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HomeMy WebLinkAboutTC Agd Pkt 2016-01-20 (3)TOWN OF TIBURON Tiburon Town Hall 1505 Tiburon Boulevard Tiburon, CA 94920 AGENDA Tiburon Town Council January 20, 2016 Regular Meeting - 7:30 p.m. TIBURON TOWN COUNCIL CALL TO ORDER AND ROLL CALL Councilmember Doyle , Councilmember Fredericks, Councilmember O'Donnell, Vice Mayor Fraser, Mayor Tollini ORAL COMMUNICATIONS Persons wishing to address the Town Council on subjects not on the agenda may do so at this time. Please note however, that the Town Council is not able to undertake extended discussion or action on items not on the agenda. Matters requiring action will be referred to the appropriate Commission, Board, Committee or staff for consideration or placed on a future Town Council meeting agenda. Please limit your comments to three (3) minutes. CONSENT CALENDAR All items on the Consent Calendar may be approved by one motion of the Town Council unless a request is made by a member of the Town Council, public or staff to remove an item for separate discussion and consideration. If you wish to speak on a Consent Calendar item, please seek recognition by the Mayor and do so at this time. 1. Town Council Minutes - Adopt minutes of November 18, 2015 regular meeting (Town Clerk Crane Iacopi) 2. Town Council Minutes - Adopt minutes of December 2, 2015 regular meeting (Town Clerk Crane Iacopi) 3. Town Investment Summary -Adopt report for month ending November 30, 2015 (Director of Administrative Services Bigall) 4. Vacancies on Town Boards, Commissions and Committees - Announce pending vacancies in 2016 (Town Clerk Crane Iacopi) 5. Town Council Board and Committee Assignments - Adopt updated list of Town Council committees and board representation for 2016 (Mayor Tollini) 6. Administrative Fine Schedule — Adopt resolution updating the schedule of fines for violations of the Town Code enforced by administrative citation (Community Development Department) 7. Annual Development Fee Report — Receive annual report on the status of the Town's Development Impact Fees pursuant to the California Government Code (Community Development Department) 8. In -lieu Housing Fees — Receive required five-year report of the Town's In -Lieu Housing Fees and adopt resolution making the required findings pursuant to California Government Code (Community Development Department) 9. Stormwater Impact Fees — Receive required five-year report of the Town's Stormwater Impact Fees and adopt resolution making the required findings pursuant to California Government Code (Community Development Department) 10. Las Lomas Lane Pedestrian Easement — Consider acceptance of a Grant of Easement for Public Pedestrian Access from William and Susan Lukens over an undeveloped portion of Las Lomas Lane; property adjacent to Assessor Parcels 059-121-08, 059-122-56 and 57, in the vicinity of Centro West Street at Las Lomas Lane (Community Development Department) 11. Point Tiburon Bayside Stairs (Mar West Street near Las Lomas Lane) — Consider approval of an agreement for acquisition of a Public Pedestrian Easement over the Point Tiburon Bayside Condominium Association Common Area and for use and maintenance of a stairway leading down from Mar West Street to the Common Area; authorize Town Manager to execute the agreement; authorize a budget amendment for the easement purchase (Community Development Department) 12. Associate Civil Engineer position — Recommendation to reclassify vacant Engineering Technician position to Associate Civil Engineer (Department of Public Works/ Administrative Services Department) ACTION ITEMS 1. Golden Gate Bridge, Highway and Transportation District Route 8 — Receive report from GGBHTD Planning Director regarding commuter Route 8 bus service and commuter ferry service (Mayor Tollini) 2. Yellow School Bus Program — Consideration of future options for funding the Yellow School Bus Program and formation of a joint powers authority (Vice Mayor Fraser/Councilmember O'Donnell/Town Manager Chanis/Town Attorney Stock) 3. Regulation of Firearms — Discussion of options for the Tiburon Town Council to consider regarding amendments to Chapter 32 of the Town Code (Mayor Tollini/Vice Mayor Fraser) PUBLIC HEARINGS 1. 145 Rancho Drive — Request to amend Cypress Hollow Precise Development Plan (PD#45) to create a secondary building envelope (Community Development Department) Owners/Applicants: Rapport Investment Group, LLC Assessor Parcel No.: 034-392-10 2. 35-37-39 Lyford Drive — Request to amend 35-37-39 Lyford Drive Precise Development Plan (PD#35) and approve a condominium use permit (Community Development Department) Owners/Applicants: Richardson Bay Land Company Assessor Parcel No.: 058-301-49 TOWN COUNCIL REPORTS TOWN MANAGER REPORT WEEKLY DIGESTS • Town Council Weekly Digests December 4, 11 & 25, 2015 • Town Council Weekly Digests January 8 & 15, 2016 ADJOURNMENT GENERAL PUBLIC INFORMATION ASSISTANCE FOR PEOPLE WITH DISABILITIES In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Town Clerk at (415) 435- 7377. Notification 48 hours prior to the meeting will enable the Town to make reasonable arrangements to ensure accessibility to this meeting. AVAILABILITY OF INFORMATION Copies of all agenda reports and supporting data are available for viewing and inspection at Town Hall and at the Belvedere -Tiburon Library located adjacent to Town Hall. Agendas and minutes are posted on the Town's website, www.ci.tiburon.ca.us. Upon request, the Town will provide written agenda materials in appropriate alternative formats, or disability -related modification or accommodation, including auxiliary aids or services, to enable individuals with disabilities to participate in public meetings. Please send a written request, including your name, mailing address, phone number and brief description of the requested materials and preferred alternative format or auxiliary aid or service at least 5 days before the meeting. Requests should be sent to the Office of the Town Clerk at the above address. PUBLIC HEARINGS Public Hearings provide the general public and interested parties an opportunity to provide testimony on these items. If you challenge any proposed action(s) in court, you may be limited to raising only those issues you or someone else raised at the Public Hearing(s) described later in this agenda, or in written correspondence delivered to the Town Council at, or prior to, the Public Hearing(s). TIMING OF ITEMS ON AGENDA While the Town Council attempts to hear all items in order as stated on the agenda, it reserves the right to take items out of order. No set times are assigned to items appearing on the Town Council agenda. TOWN OF TIBURON ;-.. 1505 Tiburon Boulevard Tiburon, CA 94920 Town Council Meeting January 20, 2016 Agenda Item: A1-1 STAFF REPORT To: From: Subject: Reviewed By: Mayor and Members of the Town Council Office of the Town Manager Bus °,Y ute 8: Golden Gate Bridge, Highway and Transportation District J BACKGROUND The Golden Gate Bridge, Highway and Transportation District (GGBHTD) is studying the feasibility of taking over the commuter ferry service between Tiburon and San Francisco, currently operated by the Blue and Gold Fleet. As part of that analysis, GGBHTD is considering eliminating its Route 8 bus service to cover the cost of taking over the ferry service. According to the district, Route 8 has had low ridership for many years. The route currently serves residents of Belvedere, Tiburon and Mill Valley, carrying them to the San Francisco Financial District during commute hours. At the December 2, 2015 Town Council meeting, a resident spoke during public open time against the elimination of the route, and said the alternative proposed by GGBHTD — using the Tiburon Boulevard shuttle (Route 219) to reach Highway 101 to pick up San Francisco -bound buses — was neither convenient nor feasible. The speaker expressed concern that the elimination of Route 8 would force riders back into their cars, thereby adversely impacting traffic on Tiburon Boulevard. A petition from riders of Route 8 was submitted to the Council. The Belvedere City Council considered this matter at its December 14, 2015 meeting. After discussion, the Council authorized Mayor McAuliffe to send a letter to GGBHTD supporting the continuation of Route 8. Tiburon Mayor Tollini has asked representatives of GGBHTD to address the Tiburon Town Council on this matter in order to continue the discussion of the proposal and its possible impacts and solutions. The GGBHTD is conducting a public information session at the Belvedere - Tiburon Library tonight, between the hours of 6 and 8 p.m. The GGBHTD board will consider the matter at a public hearing on January 21, 2016. RECOMMENDATION Staff recommends that the Town Council hear a brief presentation from GGBHTD representatives and direct staff if it wishes to take any action on this matter. TOWN OF TIBURON PAGE 1 OF 2 Exhibit: Prepared By: Letter from Belvedere Mayor McAuliffe to GGHBTD Greg Chanis, Town Manager Town Council Meeting January 20, 2016 TOWN :NOFT1131'RON P,ige 2 of 2 December 14, 2015 CITY f ELVEDERE 450 San Rafael Ave. 0 Belvedere, CA 94920-2336 Tel: 415/435-3838 e Fax: 415/435-0430 DENNIS MULLIGAN GENERAL MANAGER GOLDEN GATE BRIDGE HIGHWAY & TRANSPORTATION DISTRICT PO BOX 9000, PRESIDIO STATION SAN FRANCISCO CA 94129-0601 Claire McAuliffe, Mayor RE: City of Belvedere Support for keeping GGBHTD Bus Route 8 Dear Mr. Mulligan, Belvedere is pleased that GGBHTD is studying the feasibility of taking over the BIue & Gold Fleet's commuter ferry service in Tiburon. We are concerned, however, with the suggestion that GGBHTD may redirect funds from Bus Route 8 to achieve this objective. Eliminating a viable public transportation option is counterproductive to the statewide goal of encouraging use of public transit and reducing carbon emissions. Currently, Bus Route 8 provides an alternative means of transportation from a single -occupancy vehicle for commuters in Belvedere and surrounding areas travelling to San Francisco. With a bus stop located inside Belvedere city limits at Beach Road and San Rafael Avenue, access to this service is within walking distance of most Belvedere neighborhoods. The City supports affordable and varied commuter transportation options between the Tiburon Peninsula and San Francisco, as well as transit options that ease congestion on local streets and roads. In fact, this year the City is subsidizing expanded school bus service on the Tiburon Peninsula, to encourage ridership at all grade levels and reduce peak hour traffic congestion on Tiburon Boulevard. As we have learned from our school bus project, in order to maximize the use of public transportation by consumers the service must be convenient, affordable and easy to use. Eliminating Route 8 would reduce options for residents and may also have the effect of exacerbating commute hour traffic congestion on Tiburon Boulevard. The City requests that, as you investigate providing ferry service in place of the Blue & Gold Fleet in Tiburon, you also prioritize maintaining the current bus routes serving our community. 