CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill
No. 3127

Introduced by Assembly Member McCarty
(Principal coauthor: Senator Nielsen)
(Coauthors: Assembly Members Bonta, Chiu, Gabriel, Petrie-Norris, and Quirk-Silva)
(Coauthor: Senator Stern)

February 21, 2020

An act to add Sections 28260, 29880, and 30372 to the Penal Code, relating to firearms.


LEGISLATIVE COUNSEL'S DIGEST


AB 3127, as introduced, McCarty. Firearms: reports to local law enforcement.
(1) Existing law requires the Department of Justice to examine its records in order to determine whether the purchaser of a firearm is prohibited by state or federal law from possessing a firearm. If the department determines that the purchaser is prohibited from possessing a firearm, existing law requires the department to notify the firearms dealer and either the chief of police or the sheriff in the county in which the sale was made.
This bill would, commencing January 1, 2022, require the Department of Justice to notify the relevant local law enforcement agency of each application to purchase a firearm, request to register the acquisition or ownership of a firearm, request to obtain a serial number for a firearm, request to register an assault weapon or .50 BMG rifle, and request for specified weapons permits. Commencing January 1, 2025, the bill would also require the department to notify the relevant local law enforcement agency of each request to purchase a firearm precursor part.
(2) Existing law makes it a crime for certain persons to possess a firearm, including, among other persons, persons convicted of a felony, persons who are addicted to the use of a narcotic drug, persons convicted of specified violent offenses, persons who have been adjudicated by a court of any state to be a danger to others as a result of a mental disorder or mental illness, and persons who have been admitted to a facility, are receiving inpatient treatment, and, in the opinion of the attending health professional who is primarily responsible for the patient’s treatment, are a danger to themselves or others.
This bill would require the Department of Justice, if the department determines that a person prohibited from possessing a firearm by the provisions described above has attempted to acquire a firearm, to notify the local law enforcement agency with primary jurisdiction over the area in which the person was last known to reside. If the person is prohibited from owning or possessing a firearm because of a mental illness, as defined, the bill would require the department to also notify the county department of mental health in the county in which the person was last known to reside.
(3) Existing law, as added by the Safety for All Act of 2016, an initiative statute approved by voters as Proposition 63 at the November 8, 2016, statewide general election, requires the sale of ammunition to be conducted by a licensed ammunition vendor. Existing law generally requires ammunition to be sold only to people who meet specified criteria, including to a person whose firearms ownership information matches an entry in the Automated Firearms System and who is eligible to possess ammunition.
This bill would require the Department of Justice to notify the relevant local law enforcement agency if a person who is prohibited from possessing ammunition attempts to purchase ammunition.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 28260 is added to the Penal Code, to read:

28260.
 (a) Commencing January 1, 2022, if the Department of Justice receives an application to purchase a firearm, the department shall, within 24 hours of receipt of that application to purchase, notify the local law enforcement agency with primary jurisdiction over the area in which the person was last known to reside of the application.
(b) Commencing January 1, 2022, if the Department of Justice receives a request by a person to report their acquisition or ownership of a firearm in order to have it listed in the registry set forth in Section 11106 as owned by that person, whether the report is mandated by this part or made pursuant to Section 28000, the department shall, within 24 hours of receipt of that request, notify the local law enforcement agency with primary jurisdiction over the area in which the person was last known to reside of the request.
(c) Commencing January 1, 2022, if the Department of Justice receives a request by a person to obtain a serial number pursuant to Section 29180, the department shall, within 24 hours of receipt of that request, notify the local law enforcement agency with primary jurisdiction over the area in which the person was last known to reside of the request.
(d) Commencing July 1, 2025, if the Department of Justice receives a request by a person to purchase a firearm precursor part, the department shall, within 24 hours of receipt of that request, notify the local law enforcement agency with primary jurisdiction over the area in which the person was last known to reside of the request.
(e) Commencing January 1, 2022, if the Department of Justice receives a request by a person to register an assault weapon or .50 BMG rifle with the department, the department shall, within 24 hours of receipt of that request, notify the local law enforcement agency with primary jurisdiction over the area in which the person was last known to reside of the request.
(f) Commencing January 1, 2022, if the Department of Justice receives a request by a person to obtain a special weapons permit issued by the department pursuant to Section 32650, 33300, Article 3 (commencing with Section 18900) of Chapter 1 of Division 5 of Title 2, or Article 4 (commencing with Section 32700) of Chapter 6 of Division 10, the department shall, within 24 hours of receipt of that request, notify the local law enforcement agency with primary jurisdiction over the area in which the person was last known to reside of the request.

SEC. 2.

 Section 29880 is added to the Penal Code, to read:

29880.
 (a) If the Department of Justice determines that a person prohibited from owning, purchasing, receiving, or possessing a firearm by this chapter, Chapter 3 (commencing with Section 29900), or Section 8100 or 8103 of the Welfare and Institutions Code has attempted to acquire a firearm, or has attempted to report their acquisition or ownership of a firearm in order to have it listed in the registry set forth in Section 11106 as owned by that person, whether the report is mandated by this part or made pursuant to Section 28000, the department shall notify the local law enforcement agency with primary jurisdiction over the area in which the person was last known to reside of the attempt in a manner and format prescribed by the department.
(b) If a person described in subdivision (a) is prohibited from owning or possessing a firearm because of a mental illness, the department shall also notify the county department of mental health in the county in which the person was last known to reside. For purposes of this subdivision, a person is prohibited from owning or possessing a firearm because of a mental illness if the person is prohibited from owning or possessing a firearm pursuant to Section 8100 or 8103 of the Welfare and Institutions Code.

SEC. 3.

 Section 30372 is added to the Penal Code, to read:

30372.
 (a) If a person attempts to purchase or otherwise acquire ammunition and the sale or other transfer is not approved by the Department of Justice pursuant to Section 30370 because the person is prohibited from possessing ammunition pursuant to Section 30305, the department shall notify the local law enforcement agency with primary jurisdiction in which the person was last known to reside of the attempt.
(b) A local law enforcement agency that receives a notification pursuant to subdivision (a) may contact the person or otherwise investigate whether the person is in unlawful possession of a firearm.
(c) Subdivision (a) does not apply if the sale or other transfer is not approved only because the address in the Automated Firearms System does not match the address on the person’s identification, if there is a matching file with the same name, date of birth, and identification number.