Amended  IN  Assembly  March 23, 2023

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill
No. 733

Introduced by Assembly Member Mike Fong
(Principal coauthor: Assembly Member Hart)

February 13, 2023

An act to amend Section 637.7 of Sections 16288, 16520, and 34000 of, and to add Chapter 3 (commencing with Section 29550) to Division 8 of Title 4 of Part 6 of, the Penal Code, relating to crimes. firearms.


LEGISLATIVE COUNSEL'S DIGEST


AB 733, as amended, Mike Fong. Invasion of privacy. Firearms: sale by government entity.
Previous law authorized a law enforcement agency to dispose of seized, surrendered, abandoned, and unclaimed firearms by sale at a public auction or by destruction. Existing law requires these firearms to be disposed of by destruction.
Existing law prohibits the sale of a firearm on any state property, as specified.
This bill would prohibit any state or local government agency or department, as specified, to sell any firearm, ammunition, or body armor.
The bill would also make other conforming changes and technical corrections.
The bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities.

Existing law prohibits a person or entity from using an electronic tracking device, as defined, to determine the location or movement of a person, except for the lawful use of a tracking device by a law enforcement agency.

This bill would make technical, nonsubstantive changes to these provisions.

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NOYES   Local Program: NO  

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


SECTION 1.

 Section 16288 of the Penal Code is amended to read:

16288.
 As used in Section Sections 29550 and 31360, “body armor” means any bullet-resistant material intended to provide ballistic and trauma protection for the person wearing the body armor.

SEC. 2.

 Section 16520 of the Penal Code is amended to read:

16520.
 (a) As used in this part, “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.
(b) As used in the following provisions, “firearm” includes the frame or receiver of the weapon, including both a completed frame or receiver, or a firearm precursor part:
(1) Section 136.2.
(2) Section 646.91.
(3) Sections 16515 and 16517.
(4) Section 16550.
(5) Section 16730.
(6) Section 16960.
(7) Section 16990.
(8) Section 17070.
(9) Section 17310.
(10) Sections 18100 to 18500, inclusive.
(11) Section 23690.
(12) Section 23900 to 23925, inclusive.
(13) Sections 26500 to 26590, inclusive.
(14) Sections 26600 to 27140, inclusive.
(15) Sections 27200 to 28490, inclusive.
(16) Sections 29010 to 29150, inclusive.
(17) Section 29185.
(18) Section 29550.

(18)

(19) Sections 29610 to 29750, inclusive.

(19)

(20) Sections 29800 to 29905, inclusive.

(20)

(21) Sections 30150 to 30165, inclusive.

(21)

(22) Section 31615.

(22)

(23) Sections 31700 to 31830, inclusive.

(23)

(24) Sections 34355 to 34370, inclusive.

(24)

(25) Sections 527.6 to 527.9, inclusive, of the Code of Civil Procedure.

(25)

(26) Sections 8100 to 8108, inclusive, of the Welfare and Institutions Code.

(26)

(27) Section 15657.03 of the Welfare and Institutions Code.
(c) As used in the following provisions, “firearm” also includes a rocket, rocket propelled projectile launcher, or similar device containing an explosive or incendiary material, whether or not the device is designed for emergency or distress signaling purposes:
(1) Section 16750.
(2) Subdivision (b) of Section 16840.
(3) Section 25400.
(4) Sections 25850 to 26025, inclusive.
(5) Subdivisions (a), (b), and (c) of Section 26030.
(6) Sections 26035 to 26055, inclusive.
(d) As used in the following provisions, “firearm” does not include an unloaded antique firearm:
(1) Section 16730.
(2) Section 16550.
(3) Section 16960.
(4) Section 17310.
(5) Subdivision (b) of Section 23920.
(6) Section 25135.
(7) Chapter 6 (commencing with Section 26350) of Division 5 of Title 4.
(8) Chapter 7 (commencing with Section 26400) of Division 5 of Title 4.
(9) Sections 26500 to 26588, inclusive.
(10) Sections 26700 to 26915, inclusive.
(11) Section 27510.
(12) Section 27530.
(13) Section 27540.
(14) Section 27545.
(15) Sections 27555 to 27585, inclusive.
(16) Sections 29010 to 29150, inclusive.
(17) Section 29180.
(e) As used in Sections 34005 and 34010, “firearm” does not include a destructive device.
(f) As used in Sections 17280 and 24680, “firearm” has the same meaning as in Section 922 of Title 18 of the United States Code.
(g) As used in Sections 29180 to 29184, inclusive, “firearm” includes the completed frame or receiver of a weapon.

SEC. 3.

 Chapter 3 (commencing with Section 29550) is added to Division 8 of Title 4 of Part 6 of the Penal Code, to read:
CHAPTER  3. Sale of Firearms by Governmental Entities

29550.
 No agency or department of the state or any political subdivision thereof shall sell any firearm, ammunition, or body armor.

SEC. 4.

 Section 34000 of the Penal Code is amended to read:

34000.
 (a) Notwithstanding any provision of law or of any local ordinance to the contrary, when any firearm is in the possession of any officer of the state, or of a county, city, or city and county, or of any campus of the University of California or the California State University, and the firearm is an exhibit filed in any criminal action or proceeding which is no longer needed or is unclaimed or abandoned property, which has been in the possession of the officer for at least 180 days, the firearm shall be sold, or destroyed, as provided for in Sections 18000 and Section 18005.
(b) This section does not apply to any firearm in the possession of the Department of Fish and Game, or which was used in the violation of any provision in the Fish and Game Code, or any regulation under that code.

SEC. 5.

 The Legislature finds and declares that the disposal of firearms by government entities is a matter of statewide concern and is not a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, Section 3 of this act adding Section 29550 to the Penal Code applies to all cities, including charter cities.
SECTION 1.Section 637.7 of the Penal Code is amended to read:
637.7.

(a)A person or entity in this state shall not use an electronic tracking device to determine the location or movement of a person.

(b)This section does not apply if the registered owner, lessor, or lessee of a vehicle has consented to the use of the electronic tracking device with respect to that vehicle.

(c)This section does not apply to the lawful use of an electronic tracking device by a law enforcement agency.

(d)As used in this section, “electronic tracking device” means a device attached to a vehicle or other movable thing that reveals its location or movement by the transmission of electronic signals.

(e)A violation of this section is a misdemeanor.

(f)A violation of this section by a person, business, firm, company, association, partnership, or corporation licensed under Division 3 (commencing with Section 5000) of the Business and Professions Code shall constitute grounds for revocation of the license issued to that person, business, firm, company, association, partnership, or corporation, pursuant to the provisions that provide for the revocation of the license as set forth in Division 3 (commencing with Section 5000) of the Business and Professions Code.