1 )k6i46(-16' S'ncerely,'. Claire McAuliffe Mayor aluttul / -2o-ie TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 Town Council Meeting January 20, 2016 Agenda Item: Action Item/ STAFF REPORT To: From: Mayor and Members of the Town Council Office of the Town Manager Subject: Consider future options for funding the Yellow Bus Challenge Program and formation of a Joint Powers Authority (Vice Mayor Fraser/Councilmember O'nnell/Town Manager Chanis/Town Attorney Stock) Reviewed By: el , BACKGROUND In the current school year, a number of changes were made in the operation of the Yellow Bus Challenge Program (YBCP) including: Expanding the number of routes, clustering passengers by school, and subsidizing the cost of bus passes. These changes, along with the decision to stagger "bell times" at the schools, have resulted in increased ridership on buses serving the Reed Unified School District (RUSD) and reduced school -related traffic congestion on Tiburon Boulevard. A committee comprised of representatives and volunteers from the City of Belvedere (City), Town of Tiburon (Town) and RUSD (the Committee) meets regularly to oversee implementation of the YBCP, troubleshoot problems or issues, and develop a strategy to ensure the YBCP continues and improves in the future. Although the Committee feels this year's experience has been positive, it has identified a number of areas in need of improvement. These areas include: • Performance of the current service provider, who has been unable to consistently provide the level of service required for a successful operation. • Administrative management of the YBCP, which has placed an unanticipated burden on RUSD staff. • Streamlining of the bus pass purchasing process and improved access to information about the YBCP. • Long-term funding of the YBCP. The Committee has also developed a list of recommendations, which if implemented, will allow the YBCP to better serve the users of the service and partner agencies in the future. These recommendations include: • Develop a bus pass purchasing platform that creates efficiencies, streamlines administration and improves the flow of YBCP information to families and staff. Due to the timelines associated with the goal of having passes for the 2016-2017 school year available for sale in April/May 2016, this work needs to be completed in the first quarter of 2016, which makes it an expense in the current fiscal year. TOWN OF TIBURON PAGE 1 OF 3 Town Council Meeting Januar), 20, 2016 • Create a Joint Powers Authority (JPA), initially comprised of the Town, City and RUSD, to establish, operate and maintain a school bus system to mitigate traffic congestion during RUSD bell times. A draft agreement to establish the proposed JPA is attached hereto as Exhibit 1. Once established, the Committee recommends the JPA consider the following actions: o Solicit proposals from qualified companies to provide bus service beginning in the 2016-2017 school year. o Recruit and hire administrative staff to coordinate the YBCP. o Explore options for identifying and securing a permanent source of funding (In addition to bus pass sales) for the program, including investigating the possibility of seeking a voter -approved parcel tax. o Study the potential benefits of inviting the Town of Corta Madera and County of Marin to join the JPA in the future. FINANCIAL IMPACT The fiscal impact of operating the YBCP should be looked at by fiscal year. Fiscal/School Year 2015-2016 (Current) In the current fiscal year, the estimated total cost to operate the YBCP is $576,500. This figure assumes the program will continue next year and therefore, includes expenses to ensure the program transitions smoothly into its second year, including the cost of developing and implementing a new web -based bus pass purchasing platform. Bus pass sales currently total approximately $271,000, leaving a balance of approximately $305,000 to be funded by other sources (Program Subsidy). The Town of Corte Madera contributed $25,000 to the Program Subsidy this year, which leaves approximately $280,000 to be funded by the Town and City. Based on the agreed upon 80/20 percent split, the City is responsible for approximately $56,000 of the Program Subsidy, leaving the Town responsible for approximately $224,000. In the Fiscal Year 2015-2016 Town Operating Budget, the Council approved $250,000 to be used to support the YBCP. Fiscal/School Year 2016-2017 The Council is being asked to consider the formation of a Joint Powers Authority (JPA) to operate the YBCP in Fiscal/School Year 2016-2017, but even if a JPA is formed, the YBCP will require at least one more year of Program Subsidy to operate in the coming year. The preliminary estimated cost to operate the YBCP for the 2016-2017 Fiscal/School Year is approximately $810,000. The significant increase over the current year's cost can be attributed primarily to three factors: The higher cost of contracting with a new transportation provider, the cost of hiring part-time staff to administer the program, and an optional one time cost to outfit the buses with GPS mobile data technology, allowing users to receive real time information on bus location, schedule etc. In terms of revenue, we are estimating $378,000 in bus pass sales, which would leave an estimated unfunded Program Subsidy of approximately $432,000. If Corta Madera again contributes $25,000, a $407,000 Program Subsidy would remain. Based on the same 80/20 split , the City and Town would be responsible for approximately $81,400 and $325,600 respectively. On January 11, 2016, the Belvedere City Council authorized City staff to include in the Fiscal Year 2016-2017 Proposed Operating Budget, funds to support the YBCP. Tei\vN OFTIM IRON Paas 2 of 3 Town Council Meeting January 20, 2016 RECOMMENDATION Staff recommends the Town Council: 1. Reaffirm the Town's support of the Yellow Bus Challenge Program and continued participation on the Yellow Bus Challenge 2.0 Committee and, 2. Review the Draft "Joint Powers Agreement to establish, operate and maintain a school bus system to reduce traffic" and provide direction to the Town Manager, who will work with representatives from Belvedere and the Reed Union School District to finalize the document for Town Council consideration at the February 17, 2016 Town Council meeting and, 3. Direct staff to include, for Town Council consideration, an appropriation in the Fiscal Year 2016-2017 Town Operating Budget, to subsidize the Yellow Bus Challenge program in School Year 2016-2017. Exhibits: Prepared By: 1) Tiburon Boulevard Joint Powers Authority: Joint Powers Agreement To Establish, Operate, and Maintain a School Bus System to Reduce Traffic Greg Chanis, Town Manager TOWN OFTIBUR(ON Page 3 of 3 TIBURON BOULEVARD JOINT POWERS AUTHORITY JOINT POWERS AGREEMENT TO ESTABLISH, OPERATE AND MAINTAIN A SCHOOL BUS SYSTEM TO REDUCE TRAFFIC THIS JOINT POWERS AGREEMENT (the "Agreement") is entered into this _ day of , 2016, by and among the Town of Tiburon, the City of Belvedere, and the Reed Union School District (each a "Member Agency" and collectively, the "Member Agencies") pursuant to the Joint Exercise of Powers Law (Articles 1 through 4 [commencing with Section 6500] of Chapter 5, Division 7, Title 1 of the California Government Codes, as now or hereafter amended (the "Act")) for the purposes of providing traffic relief along Tiburon Boulevard by operating and maintaining school bus service for the students of Reed Union School District. RECITALS This Agreement is entered into on the basis of the following facts, understandings, and intentions of the Member Agencies: WHEREAS, California Government Code section 6502 provides that two or more public agencies, by agreement, may jointly exercise any power common to the contracting parties; and WHEREAS, the Member Agencies each have and possess the power to provide bussing services and to hire private contractors to provide bussing services; and WHEREAS, the Member Agencies desire to join together for the purpose of providing traffic relief along Tiburon Boulevard by operating and maintaining bus service for the students of Reed Union School District. NOW, THEREFORE, it is agreed by and between the Member Agencies hereto as follows: OAK #4812-2470-0460 vl 1 ARTICLE 1 CREATION OF THE AUTHORITY 1.1 Creation. Pursuant to Government Code sections 6500 et seq., there is hereby created a public entity to be known as the "Tiburon Boulevard Bus Joint Exercise of Powers Authority" ("Authority"). It is the intent of the Member Agencies that the Authority shall be a public agency separate from the Member Agencies. 1.2 Member Agencies. The Member Agencies currently include the Town of Tiburon, the City of Belvedere, and Reed Union School District. ARTICLE 2 PURPOSES AND POWERS 2.1 Purpose. The purpose of this Agreement is to enable the Member Agencies, through power common to each of them, to provide traffic relief along Tiburon Boulevard by operating and maintaining school bus service for the students of Reed Union School District. 2.2 Powers. The Authority shall have the authority to exercise any power common to all of the Member Agencies as authorized by the law. The Authority is hereby authorized to do all acts necessary for the exercise of these common powers, including, but not limited to, any of the following: 2.2.1 To make and enter into contracts, leases, and other agreements; 2.2.2 To incur debts, liabilities, and obligations; 2.2.3 To acquire, hold and dispose of property to the full exercise of its powers; 2.2.4 To employ agents, employees, consultants, advisors, independent contractors and other staff; 2.2.5 To sue and be sued in its own name, provided that the Authority shall not commence or intervene in any lawsuit without the approval of all of the Member Agencies; 2.2.6 To raise revenue, to levy and collect taxes, fees and charges, and to issue bonds, notes, warrants, and other evidence of indebtedness to finance costs and expenses incidental to the purpose of the Authority; 2.2.7 To apply for, accept and receive, federal or local licenses, permits, grants, loans, or other aid from any agency of the United States of America, the State of California, or other public or private entities necessary or convenient for the Authority's full exercise of its powers; OAK #4812-2470-0460 v 2 2.2.8 To perform all acts necessary or proper to carry out full the purposes of this Agreement; 2.2.9 To insure itself and the parties from loss, liability, and claims arising out of or in any way connected with the performance of this Agreement; and 2.2.10 To invest any money in the treasury pursuant to Government Code section 6505.5, that is not required for the immediate necessities of the Authority, as the Authority determines advisable, in the same manner and upon the same conditions as local agencies pursuant to Government Code section 53501. 2.3 Obligations of the Authority. No debt, liability or obligation of the Authority shall be a debt, liability or obligation of any Member Agency. 2.4 Restriction. To the extent required under Government Code section 6509, the manner in which the Authority exercises its powers shall be restricted in the same manner in which the Town of Tiburon is restricted in its exercise of similar powers. 2.5 Privileges and Immunities. All of the privileges and immunities from liability, exemptions from laws, ordinances and rules, all pension, relief, disability, workmen's compensation, and other benefits which apply to the activity of officers, agents or employees of any of the Member Agencies when performing their respective functions shall apply to them to the same degree and extent while engaged in the performance of any of their functions and duties under this Agreement. ARTICLE 3 GOVERNING BODY 3.1 Board of Directors. This Agreement and the Authority created hereby shall be administered by the governing body of the Authority, which shall be known as the "Board of Directors of the Tiburon Boulevard Bus Joint Exercise of Powers Authority" (the "Board"). All of the power and authority of the Authority shall be exercised by the Board. 3.2 Membership. Each Member Agency shall designate and appoint one member of its governing body to act as its representative on the Board and the City of Belvedere and the Town of Tiburon shall additionally each designate their City Manager and Town Manager as an additional representative on the Board (each, a "Director"). Each Director shall have one vote. Each Director shall serve at the pleasure of the Member Agency that appointed the Director, and may be removed at any time, with or without cause, in the sole discretion of the appointing Member Agency. ARTICLE 4 CONDUCT OF MEETINGS 4.1 Regular Meetings. Regular meetings of the Board shall be held at such times and places as the Board may fix by resolution from time -to -time. OAK #4812-2470-0460 vl 3 4.2 Special Meetings. Special Meetings of the Board may be called in accordance with the provisions of Government Code section 54956. 4.3 Call, Notice and Conduct of Meetings. All meetings of the Board, including without limitation, regular, adjourned regular and special meetings, shall be called, noticed, held, and conducted in accordance with the provisions of the Ralph M. Brown Act, Government Code sections 54950 et seq. 4.4 Minutes. The Secretary shall cause minutes to be kept of the meetings of the Board, and shall, as soon as possible after each meeting, cause a copy of the minutes along with copies of all ordinances and resolutions to be forwarded to each Director and to each of the Member Agencies. 4.5 Quorum, Required Votes; Approvals. Any action of the Board shall require the affirmative vote of a majority of the entire voting membership of the Board (currently three (3) votes); provided however, that amendment or termination of this Agreement shall require approval by the governing body of each Member Agency. 4.6 By-laws. The Board may adopt, from time -to -time, such rules and regulations for the conduct of its affairs as may be required. 