SB 52 (Stats. 2001, ch. 942) (Scott)
Commencing January 1, 2002, adds a $5 safety and enforcement fee to the existing $14 Dealers Record of Sale fee and $1 firearm safety fee, for a total consumer DOJ fee of $20 per firearm transaction. Multiple handgun transactions to a single individual are subject to a $20 fee for the first handgun and a $16 fee for each additional handgun. Firearms dealers must post this new fee along with the other required governmental fees (PC § 12076.5).
Effective January 1, 2003, replaces the Basic Firearm Safety Certificate (BFSC) Program with the Handgun Safety Certificate (HSC) Program. To obtain an HSC, an applicant must be at least 18 years of age and pass a written test administered by a DOJ-certified instructor. The DOJ is required to produce HSC instructional materials in English and in Spanish. Once an HSC is issued by a DOJ-certified instructor, it is valid for five years. Test applicants will be subject to a DOJ fee of $15 and a instructor service fee of up to $10, for a total HSC fee not to exceed $25. Prior to January 1, 2003, the maximum BFSC fee is $20 (PC §§12800-12808).
Effective January 1, 2003, provides that no firearms dealer may deliver a handgun unless the recipient has a valid HSC or is exempt (pursuant to PC section 12807) from the HSC requirement. The firearms dealer is required to retain a photocopy of the handgun recipient’s HSC as proof of compliance. Any firearms dealer who fails to comply may by removed from the Centralized List of Firearms Dealers and punished by imprisonment in a county jail not exceeding one year or in state prison, or by a fine not to exceed one thousand dollars ($1,000). With specified exceptions, any loan of a handgun requires that the recipient has a valid HSC. Failure to comply is a misdemeanor (PC §§ 12072(c)(5)(B)).
Effective January 1, 2003, provides that no firearms dealer may deliver a handgun without first requiring the recipient of that handgun to correctly and properly perform a safe handling demonstration with that handgun. The firearms dealer is required to retain an affidavit signed by himself/herself and the handgun recipient as proof of compliance. Failure to comply may result in removal of the firearms dealer from the Centralized List of Firearms Dealers. Persons who are exempt from the HSC requirement are also exempt from the safety handling demonstration requirements (PC § 12071(b)(8)).
Effective January 1, 2003, requires each person taking delivery of a firearm from a firearms dealer to provide his/her right thumbprint on the Dealers Record of Sale form (PC § 12077).
Effective January 1, 2003, requires each firearms dealer delivering a handgun to obtain proof of residency from the handgun recipient. Satisfactory proof of residency may include a utility bill from within the three months prior to the delivery, a residential lease, a property deed, military permanent duty station orders indicating assignment within this state, or other evidence of residency as permitted by the DOJ. The firearms dealer is required to retain the residency documentation as proof of compliance. Failure to comply may result in removal of the firearms dealer from the Centralized List of Firearms Dealers (PC § 12071(b)(8)(C)).
Effective January 1, 2003, requires all firearms dealers to report all Dealers Record of Sale transactions electronically via computer. Telephone reporting will no longer be an option. The DOJ will provide necessary equipment to firearms dealers for electronic reporting. The firearm recipient’s identification number, name, and date of birth will be obtained by running the recipient’s identification card or driver’s license through a magnetic strip reader. Exceptions will be made for military identification cards (PC § 12077).
