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AB-667 Firearms: Armed Prohibited Persons System.(2021-2022)

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Date Published: 04/05/2021 01:34 PM
AB667:v98#DOCUMENT

Amended  IN  Assembly  April 05, 2021

CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Assembly Bill
No. 667


Introduced by Assembly Member Irwin
(Coauthor: Assembly Member Bauer-Kahan)

February 12, 2021


An act to amend Sections 28010, 28012, 30000, 30005, 30010, 30012, 30020, 30370, and 30470, and to repeal Section 30015 of, the Penal Code, relating to firearms.


LEGISLATIVE COUNSEL'S DIGEST


AB 667, as amended, Irwin. Firearms: Armed Prohibited Persons System.
Existing law creates the Prohibited Armed Persons File, sometimes called the Armed Prohibited Persons System, for the purpose of cross-referencing persons who have ownership or possession of a firearm, as indicated by a record in the Consolidated Firearms Information System, with a list of persons who are prohibited from owning or possessing a firearm. Existing law requires the Department of Justice, upon the entry of specified information into the Automated Criminal History System, including, among other things, any conviction for a felony, determine if the person has an entry in the Consolidated Firearms Information System indicating possession or ownership of a firearm, as specified. Existing law requires the department, if the person has an entry in the Consolidated Firearms Information System, to then add specified information about the person to the Prohibited Armed Persons File.
This bill would rename the Prohibited Armed Persons File as the Armed Prohibited Persons System. The bill would additionally require the department to add a person’s information to the Armed Prohibited Persons System if they are the subject of specified gun violence restraining orders and possess a firearm.
Existing law requires the Attorney General to provide investigative assistance to local law enforcement agencies to better ensure the investigation of individuals who are armed and prohibited from possessing a firearm.
This bill would require the Department of Justice to provide all investigative notes, reports, and related materials on individuals listed in the Armed Prohibited Persons System to local law enforcement agencies, and to develop and implement, by January 1, 2023, an electronic database system that enables local law enforcement real-time access to that information.
Existing law requires any purchase or transfer of ammunition through a vendor and, commencing July 1, 2022, any purchase or transfer of a precursor part through a vendor, to be approved by the Department of Justice, and requires the department to deny approval if the purchaser or transferee is prohibited from owning or possessing a firearm.
This bill would require the department to immediately notify the sheriff of the county in which the purchase or transfer was attempted, when a purchase or transfer is denied for that reason.
Existing law requires the Department of Justice, no later than April 1 each year, to send a report to the Joint Legislative Budget Committee and the fiscal committees of each house of the Legislature containing specified information including, among other things, the total number of individuals in the Armed Prohibited Persons System, the number of cases which are active and pending, and information regarding task forces or collaboration with local law enforcement on reducing the file.
This bill would, instead of requiring information regarding task forces or collaboration with local law enforcement, require that report to include a summary of efforts of local law enforcement on reducing the file or backlog, with a comparison of statistics between department, local law enforcement, and joint task force efforts. The bill would require, no later than February 1 each year, every specified local law enforcement agency agencies to report specified information to the department, including, among other things, the total number of individuals within their jurisdiction in the Armed Prohibited Persons System and the number of cases which are active and pending. By increasing the duties of local law enforcement agencies, this bill would create a state-mandated local program.
This bill would additionally make conforming changes and delete obsolete provisions.

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: YESNO  

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


SECTION 1.

