BILL NUMBER: SB 1567	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 16, 2012

INTRODUCED BY   Senator La Malfa

                        FEBRUARY 24, 2012

   An act to  amend Sections 26150, 26155, 26185, 26950, 27535,
and 28220 of, and to  add Sections 26975 and 27652 to  ,
 the Penal Code, relating to firearms.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1567, as amended, La Malfa. Firearms: waiting period:
exemptions. 
   Existing law generally prohibits the carrying of a concealed
firearm without a license. Existing law permits a sheriff or head of
a municipal police department to issue a license to a person who
submits an application to carry a concealed firearm upon proof of
certain factors, including that the applicant is of good moral
character, that good cause exists for the issuance of the license,
and certain residency requirements are met.  
   This bill would also require proof that the individual is not
prohibited by state or federal law from possessing, receiving,
owning, or purchasing a firearm. By requiring sheriffs and municipal
police departments to perform additional duties, the bill would
impose a state-mandated local program.  
   Existing law requires the fingerprints of an applicant for a
concealed firearm license to be sent to the Department of Justice and
requires the department, upon receipt of the fingerprints and a
prescribed fee, to furnish the licensing authority with a report of
all data and information pertaining to any applicant of which there
is a record in its office, including information as to whether the
person is prohibited by state or federal law from possessing,
receiving, owning, or purchasing a firearm.  
   This bill would require the department, upon receipt of the
fingerprints and fee and upon an application for renewal of a
license, to conduct an investigation that includes a report from the
National Instant Criminal Background Check System to ensure that the
applicant is not prohibited by state or federal law from possessing,
receiving, owning, or purchasing a firearm. 
   Existing law prohibits a dealer from delivering a firearm to a
person within  10-days   10 days  of an
application to purchase, within 10 days of the submission to the
Department of Justice of any correction to the application, or within
 10-days   10 days  of the submission to
the department of a firearm purchaser fee, whichever is later.
Existing law provides that this 10-day waiting period does not apply
to the sale, delivery, or transfer of firearms to a full-time paid
peace officer who is authorized to carry firearms while in the
performance of duties, or to a dealer who delivers a firearm, other
than a handgun, at an auction or similar event, among other
exceptions. 
   Existing law generally prohibits the carrying of concealed
firearms without a license. Existing law permits a sheriff or head of
a municipal police department to issue a license to a person who
submits an application to carry a concealed firearm upon proof that
the applicant is of a good moral character, that good cause exists
for the issuance of the license, and certain residency requirements
are met. 
   This bill would provide that the 10-day waiting period does not
apply to the sale, delivery, or transfer of firearms to any person
who is authorized to carry a weapon in a concealed manner pursuant to
the above provisions  , or to the sale, delivery, or  
transfer of firearms for personal use to a peace officer or retired
peace officer, as specified, who is authorized to carry a concealed
weapon  . 
   Existing law requires the Department of Justice, upon submission
of firearm purchaser information by a firearms dealer, to examine
records to determine whether the purchaser is prohibited by state or
federal law from possessing, receiving, owning, or purchasing a
firearm.  
   This bill would require the department to respond to the dealer
within 24 hours with a hold status if the available information
indicates that further investigation is required to determine whether
the individual is approved or prohibited. The bill would require the
department to respond to a dealer who has received a hold status
with either an approved or prohibited status immediately upon
completion of the department's investigation, and would prohibit a
dealer from releasing a firearm until the dealer has received an
approved status for the purchaser from the department.  
   This bill would make conforming changes.  
   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 these
statutory provisions. 
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program:  no   yes  .


