production or event, or while the participant or authorized employee or agent is at that production or event, or rehearsal or practice for that production or event.
(s) Incident to obtaining an identification number or mark assigned for that firearm from the Department of Justice pursuant to Section 23910.
(t) At an established public target range while the person is using that firearm upon that target range.
(u) By a person when that person is summoned by a peace officer to assist in making arrests or preserving the peace, while the person is actually engaged in assisting that officer.
(v) Incident to any of the following:
(1) Complying with Section 27560 or 27565, as it pertains to that firearm.
(2) Section 28000, as it pertains to that firearm.
(3) Section 27850 or 31725, as it pertains to that firearm.
(4) Complying with Section 27870 or 27875, as it pertains to that firearm.
(5) Complying with Section 18001, 26556, 27915, 27920, 27925, 27966, 29810, or 29830, as it pertains to that firearm.
(w) Incident to, and in the course and scope of, training of, or by an individual to become a sworn peace officer as part of a course of study approved by the Commission on Peace Officer Standards and Training.
(x) Incident to, and in the course and scope of, training of, or by an individual to become licensed pursuant to Chapter 4 (commencing with Section 26150) as part of a course of study necessary or authorized by the person authorized to issue the license pursuant to that chapter.
(y) Incident to and at the request of a sheriff, chief, or other head of a municipal police department.
(z) If all of the following conditions are satisfied:
(1) The open carrying occurs at an auction, raffle, or similar event of a nonprofit public benefit or mutual benefit corporation at which firearms are auctioned, raffled, or otherwise sold to fund the activities of that corporation or the local chapters of that corporation.
(2) The unloaded firearm that is not a handgun is to be auctioned, raffled, or otherwise sold for that nonprofit public benefit or mutual benefit corporation.
(3) The unloaded firearm that is not a handgun is to be delivered by a person licensed pursuant to, and operating in accordance with, Sections 26700 to 26915, inclusive.
(aa) Pursuant to paragraph (3) of subdivision (b) of Section 171c.
(ab) Pursuant to Section 171d.
(ac) Pursuant to subparagraph (F) of paragraph (1) of subdivision (c) of Section 171.7.
(ad) On publicly owned land, if the possession and use of an unloaded firearm that is not a handgun is specifically permitted by the managing agency of the land and the person carrying that firearm is in lawful possession of that firearm.
(ae) By any of the following:
(1) The carrying of an unloaded firearm that is not a handgun that is regulated pursuant to Chapter 1 (commencing with Section 18710) of Division 5 of Title 2 by a person who holds a permit issued pursuant to Article 3 (commencing with Section 18900) of that chapter, if the carrying of that firearm is conducted in accordance with the terms and conditions of the permit.
(2) The carrying of an unloaded firearm that is not a handgun that is regulated pursuant to Chapter 2 (commencing with Section 30500) of Division 10 by a person who holds a permit issued pursuant to Section 31005, if the carrying of that firearm is conducted in accordance with the terms and conditions of the permit.
(3) The carrying of an unloaded firearm that is not a handgun that is regulated pursuant to Chapter 6 (commencing with Section 32610) of Division 10 by a person who holds a permit issued pursuant to Section 32650, if the carrying of that firearm is conducted in accordance with the terms and conditions of the permit.
(4) The carrying of an unloaded firearm that is not a handgun that is regulated pursuant to Article 2 (commencing with Section 33300) of Chapter 8 of Division 10 by a person who holds a permit issued pursuant to Section 33300, if the carrying of that firearm is conducted in accordance with the terms and conditions of the permit.
(af) By a licensed hunter while actually engaged in training a dog for the purpose of using the dog in hunting that is not prohibited by law, or while transporting the firearm while going to or returning from that training.
(ag) Pursuant to the provisions of subdivision (d) of Section 171.5.
(ah) By a person who is engaged in the business of manufacturing ammunition and who is licensed to engage in that business, or the authorized representative or authorized agent of that person, while the firearm is being used in the lawful course and scope of the licensee’s activities as a person licensed pursuant to Chapter 44 (commencing with Section 921) of Title 18 of the United States Code and regulations issued pursuant thereto.
(ai) On the navigable waters of this state that are held in public trust, if the possession and use of an unloaded firearm that is not a handgun is not prohibited by the managing agency thereof and the person carrying the firearm is in lawful possession of the firearm.

SEC. 7.SEC. 8.

 Section 26510 of the Penal Code is amended to read:

26510.
 Section 26500 does not apply to a person acting pursuant to subdivision (f) of Section 186.22a or Section 18000, 18001, or 18005.

SEC. 8.SEC. 9.

 Section 26540 of the Penal Code is amended to read:

26540.
 Section 26500 does not apply to sales, deliveries, transfers, or returns of firearms made pursuant to any of the following:
(a) Sections 18000, 18001, and 18005.
(b) Division 4 (commencing with Section 18250) of Title 2.
(c) Section 29810.
(d) Chapter 2 (commencing with Section 33850) of Division 11.
(e) Sections 34005 and 34010.