 Section 28010 of the Penal Code is amended to read:

28010.
 (a) The Legislature finds and declares that current practices and statutes authorize the purchase, registration, and ownership of firearms by an individual, but not by a business entity.
(b) It is the intent of the Legislature in enacting this chapter to allow business ownership and registration of firearms in the case of licensed Private Patrol Operators (PPOs) who are actively providing armed private contract security services. It is further the intent of the Legislature to establish procedures whereby a PPO may assign firearms it owns to its employees who are licensed to carry firearms and that assignment of a firearm by a PPO to that employee would not constitute a loan, sale, or transfer of a firearm.
(c) It is the intent of the Legislature to require notification of the Bureau of Security and Investigative Services any time a security guard is listed in the Armed Prohibited Persons System so that the bureau may proceed with appropriate action regarding the licensing of the employee.
(d) For purposes of this chapter, the following definitions apply:
(1) “Bureau” means the Bureau of Security and Investigative Services within the Department of Consumer Affairs.
(2) “Department” means the Department of Justice.
(3) “Director” means the Director of the Department of Consumer Affairs.
(4) “Private patrol operator” or “PPO” means a private patrol operator licensed pursuant to Chapter 11.5 (commencing with Section 7580) of Division 3 of the Business and Professions Code whose license is not suspended, revoked, expired, inactive, delinquent, or canceled.
(5) “Security guard” means a security guard registered pursuant to Chapter 11.5 (commencing with Section 7580) of Division 3 of the Business and Professions Code whose registration is not suspended, revoked, expired, inactive, delinquent, or canceled.

SEC. 2.

 Section 28012 of the Penal Code is amended to read:

28012.
 (a) A PPO may be the registered owner of a firearm if the PPO is registered with the department pursuant to procedures established by the department.
(b) The department shall modify the department’s Dealers’ Record of Sale (DROS) form to allow a PPO to be listed as the purchaser and registered owner of a firearm. The form shall also require the PPO to identify its type of business formation and to include any tax identification number or other identifying number of the PPO that may be required by the department.
(c) (1) The department shall modify the department’s DROS form to require the PPO to designate a “firearms custodian” for the firearm owned by the PPO that is listed in the DROS. A firearms custodian shall possess a valid firearms qualification permit issued by the bureau. A firearms custodian is responsible for the tracking, safekeeping, and inventory of those firearms of the PPO for which the custodian is designated, and shall serve as a point of contact for the department regarding the firearms for which the custodian is designated.
(2) If a firearms custodian is no longer employed by the PPO in that capacity, or otherwise becomes ineligible to be the firearms custodian, the PPO shall notify the department of that fact within seven days in a manner prescribed by the department, and the PPO shall notify the department of the designated replacement firearms custodian within 20 days of the original notice.
(d) A security guard shall possess a valid firearm qualification permit issued by the bureau prior to receiving a firearm from a PPO pursuant to a Certificate of Assignment (COA). A firearm shall be assigned by a PPO to a security guard who is employed to work for the PPO only when that employment requires the security guard to be armed.
(e) (1) (A) The department shall prescribe a “Certificate of Assignment” or “COA.” The COA may include fields that are in the DROS form, and shall be used to identify the employee of the PPO who has been assigned a PPO-owned firearm by the PPO pursuant to this chapter.
(B) The COA shall also be used to identify an employee of the PPO who will use their own firearm in the course of their duties as a security guard. The COA shall not require specific information regarding an employee-owned firearm.
(2) A PPO shall register a PPO-owned firearm acquired prior to July 1, 2016, as a PPO-owned firearm in a manner prescribed by the department prior to filing a COA for that firearm.
(3) Upon the PPO assigning a firearm to an employee who is a security guard, the PPO shall complete the COA and file it with the department in a timely manner as prescribed by the department.
(f) The department shall cause the information contained on the COA to be entered into the Automated Firearms System in a timely manner. Upon termination of the employment assignment that requires the security guard to be armed and the transfer of the firearm from the security guard back to the PPO, the PPO shall complete a COA indicating that the firearm is no longer assigned to the employee and that the firearm is in the possession of the PPO and shall file the COA with the department in a timely manner, as prescribed.
(g) If a security guard becomes listed in the Armed Prohibited Persons System the department shall immediately notify the bureau of the listing by secured electronic delivery. Upon that notification, the bureau shall take appropriate action regarding the security guard. In addition, the department shall notify the PPO, in the manner the department deems appropriate, that the PPO employee is prohibited from being armed. This chapter does not prohibit the department from also notifying the bureau if a security guard has been arrested and charged with an offense that, upon conviction, would constitute a basis for revocation of a firearms qualification permit or security guard registration.

