Asm. Marc Levine

Existing law, subject to exceptions, prohibits a person from making more than one application to purchase a handgun within any 30-day period. Violation of that prohibition is a crime. Existing law exempts from that prohibition a firearms transaction where neither of the parties is a firearms dealer if the transaction is completed through a dealer. Existing law prohibits a firearms dealer from delivering a handgun to a person whenever the dealer is notified by the Department of Justice that within the preceding 30-day period the purchaser has made another application to purchase a handgun that does not fall within an exception to the 30-day prohibition. A violation of that delivery prohibition by the dealer is a crime. This bill would make the 30-day prohibition and the dealer delivery prohibition described above applicable to all types of firearms. The bill would delete the private party transaction exemption to the 30-day prohibition and instead would exempt from that prohibition the transfer of a firearm conducted through a licensed firearms dealer if the firearm is being transferred by bequest or intestate succession, the purchase of a firearm that is not a handgun or a finished frame or receiver by a licensed hunter, and the purchase of a firearm from a nonprofit entity conducting an auction or similar event, as specified. The bill would make additional conforming changes and technical, nonsubstantive changes. By expanding the scope of existing crimes, this bill would impose a state-mandated local program. This bill would incorporate changes to Sections 26835 and 27535 of the Penal Code proposed by both this bill and SB 894, which would become operative only if both bills are enacted and become effective on or before January 1, 2017, and this bill is chaptered 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.

Existing law generally regulates the transfer and possession of firearms. Existing law defines the term "firearm" for various regulatory purposes, including, among others and subject to exceptions, the requirement that firearms be transferred by or through a licensed firearms dealer, the requirement of a 10-day waiting period prior to delivery of a firearm by a dealer, the requirement that firearm purchasers be subject to a background check, and the prohibition on certain classes of persons, such as felons, possessing firearms. Under existing law, the term "firearm" includes the frame or receiver of the weapon. Existing law makes a violation of certain of these prohibitions a crime. This bill would define a frame or receiver as that part of a firearm which provides housing for the hammer, bolt, or breechblock, and firing mechanism, and which is usually threaded at its forward portion to receive the barrel, and would include within this definition a frame or receiver blank, casting, or machined body that requires further machining or molding to be used as part of a functional weapon so long as it has been designed and is clearly identifiable as being used exclusively as part of a functional weapon. By expanding the scope of existing crimes, this bill would impose a state-mandated local program. This bill would incorporate additional changes to Section 16520 of the Penal Code proposed by SB 894, SB 1407, and AB 857 which would become operative if this bill and those bills are enacted, as specified, 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.

Existing law makes it unlawful for any person to operate a vessel or water-related device while under the influence of an alcoholic beverage or any drug, or both. Existing law directs the administration of a chemical test that is used to analyze an individual's breath, blood, or urine for evidence of drug or alcohol use when the individual is arrested for these actions. Existing law requires the arrested individual to be informed that a refusal to submit to, or failure to complete, the required chemical testing may be used against the person in court and that the court, upon convicting the arrested individual, may impose increased penalties for his or her refusal or failure. This bill would instead require the arrested individual to be advised that a criminal complaint may be filed against him or her for operating a vessel or water-related device while under the influence of an alcoholic beverage or any drug, or both; that he or she has a right to refuse chemical testing; and that the officer has the authority to seek a search warrant compelling him or her to submit a blood sample. By imposing new duties on local peace officers, 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 these statutory provisions.

This measure would proclaim May 19, 2016, as Viral Hepatitis Awareness Day in California.

This measure would proclaim the week of May 15, 2016, to May 21, 2016, as Emergency Medical Services Week in California.

This measure would declare the month of May 2016 as Foster Care Month.

This measure would recognize June 12, 2016, as the 118th Anniversary of Philippine Independence and would call upon the people of the state to observe the month of June with appropriate ceremonies, programs, and activities.

This measure would proclaim the month of May 2016 as American Stroke Month in California.

This measure would designate June 22, 2016, as California Nonprofits Day and recognize the importance of nonprofit organizations to the economy and well-being of this state.