AB 538 — Firearms.

Summary

(1) Existing law, subject to specified exceptions, makes it a crime to openly carry an exposed, unloaded handgun outside a vehicle in specified public places. Existing law exempts from this crime, in part, the open carrying of an unloaded handgun at an auction or similar event for a nonprofit public benefit or mutual benefit corporation, if the handgun is to be auctioned or sold for the nonprofit public benefit or mutual benefit corporation, and the handgun is delivered by a person licensed by existing law. This bill would make technical, nonsubstantive changes to these provisions. (2) Existing law, subject to specified exceptions, including use by a member of a club or organization organized for the purpose of practicing shooting at targets upon established target ranges while the members are using handguns upon the target ranges or incident to the use of a firearm that is not a handgun at that target range, makes it a crime for a person to carry an unloaded firearm that is not a handgun outside a vehicle while in an incorporated city or city and county. This bill would clarify that the exception applies to members of a shooting organization while the members are using firearms that are not handguns upon the target ranges and would make additional technical changes. (3) Existing law prohibits a person from selling, leasing, or transferring a firearm unless the person is issued a license. Existing law provides for specified exemptions to that licensing requirement, including the sale, delivery, or transfer of a firearm by a law enforcement agency to a peace officer or retiring peace officer, as specified. This bill would also exempt from the licensing requirement the sale, delivery, or transfer of a firearm if made by an authorized law enforcement representative of a city, county, city and county, or of the state or federal government, to a licensed firearms dealer, a wholesaler, or a licensed manufacturer or importer of firearms or ammunition, if certain specified requirements are met. If the authorized law enforcement representative sells, delivers, or transfers a firearm to a licensed firearms dealer, the bill would require the governmental agency to enter a record of the delivery into the Automated Firearms Systems (AFS) via the California Law Enforcement Telecommunications System (CLETS) within 10 days. (4) Existing law imposes various other restrictions on the sale, delivery, or transfer of firearms. Existing law excludes from those provisions the sale, delivery, or transfer of firearms made to an authorized law enforcement representative of a city, county, city and county, or of the state or federal government for exclusive use by that governmental agency, if certain conditions are met. Existing law provides that within 10 days of the date a firearm is acquired by the agency, a record shall be entered as an institutional weapon into the AFS via the CLETS. This bill would require an agency that subsequently destroys that weapon to enter information that the weapon has been destroyed into the AFS via the CLETS within 10 days of destruction. (5) Existing law provides that when neither party to a firearms transaction holds a dealer's license, the parties to the transaction are required to complete the sale, loan, or transfer of that firearm through a firearms dealer, except as specified. This bill would exclude from those provisions the sale, delivery, or transfer of a firearm if made by an authorized law enforcement representative of a city, county, city and county, or of the state or federal government if certain specified conditions are met, including that the sale, delivery, or transfer is made to a wholesaler, or a licensed manufacturer, or importer of firearms or ammunition. The bill would require the agency to enter a record of the delivery into the AFS via the CLETS within 10 days. (6) Existing law requires the register or record of an electronic or telephonic transfer of a firearm to include specified information, including information on certain waiting period exemptions, including a dealer waiting period exemption, and requires the firearms dealer to record on the register or record the date that the firearm is delivered. A violation of those provisions is a misdemeanor. This bill instead would require the register or record to include any applicable waiting period exemption information. By expanding the scope of a crime, the bill would impose a state-mandated local program. The bill would also require the register or record to include a statement that the Department of Justice shall furnish the purchaser with any information reported to the department relating to the purchaser's ownership of the firearm, that the purchaser is entitled to file a report of his or her acquisition of the firearm, and of instructions for accessing the department's Internet Web site for more information. The bill would require the firearms dealer to record his or her signature indicating delivery of the firearm, and would require the purchaser to sign the register or record on the date that the firearm is delivered to the purchaser. (7) Existing law requires the purchaser of a firearm to present evidence to the dealer of the person's identity and age, and requires the transaction to be recorded by the dealer in a register or record of telephonic or electronic transfer. Existing law requires a dealer, upon request only, to provide a copy of the register or record of the transaction to the purchaser, and, for a private party transaction, requires the dealer, upon request, to provide the seller or purchaser with a copy of the register or record, as specified. This bill instead would require the dealer to provide a copy of those documents to the purchaser at the time of delivery of the firearm after the dealer notes the date of delivery and the dealer's signature indicating delivery of the firearm, and the dealer and purchaser acknowledge the receipt of the firearm. The bill, for private party transactions, would require the dealer to provide a copy of the register or record to the seller at the time that the register or record is signed by the seller. (8) Existing law prohibits a person from purchasing or receiving a handgun, except an antique firearm, without a valid handgun safety certificate, and further prohibits a person from selling, delivering, loaning, or transferring a handgun to a person who does not possess a valid handgun safety certificate, except as specified. This bill would exclude the sale, delivery, or transfer of a firearm by an authorized law enforcement representative of a city, county, city and county, or of the state or federal government if certain conditions are met, including that the sale, delivery, or transfer is made to one of specified persons and entities. (9) The bill would make conforming changes. (10) This bill would incorporate changes to Section 28160 of the Penal Code proposed by SB 683 that would become operative if this bill and SB 683 are both chaptered and this bill is chaptered last. (11) 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 no reimbursement is required by this act for a specified reason.