SEC. 3.

 Section 30000 of the Penal Code is amended to read:

30000.
 (a) The Attorney General shall establish and maintain an online database to be known as the Armed Prohibited Persons System. The purpose of the system is to cross-reference persons who have ownership or possession of a firearm on or after January 1, 1996, as indicated by a record in the Consolidated Firearms Information System, and who, subsequent to the date of that ownership or possession of a firearm, fall within a class of persons who are prohibited from owning or possessing a firearm.
(b) The information contained in the Armed Prohibited Persons System shall only be available to those entities specified in, and pursuant to, subdivision (b) or (c) of Section 11105, through the California Law Enforcement Telecommunications System, for the purpose of determining if persons are armed and prohibited from possessing firearms.

SEC. 4.

 Section 30005 of the Penal Code is amended to read:

30005.
 The Armed Prohibited Persons System database shall function as follows:
(a) Upon entry into the Automated Criminal History System of a disposition for a conviction of any felony, a conviction for any firearms-prohibiting charge specified in Chapter 2 (commencing with Section 29800), a conviction for an offense described in Chapter 3 (commencing with Section 29900), a firearms prohibition pursuant to Sections 18125, 18150, or 18170, a firearms prohibition pursuant to Section 6304 of the Family Code, a firearms prohibition pursuant to Section 8100 or 8103 of the Welfare and Institutions Code, or any firearms possession prohibition identified by the federal National Instant Criminal Background Check System, the Department of Justice shall determine if the subject has an entry in the Consolidated Firearms Information System indicating possession or ownership of a firearm on or after January 1, 1996, or an assault weapon registration, or a .50 BMG rifle registration.
(b) Upon an entry into any department automated information system that is used for the identification of persons who are prohibited by state or federal law from acquiring, owning, or possessing firearms, the department shall determine if the subject has an entry in the Consolidated Firearms Information System indicating ownership or possession of a firearm on or after January 1, 1996, or an assault weapon registration, or a .50 BMG rifle registration.
(c) If the department determines that, pursuant to subdivision (a) or (b), the subject has an entry in the Consolidated Firearms Information System indicating possession or ownership of a firearm on or after January 1, 1996, or an assault weapon registration, or a .50 BMG rifle registration, the following information shall be entered into the Armed Prohibited Persons System:
(1) The subject’s name.
(2) The subject’s date of birth.
(3) The subject’s physical description.
(4) Any other identifying information regarding the subject that is deemed necessary by the Attorney General.
(5) The basis of the firearms possession prohibition.
(6) A description of all firearms owned or possessed by the subject, as reflected by the Consolidated Firearms Information System.

SEC. 5.

 Section 30010 of the Penal Code is amended to read:

30010.
 (a) The Attorney General shall provide investigative assistance to local law enforcement agencies to better ensure the investigation of individuals who are armed and prohibited from possessing a firearm.
(b) The Department of Justice shall provide all investigative notes, reports, and related materials on individuals listed in the Armed Prohibited Persons System to local law enforcement agencies.
(c) The department shall not require a local law enforcement agency to enter into a memorandum of understanding, cost-sharing agreement, or any other contract to receive information under this section.
(d) (1) The department shall develop and implement, by January 1, 2023, an electronic database system that enables local law enforcement real-time access to information pursuant to this section.
(2) The department shall authorize access to the database described in this subdivision by local law enforcement agencies using third-party information management software.

SEC. 6.

