AB 740

Bill Subjects

Abstract

Existing law provides that certain prohibitions on the transfer of firearms do not apply if the transfer is among other things, infrequent. Existing law defines "infrequent" for these purposes as less than 6 transactions per calendar year for handguns, and occasional and without regularity for firearms other than handguns. Existing law defines "transaction" for these purposes as a single sale, lease, or transfer of any number of handguns. This bill would define "infrequent" for purposes of these provisions as less than 6 firearms transactions per calendar year. The bill would revise the definition of "transaction" for these purposes to mean a single sale, lease, or transfer of any number of firearms. By expanding the definitions of the underlying crimes affected by the definition of infrequent, this bill would impose a state-mandated local program. Existing law, subject to exceptions, requires a firearm transaction to be conducted by a licensed firearms dealer. Existing law establishes requirements that dealers must adhere to in conducting firearms transactions and when delivering firearms, including, among others, a 10-day waiting period, purchaser background check, and possession of a handgun safety certificate by the purchaser. This bill would make it a crime for a person to purchase or receive a firearm from a dealer, knowing or having reasonable cause to believe that the delivery of that firearm by that dealer to that person violates specified provisions regulating the delivery of a firearm by a dealer. The bill would make it a crime for any person, corporation, or dealer to transport or bring into this state a firearm for the purpose of selling, transferring, or loaning the firearm with the intent to avoid the requirement that the transaction be conducted by a dealer, or with the intent to avoid the requirements of any exemption to that dealer requirement. The bill would make additional conforming changes. By creating new crimes, this bill would impose a state-mandated local program. Existing law prohibits a person who, after October 1, 1955, has been adjudicated by a court of any state to be a danger to others as a result of a mental disorder or mental illness, or who has been adjudicated to be a mentally disordered sex offender, from purchasing or receiving, or attempting to purchase or receive, or having in his or her possession, custody, or control any firearm or any other deadly weapon unless he or she has been issued a certificate by the court of adjudication upon release from treatment or at a later date stating that the person may possess a firearm or any other deadly weapon without endangering others, and the person has not, subsequent to the issuance of the certificate, again been adjudicated by a court to be a danger to others as a result of a mental disorder or mental illness. Existing law similarly prohibits certain other persons from possessing firearms, including, among others, persons found not guilty by reason of insanity of specified crimes, persons found incompetent to stand trial, and persons placed under a conservatorship for specified reasons. Existing law requires the court to notify the Department of Justice regarding these persons and certain other persons prohibited from possessing firearms, as specified. This bill would require the court to report the required information to the Department of Justice exclusively by electronic means, in a manner prescribed by the department. 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.