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

   SECTION 1.    Section 26150 of the   Penal
Code   is amended to read: 
   26150.  (a) When a person applies for a license to carry a pistol,
revolver, or other firearm capable of being concealed upon the
person, the sheriff of a county may issue a license to that person
upon proof of all of the following:
   (1) The applicant is of good moral character.
   (2) Good cause exists for issuance of the license.
   (3) The applicant is a resident of the county or a city within the
county, or the applicant's principal place of employment or business
is in the county or a city within the county and the applicant
spends a substantial period of time in that place of employment or
business.
   (4) The applicant has completed a course of training as described
in Section 26165. 
   (5) The applicant is not prohibited by state or federal law from
possessing, receiving, owning, or purchasing a firearm. 
   (b) The sheriff may issue a license under subdivision (a) in
either of the following formats:
   (1) A license to carry concealed a pistol, revolver, or other
firearm capable of being concealed upon the person.
   (2) Where the population of the county is less than 200,000
persons according to the most recent federal decennial census, a
license to carry loaded and exposed in only that county a pistol,
revolver, or other firearm capable of being concealed upon the
person.
   SEC. 2.    Section 26155 of the   Penal Code
  is amended to read: 
   26155.  (a) When a person applies for a license to carry a pistol,
revolver, or other firearm capable of being concealed upon the
person, the chief or other head of a municipal police department of
any city or city and county may issue a license to that person upon
proof of all of the following:
   (1) The applicant is of good moral character.
   (2) Good cause exists for issuance of the license.
   (3) The applicant is a resident of that city.
   (4) The applicant has completed a course of training as described
in Section 26165. 
   (5) The applicant is not prohibited by state or federal law from
possessing, receiving, owning, or purchasing a firearm. 
   (b) The chief or other head of a municipal police department may
issue a license under subdivision (a) in either of the following
formats:
   (1) A license to carry concealed a pistol, revolver, or other
firearm capable of being concealed upon the person.
   (2) Where the population of the county in which the city is
located is less than 200,000 persons according to the most recent
federal decennial census, a license to carry loaded and exposed in
only that county a pistol, revolver, or other firearm capable of
being concealed upon the person.
   (c) Nothing in this chapter shall preclude the chief or other head
of a municipal police department of any city from entering an
agreement with the sheriff of the county in which the city is located
for the sheriff to process all applications for licenses, renewals
of licenses, and amendments to licenses, pursuant to this chapter.
   SEC. 3.    Section 26185 of the   Penal Code
  is amended to read: 
   26185.  (a) (1) The fingerprints of each applicant shall be taken
and two copies on forms prescribed by the Department of Justice shall
be forwarded to the department.
   (2) Upon receipt of the fingerprints and the fee as prescribed in
Section 26190, the department shall promptly  conduct an
investigation and  furnish the forwarding licensing authority a
report of all data and information pertaining to any applicant of
which there is a record in its office, including information as to
whether the person is prohibited by state or federal law from
possessing, receiving, owning, or purchasing a firearm.  The
investigation shall include a report from the National Instant
Criminal Background Check System. 
   (3) No license shall be issued by any licensing authority until
after receipt of the report from the department.
   (b) Notwithstanding subdivision (a), if the license applicant has
previously applied to the same licensing authority for a license to
carry firearms pursuant to this article and the applicant's
fingerprints and fee have been previously forwarded to the Department
of Justice, as provided by this section, the licensing authority
shall note the previous identification numbers and other data that
would provide positive identification in the files of the Department
of Justice on the copy of any subsequent license submitted to the
department in conformance with Section 26225 and no additional
application form or fingerprints shall be required.
   (c) If the license applicant has a license issued pursuant to this
article and the applicant's fingerprints have been previously
forwarded to the Department of Justice, as provided in this section,
the licensing authority shall note the previous identification
numbers and other data that would provide positive identification in
the files of the Department of Justice on the copy of any subsequent
license submitted to the department in conformance with Section 26225
and no additional fingerprints shall be required. 
   (d) The department shall ensure that an applicant seeking to renew
or extend the validity of a license, as provided in Section 26220,
is not prohibited by state or federal law from possessing, receiving,
owning, or purchasing a firearm by conducting an investigation
including the National Instant Criminal Background Check System.