 Section 30012 of the Penal Code is amended to read:

30012.
 (a) No later than April 1, 2020, and no later than April 1 of each year thereafter, the Department of Justice shall report to the Joint Legislative Budget Committee and the fiscal committees of each house of the Legislature all of the following information for the immediately preceding calendar year:
(1) The total number of individuals in the Armed Prohibited Persons System (APPS) and the number of cases which are active and pending, as follows:
(A) (i) For active cases, the department shall report the status of each case for which the department has initiated an investigation. This information shall include, at a minimum, the number of cases that have not been actively investigated for 12 months or longer, along with a breakdown of the time period that has elapsed since a case was added to the system.
(ii) For purposes of this paragraph, “investigation” means any work conducted by sworn or nonsworn staff to determine whether a prohibited person possesses one or more firearms, whether to remove the person from the database, or whether to shift the person to the pending caseload.
(B) For pending cases, the department shall separately report the number of cases that are unable to be cleared, unable to be located, related to out-of-state individuals, related to only federal firearms prohibitions, and related to incarcerated individuals.
(2) The number of individuals added to the APPS database.
(3) The number of individuals removed from the APPS database, including a breakdown of the basis on which they were removed. At a minimum, this information shall separately report those cases that were removed because the individual is deceased, had prohibitions expire or removed, or had their cases resolved as a result of department firearm seizure activities.
(4) The degree to which the backlog in the APPS has been reduced or eliminated. For purposes of this section, “backlog” means the number of cases for which the department did not initiate an investigation within six months of the case being added to the APPS or has not completed investigatory work within six months of initiating an investigation on the case.
(5) The number of individuals in the APPS before and after the relevant reporting period, including a breakdown of why each individual in the APPS is prohibited from possessing a firearm.
(6) The number of agents and other staff hired for enforcement of the APPS.
(7) The number of firearms recovered due to enforcement of the APPS.
(8) The number of contacts made during the APPS enforcement efforts.
(9) A summary of efforts of local law enforcement on reducing the APPS file or backlog using information reported to the department pursuant to subdivision (b), with a comparison of statistics between department, local law enforcement, and joint task force efforts.
(b) No later than February 1 of each year, every local law enforcement agency that receives funds from the state or Department of Justice specifically for APPS investigation and enforcement activities shall report to the Department of Justice department all of the following information for the immediately preceding calendar year:
(1) The total number of individuals in the APPS within their jurisdiction and the number of cases that are active and pending, as follows:
(A) (i) For active cases, the agency shall report the status of each case for which the agency has initiated an investigation. This information shall include, at a minimum, the number of cases that have not been actively investigated for 12 months or longer, along with a breakdown of the time period that has elapsed since a case was added to the system.
(ii) For purposes of this paragraph, “investigation” means any work conducted by sworn or nonsworn staff to determine whether a prohibited person possesses one or more firearms, whether to remove the person from the database, or whether to shift the person to the pending caseload.
(B) For pending cases, the department shall separately report the number of cases that are unable to be cleared, unable to be located, related to out-of-state individuals, related to only federal firearms prohibitions, and related to incarcerated individuals.
(2) The number of individuals within their jurisdiction added to the APPS database.
(3) The number of individuals within their jurisdiction removed from the APPS database, including a breakdown of the basis on which they were removed. At a minimum, this information shall separately report those cases that were removed because the individual is deceased, had prohibitions expire or removed, or had their cases resolved as a result of agency firearm seizure activities.
(4) The degree to which the backlog in the APPS has been reduced or eliminated within their jurisdiction. For purposes of this section, “backlog” means the number of cases for which the agency did not initiate an investigation within six months of the case being added to the APPS or has not completed investigatory work within six months of initiating an investigation on the case.
(5) The number of individuals within their jurisdiction in the APPS before and after the relevant reporting period, including a breakdown of why each individual in the APPS is prohibited from possessing a firearm.
(6) The number of officers and other staff hired for enforcement of the APPS.
(7) The number of firearms recovered due to enforcement of the APPS.
(8) The number of contacts made during the APPS enforcement efforts.