4.7 Conflict of Interest Code. As required by the Political Reform Act, Government Code section 81000, et seq., the Board shall adopt and promulgate a conflict of interest code substantially similar to the standard conflict of interest code promulgated, and from time -to -time amended, by the Fair Political Practices Commission in 2 California Code of Regulations Section 18730. ARTICLE 5 OFFICERS 5.1 Chair. The Board shall elect from its membership a Chair who shall perform the duties customary to said office. The Chair may sign contracts on behalf of the Authority, and shall perform such other duties as may be imposed by the Board. 5.2 Vice -Chair. The Board shall elect from its membership a Vice -Chair. In the absence of the Chair, the Vice -Chair shall perform the duties of the Chair and shall perform all duties customary to such office. 5.3 Secretary. The Authority shall have a Secretary who need not be a Director and who shall be selected by the Board and shall perform all duties customary to such office. 5.4 Auditor/Treasurer. Pursuant to Government Code section 6505.5 and 6505.6, the _ of [one of the Members] is designated as the Treasurer/Auditor of the Authority. The Treasurer/Auditor shall be the depository, shall have custody of all of the accounts, funds and money of the Authority from whatever source, shall have the duties and obligations set forth in Government Code sections 6505 and 6505.5, and shall assure strict accountability of all funds and reporting of all receipts and disbursements of the Authority. As OAK #4812-2470-0460 vl 4 provided in Government Code section 6505 and 6505.6, the Treasurer/Auditor shall make arrangements with a certified public accountant or firm of certified public accountants for an annual independent audit of accounts and records of the Authority. 5.5 Official Bonds. The Board shall require officers, employees, and agents of the Authority to file official bonds to the extent required by Government Code section 6505.1. 5.6 Removal and Reappointment. Unless otherwise expressly stated, all officers of the Authority shall serve at the pleasure of the Board. However, nothing in this paragraph shall authorize the Board to appoint or dismiss a Director. 5.7 Other Officers. The Board shall have the power to appoint such additional officers as may be appropriate. 5.8 Term. The term of each office shall be a maximum of two years. It shall be the policy of the Board to encourage the rotation of the offices among Board members. ARTICLE 6 CONTRIBUTIONS; ACCOUNTS AND REPORTS; FUNDS 6.1 Contributions. Each of the Member Agencies may in the appropriate circumstance when required hereunder: (1) make contributions from their treasuries for the purposes set forth herein; (2) make payments of public funds or private funds to defray the costs of such purposes; (3) make advances of public funds for such purposes, such advances to be repaid as provided in Section 6.2; or (4) use its personnel, equipment or property in lieu of contributions or advances. 6.2 Repayment of Advances. Advances of public funds extended to the Authority by any Member Agency shall be repaid on such terms and conditions as provided by the Board and agreed to by the governing body of such Member Agency. 6.3 Revenue Bonds. The Authority shall have the power and authority to issue Revenue Bonds in accordance with State Law, including Government Code sections 6540 et seq. and the Marks -Roos Local Bond Pooling Act of 1985 (Government Code section 6584 et seq.). 6.4 Accounts and Reports. The Treasurer/Auditor shall establish and maintain such funds and accounts as may be required by any applicable laws or regulations, good accounting practice, or by any provision of any trust agreement entered into with respect to the proceeds of any bonds issued by the Authority. In particular, the Treasurer of the Authority shall strictly comply with the requirements governing joint powers agencies, Government Code sections 6500 et seq. The books and records of the Authority in the hands of the Treasurer/Auditor shall be open to inspection at all reasonable times by representatives of the Member Agencies. The Treasurer/Auditor, within 120 days after the close of each fiscal year, shall give a complete written report of all financial activities for such fiscal year to the Member Agencies. OAK #4812-2470-0460 vl 5 6.5 Fiscal Year. The fiscal year of the Authority shall be from July 1 of one year to June 30 of the following year, or any other twelve-month period hereafter designated by the Board by resolution. 6.6 Right to Audit. Each Member Agency shall have the right to audit the records and accounts of the Authority, the cost and expense of which shall be borne by the Member Agency seeking such audit. ARTICLE 7 ADMISSION, WITHDRAWAL, AND TERMINATION 7.1 Admission. The Member Agencies recognize that Public Entities, as defined by Government Code section 6500, other than the original Members Agencies, may wish to participate in the Authority. Additional public entities may become parties to this Agreement on such terms and conditions as provided by the Board and with the consent of the governing bodies of each of the existing Member Agencies, evidenced by the execution of a written addendum to this Agreement, and signed by all of the Member Agencies including the additional party. Provided, however, that the County of Marin and/or the City of Corte Madera may become parties to this Agreement with the unanimous consent of the existing members of the Board, and with the consent of the governing bodies of the County of Marin or the City of Corte Madera, evidenced by the execution of a written addendum to this Agreement, and signed by the Director of each Member Agency and by the County of Marin or the City of Corte Madera. 7.2 Withdrawal. The withdrawal of any Member Agency, either voluntary or involuntary, shall be conditioned as follows: 7.2.1 Any Member Agency may withdraw from this Agreement by providing six (6) months written notice of such withdrawal to the Authority and to all Member Agencies; 7.2.2 Withdrawal shall not relieve the Member Agency of its proportionate share of any debts or other liabilities incurred by the Authority prior to the effective date of the Member Agency's notice of withdrawal; and 7.2.3 The withdrawal of any Member Agency from the Authority shall not terminate this Agreement or the Authority. 7.3 Termination. This Agreement may be terminated at any time upon the unanimous approval of the governing bodies of all Member Agencies. Upon such termination, the Authority, to the extent of the assets thereof, shall continue to be responsible for claims arising out of its operations prior to termination. No assets of the Authority shall be divided among or returned to the Member Agencies until all outstanding obligations of the Authority have been resolved or discharged. Thereafter, all assets of the Authority shall be returned to the Member Agencies in proportion to the contributions made. ARTICLE 8 MISCELLANEOUS OAK #4812-2470-0460 vl 6 8.1 Notices. Any notices required by or given pursuant to this Agreement shall be in writing and shall be delivered to each of the Member Agencies at the business offices listed below or at such other address as any party may specify in the writing to the Authority: Town of Tiburon Attn: Town Attorney 1505 Tiburon Boulevard Tiburon, CA 94920 City of Belvedere Attn: City Attorney 450 San Rafael Ave. Belvedere, CA 94920-2336 Reed Union School District Attn: 277 A Karen Way Tiburon, CA 94920 8.2 Complete Agreement. The foregoing constitutes the full and complete Agreement of the Member Agencies. There are no oral understandings or agreements not set forth in writing herein. 8.3 Governing Law. This Agreement shall be deemed to have been made and shall be construed and interpreted in accordance with the laws of the State of California. 8.4 Headings. The section headings herein are for convenience only, and are not to be construed as modifying or governing language in the section. 8.5 Amendments. This Agreement may be amended from time -to -time in writing by unanimous action of the Member Agencies; provided, however, that any such amendment shall take into consideration the holders of any revenue bonds or other forms of indebtedness. 8.6 Severability. If any one or more of the terms, provisions, promises, covenants or conditions of this Agreement shall to any extent be adjudged invalid, unenforceable, void or voidable, for any reason whatsoever by a court of competent jurisdiction, each and all of the remaining terms, provisions, promises, covenants, and conditions of this Agreement shall not be affected thereby and shall be valid and enforceable to the fullest extent permitted by law. 8.7 Successors. This Agreement shall be binding upon and shall inure to the benefit of the successors of the Member Agencies. The Member Agencies may not assign any right or obligation hereunder without the written consent of the other Member Agencies to this Agreement. 8.8 Execution in Counterparts. This Agreement may be executed on behalf of the respective Member Agencies in one or more counterparts, all of which collectively shall constitute one document and agreement. OAK #4812-2470-0460 vl 7 8.9 Effective Date. This Agreement shall take effect upon its execution on behalf of the later of the Member Agencies to do so. IN WITNESS HEREOF, the Member Agencies have caused this Agreement to be executed and attested by their proper officers thereunto duly authorized, on the day and year set opposite the name of each Member Agency. Signatures on Following Page OAK #4812-2470-0460 vl 8 TOWN OF TIBURON By: CITY OF BELVEDERE By: , , Dated: , 2016 Dated: , 2016 APPROVED AS TO FORM: APPROVED AS TO FORM: Benjamin L. Stock, Town Attorney Robert Epstein, City Attorney REED UNION SCHOOL DISTRICT By: Dated: , 2016 APPROVED AS TO FORM: OAK #4812-2470-0460 vl 9 TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 Town Council Meeting January 20, 2016 Agenda Item: A zr _ 3 STAFF REPORT To: From: Subject: Reviewed By: Mayor and Members of Town Council Town Manager Discussion Regarding Amendments to Chapter 32 of the Tiburon MurjFipal Code SUMMARY In reaction to increased mass shootings throughout this country, a number of local jurisdictions have considered and enacted various measures relating to firearms. The Town has previously enacted Chapter 32 in the Municipal Code addressing firearms. Chapter 32 addresses several areas of concern, including, (a) firearm dealer's requirement to obtain a permit from the Town for selling firearms, (b) recordkeeping for ammunition sales, and (c) the discharging of air rifles and firearms within Town limits. The Town may wish to consider adding additional measures to Chapter 32, and this matter now comes to the Town Council for direction on whether to proceed with further amendments to Chapter 32. ANALYSIS Under the California Constitution, the Town has the authority to regulate all things that are injurious to the public welfare, and firearms have been interpreted to be a proper item for regulation. While the Second Amendment of the U.S. Constitution and California State law preempt certain areas for regulation, California cities have the ability to regulate other areas that are not preempted by the State. Consistent with the authority referenced above, the Town of Tiburon enacted Chapter 32 regulating three issues surrounding firearms. A copy of Chapter 32 is attached hereto as Exhibit 1. First, the Chapter requires firearm dealers to apply annually for a permit to sell, lease or transfer firearms. As part of that permit application, the applicant must supply certain information and verifications in order to obtain any such Town pen -nit. Second, the Chapter requires every holder of a business license to sell ammunition to maintain records pertaining to the ammunition sales. The records require certain personal information about the buyer of ammunition and the amounts and types of ammunition bought on the licensed premise. Finally, the Chapter regulates the discharge of both a firearm and air rifle. In regards to air rifles, subject to certain exceptions, the Chapter prohibits discharge of any air rifle within five hundred feet of any structure or the street. In regards to firearms, subject to certain exceptions, the Chapter prohibits any person from TOW \ c ;t- Tu; .c�\ Pic [ (14 'T'own Council Meeting January 20, 201 discharging firearms anywhere within the Town limits. Additionally, the Chapter prohibits any person from possessing any firearm on any land belonging to another without written permission. As a result of recent mass shootings that have occurred throughout this country and our state, some local jurisdictions have begun reviewing their regulations to determine whether there are additional measures that can be enacted at a local level to address the increase in gun violence. Most California cities that have considered further regulation have focused on regulations in the following areas: 1. Possession of large capacity magazines. 