BILL NUMBER: AB 334	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Levine

                        FEBRUARY 13, 2007

   An act to amend Section 12001 of, and to add Section 12043 to, the
Penal Code, relating to firearms.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 334, as introduced, Levine. Firearms: loss and theft.
   Existing law defines "firearm" and provides that for certain
purposes, including certain offenses, "firearm" includes the frame or
receiver of the weapon.
   This bill would provide that the term "firearm" also includes the
frame or receiver of the weapon for purposes of the offense of
failure to report a stolen or lost firearm.
   Existing law generally regulates the possession of firearms.
   This bill would make it an infraction for any person whose handgun
is stolen or irretrievably lost to, within 5 working days after his
or her discovery or knowledge of, or within 5 working days after the
date he or she should reasonably have known of, the theft or loss,
fail to report the theft or loss to a local law enforcement agency of
the jurisdiction in which the theft or loss occurred or in which the
person resides. The bill would require specified notices of this
requirement to persons acquiring handguns after July 1, 2008, as
specified. The bill would provide that local governments are not
prohibited from enacting ordinances imposing reporting requirements
that are more strict than those specified in the bill. The bill would
require the Attorney General, in cooperation with law enforcement
agencies and firearms-related organizations to develop a protocol for
the implementation of these provisions, as specified, on or before
April 1, 2008.
   By creating a new crime, 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 no reimbursement is required by this
act for a specified reason.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 12001 of the Penal Code is amended to read:
   12001.  (a) (1) As used in this title, the terms "pistol,"
"revolver," and "firearm capable of being concealed upon the person"
shall apply to and include any device designed to be used as a
weapon, from which is expelled a projectile by the force of any
explosion, or other form of combustion, and that has a barrel less
than 16 inches in length. These terms also include any device that
has a barrel 16 inches or more in length which is designed to be
interchanged with a barrel less than 16 inches in length.
   (2) As used in this title, the term "handgun" means any "pistol,"
"revolver," or "firearm capable of being concealed upon the person."
   (b) As used in this title, "firearm" means any device, designed to
be used as a weapon, from which is expelled through a barrel, a
projectile by the force of any explosion or other form of combustion.

   (c) As used in Sections 12021, 12021.1,  12043,  12070,
12071, 12072, 12073, 12078, 12101, and 12801 of this code, and
Sections 8100, 8101, and 8103 of the Welfare and Institutions Code,
the term "firearm" includes the frame or receiver of the weapon.
   (d) For the purposes of Sections 12025 and 12031, the term
"firearm" also shall include any rocket, rocket propelled projectile
launcher, or similar device containing any explosive or incendiary
material whether or not the device is designed for emergency or
distress signaling purposes.
   (e) For purposes of Sections  12043,  12070, 12071, and
paragraph (8) of subdivision (a), and subdivisions (b), (c), (d), and
(f) of Section 12072, the term "firearm" does not include an
unloaded firearm that is defined as an "antique firearm" in Section
921(a)(16) of Title 18 of the United States Code.
   (f) Nothing shall prevent a device defined as a "handgun,"
"pistol," "revolver," or "firearm capable of being concealed upon the
person" from also being found to be a short-barreled shotgun or a
short-barreled rifle, as defined in Section 12020.
   (g) For purposes of Sections 12551 and 12552, the term "BB device"
means any instrument that expels a projectile, such as a BB or a
pellet, not exceeding 6mm caliber, through the force of air pressure,
gas pressure, or spring action, or any spot marker gun.
   (h) As used in this title, "wholesaler" means any person who is
licensed as a dealer pursuant to Chapter 44 (commencing with Section
921) of Title 18 of the United States Code and the regulations issued
pursuant thereto who sells, transfers, or assigns firearms, or parts
of firearms, to persons who are licensed as manufacturers,
importers, or gunsmiths pursuant to Chapter 44 (commencing with
Section 921) of Title 18 of the United States Code, or persons
licensed pursuant to Section 12071, and includes persons who receive
finished parts of firearms and assemble them into completed or
partially completed firearms in furtherance of that purpose.
