California 2019-2020 Regular Session Status: Enacted

SB 376 — Firearms: transfers.

Last action — Chaptered by Secretary of State. Chapter 738, Statutes of 2019.

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed Assembly
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced February 20, 2019. Enacted.

Prognosis

Likely to advance 70% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 8 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

Existing law generally requires any person who sells, leases, or transfers firearms to be a licensed dealer, as specified. Existing law exempts infrequent sales, leases, and transfers from this requirement. Existing law generally prohibits the purchase or receipt of a firearm by, or sale, transfer, or loan of a firearm, to, a person who does not have a firearm safety certificate. Existing law exempts from this requirement, the infrequent loan of a firearm. Existing law defines "infrequent" for purposes of this exemption to mean less than 6 handgun transactions per calendar year, or, for firearms other than handguns, an indefinite number of transactions that are "occasional and without regularity." This bill would redefine "infrequent" to mean less than 6 firearm transactions per calendar year, regardless of the type of firearm, and no more than 50 total firearms within those transactions. Existing law exempts from the dealer requirement, the transfer of a firearm by bequest or intestate succession, or to a surviving spouse. This bill would extend that exemption to the transfer of a firearm to a trust beneficiary, as specified. This bill would also exempt from the requirement specified transfers made by a formerly licensed dealer that is ceasing operations, transfers made to a specified government entity as part of a "gun-buyback" program, and transfers made by a person prohibited from possessing a firearm to a dealer for the purpose of storing that firearm. Existing law provides certain exemptions to prohibitions on openly carrying a firearm, storage of firearms, dealer processing requirements, and off-premises transactions by a licensed dealer, for specified charity auctions and similar events. This bill would clarify that these exemptions also apply to charity raffles. This bill would also remove the limitation on the number of firearm transactions allowed by a charity auction and instead require all firearms sold or otherwise transferred by auction or raffle to be delivered to a licensed dealer for delivery to the recipient. Existing law requires a person manufacturing 100 or more firearms each year in the state to be licensed as a manufacturer. This bill would instead require anybody manufacturing 50 or more firearms to be licensed. Existing law requires a licensed dealer processing the transfer of a firearm to hold the firearm for a designated waiting period before releasing the firearm. Existing law exempts certain firearms transactions that occur as part of a charitable auction, as specified, from this waiting period. This bill would repeal the waiting period exemption for charitable auctions. This bill also makes technical and conforming changes and changes that are declaratory of existing law. A violation of various provisions involving the transfer, manufacture, and carrying of firearms is a crime. By changing the scope of these offenses, this bill would impose a state-mandated local program. This bill would make conforming changes to Section 11108.2 of the Penal Code that would be operative only if AB 1669 becomes operative. This bill would make changes to Section 26556 of the Penal Code that would be operative only if AB 1009 becomes operative. This bill would incorporate additional changes to Sections 27966 and 28230 of the Penal Code proposed by AB 1009 to be operative only if this bill and AB 1009 are enacted and this bill is enacted last. 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

Action History

  1. Chaptered by Secretary of State. Chapter 738, Statutes of 2019.

  2. Approved by the Governor.

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

  4. Assembly amendments concurred in. (Ayes 27. Noes 12. Page 2843.) Ordered to engrossing and enrolling.

  5. In Senate. Concurrence in Assembly amendments pending.

  6. Read third time. Passed. (Ayes 57. Noes 19. Page 3267.) Ordered to the Senate.

  7. Ordered to third reading.

  8. Read third time and amended.

  9. Read second time. Ordered to third reading.

  10. From committee: Do pass. (Ayes 14. Noes 4.) (August 30).

  11. August 14 set for first hearing. Placed on APPR. suspense file.

  12. From committee: Do pass and re-refer to Com. on APPR. (Ayes 7. Noes 1.) (July 9). Re-referred to Com. on APPR.

  13. June 25 hearing postponed by committee.

  14. From committee with author's amendments. Read second time and amended. Re-referred to Com. on PUB. S.

  15. Referred to Com. on PUB. S.

  16. In Assembly. Read first time. Held at Desk.

  17. Read third time. Passed. (Ayes 26. Noes 9. Page 1251.) Ordered to the Assembly.

  18. Read second time. Ordered to third reading.

  19. Read second time and amended. Ordered to second reading.

  20. From committee: Do pass as amended. (Ayes 4. Noes 2. Page 1098.) (May 16).

  21. Set for hearing May 16.

  22. April 22 hearing: Placed on APPR. suspense file.

  23. Set for hearing April 22.

  24. From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 1. Page 526.) (April 2). Re-referred to Com. on APPR.

  25. From committee with author's amendments. Read second time and amended. Re-referred to Com. on PUB. S.

  26. Set for hearing April 2.

  27. Referred to Com. on PUB. S.

  28. From printer. May be acted upon on or after March 23.

  29. Introduced. Read first time. To Com. on RLS. for assignment. To print.

Sponsors

  • Portantino · Primary

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 0 co-sponsors · 121 not signed on · 10 voted No

Sponsors (1)

  • Portantino

Co-sponsors (0)

None.