2. Reporting requirements for lost or stolen firearms. 3. Requirements for the safe storage of firearms. 4. Further regulating firearm dealers. Large Capacity Magazines In regards to the possession of large capacity magazines, in 1994, Congress adopted a law prohibiting the transfer and possession of large capacity magazines as part of the federal assault weapon ban. That law was enacted with a sunset clause, however, providing for its expiration after ten years. Congress allowed the federal ban to expire on September 13, 2004. Since January 1, 2000, California law has, with lirnited exceptions, prohibited any person from manufacturing, importing into the state, keeping for sale, offering or exposing for sale, giving, or lending any large capacity magazine. California does not currently ban the possession of large capacity magazines. Large capacity magazines can hold up to 100 rounds of ammunition, and magazines with a capacity of more than 10 rounds of ammunition are generally considered to be "large capacity" magazines. While large capacity magazines are typically associated with semi-automatic assault weapons or machine guns, such devices are generally available for any semi-automatic firearm that accepts a detachable magazine. In 2013, the City of Sunnyvale and the City and County of San Francisco both adopted ordinances prohibiting the possession of large capacity magazines. A copy of Sunnyvale's Ordinance is attached hereto as Exhibit 2. A legal challenge to the Sunnyvale ordinance was unsuccessful, and subsequently, the cities of Los Angeles and Oakland enacted similar bans. Lost or Stolen Firearm Reporting Requirements Local jurisdictions are also considering regulations relating to mandatory reporting of lost or stolen firearms. Federal and California laws currently require licensed firearms dealers, but not gun owners, to report the loss or theft of firearms. Local govermnents in California with reporting laws include San Francisco, Sacramento, Oakland, Berkeley, Los Angeles, West Hollywood, Thousand Oaks, Simi Valley, Sunnyvale and Port Hueneme. Jurisdictions that have -1-[.-1\v, 01, l'fB17R,'N Pap,e Pit2 ci 3 Town Council \ ccringy January 20, 2016 imposed this type of reporting requirement have adopted findings that conclude that the reporting requirements are useful for law enforcement investigatory purposes. Firearm Storage Regulations Local jurisdictions, including Sunnyvale, Los Angeles, Oakland and San Francisco, have also considered and adopted requirements mandating that any firearm be kept securely in a locked container or disabled with a trigger lock in any residence. These ordinances also provide certain exceptions, including that the firearm does not need to be kept in safe storage if the weapon is carried on a person over the age of 18. San Francisco's ordinance was unsuccessfully challenged, and other jurisdictions have replicated this prohibition. A copy of San Francisco's Safe Storage Law is attached hereto as Exhibit 3. Further Regulation Regarding Firearm Dealers Finally, local jurisdictions are now considering requiring that firearm dealers also videotape all transactions in order to assist law enforcement. The Town already regulates firearm dealers and requires them to obtain a permit prior to operating in the Town. Therefore, should the Town require videotaping, the Town could amend this Chapter and add this requirement to the conditions of approval. The Council may also wish to consider amending the Town's municipal code to clearly articulate that both firearm and ammunition dealers only be permitted within the commercial zones of the Town, and that either activity is prohibited anywhere but in the Town's commercially designated zones. Other issues for the Council to consider is should the State decide to enact legislation covering any of these above referenced topics, the Town's regulations would become obsolete and would be repealed. Recently, Lt. Governor Gavin Newsom announced that he is sponsoring the "Safety for All" ballot initiative that will appear on the 2016 California ballot. A copy of this initiative is attached hereto as Exhibit 4. This initiative will seek instant background checks for purchases of ammunition, strengthen background checks for gun purchases, prohibit possession of large capacity magazines, require reporting of lost or stolen guns, and require the immediate surrender of firearms for people convicted of certain crimes. If this initiative passes, it will likely preempt consideration of items 1 and 2 referenced above. The Council may choose to direct staff to bring back a Resolution supporting the statewide initiative. RECOMMENDATION Staff recommends that the Town Council accept public comment and direct staff on any further action. EXHIBITS 1. Town Municipal Code, Chapter 32 2. Sunnyvale Ordinance 3. San Francisco Ordinance 4. Safety For All Ballot Initiative Prepared By: Greg Chanis, Town Manager TOWN f,FZ1BIIRON 1'_i;c 3,,t 3 Chapter 32 REGULATION OF FIREARMS Sections: Article I. Regulation of Firearms Dealers 32-1 Definition of firearm. 32-2 Definition of firearm dealer. 32-2A Definition of police—Chief— Sheriff. 32-3 Chief's permit required. 32-4 Application. 32-5 Investigation by chief. 32-6 Conditions of approval. 32-7 Requirement of a secured facility. 32-8 Liability insurance. 32-9 Issuance of permit issued by chief—Duration. 32-10 Grounds for permit denial. 32-11 Grounds for permit revocation. 32-12 Hearing for permit denial or revocation. 32-13 Nonassignability. 32-14 Compliance by existing dealers. 32-15 Record of ammunition sales. 32-16 Penalty. Article II. Repealed Article III. Restrictions on the Use of Air Rifles and Other Firearms 32-25 Air rifles—Restrictions on use. 32-26 Firearms—Discharge— Trespass with. Article I. Regulation of Firearms Dealers 32-1 Definition of firearm. "Firearm" means any device, designed to be used as a weapon or modified to be used as a weapon, from which a projectile is expelled through a barrel by force of explosion or other means of combustion. (Ord. No. 453 N.S., § 1 (part)) 32-1 32-2 Definition of firearm dealer. "Firearm dealer" and "licensee", as used in this article, means any person licensed to sell, lease or transfer firearms pursuant to California Penal Code Section 12071(a)(1). (Ord. No. 453 N.S., § 1 (part)) 32-2A Definition of Police—Chief— Sheriff. "Police" or "police department" as used in this chapter shall mean the Town of Tiburon Police De- partment. "Chief" as used in this chapter shall mean the chief of police or his designee. "Sheriff' used in this chapter shall mean the Marin County sheriff or his designee. (Ord. No. 453 N.S., § 1 (part)) 32-3 Chief's permit required. It is unlawful for any firearms dealer to sell, lease or transfer firearms without a permit issued by the chief. (Ord. No. 453 N.S., § 1 (part)) 32-4 Application. (a) An applicant for a permit or renewal of a permit under this chapter shall file with the chief an application in writing, signed under penalty of per- jury, on a form prescribed by the town. The applicant shall provide all relevant information requested to demonstrate compliance with this chapter including: (1) The name, including any aliases or prior names, age and address of the applicant; (2) The applicant's Federal Firearms License and California Firearms Dealer numbers; (3) The address of the proposed location for which the permit is required, together with the busi- ness name, and the name of any corporation, partner- ship or association that has ownership in, or control over, the business, if any; (4) The names, ages and addresses of: (A) All persons who will have access to or con- trol of workplace firearms, including but not limited to, the applicant's employees, agents and/or supervi- sors, if any; (5) Proof of a possessory interest in the property at which the proposed business will be conducted in the form of ownership, lease, license or other enti- 272-1 32-4 tlement to operate at such location and the written consent of the owner of record of the real property; (6) A floor plan of the proposed business, which illustrates the applicant's compliance with security provisions as outlined in Section 32-7 of this chapter; (7) Proof of compliance with town zoning re- quirements at the proposed location by presentation of a zoning clearance letter from the planning direc- tor of the Town of Tiburon or his designee. The planning department may adopt an appropriate fee to implement this requirement; (8) Proof of compliance with all federal and state licensing laws; (9) Information relating to every license or per- mit to sell, lease, transfer, purchase, or possess fire- arms sought by the applicant from any jurisdiction in the United States, including, but not limited to, the date of application; whether each application resulted in the issuance of a license and the date and circum- stances of any revocation or suspension; (10) Information relating to every revocation of a license or permit relating to firearms, including, but not limited to, date and circumstances of the revoca- tion; (11) Applicant's agreement to indemnify, defend and hold harmless the town, its officers, agents and employees from and against all claims, losses, costs, damages and liabilities of any kind, including attor- ney fees arising in any manner out of the applicant's negligence or intentional or willful misconduct; (12) Certification of satisfaction of insurance re- quirements; (13) The date, location, and nature of all criminal convictions of the applicant, if any, in any jurisdic- tion in the United States. (b) The application shall be accompanied by a nonrefundable fee of twenty-five dollars for adminis- tering this chapter. The fee may be increased by reso- lution of the town council upon evidence of the ac- tual cost of administering the application. The coun- cil finds that the twenty-five dollar fee is reasonable and proper for administering this chapter and, in fact, represents a fraction of the cost that will be incurred by the police in processing the application. (Ord. No. 453 N.S., § 1 (part)) (Tiburon Supp. No. 3.3-04) 32-5 Investigation by chief. The chief shall conduct an appropriate investiga- tion of the applicant to determine for the protection of the public safety whether the permit may be is- sued. The chief shall require an applicant, or any of- ficer, agent or employee thereof, that will have ac- cess to or control of firearms to provide fingerprints, a recent photograph, a signed authorization for the release of pertinent records, a complete personal his- tory set forth on a questionnaire provided by the chief, and any other additional information which the chief considers necessary to complete the investiga- tion. (Ord. No. 453 N.S., § 1 (part)) 32-6 Conditions of approval. In addition to other requirements and conditions of this chapter, a permit by the chief is subject to the following conditions, the breach of any of which is sufficient cause for revocation of the permit by the chief: (a) The business shall be carried on only in the building located at the street address shown on the permit. This requirement, however, does not prohibit the permittee from participating in a gun show or event that is authorized by federal, state and local law upon compliance with that law and upon compliance with any Town of Tiburon ordi- nance regulating the permissible locations of gun shows; (b) The chief's permit or a certified copy of it shall be displayed on the premises and at gun shows where it can be easily seen; (c) The applicant shall not permit any person under eighteen years of age to enter or remain within the premises without being accompanied by the par- ent, grandparent, or legal guardian for the minor child where the firearm sales activity is the primary business performed at the site. (Ord. No. 453 N.S., § 1 (part)) 272-2 32-7 Requirement of a secured facility. Firearms dealers must comply with California Penal Code Section 12071(b)(14) which provides: At any time the licensee is not open for business, the licensee shall store all firearms kept in