California Acts of the 2021 Legislative Session
SB 715, Chapter 250
An act to amend Section 12525.3 of the Government Code, and to amend Sections 11106, 11108.2, 26406, 27505, 27570, 28050, 28055, 28100, 28210, 28215, 28220, 28230, 29610, 29615, 29700, 29750, 31700, and 32000 of, to amend the heading of Article 1 (commencing with Section 29610) of Chapter 1 of Division 9 of Title 4 of Part 6 of, to add Sections 16685, 26537, 27963, 31833, and 31834 to, and to repeal and add Section 27945 of, the Penal Code, relating to criminal law.
SB 715, Portantino. Criminal law.
Existing law authorizes the state prosecutor to investigate and gather facts in an incident involving a shooting by a peace officer that results in the death of an unarmed civilian. Existing law defines the Attorney General as the state prosecutor.
This bill would also authorize the state prosecutor to investigate and gather facts in an incident involving a shooting by a peace officer that results in the death of a civilian if there is a reasonable dispute as to whether the civilian was armed.
Existing law requires the sale, transfer, or loan of a firearm to be processed, as specified, through a licensed firearm dealer.
This bill would exempt from these provisions a licensed manufacturer of ammunition, as specified.
Existing law prohibits the transfer of a firearm to a minor, except as specified.
This bill amends those exceptions to include new requirements for loans based upon the type of firearm and the age of the minor.
Existing law requires a dealer who is unable to process the sale, transfer, or loan of a firearm, to return the firearm to the person making the sale, transfer, or loan.
This bill would additionally prohibit the dealer from returning a firearm to the person making the sale, transfer, or loan, if that person is prohibited from obtaining a firearm and would, in those cases, provide a procedure by which that person could transfer the firearm to a law enforcement agency or to a third party, as specified. The bill would authorize the dealer to charge a fee for any firearm stored by the dealer pursuant to this procedure.
Existing law requires, with certain exceptions, a person who purchases or receives a firearm to possess a valid firearm safety certificate.
This bill would extend the exceptions to include a manufacturer of ammunition, as specified, and certain transfers to minors, as specified.
Existing law prohibits the sale or transfer of a firearm to any person who does not have a firearm safety certificate, as specified. Existing law also prohibits the sale or transfer of a firearm by a licensed firearm dealer to a person under 21 years of age. Existing law exempts from these provisions the sale, transfer, purchase, or receipt of a firearm, other than a handgun, to or by a person without a firearm safety certificate, but in possession of a valid, unexpired hunting license, or a recently expired hunting license, as specified.
Existing law also exempts the sale or transfer of a firearm, other than a handgun or semiautomatic centerfire rifle, to a person 18 years of age or older who possesses a valid, unexpired hunting license, as specified.
This bill would, for purposes of these provisions, define a valid and unexpired hunting license and would no longer allow a hunting license from the immediately preceding year to be used for this purpose. The bill would require a dealer to refuse delivery of a firearm if the validity of a hunting license cannot be determined upon visual inspection.
Existing law, subject to exceptions, imposes a 10-day waiting period for delivery of a firearm, during which time a background check is conducted by the Department of Justice to determine if the proposed recipient of the firearm is prohibited from owning or possessing a firearm.
This bill would require the department, commencing July 1, 2025, for sales of firearms to persons under 21 years of age who are eligible to purchase a firearm based upon their possession of a hunting license, to confirm the validity of the hunting license as part of the background check.
Existing law permits the Department of Justice to charge a fee sufficient to reimburse it for specified costs related to the sale or transfer of firearms, such as the preparation, sale, processing, and filing of required reports and costs associated with the submission of a Dealers' Record of Sale (DROS), as specified. Existing law requires that firearm purchaser information be provided to the department exclusively by electronic means. Existing law directs the department to electronically approve the purchase or transfer of ammunition through a vendor at the time of purchase or transfer and prior to the purchaser taking possession of the ammunition, and permits the department to collect certain fees for these purposes.