Not signed on (121)

121 members have not signed on to this bill.

Show all 121 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Unfinished Business SB376 Portantino Concurrence

Passed 27 Yea · 12 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 18900
Democratic 9001
Republican 0300
Total 271201
% of votes cast 68%30%0%3%
How each member voted (40)
Member Party Vote
Rubio — Yea
Monning — Yea
Wieckowski — Yea
Mitchell — Yea
Bradford — Yea
Beall — Yea
Atkins — Yea
Hill — Yea
Hueso — Yea
Leyva — Yea
Dodd — Yea
Skinner — Yea
Allen — Yea
Galgiani — Yea
Hertzberg — Yea
Portantino — Yea
Glazer — Yea
Pan — Yea
Moorlach — Nay
Borgeas — Nay
Bates — Nay
Roth — Nay
Morrell — Nay
Nielsen — Nay
Wilk — Nay
Chang — Nay
Mark Stone — Nay
Archuleta, Bob Democratic Yea
Caballero, Anna M. Democratic Yea
Durazo, Maria Elena Democratic Yea
Gonzalez, Lena A. Democratic Yea
Hurtado, Melissa Democratic Not Voting
Jackson, Corey A. Democratic Yea
McGuire, Mike Democratic Yea
Stern, Henry I. Democratic Yea
Umberg, Thomas J. Democratic Yea
Wiener, Scott D. Democratic Yea
Dahle, Megan Republican Nay
Grove, Shannon Republican Nay
Jones, Brian W. Republican Nay

Official roll call →

SB 376 Portantino Senate Third Reading By Bauer-Kahan

Passed 57 Yea · 19 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 351403
Democratic 22000
Republican 0500
Total 571903
% of votes cast 72%24%0%4%
How each member voted (79)
Member Party Vote
Smith — Yea
Gonzalez — Yea
Diep — Yea
Chau — Yea
Gloria — Yea
Bloom — Yea
Santiago — Yea
Chiu — Yea
Gray — Yea
Holden — Yea
Daly — Yea
Eggman — Yea
Maienschein — Yea
Jones-Sawyer — Yea
Quirk — Yea
Mullin — Yea
Friedman — Yea
Ting — Yea
Kamlager-Dove — Yea
Levine — Yea
McCarty — Yea
Low — Yea
Nazarian — Yea
Burke — Yea
Wood — Yea
Medina — Yea
Rendon — Yea
Chu — Yea
O'Donnell — Yea
Weber — Yea
Salas — Nay
Fong — Nay
Brough — Nay
Kiley — Nay
Mayes — Nay
Mathis — Nay
Frazier — Nay
Bigelow — Nay
Cunningham — Nay
Voepel — Nay
Obernolte — Nay
Melendez — Nay
Waldron — Nay
Cooper — Not Voting
Cooley — Not Voting
Rodriguez — Not Voting
Cristina Garcia — Yea
Eduardo Garcia — Yea
Jim Patterson — Nay
Luz Rivas — Yea
Mark Stone — Yea
Wendy Carrillo — Yea
Aguiar-Curry, Cecilia M. Democratic Yea
Arambula, Joaquin Democratic Yea
Bauer-Kahan, Rebecca Democratic Yea
Berman, Marc Democratic Yea
Boerner, Tasha Democratic Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Cervantes, Sabrina Democratic Yea
Gabriel, Jesse Democratic Yea
Gipson, Mike A. Democratic Yea
Grayson, Timothy S. Democratic Yea
Irwin, Jacqui Democratic Yea
Kalra, Ash Democratic Yea
Limón, Monique Democratic Yea
Muratsuchi, Al Democratic Yea
Petrie-Norris, Cottie Democratic Yea
Quirk-Silva, Sharon Democratic Yea
Ramos, James C. Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Rivas, Robert Democratic Yea
Rubio, Blanca E. Democratic Yea
Wicks, Buffy Democratic Yea
Chen, Phillip Republican Nay
Choi, Steven S. Republican Nay
Flora, Heath Republican Nay
Gallagher, James Republican Nay
Lackey, Tom Republican Nay

Official roll call →

Do pass.

Passed 14 Yea · 4 Nay
Party YeaNayPresentNot Voting
Democratic 5000
Unaffiliated 9400
Total 14400
% of votes cast 78%22%0%0%
How each member voted (18)
Member Party Vote
Bloom — Yea
Maienschein — Yea
Quirk — Yea
Eggman — Yea
Gonzalez — Yea
Diep — Yea
Chau — Yea
Fong — Nay
Brough — Nay
Obernolte — Nay
Bigelow — Nay
Eduardo Garcia — Yea
Wendy Carrillo — Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Gabriel, Jesse Democratic Yea
Petrie-Norris, Cottie Democratic Yea
Rivas, Robert Democratic Yea