his or her licensed place of business using one of the follow- ing methods as to each particular firearm: (a) Store the firearm in a secure facility as de- fined by Penal Code Section 12071(c)(3) that is part of, or that constitutes, the licensee's business prem- ises; (b) Secure the firearm with a hardened steel rod or cable of at least one-eighth inch in diameter through the trigger guard of the firearm. The steel rod or cable shall be secured with a hardened steel lock that has a shackle. The lock and shackle shall be protected or shielded from the use of a bolt cutter and the rod or cable shall be anchored in a manner that prevents the removal of the firearm from the premises. (c) Store the firearm in a locked fireproof safe or vault on the licensee's premises. (Ord. No. 453 N.S., § 1 (part)) 32-8 Liability insurance. (a) No permit issued by the chief shall be issued or reissued unless there is in effect a policy of in- surance in a form approved by the town and exe- cuted by an insurance company approved by the town, whereby the applicant is insured against li- ability for damage to property and for injury to or death of any person as a result of the sale, lease or transfer or offering for sale, lease or transfer of a firearm. The minimum liability limits shall not be less than one million dollars for each incident of damage to property or incident of injury or death to a person; provided, however, that increased limits of liability may be required by the town attorney if deemed appropriate in his or her sole discretion. (b) The policy of insurance shall contain an en- dorsement providing that the policy shall not be canceled until notice in writing has been given to the town manager at least thirty days prior to the time the cancellation becomes effective; 272-3 32-7 (c) Upon expiration of a policy of insurance and if no additional insurance is obtained immediately, the permit is considered canceled without further notice. (Ord. No. 453 N.S., § 1 (part)) 32-9 Issuance of permit issued by chief—Duration. (a) The police department may grant a chiefs permit to the applicant if it finds that the applicant complies with all applicable federal, state and local laws including but not limited to, the State Penal Code, Town Building Code, fire, zoning and plan- ning codes; (b) A permit issued by the chief expires one year after the date of issuance. A permit may be renewed for additional one-year periods upon the permittee's submission of an application for renewal, accompa- nied by a nonrefundable twenty-five dollar renewal fee. The renewal application and the renewal fee must be received by the police department no later than forty-five days before the expiration of the cur- rent permit; (c) A decision regarding issuance or renewal of a permit may be appealed in the manner provided pursuant to Section 32-12. (Ord. No. 453 N.S., § 1 (part)) 32-10 Grounds for permit denial. The chief shall deny the issuance or renewal of a chiefs permit when one or more of the following conditions exist: (a) The applicant has not complied with the re- quirements of this chapter or, has violated the pro- visions of Section 32-20 of the municipal code per- taining to prohibited activity in connection with the sale, display or transfer of "Saturday night spe- cials"; (b) The applicant, or any officer, employee or agent thereof who will have access to and control of firearms is under twenty-one years of age; (c) The applicant is not licensed as required by federal and state law; (d) The applicant or any officer, employee or agent thereof who will have access to or control of firearms has had a license or firearms permit to sell, (Tiburon 9-02) 32-10 lease, transfer, purchase or possess from any jurisdiction in the United States revoked, suspended or denied for good cause within the immediately preceding five years; (e) The applicant or any officer, employee or agent thereof who will have access to or control over firearms has made a false or misleading state- ment of a material fact or omission of a material fact in the application for a police permit. If a per- mit is denied on this ground, the applicant is prohib- ited from reapplying for a permit for a period of five years; (f) The applicant or any officer, employee or agent thereof who will have access to or control over firearms has been convicted of: (1) An offense which disqualifies that person from owning or possessing a firearm under federal, state and local law, including, but not limited to, the offenses listed in Penal Code section 12021; (2) An offense relating to the manufacture, sale, possession, use or registration of a firearm or dangerous or deadly weapon; (3) An offense involving the use of force or vio- lence upon the person of another with a deadly weapon; (4) Any felony, misdemeanor burglary or mis- demeanor fraud; (5) An offense involving the manufacture, sale, possession or use of a controlled substance as de- fined by the State Health and Safety Code. (g) The applicant or any officer, employee or agent thereof who has control over firearms is within a class of persons defined in Welfare and Institutions Code Sections 8100 or 8103; (h) The applicant or any officer, employee, or agent thereof who has control over firearms is cur- rently, or has been within the past five years, an unlawful user of a controlled substance as defined by the Health and Safety Code; (i) The operation of the business as proposed would not comply with federal, state or local law. (Ord. No. 453 N.S., § 1 (part)) (Tiburon 9-02) 272-4 32-11 Grounds for permit revocation. In addition to the violation of any other provi- sions contained in this chapter, circumstances con- stituting grounds for denial of a chiefs permit also constitute grounds for revocation. (Ord. No. 453 N.S., § 1 (part)) 32-12 Hearing for permit denial or revocation. (a) A person whose application for a permit is denied or revoked by the chief has the right to a hearing before the chief before final denial or revo- cation. (b) Within ten days of the mailing of written notice of intent to deny the application or revoke the permit, the applicant may appeal by requesting a hearing before the chief. The request must be made in writing, setting forth the specific grounds for ap- peal. If the applicant submits a timely request for an appeal, the chief should set a time and place for the hearing within thirty days. (c) The decision of the chief shall be in writing within ten days of the hearing. An applicant may appeal the decision of the chief to the town manager or his designee. (Ord. No. 453 N.S., § 1 (part)) 32-13 Nonassignability. A chiefs permit issued under this section is not assignable. An attempt to assign a chiefs permit renders the permit void. (Ord. No. 453 N.S., § 1 (part)) 32-14 Compliance by existing dealers. A person engaging in firearm sales activity on the effective date of this chapter or any amendment to it shall, within sixty days after the effective date, comply with this chapter and any amendment to it. (Ord. No. 453 N.S., § 1 (part)) 32-15 Record of ammunition sales. Every holder of a business license to sell ammu- nition shall maintain records pertaining to ammuni- tion sales prescribed by this chapter on the licensed premises and in the manner prescribed herein. The record shall show: (a) The date of the transaction; (b) The purchaser's name, address and date of birth; (c) The purchaser's driver's license number or other identification and state where issued; (d) The brand of ammunition purchased; (e) The type and amount of ammunition pur- chased; 32-15 (f) The purchaser's signature; and (g) Log of ammunition sales. The information required by this subsection 32- 15(g) shall be completed in the logbook at the time of the purchase. Such information shall be recorded in the following format: AMMUNITION SALES REGISTRATION LOG STORE: Date Name Address Date of License/ID & Ammunition Ammunition Type Purchaser Birth State Brand & Amount Signature (1) The record shall be maintained in chrono- logical order by date of sale of the ammunition, and shall be retained on the licensed premises of the business licensee for a period of two years following the date of the purchase of the ammunition. (2) At the direction of the chief, Town of Tibu- ron police officers may enter the premises of any li- censed vendor of ammunition during regular business hours for the purpose of examining or inspecting any record required by this chapter. Exception. The provisions of this section shall not apply to the sale of firearm ammunition by a firing range licensed to do business in the Town of Tiburon when the ammunition so purchased is expended on the premises of the range and not removed for use outside the range premises. (Ord. No. 453 N.S., § 1 (Part)) 32-16 Penalty. (a) Any person violating any of the provisions of this section shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not exceeding five hundred dollars or by imprison- ment not exceeding six months, or by both such fine and imprisonment. Each person shall be guilty of a separate offense for each and every day during any portion of which any violation of any provision of this section is committed, continued or permitted by such person. The Marin County district attorney is hereby des- ignated as the prosecuting agency for violations of this article whenever such violations are to be charged as misdemeanors. (b) Any person found to be in violation of this chapter shall be subject to the revocation of his or her law enforcement permit to sell, lease or transfer fire- arms. (c) In addition to any other penalty or remedy, the county counsel or town attorney may commence a civil action to seek enforcement of these provisions. The town attorney may also elect to enforce this chapter by administrative citation pursuant to Chap- ter 31 of the municipal code. (Ord. No. 453 N.S., § 1 (part)) Article II. Repealed Article III. Restrictions on the Use of Air Rifles and Other Firearms 32-25 Air rifles—Restrictions on use. (a) It is unlawful for any person to discharge an air rifle within five hundred feet of any structure or street. (b) The provisions of this section shall not be applicable to the following: 272-5 (Tiburon Supp. No. 3, 3-04) 32-26 (1) When such person is in the immediate charge and presence of a parent, guardian or adult person having responsibility for the conduct of such person. (2) When such person is lawfully hunting pursu- ant to the provisions of the Fish and Game Code of the state, and has in his possession a valid hunting license issued as prescribed in such code. (3) When the discharge occurs at a bona fide shooting gallery, target range, gun club, educational institution or military institution, organized, operated and supervised by adult personnel. (4) When such person is engaged in the neces- sary defense of his person or property. (c) Any air rifle discharged in violation of this section shall be deemed a public nuisance and shall by surrendered immediately to the chief of police. Annually, the chief of police shall destroy or cause to be destroyed such air rifles unless the town council shall, by resolution, provide for the disposal of such air rifles in some other lawful manner. (d) For the purposes of this section, the follow- ing words and phrases shall have the meanings re- spectively ascribed to them by this section: (1) "Air rifle" means any air rifle, B -B gun, air pistol or air gun, or similar instrument, from or by means of which any bullet, shot, B -B or similar mis- sile may be projected. (2) "Person" means one under the age of eight- een years. (3) "Street" means any state highway, county highway, city street or public roadway used by the public or available to the public for use. (4) "Structure" means any building, residential or otherwise, used, normally used or available for use by human beings for purposes of inhabitation of business. (Ord. No. 52, §§ 1, 2, 3, 5; Ord. No. 453 N.S., § 2 (part)) 32-26 Firearms—Discharge—Trespass with. (a) No person shall discharge any firearm within the city. (b) No person shall possess any firearm on or upon any lands belonging to or occupied by another unless he has in his possession the written permission (Tiburon Supp. No. 3, 3-04) of the owner of such lands or his agent or person in lawful possession thereof. (c) The provisions of this section shall not apply to the following: (1) Any peace officer or person summoned by peace officers to assist in making an arrest or in pre- serving the peace, or to any person who is a member of the armed services of the United States, the Na- tional