Firearms: transfers.

Existing law generally requires any person who sells, leases, or transfers firearms to be a licensed dealer, as specified. Existing law exempts infrequent sales, leases, and transfers from this requirement. Existing law generally prohibits the purchase or receipt of a firearm by, or sale, transfer, or loan of a firearm, to, a person who does not have a firearm safety certificate. Existing law exempts from this requirement, the infrequent loan of a firearm. Existing law defines "infrequent" for purposes of this exemption to mean less than 6 handgun transactions per calendar year, or, for firearms other than handguns, an indefinite number of transactions that are "occasional and without regularity." This bill would redefine "infrequent" to mean less than 6 firearm transactions per calendar year, regardless of the type of firearm, and no more than 50 total firearms within those transactions. Existing law exempts from the dealer requirement, the transfer of a firearm by bequest or intestate succession, or to a surviving spouse. This bill would extend that exemption to the transfer of a firearm to a trust beneficiary, as specified. This bill would also exempt from the requirement specified transfers made by a formerly licensed dealer that is ceasing operations, transfers made to a specified government entity as part of a "gun-buyback" program, and transfers made by a person prohibited from possessing a firearm to a dealer for the purpose of storing that firearm. Existing law provides certain exemptions to prohibitions on openly carrying a firearm, storage of firearms, dealer processing requirements, and off-premises transactions by a licensed dealer, for specified charity auctions and similar events. This bill would clarify that these exemptions also apply to charity raffles. This bill would also remove the limitation on the number of firearm transactions allowed by a charity auction and instead require all firearms sold or otherwise transferred by auction or raffle to be delivered to a licensed dealer for delivery to the recipient. Existing law requires a person manufacturing 100 or more firearms each year in the state to be licensed as a manufacturer. This bill would instead require anybody manufacturing 50 or more firearms to be licensed. Existing law requires a licensed dealer processing the transfer of a firearm to hold the firearm for a designated waiting period before releasing the firearm. Existing law exempts certain firearms transactions that occur as part of a charitable auction, as specified, from this waiting period. This bill would repeal the waiting period exemption for charitable auctions. This bill also makes technical and conforming changes and changes that are declaratory of existing law. A violation of various provisions involving the transfer, manufacture, and carrying of firearms is a crime. By changing the scope of these offenses, this bill would impose a state-mandated local program. This bill would make conforming changes to Section 11108.2 of the Penal Code that would be operative only if AB 1669 becomes operative. This bill would make changes to Section 26556 of the Penal Code that would be operative only if AB 1009 becomes operative. This bill would incorporate additional changes to Sections 27966 and 28230 of the Penal Code proposed by AB 1009 to be operative only if this bill and AB 1009 are enacted and this bill is enacted last. 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.