From: dfw@netcom.com Subject: Repost of 1995 laws reformatted To: firearms-alert@shell.portal.com Date: Wed, 21 Dec 1994 20:02:54 -0800 (PST) Sorry about the formatting on the previous post. I didn't realize the line were too long until the copy came through. Here is a reformatted copy. Dan dfw@netcom.com ----------------------------------------------------------- I received the following information bulletin from the California Department of Justice today. The Bulletin was sent to all California Firearms Dealers. The bulletin outlines changes in the Calif laws for 1995 and has some very interesting provisions, some of which which I marked. :-( I believe I caught all the scanning errors but if something doesn't look right check with the DoJ. Dan dfw@netcom.com ---------------------- Text follows --------------------- Effective January 1, 1995, the California Penal Code (PC) and Welfare and institutions Code (WIC) will be revised to include amendments to existing code sections and the addition of new sections as a result of the 1994 legislative session. This bulletin only summarizes these changes. For more detailed language, you may contact the Legislative Bill Room Annex at (916) 445-2645 to obtain copies of these bills ( order by statute year and chapter number), or you may refer to the 1995 Dangerous Weapons Control Law booklet which you will receive from us in the near future. SB 1308 (Stats. 1994. ch. 716) (PEACE) ------------------------------------------------ PC 12001(i) revises the definition of "application to purchase" as it relates to completion of the Dealer's Record of Sale (DROS) and Law Enforcement Firearm Transfer (LEFT) forms, to include the loan of firearms. PC 1207l(various) places the same prohibitions and requirements on dealers with respect to loans of firearms, that are required for other sales and transfers of firearms. PC 12071(a) revises the definition of a licensed firearms dealer to include being among those recorded in the centralized dealer list maintained by the Department of Justice. Entry into the centralized list requires the dealer to be in possession of the following: 1) a Federal Firearms License (FFL); 2) a valid seller's permit issued by the State Board of Equalization; 3) any regulatory or business license(s) required by local government; and 4) a Certificate of Eligibility issued by the Department of Justice as provided in PC 12071(e). PC 12071(b)(6) places additional requirements on licensed dealers, such as requiring compliance with the DROS provisions in PC 12076, and prohibiting the sale of ammunition or reloaded ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^ ammunition to any person under the age of 18, as provided in ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^ new PC Section 12316. The dealer's license is subject to forfeiture for failure to comply with these additional prohibitions and requirements. PC 12071(b)(17) requires licensed dealers to maintain federal and state firearm transaction records and make them available for inspection to any peace officer, authorized local law enforcement employee, or designated Department of Justice employee during normal business hours. PC 12071(b)(18) provides an exemption to the DROS requirement when a licensed dealer acquires a handgun from a federally licensed wholesaler, manufacturer or importer, or an out-of-state FFL holder. The exemption also applies to a dealer to dealer transaction when the handgun is not intended as merchandise; when a dealer is transferring a handgun from his inventory to himself or herself and not intended as merchandise; or if the receiving dealer is also licensed as a second-hand dealer. PC 12071(c)(l) revises the definition of "clear evidence of identity and age" as it relates to completion of the DROS form to mean either a valid California driver's icense, or a valid California identification card issued by the Department of Motor Vehicles. PC 12071(e) requires the Department to keep a centralized list of all licensed dealers, and authorizes the Department to remove any dealer from the list who knowingly and with gross negligence violates any prohibitions or requirements. Upon removing a dealer from the centralized list, the Department must notify local law enforcement and licensing authorities in the jurisdiction where the dealer's business is located. PC 12071(f) allows the Department to assess dealers an annual fee, not to exceed $85, to cover the cost of maintaining the centralized list of dealers as provided in PC 12071(e), and for inspecting dealer transaction records as provided in PC 12071(17). Dealers whose place of business is in a jurisdiction that has adopted an inspection program to ensure compliance with firearms laws will be exempt from the portion of the $85 fee that relates to the cost of inspections. PC 12071(g) requires the Department to maintain information concerning the number of inspections conducted and the amount of fees collected, a listing of inspection exempt jurisdictions, and the number of dealers removed from the centralized dealer list, and to make this information available upon request. PC 12072(a)(1) revises the penalty for any person to knowingly supply, deliver, sell, or give possession or control of a firearm to a person who is prohibited from possessing firearms, to a straight felony. PC 12072(a)(2) revises the penalty for any person to supply, deliver, sell, or give possession or control of a firearm to any person whom he or she has cause to believe is prohibited from possessing firearms, to a misdemeanor. PC 12072(a)(3) prohibits any person, corporation, or firm from selling, loaning, or transferring any firearms to a minor, except under specified circumstances as provided in PC 12078(p) and 12021. To do so constitutes a misdemeanor violation of the law. PC 12072(a)(4) prohibits any person or dealer from selling, loaning, or transferring any firearm to any person whom he or she has cause to believe is not the intended recipient. To do so constitutes a misdemeanor violation of the law. PC 12072(d) adds loans of firearms to the provision requiring ^^^^^^^^^ private individuals to process sales and transfers of firearms ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^ through a licensed dealer or law enforcement agency. ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^ PC 12072(f) requires wholesalers, manufacturers, and importers to verify the license status of an individual prior to shipping or transferring firearms by one of two methods: 1) The dealer may provide evidence of licensure or provide proof of exemption from licensure to the wholesaler, manufacturer or importer; or 2) these entities may contact the Department to verify the licensed status as provided in PC 12071(e). PC 12072(g)(3) provides for a variety of alternate felony/misdemeanor violations involving certain sales and transfers of firearms. PC 12076(b)(3),(4) requires dealers to provide a photocopy of the DROS to the purchaser. If the transaction is being conducted between private parties, a photocopy must also be provided to the seller. PC 12078(c)(2) requires individuals who receive a handgun from a member of the same immediate family to obtain a Basic Firearm Safety Certificate prior to taking possession, and submit a record of the transaction via the "Notice of Voluntary ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^ Firearm Registration" form to the Department within 30 days ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^ of taking possession. PC 12078(p) provides the circumstances under which a minor may be loaned firearms without processing the transaction through a licensed dealer, and includes the following: Loans or transfers by a parent. legal guardian. or grandparent ---------------------------------------------------------------- - a long gun may be loaned or transferred to a minor for an indefinite period. - a handgun may be loaned to a minor for the purpose of engaging in a lawful recreational, sporting, or theatrical or entertainment event and the duration of the loan does not ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^ exceed the amount of time necessary to participate in the activity. ^^^^^^^^^ ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^ Loans by other than a parent or legal guardian ------------------------------------------------- - a long gun may be loaned to a minor with the express permission of a parent or legal guardian if the loan does not exceed 30 days and is for a lawful purpose. ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^ - a handgun may be loaned to a minor with written consent of a parent or legal guardian and the minor is accompanied by such a person when the loan is made; it is for the purpose of engaging in a lawful recreational, sporting, theatrical, or entertainment event; and the duration of the loan does not exceed the amount of time necessary to participate in the activity, but not more than 10 days. ^^^^^^^^^^^^^^^^^^^^^^ PC 12078(9) provides an exemption to the requirement for private parties to process loans through a licensed dealer if the loan is a long gun and is made to a licensed hunter for a period of time not to exceed the hunting season for which the ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^ firearm is used. ^^^^^^^^^^^^^^^^ PC 12078(r) provides an exemption to the DROS 15-day waiting period for holders of dangerous weapons permits issued by the Department. PC 12078(s) provides an exemption to the requirement for private parties to process loans of firearms through a licensed dealer if the loan is for use solely as a prop for an entertainment or theatrical event and the firearm is loaded with blank cartridges. PC 12552(a) provides a misdemeanor penalty for furnishing any BB device to a minor without the express or implied permission of the parent or legal guardian. AB 482 (Stats. 1994. ch. 23) (PEACE) ---------------------------------------------- PC 12073(b)(6) provides an exemption to the requirement for a dealer to complete a DROS for the loan of firearms when the loan is made by a dealer who also operates a target facility organized For the purpose: of shooting at targets. AB 2470 (Stats. 1994. ch. 451) (RAINEY) -------------------------------------------------- PC 12021(c)(l) adds PC 12023 (armed criminal action), Welfare and Institutions Code (WIC) 8101 (providing firearm or deadly weapon to a person described in WIC 8100 or 8103), and PC 12072(g)(3) (various violations involving sales and transfers of firearms) to the list of 10-year firearm prohibition offenses. AB 2449 (Stats. 1994, ch. 714) (ALPERT) --------------------------------------------------- PC 12316(a) provides that any person who sells ammunition or reloaded ammunition to a minor is guilty of a misdemeanor. PC 12316(b) provides that possession of ammunition by any person who is ineligible to possess firearms is guilty of a misdemeanor. AB 3499 (Stats. 1994. ch. 717) (O'CONNELL) -------------------------------------------------------- PC 12101(a)(C) requires a minor to be at least 16 years of ^^^^^^^^^^^^^^^^^^^^ age to possess a handgun while engaged in specified ^^^^^^^^^^^^^^^^^^^^^^^^^ lawful activities. AB 560 (Stats. 1994. ch. 560) (PEACE) ------------------------------------------------ WIC 707(b) adds the following to the list of juvenile offenses which prohibit Firearm possession until age 30: - arson, as provided in subdivision (a) or (b) of Section 451 of the Penal Code; - attempted murder; - kidnapping, as punishable in Section 209.5 of the Penal Code; - kidnapping, as punishable in subdivision (d) of Section 208 of the Penal Code; - the offense described in subdivision (c) of Section 12034 of the Penal Code; and - the offense described in Section 12308 of the Penal Code. ***** [Dealer ordering information deleted, form not reproducible] ***** Please direct any questions regarding these laws to the Firearms Program at (916) 227-3703 Sincerely, DANIEL E. LUNGREN Attorney General [signed] RANDY ROSSI, Acting Chief Bureau of Criminal Information and Analysis