Guard or the State Guard, or to any person em- ployed by the county, state or by the United States to destroy predatory animals, birds or pests, while such persons are acting in a lawful discharge of their du- ties. (2) Guards or messengers of common carriers, banks and other financial institutions while actually employed in and about the shipment, transportation or delivery of any money, treasure, bullion, bonds or other thing of value. (3) Members of any bona fide club or organiza- tion organized for the principal purpose of practicing shooting at targets upon established target ranges, while such members are using any firearm upon such target ranges, or while going to or coming from such ranges. Nothing in this section shall be deemed to authorize the use of any property in the town as a target range without the specific approval ofthe town council. (4) Licensed hunters while going to or returning from a hunting expedition. (d) Any firearm discharged or possessed in vio- lation of this section shall be deemed a public nui- sance and shall be surrendered immediately to the chief of police. Annually, the chief of police shall destroy or cause to be destroyed such firearms unless the town council shall by resolution provide for the disposal of such firearms in some other lawful man- ner. (e) For the purposes of this section, the term "firearm" means any gun, pistol, revolver, rifle, auto- matic pistol or rifle, shotgun or any other weapon of a similar nature. The term "firearm" shall not mean "air rifle," "B -B gun," "air pistol" or "air gun," or similar instrument from or by which any bullet, shot, B -B or similar missile may be projected. (Ord. No. 53, §§ 1 to 4, 7; Ord. No. 453 N.S., § 2 (part)) 272-6 utlapter 9.44. r NKtAKMJ rage 1 cm s ISunnyvale Municipal Code Up 1 Previous I Next 1 Main 1 Collapse I Search [ Print 1 No Frames Title 9. PUBLIC PEACE, SAFETY OR WELFARE Chapter 9.44. FIREARMS 9.44.010. Discharge—Permit required. It is unlawful for any person except a "peace officer" as defined in Sections 830 et seq., of the Penal Code of California, or as hereafter amended, in the performance of duties or a person acting in self-defense or in defense of others, within the city of Sunnyvale, to discharge any cannon, firearm, airgun, or any instrument of any kind, character or description which throws or projects bullets or missiles of any kind, to any distance, by means of explosion, combustion, release of compressed air or gas, or otherwise, without first having obtained a permit to do so granted by the chief of the department of public safety; or to make or use, any slingshot in any manner causing danger to or annoyance of any person or injury to property. (Ord. 2570-97 § 2; Ord. 1468 § 1, 1968; prior code § 4-1.07). 9.44.020. Licensed shooting gallery exempt. Nothing in Section 9.44.010 shall be construed so as to prohibit any person from shooting in any licensed shooting gallery. (Prior code § 4-1.08). 9.44.030. Duty to report theft or Toss of firearms. Any person who owns or possesses a firearm (as defined in Penal Code Section 16520 or as amended) shall report the theft or loss of the firearm to the Sunnyvale Department of Public Safety within forty-eight (48) hours of the time he or she knew or reasonably should have known that the firearm had been stolen or lost, whenever: (1) the person resides in the city of Sunnyvale; or (2) the theft or loss of the firearm occurs in the city of Sunnyvale. (Ord. 3027-13 § 1). 9.44.040. Safe storage of firearms. Except when carried on his or her person, or in his or her immediate control and possession, no person shall keep a firearm (as defined in Penal Code Section 16520 or as amended) in any residence owned or ............. controlled by that person unless the firearm is stored in a locked container, or the firearm is disabled with a trigger lock that is listed on the California Department of Justice's list of approved firearms safety devices. (Ord. 3027-13 § 1). 9.44.050. Possession of large -capacity ammunition magazines prohibited. (a) No person may possess a large -capacity magazine in the city of Sunnyvale whether assembled or disassembled. For purposes of this section, "large -capacity magazine" means any detachable ammunition feeding device with the capacity to accept more than ten (10) rounds, but shall not be construed to include any of the following: (1) A feeding device that has been permanently altered so that it cannot accommodate more than ten (10) rounds; or (2) A .22 caliber tubular ammunition feeding device; or http://gcode.us/codes/sunnyvale/view.php?topic=9-9_44&showAll=1 &frames=on 1G! 1'+IGU 1J unapter v.44. r i kt Kii.1V13 (3) A tubular magazine that is contained in a lever -action firearm. (b) Any person who, prior to the effective date of this section, was legally in possession of a large - capacity magazine shall have ninety (90) days from such effective date to do either of the following without being subject to prosecution: (1) Remove the large -capacity magazine from the city of Sunnyvale; or (2) Surrender the large -capacity magazine to the Sunnyvale Department of Public Safety for destruction; or (3) Lawfully sell or transfer the large -capacity magazine in accordance with Penal Code Section 12020. (c) This section shall not apply to the following: (1) Any federal, state, county, or city agency that is charged with the enforcement of any law, for use by agency employees in the discharge of their official duties; (2) Any government officer, agent, or employee, member of the armed forces of the United States, or peace officer, to the extent that such person is otherwise authorized to possess a large -capacity magazine and does so while acting within the course and scope of his or her duties; (3) A forensic laboratory or any authorized agent or employee thereof in the course and scope of his or her duties; (4) Any entity that operates an armored vehicle business pursuant to the laws of the state, and an authorized employee of such entity, while in the course and scope of his or her employment for purposes that pertain to the entity's armored vehicle business; (5) Any person who has been issued a license or permit by the California Department of Justice pursuant to Penal Code Sections 18900, 26500-26915, 31000, 32315, 32650, 32700-32720, or 33300, when the posses- sion of a large -capacity magazine is in accordance with that license or permit; (6) A licensed gunsmith for purposes of maintenance, repair or modification of the large -capacity magazine; (7) Any person who finds a Targe -capacity magazine, if the person is not prohibited from possessing firearms or ammunition pursuant to federal or state law, and the per- son possesses the large - capacity magazine no longer than is reasonably necessary to deliver or transport the same to a law enforcement agency; (8) Any person lawfully in possession of a firearm that the person obtained prior to January 1, 2000, if no magazine that holds fewer than 10 rounds of ammunition is compatible with the firearm and the person possesses the large -capacity magazine solely for use with that firearm. (9) Any retired peace officer holding a valid, current Carry Concealed Weapons (CCW) permit issued pursuant to California Penal Code. (Ord. 3027-13 § 1). 9.44.060. Ammunition sales. (a) It is unlawful for any person to engage in the business of selling, leasing, or otherwise transferring firearm ammunition within the city of Sunnyvale except in compliance with this code. (b) Definitions: (1) "Ammunition" means any cartridge or encasement containing a bullet or projectile, propellant, or explosive charge, and a primer which is used in the operation of a firearm. (2) "Ammunition vendor" means any person engaged in the business of selling, leasing, or otherwise transferring firearm ammunition. (3) "Person" means a natural person, association, partnership, firm, corporation, or other entity. http://gcode.us/codes/sunnyvale/view.php?topic=9-9_44&showAll=1&frames=on 12/14/2015 unapter 9.44. 1 1Kr,AK1V16 rage 01 i (e) Every ammunition vendor shall maintain an ammunition sales log which records all ammunition sales made by the vendor. The transferee shall provide, and the ammunition vendor shall record on the ammunition sales log, at the time of sale, all of the following information for each sale of firearms ammunition: (1) The name, address, and date of birth of the transferee; (2) The date of the sale; (3) The transferee's driver's license number, state identification card number, passport number, or other valid government -issued photographic identification; (4) The brand, type, and quantity of firearms ammunition transferred; (5) The identity of the person transferring the firearms ammunition on behalf of the ammunition vendor; (6) The transferee's signature and right thumbprint. (d) The ammunition sales log shall be recorded on a form approved by the Chief of Public Safety. All ammunition sales logs shall be kept at the location of the firearms ammunition sale for a period of not less than two years from the date of the sale. Ammunition sales logs shall be open to reasonable inspection by peace officers at all times the ammunition vendor is regularly open for business. (e) No person shall knowingly provide false, inaccurate, or incomplete information to an ammunition vendor for the purpose of purchasing firearms ammunition. No ammunition vendor shall knowingly make a false, inaccurate, or incomplete entry in any ammunition sales log, nor shall any ammunition vendor refuse any reasonable inspection of an ammunition sales log subject to inspection. (Ord. 3027-13 § 1). View the mobile version. http://gcode.us/codes/sunnyvale/view.php?topic=9-9_44&showA11=1 &frames=on 12/14/2015 ARTICLE 45: FIREARMS AND WEAPONS VIOLENCE PREVE... file:///C:/Users/DCrane/AppData/Local/Microsoffi/Windows/Temporar... San Francisco Police Code ARTICLE 45: FIREARMS AND WEAPONS VIOLENCE PREVENTION ORDINANCE Sec. 4500. Title. Sec. 4501. Definitions. Sec. 4502. Discharge of Firearms and Firing of Projectile Weapons. Sec. 4503. Enforcement. Sec. 4504. Parental Responsibility for Minors. Sec. 4505. Firearms and Projectile Weapons; Confiscation and Disposal Of. Sec. 4506. Firearms and Projectile Weapons; Exceptions. Sec. 4507. Firearms and Projectile Weapons; Possession of by Minors. Sec. 4508. Severability. Sec. 4511. Findings. Handguns Located in a Residence to be Kept in a Locked Container or Disabled with a Trigger Lock. Sec. 4512. Editor's Note: See also the following Police Code provisions: • Art. 9, Secs. 6/3et seq., Miscellaneous Conduct Regulations (relating to firearms and ammunition). • Art. 14, Secs. 840et seq., Miscellaneous Regulations for Professions and Trades (relating to carrying firearms). • Art. 35, Firearm Strict Liability Act. • Art. 36, Prohibiting the Carrying of a Firearm While under the Influence of an Alcoholic Beverage or Drug, or Possession of a Firearm While upon Public Premises Selling or Serving Alcoholic Beverages. • Art. 36A, Sale, Manu facture and Distribution of Firearms and Ammunition; Possession of Handguns. SEC. 4500. TITLE. This Article shall be known as the Firearms and Weapons Violence Prevention Ordinance. (Added by Ord. 89-94, App. 2/25/94) SEC. 4501. DEFINITIONS. The following words and phrases, whenever used in this Article, shall be construed as defined in this Section: (a) "Firearm" means any device, designed to be used as a weapon or modified to be used as a weapon, that expels a projectile by the force of an explosion or other form of combustion. (b) "Projectile weapon" means any device or instrument used as a weapon which launches or 1 of 8 ARTICLE 45: FIREARMS AND WEAPONS VIOLENCE PREVE... file:///C:/Users/DCrane/AppData/Local/Microsoft/Windows/Temporar.. propels a projectile by means other than the force of an explosion or other form of combustion with sufficient force to cause injury to persons or property. A projectile weapon shall include, but not be limited to, air gun, air pistol, air rifle, gas operated gun, BB gun, pellet gun, flare gun, dart gun, bow, cross -bow, slingshot, wrist rocket, blow gun, paint gun, or other similar device or instrument. (Added by Ord. 89-94, App. 2/25/94) SEC. 4502. DISCHARGE OF FIREARMS ANI) FIRING OF PROJECTILE WEAPONS. Subject to the exceptions in Section 4506, it shall be unlawful for any person to at any time fire or discharge, or cause to be fired or discharged, any firearm or any projectile weapon within the City and County of San Francisco. (Added by Ord. 89-94, App. 2/25/94; amended by Ord. 50-11, App. 3/16/2011) SEC. 