   SEC. 4.    Section 26950 of the   Penal Code
  is amended to read: 
   26950.  (a) The waiting period described in Section 26815 does not
apply to the sale, delivery, or transfer of firearms made to any
person who satisfies both of the following requirements:
   (1) The person is properly identified as a full-time paid peace
officer, as defined in Chapter 4.5 (commencing with Section 830) of
Title 3 of Part 2.
   (2) The officer's employer has authorized the officer to carry
firearms while in the performance of duties.
   (b) (1) Proper identification is defined as verifiable written
certification from the head of the agency by which the purchaser or
transferee is employed, identifying the purchaser or transferee as a
peace officer who is authorized to carry firearms while in the
performance of duties, and authorizing the purchase or transfer.
   (2) The certification shall be delivered to the dealer at the time
of purchase or transfer and the purchaser or transferee shall
identify himself or herself as the person authorized in the
certification.
   (3) The dealer shall keep the certification with the record of
sale.
   (4) On the date that the sale, delivery, or transfer is made, the
dealer delivering the firearm shall transmit to the Department of
Justice an electronic or telephonic report of the transaction as is
indicated in Section 28160 or 28165. 
   (c) The provisions of this section do not apply to the sale,
delivery, or transfer of firearms to a peace officer for personal use
as described in Section 26975. 
   SECTION 1.   SEC. 5.   Section 26975 is
added to the Penal Code, to read:
   26975.  The waiting period described in  subdivision (a) of
 Section 26815 does not apply to  the   the
following: 
    (a)     The  sale, delivery, or
transfer of firearms made to any person who is authorized to carry a
weapon in a concealed manner pursuant to Chapter 4 (commencing with
Section 26150) of Division 5. 
   (b) The sale, delivery, or transfer of a firearm for personal use
made to a peace officer or retired peace officer identified in
subdivisions (a) to (d), inclusive, of Section 25450, who is
authorized to carry a weapon in a concealed manner pursuant to
Article 2 (commencing with Section 25450) of Chapter 2 of Division 5.

   SEC. 6.    Section 27535 of the   Penal Code
  is amended to read: 
   27535.  (a) No person shall make an application to purchase more
than one handgun within any 30-day period.
   (b) Subdivision (a) shall not apply to any of the following:
   (1) Any law enforcement agency.
   (2) Any agency duly authorized to perform law enforcement duties.
   (3) Any state or local correctional facility.
   (4) Any private security company licensed to do business in
California.
   (5) Any person who is properly identified as a full-time paid
peace officer, as defined in Chapter 4.5 (commencing with Section
830) of Title 3 of Part 2, and who is authorized to, and does carry a
firearm during the course and scope of employment as a peace
officer.
   (6) Any motion picture, television, or video production company or
entertainment or theatrical company whose production by its nature
involves the use of a firearm.
   (7) Any person who may, pursuant to Article 2 (commencing with
Section 27600), Article 3 (commencing with Section 27650), 
except for Section 27652,  or Article 4 (commencing with Section
27700), claim an exemption from the waiting period set forth in
Section 27540.
   (8) Any transaction conducted through a licensed firearms dealer
pursuant to Chapter 5 (commencing with Section 28050).
   (9) Any person who is licensed as a collector pursuant to Chapter
44 (commencing with Section 921) of Title 18 of the United States
Code and the regulations issued pursuant thereto, and has a current
certificate of eligibility issued by the Department of Justice
pursuant to Article 1 (commencing with Section 26700) of Chapter 2.
   (10) The exchange of a handgun where the dealer purchased that
firearm from the person seeking the exchange within the 30-day period
immediately preceding the date of exchange or replacement.
   (11) The replacement of a handgun when the person's handgun was
lost or stolen, and the person reported that firearm lost or stolen
prior to the completion of the application to purchase to any local
law enforcement agency of the city, county, or city and county in
which the person resides.
   (12) The return of any handgun to its owner.
   (13) A community college that is certified by the Commission on
Peace Officer Standards and Training to present the law enforcement
academy basic course or other commission-certified law enforcement
training.
   SEC. 2.   SEC. 7.   Section 27652 is
added to the Penal Code, to read:
   27652.  The waiting period described in  subdivision (a) of
 Section 27540 does not apply to  the   the
following: 
    (a)     The  sale, delivery, or
transfer of firearms made to any person who is authorized to carry a
weapon in a concealed manner pursuant to Chapter 4 (commencing with
Section 26150) of Division 5. 
   (b) The sale, delivery, or transfer of a firearm for personal use
made to a peace officer or retired peace officer identified in
subdivisions (a) to (d), inclusive, of Section 25450, who is
authorized to carry a weapon in a concealed manner pursuant to
Article 2 (commencing with Section 25450) of Chapter 2 of Division 5.