   "Wholesaler" shall not include a manufacturer, importer, or
gunsmith who is licensed to engage in those activities pursuant to
Chapter 44 (commencing with Section 921) of Title 18 of the United
States Code or a person licensed pursuant to Section 12071 and the
regulations issued pursuant thereto. A wholesaler also does not
include those persons dealing exclusively in grips, stocks, and other
parts of firearms that are not frames or receivers thereof.
   (i) As used in Section 12071 or 12072, "application to purchase"
means any of the following:
   (1) The initial completion of the register by the purchaser,
transferee, or person being loaned the firearm as required by
subdivision (b) of Section 12076.
   (2) The initial completion and transmission to the department of
the record of electronic or telephonic transfer by the dealer on the
purchaser, transferee, or person being loaned the firearm as required
by subdivision (c) of Section 12076.
   (j) For purposes of Section 12023, a firearm shall be deemed to be
"loaded" whenever both the firearm and the unexpended ammunition
capable of being discharged from the firearm are in the immediate
possession of the same person.
   (k) For purposes of Sections 12021, 12021.1, 12025, 12070, 12072,
12073, 12078, 12101, and 12801 of this code, and Sections 8100, 8101,
and 8103 of the Welfare and Institutions Code, notwithstanding the
fact that the term "any firearm" may be used in those sections, each
firearm or the frame or receiver of the same shall constitute a
distinct and separate offense under those sections.
   () For purposes of Section 12020, a violation of that section as
to each firearm, weapon, or device enumerated therein shall
constitute a distinct and separate offense.
   (m) Each application that requires any firearms eligibility
determination involving the issuance of any license, permit, or
certificate pursuant to this title shall include two copies of the
applicant's fingerprints on forms prescribed by the Department of
Justice. One copy of the fingerprints may be submitted to the United
States Federal Bureau of Investigation.
   (n) As used in this chapter, a "personal handgun importer" means
an individual who meets all of the following criteria:
   (1) He or she is not a person licensed pursuant to Section 12071.
   (2) He or she is not a licensed manufacturer of firearms pursuant
to Chapter 44 (commencing with Section 921) of Title 18 of the United
States Code.
   (3) He or she is not a licensed importer of firearms pursuant to
Chapter 44 (commencing with Section 921) of Title 18 of the United
States Code and the regulations issued pursuant thereto.
   (4) He or she is the owner of a  pistol, revolver, or
other firearm capable of being concealed upon the person 
 handgun  .
   (5) He or she acquired that  pistol, revolver, or other
firearm capable of being concealed upon the person  
handgun  outside of California.
   (6) He or she moves into this state on or after January 1, 1998,
as a resident of this state.
   (7) He or she intends to possess that  pistol, revolver,
or other firearm capable of being concealed upon the person 
 handgun  within this state on or after January 1, 1998.
   (8) The  pistol, revolver, or other firearm capable of
being concealed upon the person   handgun  was not
delivered to him or her by a person licensed pursuant to Section
12071 who delivered that firearm following the procedures set forth
in Section 12071 and subdivision (c) of Section 12072.
   (9) He or she, while a resident of this state, had not previously
reported his or her ownership of that  pistol, revolver, or
other firearm capable of being concealed upon the person 
 handgun  to the Department of Justice in a manner
prescribed by the department that included information concerning him
or her and a description of the firearm.
   (10) The  pistol, revolver, or other firearm capable of
being concealed upon the person   handgun  is not a
firearm that is prohibited by subdivision (a) of Section 12020.
   (11) The  pistol, revolver, or other firearm capable of
being concealed upon the person   handgun  is not
an assault weapon, as defined in Section 12276 or 12276.1.
   (12) The  pistol, revolver, or other firearm capable of
being concealed upon the person   handgun  is not a
machinegun, as defined in Section 12200.
