SB 221

Bill Subjects

Abstract

Existing law generally requires that a transaction involving a firearm be conducted through a licensed firearms dealer. This requirement does not apply under existing law to the sale or transfer of a firearm to an authorized law enforcement representative for exclusive use by that law enforcement agency if, prior to the transfer of the firearm, written authorization from the head of the agency is presented to the person from whom the transfer is being made. In these cases, existing law requires the firearm to be entered as an institutional weapon into the Automated Firearms System (AFS) via the California Law Enforcement Telecommunications System. This bill would require a law enforcement agency, as defined, by January 1, 2021, to adopt a written procedure to account for firearms that are owned, acquired, maintained, sold, loaned, lost, stolen from, or in any way possessed by that agency, as specified. The bill would require agency employees to report to the agency lost or stolen firearms owned by the agency, or used or carried by an employee within the course of employment that are not owned by the agency, within 5 days of the date they know or reasonably should have known that the firearms were lost or stolen. The bill would require that firearms that are lost, stolen, or otherwise disposed of be entered into the AFS. By imposing additional duties on local law enforcement agencies, this bill would impose a state-mandated local program. 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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.