SEC. 9.SEC. 10.

 Section 27620 of the Penal Code is amended to read:

27620.
 Section 27545 does not apply to the sale, delivery, or transfer of a firearm when made by an authorized law enforcement representative of a city, county, city and county, or of the state or federal government, if all of the following conditions are met:
(a) The sale, delivery, or transfer is made to one of the following:
(1) A wholesaler.
(2) A manufacturer or importer of firearms or ammunition licensed to engage in that business pursuant to Chapter 44 (commencing with Section 921) of Title 18 of the United States Code and the regulations issued pursuant thereto.
(b) The sale, delivery, or transfer of the firearm is not subject to the procedures set forth in Section 18000, 18001, 18005, 34000, or 34005.
(c) Within 10 days of the date that any firearm is delivered pursuant to this section, the governmental agency has entered a record of the delivery into the Automated Firearms System (AFS) via the California Law Enforcement Telecommunications System (CLETS). 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. 10.SEC. 11.

 Section 27855 of the Penal Code is amended to read:

27855.
 Section 27545 does not apply to the sale, delivery, loan, or transfer of a firearm made by an authorized law enforcement representative of a city, county, city and county, or state, or of the federal government, to any public or private nonprofit historical society, museum, or institutional collection, or the purchase or receipt of that firearm by that public or private nonprofit historical society, museum, or institutional collection, if all of the following conditions are met:
(a) The entity receiving the firearm is open to the public.
(b) The firearm prior to delivery is deactivated or rendered inoperable.
(c) The firearm is not subject to any of the following:
(1) Sections 18000, 18001, and 18005.
(2) Division 4 (commencing with Section 18250) of Title 2.
(3) Section 34000.
(4) Sections 34005 and 34010.
(d) The firearm is not prohibited by other provisions of law from being sold, delivered, or transferred to the public at large.
(e) Prior to delivery, the entity receiving the firearm submits a written statement to the law enforcement representative stating that the firearm will not be restored to operating condition, and will either remain with that entity, or if subsequently disposed of, will be transferred in accordance with the applicable provisions listed in Section 16575 and, if applicable, with Section 31615.
(f) Within 10 days of the date that the firearm is sold, loaned, delivered, or transferred to that entity, all of the following information shall be reported to the department in a manner prescribed by the department:
(1) The name of the government entity delivering the firearm.
(2) The make, model, serial number, and other identifying characteristics of the firearm.
(3) The name of the person authorized by the entity to take possession of the firearm.
(g) In the event of a change in the status of the designated representative, the entity shall notify the department of a new representative within 30 days.

SEC. 11.SEC. 12.

 Section 27930 of the Penal Code is amended to read:

27930.
 Section 27545 does not apply to deliveries, transfers, or returns of firearms made pursuant to any of the following:
(a) Sections 18000, 18001, and 18005.
(b) Division 4 (commencing with Section 18250) of Title 2.
(c) Chapter 2 (commencing with Section 33850) of Division 11.
(d) Sections 34005 and 34010.
(e) Section 29810.

SEC. 12.SEC. 13.

 Section 31770 of the Penal Code is amended to read:

31770.
 Subdivision (a) of Section 31615 does not apply to deliveries, transfers, or returns of firearms made pursuant to any of the following:
(a) Sections 18000, 18001, and 18005.
(b) Division 4 (commencing with Section 18250) of Title 2.
(c) Chapter 2 (commencing with Section 33850) of Division 11.
(d) Sections 34005 and 34010.

SEC. 13.SEC. 14.

 Section 31835 of the Penal Code is amended to read:

31835.
 Subdivision (a) of Section 31615 does not apply to the delivery, sale, or transfer of firearms when made by authorized law enforcement representatives for cities, counties, cities and counties, or of the state or federal government, if all of the following conditions are met:
(a) The sale, delivery, or transfer is made to one of the persons or entities identified in subdivision (a) of Section 26620.
(b) The sale, delivery, or transfer of the firearm is not subject to the procedures set forth in Section 18000, 18001, 18005, 34000, or 34005.
(c) The sale, delivery, or transfer of the firearm follows the procedures set forth in subdivision (c) of Section 26620.

SEC. 14.SEC. 15.

 Section 34010 of the Penal Code is amended to read:

34010.
 Any law enforcement agency that retains custody of any firearm pursuant to Section 34005, or that destroys a firearm pursuant to Sections 18000, 18001, and 18005, shall notify the Department of Justice Justice, in a manner and format prescribed by the department, of the retention or destruction. This notification shall consist of a complete description of each firearm, including the name of the manufacturer or brand name, model, caliber, and serial number.

SEC. 15.SEC. 16.

 If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.