Article
2.7. Firearms, Ammunition, and Deadly Weapons
1569.280.
This article shall be known, and may be cited, as the “Keep Our Seniors Safe Act.”1569.281.
As used in this article, the following terms have the following meanings. meanings:(a) “Firearm” means a device, designed to be used as a weapon, from which is expelled through a barrel, a projectile by the force of an explosion or other form of combustion, including the frame or receiver of the device.
(b) “Ammunition” means one or more loaded cartridges consisting of a primed case, propellant, and with one or more projectiles. “Ammunition” does
not include blanks.
(c) “Deadly weapon” means any of the following:
(1) Any weapon, the possession or concealed carrying of which is prohibited by Section 16590 of the Penal Code.
(2) A destructive device, as defined in Section 16460 of the Penal Code.
(d) “Handgun” has the same meaning as set forth in Section 16640 of the Penal Code and includes the frame or receiver of the same.
(e) “Antique firearm” has the same meaning as set forth, and has the same meaning as, in Section 921(a)(16) of Title 18 of the United States Code.
(f) “Owner”
means the owner of a firearm or ammunition.
(g) “Facility” means a residential care facility for the elderly licensed by the State Department of Social Services, Community Care Licensing Division.
(h) “Authorized intake representative” means the facility administrator. If the licensee is the administrator, the licensee shall name an additional designee who may also act as the authorized intake representative.
1569.282.
The department shall promulgate regulations that prescribe the procedures for a facility that permits residents to possess firearms on its premises to do all of the following:(a) Accept and store a resident’s firearm or ammunition.
(b) Retain and store a licensee’s firearm or ammunition.
(c) Residents’ and licensees’ firearms or ammunition shall be centrally stored in the facility and in the following manner:
(1) Unloaded, separate from ammunition, in a durable, solid steel-constructed, locked gun safe.
(2) The locking mechanism for the gun safe shall be either
electronic or biometric. The gun safe shall be tethered to a fixed object by steel cable or be securely mounted to the floor or wall.
(d) An individual weapons inventory, as described in Section 1569.283, shall be completed and processed for each firearm and ammunition contained in the centrally stored gun safe.
1569.283.
(a) Any facility that permits residents to possess firearms on its premises shall prepare an individual weapons inventory for each firearm and type of ammunition that is secured in the centrally-stored centrally stored gun safe described in Section 1569.282.(b) Access to the gun safe shall be limited to the facility administrator.
(c) An individual weapons inventory shall include two parts. Part I shall document the enrollment of
firearms and ammunition and Part II shall document the removal of firearms and ammunition from the facility.
(1) All of the following information for each firearm and type of ammunition shall be obtained and documented in Part I:
(A) Name of the resident or licensee who is the owner of the firearm or ammunition.
(B) Identification of the firearm, including, but not limited to, the manufacture, caliber, serial number, and model number.
(C) The owner’s applicable permit or registration number for the firearm.
(D) For ammunition, the quantity of each type of projectile, inventoried as to manufacturer
and caliber.
(E) One or more photographs of the firearm or ammunition as necessary for identification.
(F) Handwritten date and signature by the owner of the firearm or ammunition.
(G) Handwritten date and signature by the authorized intake representative who conducted the weapon intake and completed the inventory document.
(H) Any additional information necessary to comply with existing state laws, or required by the department.
(2) Upon a resident’s death or transfer out of the facility, the inventory form shall document the following in Part II of the inventory form:
(A) Date on which the firearm or ammunition was removed from the storage and the facility.
(B) The name, address, and contact information of the individual to whom possession of the firearm or ammunition was transferred.
(C) Photo identification of the person to whom possession of the firearm or ammunition was transferred.
(D) Handwritten date and signature by the individual who took possession of the firearm or ammunition and their relationship to the resident.
(E) Handwritten date and signature by the authorized intake representative who effected the transfer of the firearm or ammunition out
of the facility and who completed the inventory document.
(d) A facility shall maintain the completed, original individual weapons inventory in a centralized weapons inventory file and in the resident’s file. Within five business days of the date the firearm or ammunition owner signed and dated the individual weapons inventory, the facility administrator shall provide a copy to the owner of the firearm or ammunition and shall submit a copy to the Department of Justice in the manner directed by the Department of Justice.
1569.284.
(a) A licensee shall not accept, retain, or store any deadly weapon, as defined in Section 1569.280, of a resident or licensee.(b) A licensee shall not accept, retain, or store any of the following firearms owned or possessed by a resident or licensee:
(1) A firearm regulated pursuant to Chapter 1 (commencing with Section 18710) of Division 5 of Title 2 of Part 6 of the Penal Code.
(2) A firearm regulated pursuant to Chapter 2 (commencing with Section 30500) of Division 10 of Title 4 of Part 6 of the Penal Code.
(3) A firearm regulated pursuant to Chapter 6 (commencing with Section 32610) of Division 10 of Title 4 of Part 6 of the Penal Code.
(4) A firearm regulated pursuant to Article 2 (commencing with Section 33300) of Chapter 8 of Division 10 of Title 4 of Part 6 of the Penal Code.
(c) The licensee shall not accept, retain, or store a firearm required to be registered with the Department of Justice pursuant to Section 29180 of the Penal Code unless it verifies it is in fact registered with the Department of Justice pursuant to Section 29180 of the Penal Code.
(d) The licensee may accept, retain, or store a firearm that is otherwise required to be registered with the Department of Justice pursuant to Section 29180 of the Penal Code but which is exempt from the registration requirements because it was entered into the centralized registry set forth in Section 11106 of the Penal Code prior to July 1, 2018, as being owned by a specific individual or entity if that firearm has assigned to it a distinguishing number or mark of identification because the department accepted entry of that firearm into the centralized registry.
(e) Commencing July 1, 2021, unless it is an antique firearm, the licensee shall not accept, retain, or store a firearm unless the owner provides to the licensee documentation that the person is listed with the Department of Justice pursuant to Section 11106 of the Penal
Code as the registered owner of that firearm.
1569.285.
The acceptance or storage of a resident’s firearm by a facility in accordance with this article, or the retention and storage of a licensee’s firearm, shall not constitute a loan, sale, receipt, or transfer of a firearm within the meaning of Sections 26500, 27545, or subdivision (a) of Section 31615 of the Penal Code.1569.286.
Any facility that permits residents to possess firearms on its premises shall disclose and demonstrate all of the following upon the request of the department:(a) The firearms and ammunition are stored in compliance with storage requirements.
(b) Stored firearms and ammunition are inaccessible to residents with dementia.
(c) The facility maintains an inventory of firearms and ammunition held in that facility.
(d) The facility maintains a log to document when a firearm is placed in storage
and when it is removed from storage.
1569.287.
This article does not require a facility to accept, store, or retain firearms or ammunition.