   (13) The person is 18 years of age or older.
   (o) For purposes of paragraph (6) of subdivision (n):
   (1) Except as provided in paragraph (2), residency shall be
determined in the same manner as is the case for establishing
residency pursuant to Section 12505 of the Vehicle Code.
   (2) In the case of members of the Armed Forces of the United
States, residency shall be deemed to be established when he or she
was discharged from active service in this state.
   (p) As used in this code, "basic firearms safety certificate"
means a certificate issued by the Department of Justice pursuant to
Article 8 (commencing with Section 12800) of Chapter 6 of Title 2 of
Part 4, prior to January 1, 2003.
   (q) As used in this code, "handgun safety certificate" means a
certificate issued by the Department of Justice pursuant to Article 8
(commencing with Section 12800) of Chapter 6 of Title 2 of Part 4,
as that article is operative on or after January 1, 2003.
   (r) As used in this title, "gunsmith" means any person who is
licensed as a dealer pursuant to Chapter 44 (commencing with Section
921) of Title 18 of the United States Code and the regulations issued
pursuant thereto, who is engaged primarily in the business of
repairing firearms, or making or fitting special barrels, stocks, or
trigger mechanisms to firearms, or the agent or employee of that
person.
  SEC. 2.  Section 12043 is added to the Penal Code, to read:
   12043.  (a) Any person who acquires or reacquires ownership of a
handgun, or who reports his or her ownership of a handgun to the
Department of Justice on or after July 1, 2008, and thereafter the
handgun is stolen or irretrievably lost, shall, within five working
days after his or her discovery or knowledge of, or within five
working days after the date he or she should reasonably have known
of, the theft or loss, report the theft or loss to a local law
enforcement agency of the jurisdiction in which the theft or loss
occurred or in which the person resides.
   (b) Any person who violates subdivision (a) is guilty of an
infraction punishable as follows:
   (1) For a first violation of this section, by a fine not to exceed
one hundred dollars ($100).
   (2) For a second or subsequent violation of this section, by a
fine not to exceed two hundred fifty dollars ($250).
   (c) Any person who complies with subdivision (a) shall be immune
from any civil liability for the illicit use or possession of the
firearm occurring after the theft or loss. This subdivision shall not
apply if the person had prior knowledge of the misconduct or was
negligent with respect to the theft or loss of the firearm.
   (d) No charge may be imposed for submitting a report pursuant to
this section.
   (e) The Department of Justice shall, in promulgating forms and
reports pursuant to any provision of law that requires or allows a
person to report his or her ownership of a handgun to the department,
include information indicating the reporting requirements of this
section.
   (f) Commencing July 1, 2008, the licensee shall, at the time of
delivering a handgun to a person acquiring ownership or to a person
complying with the requirements of paragraph (2) of subdivision (f)
of Section 12072, provide the person with a written notice of the
requirements of this section in a format prescribed by the
department. The licensee shall sign and date an affidavit in
duplicate stating that the person receiving the handgun has been
given the notice. The licensee shall additionally obtain the
signature of the person receiving the handgun on the same affidavit.
The licensee shall retain the original affidavit and provide the
duplicate to the person receiving the handgun.
   (g) Nothing in this section shall be construed to preempt an
existing ordinance or to prevent a local government from enacting an
ordinance, that imposes reporting requirements that are more strict
than those specified in subdivision (a).
   (h) Compliance with this section does not require that a person
reporting a lost or stolen handgun report the make, model, and serial
number of the handgun.
   (i) The Attorney General, in cooperation with those law
enforcement agencies and firearms-related organizations as may choose
to do so, shall develop a protocol for the implementation of the
provisions of this section. The protocol shall be completed on or
before April 1, 2008.
   (j) The provisions of this section are cumulative and shall not be
construed as restricting the application of any other law. However,
an act or omission punishable in different ways by this section and
different provisions of this code shall not be punished under more
than one provision.
  SEC. 3.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.