4503. ENFORCEMENT. (a) Except as otherwise provided in this Section, any person violating any provision of this Article shall be guilty of a misdemeanor or an infraction. The complaint charging such violation shall specify whether the violation is a misdemeanor or infraction, which decision shall be that of the District Attorney. If charged as an infraction, upon conviction, the violator shall be punished by a fine of not more than $100 for each provision violated. If charged as a misdemeanor, upon conviction, the violator shall be punished by a fine of not more than $500 for each provision violated or by imprisonment in the County Jail for a period of not more than six months, or by both such fine and imprisonment. (b) Any person violating any provision of this Article a second or subsequent time within a 10 -year period shall be guilty of a misdemeanor and shall be punished by a fine of not more than $1,000 for each violation, or by imprisonment in the County Jail for a period of not more than six months, or by both such fine and imprisonment. (c) Any person violating any provision of this Article within 1,500 feet of a day care center, school or school yard, whether public or private, shall be guilty of a misdemeanor and shall be punished by a fine of not more than $1,000 for each such violation, or by imprisonment in the County Jail for a period of not more than six months, or by both such fine and imprisonment. (d) A person shall be guilty of a separate offense for each and every discharge of a firearm or firing of a projectile weapon, and shall be punished accordingly. (e) Juveniles arrested pursuant to this Section shall be subject to Section 602 of the Welfare and Institutions Code. (Added by Ord. 89-94, App. 2/25/94) SEC. 4504. PARENTAL RESPONSIBILITY FOR MINORS. Any parent or legal guardian, or a person over the age of 18, is also guilty of an offense punishable in accordance with Section 4503 if he or she knows or reasonably should know that a 2 of 8 1/12/2016 4:56 Pt ARTICLE 45: FIREARMS AND WEAPONS VIOLENCE PREVE... file:///C:/Users/DCrane/AppData/Local/Microsoft/Windows/Temporar.., minor is likely to gain access to a firearm or a projectile weapon kept within any premises or vehicle which is under his or her custody or control, and a minor obtains and fires or discharges the firearm or projectile weapon within the City and County of San Francisco, in violation of Section 4502. (Added by Ord. 89-94, App. 2/25/94) SEC. 4505. FIREARMS AND PROJECTILE WEAPONS; CONFISCATION AND DISPOSAL OF. Any firearm or projectile weapon discharged within the City and County of San Francisco in violation of the provisions of Section 4502 is hereby declared to be a nuisance, and shall be surrendered to the Police Department of the City and County of San Francisco. The Chief of Police, except upon the certificate of a judge of a court of record, or of the District Attorney that the preservation thereof is necessary or proper to the ends of justice, shall destroy or cause to be destroyed such firearms and projectile weapons, provided, however, that in the event any such firearm or projectile weapon is determined to have been stolen, the same shall not be destroyed but shall be returned to the lawful owner as soon as its use as evidence has been served, upon identification of the firearm or projectile weapon and proof of ownership thereof. (Added by Ord. 89-94, App. 2/25/94) SEC. 4506. FIREARMS AND PROJECTILE WEAPONS; EXCEPTIONS. (a) The provisions of Section 4502 shall not apply to or affect: (1) Sheriffs, constables, marshals, police officers, or other duly appointed peace officers in the performance of their official duties, or any person summoned by such officer to assist in making arrests or preserving the peace while said person so summoned is actually engaged in assisting such officer; (2) Persons in lawful possession of a handgun who discharge said handgun in necessary and lawful defense of self or others while in a personal residence; or (3) Persons in lawful possession of a firearm or projectile weapon who are expressly and specifically authorized by federal or state law to discharge said firearm or projectile weapon under the circumstances present at the time of discharge. (b) Use of firearms and projectile weapons may be permissible when integral to the pursuit of specific competitive and sporting events, including but not limited to events such as target and skeet shooting, upon issuance of a permit from the Chief of Police to persons conducting the event or engaged in the business of providing the location at which the event is to take place. The Chief of Police shall formulate criteria for the application, issuance, and renewal of such permits, and may require as a condition of approval the posting of any bond, or proof of adequate liability insurance. (Added by Ord. 89-94, App. 2/25/94; amended by Ord. 50-11, App. 3/16/2011) SEC. 4507. FIREARMS AND PROJECTILE WEAPONS; 3 of 8 1/12/2016 4:56 PI ARTICLE 45: FIREARMS AND WEAPONS VIOLENCE PREVE... file:///C:/Users/DCrane/AppData!Local/Microsoft/Windows/Temporar... POSSESSION OF BY MINORS. (a) It shall be unlawful for any person under the age of 18 to have in his or her possession within the City and County of San Francisco any firearm or projectile weapon, as defined in Section 4501. Violation of this provision shall be punishable in the manner provided in Section 4503. (b) It shall be unlawful for any parent or legal guardian, or any person over the age of 18 years, to sell, give or otherwise transfer to any minor in the City and County of San Francisco under the age of 18 years, or to allow such minor to possess, any firearm or projectile weapon, as defined in Section 4501. Violation of this provision shall be punishable in the manner provided in Section 4503. (c) Any firearm or projectile weapon, which is in possession of a minor in violation of this Article, is hereby declared to be a nuisance, and shall be surrendered to the Police Department of the City and County of San Francisco and disposed of in accordance with the provisions of Section 4505 above. (Added by Ord. 89-94, App. 2/25/94) Editor's Note: See also the following Police Code provisions: Sec. 602, Sale or Possession of Sling Shots or Toys Projecting Missiles by Air or Gas Prohibited. Sec. 607, Possession of Sling Shots or Metal Knuckles Prohibited Sec. 608, Prohibiting Sale of Darts and Similar Weapons to Minors. Sec. 609, Prohibiting Possession of and Purchase by Minors of Darts and Similar Weapons. SEC. 4508. SEVERABILITY. This Article shall be enforced to the full extent of the authority of the City and County of San Francisco. If any subsection, sentence, clause, phrase, or word of this Article should be for any reason declared unconstitutional or invalid or ineffective by any court of competent jurisdiction, that decision shall not affect the validity or the effectiveness of the remaining portions of this Article or any part thereof. The Board of Supervisors hereby declares that it would have adopted this Article notwithstanding the unconstitutionality, invalidity, or ineffectiveness of any one or more of its subsections, sentences, clauses, phrases, or words. (Added by Ord. 89-94, App. 2/25/94) SEC. 4511. FINDINGS. 1. Firearm injuries have a significant public health impact both nationally and locally. a. In the United States, firearm injuries accounted for 6.6 percent of premature deaths from 1999-2007. Shootings are a leading cause of injury deaths in the nation, second only to motor vehicle crashes. On average, there were 30,125 firearm deaths in the United States annually between 2000 and 2007, inclusive. In 2007, 31,224 Americans died in firearm -related homicides, suicides, and unintentional shootings — the equivalent of 85 deaths each day and more than three deaths each hour. b. Nationally, more than two thirds of homicides and over half of all suicides are committed with firearms. 4 of 8 1/12/2016 4:56 PT ARTICLE 45: FIREARMS AND WEAPONS VIOLENCE PREVE... file:///C:/Users/DCrane/AppData/Local/Microsoft/Windows/Temporar... c. Unintentional shootings killed over 5,700 people in the U.S. between 2000 and 2007. In 2009, over 18,000 people were treated for unintentional gunshot wounds in the United States. d. The firearm -related homicide, suicide, and unintentional death rates for children 5-14 years old in the United States are significantly higher than those other industrialized nations. e. Over the last five years, firearm injuries have ranked third of all causes of injury death in San Francisco, after pedestrian fatalities and falls, respectively. Almost two thirds of these firearm deaths were homicides. In addition, gunshot wounds were the third most common reason for injury - related hospitalizations in San Francisco from 2005 to 2008 and fourth in 2009. Firearm -related suicides accounted for 16.2 percent of the suicide deaths in San Francisco in Fiscal Year 2009-2010. f. San Francisco General Hospital, as the only trauma center in San Francisco, treats approximately 98 percent of the city's shooting victims annually. Approximately 80 percent of the individuals treated for violent injuries at San Francisco General Hospital are uninsured. 2. Having a loaded or unlocked gun in the home is associated with an increased risk of gun -related injury and death. a. A firearm stored loaded or unlocked increases the risk of an accidental shooting. b. All U.S. case control studies (12 to date) have found that people who die by suicide are more likely to have lived in a home with a gun than similar people who did not die by suicide. Studies have also shown that the risk of suicide increases in homes where guns are kept loaded or unlocked. c. A 2007 study compared the 40 million people who live in the states with the lowest firearm prevalence (Hawaii, Massachusetts, Rhode Island, New Hampshire, Connecticut, and New York) to about the same number living in the states with the highest firearm prevalence (Wyoming, South Dakota, Alaska, West Virginia, Montana, Arkansas, Mississippi, Iowa, North Dakota, Alabama, Kentucky, Wisconsin, Louisiana, Tennessee, and Utah). Although non -firearm suicides were about equal in the two groups, total suicides were almost twice as high in the high -gun states. d. Keeping unsecured guns in the home increases the flow of illegal guns into the community. More than half a million firearms are stolen each year in the United States and many are subsequently sold illegally. 3. Children are particularly at risk of injury and death, or causing injury and death, when they can access guns in their own homes or homes that they visit. a. The authors of a 2005 study found that an estimated 1.69 million children age 18 and under are living in households with loaded and unlocked firearms. Many young children, including children as young as three years old, are strong enough to fire handguns. b. A significant majority of the guns used in youth suicide attempts and unintentional injuries were stored in the residence of the victim, a relative, or a friend. Of youths under who died by firearm suicide, the vast majority used a family member's gun, usually a parent's. And more than two thirds of school shooters obtained their gun(s) from their own home or that of a relative. c. Quick access to loaded firearms heightens the risk that a young person's impulsive decision to commit suicide will be carried out without reflection or seeking help, and that the impulsive attempt will be fatal. One third of youths who died by suicide had faced a crisis within the previous 5 of 8 1/12/2016 4:56 PP ARTICLE 45: FIREARMS AND WEAPONS VIOLENCE PREVE... file:///C:/Users/DCrane/AppData/Local/Microsoft/Windows/Temporar.. 24 hours. Among people who nearly died in a suicide attempt, almost a quarter indicated that fewer than five minutes had passed between deciding on suicide and making the attempt. While fewer than 10 percent of suicide attempts by other means are fatal, at least 85 percent of firearm suicide attempts end in death. 4. Guns kept in the home are most often used in suicides and against family and friends rather than in self-defense. a. Guns kept in a home are more likely to be involved in an unintentional shooting, criminal assault, or suicide attempt than to kill or injure in self-defense. b. Only one in ten firearm homicides in the shooter's home is considered justifiable, meaning the shooter was not the assailant. Of every ten firearm homicide victims killed at the shooter's residence, six were intimate partners or family members of the shooter, three were friends or acquaintances of the shooter, and only one was a stranger to the shooter. 