Official roll call →

3rd Reading

Passed 26 Yea · 9 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 18702
Democratic 8001
Republican 0200
Total 26903
% of votes cast 68%24%0%8%
How each member voted (38)
Member Party Vote
Rubio — Yea
Monning — Yea
Wieckowski — Yea
Mitchell — Yea
Bradford — Yea
Beall — Yea
Atkins — Yea
Hill — Yea
Hueso — Yea
Leyva — Yea
Dodd — Yea
Skinner — Yea
Allen — Yea
Galgiani — Yea
Hertzberg — Yea
Portantino — Yea
Glazer — Yea
Pan — Yea
Moorlach — Nay
Borgeas — Nay
Bates — Nay
Morrell — Nay
Nielsen — Nay
Wilk — Nay
Chang — Not Voting
Roth — Not Voting
Mark Stone — Nay
Archuleta, Bob Democratic Yea
Caballero, Anna M. Democratic Yea
Durazo, Maria Elena Democratic Yea
Hurtado, Melissa Democratic Not Voting
Jackson, Corey A. Democratic Yea
McGuire, Mike Democratic Yea
Stern, Henry I. Democratic Yea
Umberg, Thomas J. Democratic Yea
Wiener, Scott D. Democratic Yea
Grove, Shannon Republican Nay
Jones, Brian W. Republican Nay

Official roll call →

Do pass as amended

Passed 4 Yea · 2 Nay
Party YeaNayPresentNot Voting
Unaffiliated 4100
Republican 0100
Total 4200
% of votes cast 67%33%0%0%
How each member voted (6)
Member Party Vote
Hill — Yea
Bradford — Yea
Portantino — Yea
Wieckowski — Yea
Bates — Nay
Jones, Brian W. Republican Nay

Official roll call →

Placed on suspense file

Passed 6 Yea · 0 Nay
Party YeaNayPresentNot Voting
Republican 1000
Unaffiliated 5000
Total 6000
% of votes cast 100%0%0%0%
How each member voted (6)
Member Party Vote
Wieckowski — Yea
Portantino — Yea
Bates — Yea
Hill — Yea
Bradford — Yea
Jones, Brian W. Republican Yea

Official roll call →

Subjects

public-safety
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Frequently asked questions

What does SB 376 do?
Existing law generally requires any person who sells, leases, or transfers firearms to be a licensed dealer, as specified. Existing law exempts infrequent sales, leases, and transfers from this requirement. Existing law generally prohibits the purchase or receipt of a firearm by, or sale, transfer, or loan of a firearm, to, a person who does not have a firearm safety certificate. Existing law exempts from this requirement, the infrequent loan of a firearm. Existing law defines "infrequent" for purposes of this exemption to mean less than 6 handgun transactions per calendar year, or, for firearms other than handguns, an indefinite number of transactions that are "occasional and without regularity." This bill would redefine "infrequent" to mean less than 6 firearm transactions per calendar year, regardless of the type of firearm, and no more than 50 total firearms within those transactions. Existing law exempts from the dealer requirement, the transfer of a firearm by bequest or intestate succession, or to a surviving spouse. This bill would extend that exemption to the transfer of a firearm to a trust beneficiary, as specified. This bill would also exempt from the requirement specified transfers made by a formerly licensed dealer that is ceasing operations, transfers made to a specified government entity as part of a "gun-buyback" program, and transfers made by a person prohibited from possessing a firearm to a dealer for the purpose of storing that firearm. Existing law provides certain exemptions to prohibitions on openly carrying a firearm, storage of firearms, dealer processing requirements, and off-premises transactions by a licensed dealer, for specified charity auctions and similar events. This bill would clarify that these exemptions also apply to charity raffles. This bill would also remove the limitation on the number of firearm transactions allowed by a charity auction and instead require all firearms sold or otherwise transferred by auction or raffle to be delivered to a licensed dealer for delivery to the recipient. Existing law requires a person manufacturing 100 or more firearms each year in the state to be licensed as a manufacturer. This bill would instead require anybody manufacturing 50 or more firearms to be licensed. Existing law requires a licensed dealer processing the transfer of a firearm to hold the firearm for a designated waiting period before releasing the firearm. Existing law exempts certain firearms transactions that occur as part of a charitable auction, as specified, from this waiting period. This bill would repeal the waiting period exemption for charitable auctions. This bill also makes technical and conforming changes and changes that are declaratory of existing law. A violation of various provisions involving the transfer, manufacture, and carrying of firearms is a crime. By changing the scope of these offenses, this bill would impose a state-mandated local program. This bill would make conforming changes to Section 11108.2 of the Penal Code that would be operative only if AB 1669 becomes operative. This bill would make changes to Section 26556 of the Penal Code that would be operative only if AB 1009 becomes operative. This bill would incorporate additional changes to Sections 27966 and 28230 of the Penal Code proposed by AB 1009 to be operative only if this bill and AB 1009 are enacted and this bill is enacted last. 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.
Who sponsors SB 376?
SB 376 is sponsored by Portantino.
What is the current status of SB 376?
This bill has been enacted into law. Introduced February 20, 2019. Enacted.
Where can I track SB 376?
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