Existing law, commencing on July 1, 2022, directs the department to electronically approve the purchase or transfer of firearm precursor parts through a vendor at the time of purchase or transfer and before the purchaser taking possession of the firearm precursor part, and permits the department to collect certain fees for these purposes.
This bill would delete obsolete provisions relating to the department's authority to impose fees for nonelectronic transfers of firearm purchaser information to the department.
Existing law prohibits the possession of a handgun by a minor.
This bill would additionally prohibit the possession of a semiautomatic centerfire rifle and, commencing July 1, 2023, the possession of any firearm, by a minor, with certain exceptions.
This bill would make other conforming changes.
By expanding the scope of an existing 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.
This bill would declare that certain of its provisions are declaratory of existing law.
The bill would state that its provisions are severable.
This bill would incorporate additional changes to Section 11108.2 of the Penal Code proposed by SB 320 to be operative only if this bill and SB 320 are enacted and this bill is enacted last.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1.
The Legislature hereby finds and declares that the purpose of the amendments made by this act to Sections 11106, 28050, 28100, and 28230 of the Penal Code is to ensure, consistent with the decision of the United States Supreme Court in Henderson v. United States, 575 U.S. 622 (2015), that if a firearm dealer is unable to complete a private party transaction and is also unable to return the firearm to the person selling, loaning, or transferring the firearm, that there is a procedure in place to transfer the firearm to a third party after that party undergoes a background check to determine that they are not prohibited from acquiring the firearm, and appropriate records are maintained of the transaction and disposition of the firearm.
SEC. 2.
Section 12525.3 of the Government Code is amended to read:
12525.3.
(a) For purposes of this subdivision, the following definitions apply:
(1) "Deadly weapon" includes, but it not limited to, any loaded weapon from which a shot, readily capable of producing death or other serious physical injury, may be discharged, or a switchblade knife, pilum ballistic knife, metal knuckle knife, dagger, billy, blackjack, plastic knuckles, or metal knuckles.
(2) "Unarmed civilian" includes anyone who is not in possession of a deadly weapon.
(b) (1) A state prosecutor shall investigate incidents of an officer-involved shooting resulting in the death of an unarmed civilian. The Attorney General is the state prosecutor unless otherwise specified or named.
(2) The state prosecutor is authorized to do all of the following:
(A) Investigate and gather facts in an incident involving a shooting by a peace officer that results in the death of a civilian if the civilian was unarmed or if there is a reasonable dispute as to whether the civilian was armed.
(B) For all investigations conducted, prepare and submit a written report. The written report shall include, at a minimum, the following information:
(i) A statement of the facts.
(ii) A detailed analysis and conclusion for each investigatory issue.
(iii) Recommendations to modify the policies and practices of the law enforcement agency, as applicable.
(C) If criminal charges against the involved officer are found to be warranted, initiate and prosecute a criminal action against the officer.
(3) The state prosecutor shall post and maintain on a public internet website each written report prepared by the state prosecutor pursuant to this subdivision, appropriately redacting any information in the report that is required by law to be kept confidential.
(c) (1) Commencing on July 1, 2023, the Attorney General shall operate a Police Practices Division within the Department of Justice to, upon request of a local law enforcement agency, review the use of deadly force policies of that law enforcement agency.
(2) The program described in paragraph (1) shall make specific and customized recommendations to any law enforcement agency that requests a review pursuant to paragraph (1), based on those policies identified as recommended best practices.
(d) This section does not limit the Attorney General's authority under the California Constitution or any applicable state law.
(e) Subject to an appropriation for this purpose by the Legislature, the department shall implement this section.
SEC. 3.
Section 11106 of the Penal Code is amended to read:
11106.
(a) (1) In order to assist in the investigation of crime, the prosecution of civil actions by city attorneys pursuant to paragraph (3) of subdivision (b)...