SEC. 7.

 Section 30015 of the Penal Code is repealed.

SEC. 8.

 Section 30020 of the Penal Code is amended to read:

30020.
 (a) The Department of Justice shall complete an initial review of a match in the daily queue of the Armed Prohibited Persons System within seven days of the match being placed in the queue and shall periodically reassess whether the department can complete those reviews more efficiently.
(b) For the purpose of this section, “match” means the entry into the Automated Criminal History System or into any department automated information system of the name and other information of an individual who may be prohibited from acquiring, owning, or possessing a firearm, and a corresponding record of ownership or possession of a firearm by that individual, as described in Section 30005.

SEC. 9.

 Section 30370 of the Penal Code is amended to read:

30370.
 (a) Commencing July 1, 2019, the department shall electronically approve the purchase or transfer of ammunition through a vendor, as defined in Section 16151, except as otherwise specified. This approval shall occur at the time of purchase or transfer, prior to the purchaser or transferee taking possession of the ammunition. Pursuant to the authorization specified in paragraph (1) of subdivision (c) of Section 30352, the following persons are authorized to purchase ammunition:
(1) A purchaser or transferee whose information matches an entry in the Automated Firearms System (AFS) and who is eligible to possess ammunition as specified in subdivision (b).
(2) A purchaser or transferee who has a current certificate of eligibility issued by the department pursuant to Section 26710.
(3) A purchaser or transferee who is not prohibited from purchasing or possessing ammunition in a single ammunition transaction or purchase made pursuant to the procedure developed pursuant to subdivision (c).
(b) (1) To determine if the purchaser or transferee is eligible to purchase or possess ammunition pursuant to paragraph (1) of subdivision (a), the department shall cross-reference the ammunition purchaser’s or transferee’s name, date of birth, current address, and driver’s license or other government identification number, as described in Section 28180, with the information maintained in the AFS. If the purchaser’s or transferee’s information does not match an AFS entry, the transaction shall be denied. If the purchaser’s or transferee’s information matches an AFS entry, the department shall determine if the purchaser or transferee falls within a class of persons who are prohibited from owning or possessing ammunition by cross-referencing with the Armed Prohibited Persons System. If the purchaser or transferee is prohibited from owning or possessing a firearm, the transaction shall be denied.
(2) If a transaction is denied because the purchaser or transferee is prohibited from owning or possessing a firearm, the department shall immediately notify the sheriff of the county in which the purchase or transfer was attempted.
(c) The department shall develop a procedure in which a person who is not prohibited from purchasing or possessing ammunition may be approved for a single ammunition transaction or purchase. The department shall recover the cost of processing and regulatory and enforcement activities related to this section by charging the ammunition transaction or purchase applicant a fee not to exceed the fee charged for the department’s Dealers’ Record of Sale (DROS) process, as described in Section 28225 and not to exceed the department’s reasonable costs.
(d) A vendor is prohibited from providing a purchaser or transferee ammunition without department approval. If a vendor cannot electronically verify a person’s eligibility to purchase or possess ammunition via an Internet connection, the department shall provide a telephone line to verify eligibility. This option is available to ammunition vendors who can demonstrate legitimate geographical and telecommunications limitations in submitting the information electronically and who are approved by the department to use the telephone line verification.
(e) The department shall recover the reasonable cost of regulatory and enforcement activities related to this article by charging ammunition purchasers and transferees a per transaction fee not to exceed one dollar ($1), provided, however, that the fee may be increased at a rate not to exceed any increases in the California Consumer Price Index as compiled and reported by the Department of Industrial Relations, not to exceed the reasonable regulatory and enforcement costs.
(f) A fund to be known as the “Ammunition Safety and Enforcement Special Fund” is hereby created within the State Treasury. All fees received pursuant to this section shall be deposited into the Ammunition Safety and Enforcement Special Fund and, notwithstanding Section 13340 of the Government Code, are continuously appropriated for purposes of implementing, operating, and enforcing the ammunition authorization program provided for in this section and Section 30352 and for repaying the start-up loan provided for in Section 30371.
(g) The Department of Justice is authorized to adopt regulations to implement this section.