   SEC. 8.    Section 28220 of the   Penal Code
  is amended to read: 
   28220.  (a) Upon submission of firearm purchaser information, the
Department of Justice shall examine its records, as well as those
records that it is authorized to request from the State Department of
Mental Health pursuant to Section 8104 of the Welfare and
Institutions Code, in order to determine if the purchaser is a person
described in subdivision (a) of Section 27535, or is prohibited by
state or federal law from possessing, receiving, owning, or
purchasing a firearm.
   (b) To the extent that funding is available, the Department of
Justice may participate in the National Instant Criminal Background
Check System (NICS), as described in subsection (t) of Section 922 of
Title 18 of the United States Code, and, if that participation is
implemented, shall notify the dealer and the chief of the police
department of the city or city and county in which the sale was made,
or if the sale was made in a district in which there is no municipal
police department, the sheriff of the county in which the sale was
made, that the purchaser is a person prohibited from acquiring a
firearm under federal law.
   (c) If the department determines that the purchaser is prohibited
by state or federal law from possessing, receiving, owning, or
purchasing a firearm or is a person described in subdivision (a) of
Section 27535, it shall immediately notify the dealer and the chief
of the police department of the city or city and county in which the
sale was made, or if the sale was made in a district in which there
is no municipal police department, the sheriff of the county in which
the sale was made, of that fact.
   (d) If the department determines that the copies of the register
submitted to it pursuant to subdivision (d) of Section 28210 contain
any blank spaces or inaccurate, illegible, or incomplete information,
preventing identification of the purchaser or the handgun or other
firearm to be purchased, or if any fee required pursuant to Section
28225 is not submitted by the dealer in conjunction with submission
of copies of the register, the department may notify the dealer of
that fact. Upon notification by the department, the dealer shall
submit corrected copies of the register to the department, or shall
submit any fee required pursuant to Section 28225, or both, as
appropriate and, if notification by the department is received by the
dealer at any time prior to delivery of the firearm to be purchased,
the dealer shall withhold delivery until the conclusion of the
waiting period described in Sections 26815 and 27540.
   (e) If the department determines that the information transmitted
to it pursuant to Section 28215 contains inaccurate or incomplete
information preventing identification of the purchaser or the handgun
or other firearm to be purchased, or if the fee required pursuant to
Section 28225 is not transmitted by the dealer in conjunction with
transmission of the electronic or telephonic record, the department
may notify the dealer of that fact. Upon notification by the
department, the dealer shall transmit corrections to the record of
electronic or telephonic transfer to the department, or shall
transmit any fee required pursuant to Section 28225, or both, as
appropriate, and if notification by the department is received by the
dealer at any time prior to delivery of the firearm to be purchased,
the dealer shall withhold delivery until the conclusion of the
waiting period described in Sections 26815 and 27540. 
   (f) (1) The department shall immediately notify the dealer if the
department determines that the status of the purchaser is approved or
prohibited. If the status of the purchaser is not approved or
prohibited, then the department shall, within 24 hours of the
transmission of the electronic or telephonic record, respond with a
hold status. If the department responds with a hold status, the
department shall respond with an approved or prohibited status
immediately upon completion of the department's background
investigation.  
   (2) For purposes of this section, the following terms have the
following meanings:  
   (A) "Approved" means the individual is not prohibited by state or
federal law from possessing, receiving, owning, or purchasing a
firearm.  
   (B) "On hold" means the available information indicates that
further investigation is required to determine whether the individual
is approved or prohibited from possessing, receiving, owning, or
purchasing a firearm.  
   (C) "Prohibited" means an individual is prohibited by state or
federal law from possessing, receiving, owning, or purchasing a
firearm.  
   (3) If a dealer receives a hold status, the dealer shall withhold
delivery of the firearm until the dealer receives an approved status
for the purchaser from the department. 
   SEC. 9.    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.