Bill Text

• Chaptered 10/11/13 - Chaptered Current pdf October 11, 2013
• Enrolled 09/12/13 - Enrolled pdf September 12, 2013
• Amended 08/26/13 - Amended Senate pdf August 26, 2013
• Amended 06/04/13 - Amended Senate pdf June 04, 2013
• Amended 04/29/13 - Amended Assembly pdf April 29, 2013
• Amended 04/17/13 - Amended Assembly pdf April 17, 2013
• Introduced 02/20/13 - Introduced pdf February 20, 2013
• AB538 View text html

Action History

1. October 11, 2013

   Chaptered by Secretary of State - Chapter 738, Statutes of 2013.

2. October 11, 2013

   Approved by the Governor.

3. September 24, 2013

   Enrolled and presented to the Governor at 3 p.m.

4. September 06, 2013

   Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 52. Noes 26. Page 2920.).

5. September 04, 2013

   In Assembly. Concurrence in Senate amendments pending. May be considered on or after September 6 pursuant to Assembly Rule 77.

6. September 03, 2013

   Read third time. Passed. Ordered to the Assembly. (Ayes 22. Noes 14. Page 2107.).

7. August 27, 2013

   Read second time. Ordered to third reading.

8. August 26, 2013

   Read third time and amended. Ordered to second reading.

9. June 25, 2013

   Read second time. Ordered to third reading.

10. June 24, 2013

    From committee: Do pass. (Ayes 5. Noes 2.) (June 24).

11. June 11, 2013

    From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 2.) (June 11). Re-referred to Com. on APPR.

12. June 04, 2013

    From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on PUB. S.

13. May 29, 2013

    Referred to Com. on PUB. S.

14. May 20, 2013

    In Senate. Read first time. To Com. on RLS. for assignment.

15. May 20, 2013

    Read third time. Passed. Ordered to the Senate. (Ayes 50. Noes 23. Page 1513.)

16. May 13, 2013

    Read second time. Ordered to third reading.

17. May 09, 2013

    From committee: Do pass. (Ayes 12. Noes 5.) (May 8).

18. April 30, 2013

    Re-referred to Com. on APPR.

19. April 29, 2013

    Read second time and amended.

20. April 25, 2013

    From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 4. Noes 2.) (April 23).

21. April 18, 2013

    Re-referred to Com. on PUB. S.

22. April 17, 2013

    From committee chair, with author's amendments: Amend, and re-refer to Com. on PUB. S. Read second time and amended.

23. March 04, 2013

    Referred to Com. on PUB. S.

24. February 21, 2013

    From printer. May be heard in committee March 23.

25. February 20, 2013

    Read first time. To print.

Sponsors

• Pan · Primary

Votes

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