SEC. 10.

 Section 30470 of the Penal Code is amended to read:

30470.
 (a) Commencing July 1, 2022, the department shall electronically approve the purchase or transfer of firearm precursor parts through a vendor, as defined in Section 16532, except as otherwise specified. This approval shall occur at the time of purchase or transfer, prior to the purchaser or transferee taking possession of the firearm precursor part. Pursuant to the authorization specified in paragraph (1) of subdivision (c) of Section 30452, the following persons are authorized to purchase firearm precursor parts:
(1) A purchaser or transferee whose information matches an entry in the Automated Firearms System (AFS) and who is eligible to possess firearm precursor parts as specified in subdivision (b).
(2) A purchaser or transferee who has a current certificate of eligibility issued by the department pursuant to Section 26710.
(3) A purchaser or transferee who is not prohibited from purchasing or possessing firearm precursor parts in a single firearm precursor part transaction or purchase made pursuant to the procedure developed pursuant to subdivision (c).
(b) (1) To determine if the purchaser or transferee is eligible to purchase or possess firearm precursor parts pursuant to paragraph (1) of subdivision (a), the department shall cross-reference the firearm precursor part purchaser’s or transferee’s name, date of birth, current address, and driver’s license or other government identification number, as described in Section 28180, with the information maintained in the AFS. If the purchaser’s or transferee’s information does not match an AFS entry, the transaction shall be denied. If the purchaser’s or transferee’s information matches an AFS entry, the department shall determine if the purchaser or transferee falls within a class of persons who are prohibited from owning or possessing firearm precursor parts by cross-referencing with the Armed Prohibited Persons System. If the purchaser or transferee is prohibited from owning or possessing a firearm, the transaction shall be denied.
(2) If a transaction is denied because the purchaser or transferee is prohibited from owning or possessing a firearm, the department shall immediately notify the sheriff of the county in which the purchase or transfer was attempted.
(c) The department shall develop a procedure in which a person who is not prohibited from purchasing or possessing a firearm precursor part may be approved for a single firearm precursor part transaction or purchase. The department shall recover the cost of processing and regulatory and enforcement activities related to this section by charging the firearm precursor part transaction or purchase applicant a fee not to exceed the fee charged for the department’s Dealers’ Record of Sale (DROS) process, as described in Section 28225 and not to exceed the department’s reasonable costs.
(d) A vendor is prohibited from providing a purchaser or transferee a firearm precursor part without department approval. If a vendor cannot electronically verify a person’s eligibility to purchase or possess firearm precursor parts via an internet connection, the department shall provide a telephone line to verify eligibility. This option is available to firearm precursor part vendors who can demonstrate legitimate geographical and telecommunications limitations in submitting the information electronically and who are approved by the department to use the telephone line verification.
(e) The department shall recover the reasonable cost of regulatory and enforcement activities related to this article by charging firearm precursor parts purchasers and transferees a per transaction fee not to exceed one dollar ($1), provided, however, that the fee may be increased at a rate not to exceed any increases in the California Consumer Price Index as compiled and reported by the Department of Industrial Relations, not to exceed the reasonable regulatory and enforcement costs.
(f) A fund to be known as the Firearm Precursor Parts Enforcement Special Fund is hereby created within the State Treasury. All fees received pursuant to this section shall be deposited into the Firearm Precursor Parts Special Fund and, notwithstanding Section 13340 of the Government Code, are continuously appropriated to the department for purposes of implementing, operating, and enforcing the firearm precursor part authorization program provided for in this section and Section 30452.
(g) The Department of Justice is authorized to adopt regulations to implement this section.

SEC. 11.

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.