AB 1292

Bill Subjects

Abstract

Existing law regulates the transfer of firearms, and allows some transfers to occur by operation of law, and specifies that a person taking title or possession of a firearm by operation of law includes, among others, the executor or administrator of an estate if the estate includes a firearm. Existing law generally requires the transfer of a firearm to be conducted by a firearms dealer if neither party to the transfer is a dealer. Existing law excepts executors and administrators of estates from that requirement if certain criteria are met. Existing law prohibits a resident of this state from importing, bringing, or transporting into this state, a firearm purchased or otherwise obtained from outside of this state unless the firearm is first delivered to a dealer in this state for delivery to the resident. Existing law excepts executors and administrators of estates from that prohibition if certain criteria are met. Existing law generally requires a person to possess a firearm safety certificate in order to possess a firearm. Existing law excepts executors and administrators of estates from that requirement. This bill would specify that the transfer by operation of law provisions and the exceptions described above apply to a decedent's personal representative, a person acting pursuant to the person's power of attorney, a trustee, a conservator, a guardian or guardian ad litem, or a special administrator, as specified. Existing law generally prohibits openly carrying a firearm and the carrying of a concealed firearm. Existing law exempts from the concealed carry prohibition a person who finds a firearm and is transporting it, as specified, to a law enforcement agency. This bill would also exempt a person who finds a firearm and transports it under those circumstances from the open carrying of firearms prohibited. This bill would additionally exempt from these prohibitions the transportation to a law enforcement agency of a firearm that has been taken by a person from another person that is using the firearm to commit a crime against the person taking the firearm. Existing law requires the transfer of a firearm to be conducted through a licensed dealer and requires the person receiving the firearm to possess a firearm safety certificate. This bill would exempt those types of transfers to a law enforcement agency from the dealer requirement and the return of that firearm by the law enforcement agency from the safety certificate requirement, as specified. The bill would make other conforming changes. The bill would state that certain of its provisions are declaratory of existing law.