5. Applying trigger locks or using lock boxes when storing firearms in the home reduces the risk of firearm injury and death. a. Keeping a firearm locked when it is not being carried ensures that it cannot be accessed and used by others without the owner's knowledge or permission. This simple measure significantly decreases the risk that the gun will be used to commit suicide, homicide, or inflict injury, whether intentionally or unintentionally. b. Safe storage measures have a demonstrated protective effect in homes with children and teenagers where guns are stored. 6. There is a wide consensus among medical professionals, police chiefs, gun control advocates and gun rights groups that applying trigger locks or using lock boxes to store unsupervised guns in the home promotes health and safety. a. The International Association of Chiefs of Police recommends that state and local governments mandate safe storage of firearms. b. The American Academy of Pediatrics recommends that if families must have firearms in their homes, the firearms should be stored locked, unloaded, and separate from locked ammunition. c. Both gun control and gun rights advocates endorse the use of locking devices when storing guns to ensure that unauthorized or untrained persons cannot use the gun to inflict injury or death. For example, the National Rifle Association's Home Firearm Safety Handbook, developed and used as part of the National Rifle Association (NRA) Basic Firearm Training Program, emphasizes that "there is one general rule that must be applied under all conditions: Store guns so they are not accessible to untrained or unauthorized persons." The NRA Guide To The Basics Of Personal Protection In The Home further explains that "all storage methods designed to prevent unauthorized access utilize some sort locking method." 7. Requiring unsupervised firearms stored to be secured with trigger locks or in a locked container does not substantially burden the right or ability to use firearms for self-defense in the home. a. The locking requirements apply only to handguns that are not being carried. Gun owners and 6 of 8 1/12/2016 4:56 PA ARTICLE 45: FIREARMS AND WEAPONS VIOLENCE PREVE... file:///C:/Users/DCrane/AppData/Local/Microsoft/Windows/Temporar... adults over 18 may carry loaded and unlocked handguns in the home at any time. The safe storage requirements also permit owners who wish to do so to store their handguns fully loaded. b. Gun security does not preclude quick access. For example, affordable lockboxes using Simplex -type locks, which pop open immediately when several keys or pushbuttons are touched in a preset sequence, are widely available. Users report that they can retrieve a loaded weapon in just two to three seconds, and that the locks are also easy to open in the dark. The NRA describes this type lockbox as providing "a good combination of security and quick access." Some lockboxes also feature biometric locks, which provide immediate access when they scan the owner's fingerprint. c. Portable lockboxes can store loaded weapons such that they are always within easy reach on counters, tables or nightstands. Such safely stored weapons are more quickly and easily retrieved for use in self-defense than unlocked guns that have been hidden away in seldom -used locations. (Added by Ord. 206-11 , File No. 110901, App. 10/11/2011, Eff. 11/10/2011) SEC. 4512. HANDGUNS LOCATED IN A RESIDENCE TO BE KEPT IN A LOCKED CONTAINER OR DISABLED WITH A TRIGGER LOCK. (a) Prohibition. No person shall keep a handgun within a residence owned or controlled by that person unless the handgun is stored in a locked container or disabled with a trigger lock that has been approved by the California Department of Justice. (b) Definitions. (1) "Residence." As used in this Section, "residence" is any structure intended or used for human habitation including but not limited to houses, condominiums, rooms, in law units, motels, hotels, SRO's, time-shares, recreational and other vehicles where human habitation occurs. (2) "Locked container." As used in this Section, "locked container" means a secure container which is fully enclosed and locked by a padlock, key lock, combination lock or similar locking device. (3) "Handgun." As used in this Section, "handgun" means any pistol, revolver, or other firearm that is capable of being concealed upon the person, designed to be used as a weapon, capable of expelling a projectile by the force of any explosion or other form of combustion, and has a barrel less than 16 inches in length. (4) "Trigger lock." As used in this Section, a "trigger lock" means a trigger lock that is listed in the California Department of Justice's list of approved firearms safety devices and that is identified as appropriate for that handgun by reference to either the manufacturer and model of the handgun or to the physical characteristics of the handgun that match those listed on the roster for use with the device under Penal Code Section 12088(d). (c) Exceptions. This Section shall not apply in the following circumstances: (1) The handgun is carried on the person of an individual over the age of 18. (2) The handgun is under the control of a person who is a peace officer under Penal Code 7 of 8 1/12/2016 4:56 P1 ARTICLE 45: FIREARMS AND WEAPONS VIOLENCE PREVE... file:///C:/Users/DCrane/AppData/Local/Microsoft/Windows/Temporar.. Section 830. (d) Lost or Stolen Handguns. In order to encourage reports to law enforcement agencies of lost or stolen handguns pursuant to San Francisco Police Code Section 616, a person who files a report with a law enforcement agency notifying the agency that a handgun has been lost or stolen shall not be subject to prosecution for violation of Section 4512(a) above. (e) Penalty. Every violation of this Section shall constitute a misdemeanor and upon conviction shall be punished by a fine not to exceed $1,000.00 or by imprisonment in the county jail not to exceed six months, or by both. (f) Severability. If any provision, clause or word of this chapter or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect any other provision, clause, word or application of this Section which can be given effect without the invalid provision, clause or word, and to this end the provisions of this Section are declared to be severable. (Added by Ord. 193-07. File No. 070683, App. 8/1/2007) 8 of 8 1/12/2016 4:56 PI Amdt. THE SAFETY FOR ALL ACT OF 2016 SECTION 1. Title. This measure shall be known and may be cited as "The Safety for All Act of 2016." SEC. 2. Findings and Declarations. The people of the State of California find and declare: 1. Gun violence destroys lives, families and communities. From 2002 to 2013, California lost 38,576 individuals to gun violence. That is more than seven times the number of U.S. soldiers killed in combat during the wars in Iraq and Afghanistan combined. Over this same period, 2,258 children were killed by gunshot injuries in California. The same number of children murdered in the Sandy Hook elementary school massacre are killed by gunfire in this State every 39 days. 2. In 2013, guns were used to kill 2,900 Californians, including 251 children and teens. That year, at least 6,035 others were hospitalized or treated in emergency rooms for non-fatal gunshot wounds, including 1,275 children and teens. 3. Guns are commonly used by criminals. According to the California Department of Justice, in 2014 there were 1,169 firearm murders in California, 13,546 armed robberies involving a firearm, and 15,801 aggravated assaults involving a firearm. 4. This tragic violence imposes significant economic burdens on our society. Researchers conservatively estimate that gun violence costs the economy at least $229 billion every year, or more than $700 per American per year. In 2013 alone, California gun deaths and injuries imposed $83 million in medical costs and $4.24 billion in lost productivity. 5. California can do better. Reasonable, common-sense gun laws reduce gun deaths and injuries, keep guns away from criminals and fight illegal gun trafficking. Although California has led the nation in gun safety laws, those laws still have Loopholes that leave communities throughout the state vulnerable to gun violence and mass shootings. We can close these loopholes while still safeguarding the ability of law-abiding, responsible Californians to own guns for self-defense, hunting and recreation. 6. We know background checks work. Federal background checks have already prevented more than 2.4 million gun sales to convicted criminals and other illegal purchasers in America. In 2012 alone, background checks blocked 192,043 sales of firearms to illegal purchasers including 82,000 attempted purchases by felons. That means background checks stopped roughly 225 felons from buying firearms every day. Yet California law only requires background checks for people who purchase firearms, not for people who purchase ammunition. We should close that loophole. 1 Amdt. 7. Right now, any violent felon or dangerously mentally ill person can walk into a sporting goods store or gun shop in California and buy ammunition, no questions asked. That should change. We should require background checks for ammunition sales just like gun sales, and stop both from getting into the hands of dangerous individuals. 8. Under current law, stores that sell ammunition are not required to report to law enforcement when ammunition is lost or stolen. Stores should have to report lost or stolen ammunition within 48 hours of discovering that it is missing so law enforcement can work to prevent that ammunition from being illegally trafficked into the hands of dangerous individuals. 9. Californians today are not required to report lost or stolen guns to law enforcement. This makes it difficult for law enforcement to investigate crimes committed with stolen guns, break- up gun trafficking rings, and return guns to their lawful owners. We should require gun owners to report their lost or stolen guns to law enforcement. 10. Under current law, people who commit felonies and other serious crimes are prohibited from possessing firearms. Yet existing law provides no clear process for those people to relinquish their guns when they become prohibited at the time of conviction. As a result, in 2014, the Department of Justice identified more than 17,000 people who possess more than 34,000 guns illegally, including more than 1,400 assault weapons. We need to close this dangerous loophole by not only requiring prohibited people to turn in their guns, but also ensuring that it happens. 11. Military -style large -capacity ammunition magazines — some capable of holding more than 100 rounds of ammunition — significantly increase a shooter's ability to kill a lot of people in a short amount of time. That is why these large capacity ammunition magazines are common in many of America's most horrific mass shootings, from the killings at 101 California Street in San Francisco in 1993 to Columbine High School in 1999 to the massacre at Sandy Hook Elementary School in Newtown, Connecticut in 2012. 12. Today, California law prohibits the manufacture, importation and sale of military -style, large capacity ammunition magazines, but does not prohibit the general public from possessing them. We should close that loophole. No one except trained law enforcement should be able to possess these dangerous ammunition magazines. 13. Although the State of California conducts background checks on gun buyers who live in California, we have to rely on other states and the FBI to conduct background checks on gun buyers who live elsewhere. We should make background checks outside of California more effective by consistently requiring the State to report who is prohibited from possessing firearms to the federal background check system. 14. The theft of a gun is a serious and potentially violent crime. We should clarify that such crimes can be charged as felonies, and prevent people who are convicted of such crimes from possessing firearms. 2 Amdt. SEC. 3. Purpose and Intent. The people of the State of California declare their purpose and intent in enacting "The Safety For All Act of 2016" (the "Act") to be as follows: 1. To implement reasonable and common-sense reforms to make California's gun safety laws the toughest in the nation while still safeguarding the Second Amendment rights of all law- abiding, responsible Californians. 2. To keep guns and ammunition out of the hands of convicted felons, the dangerously mentally ill, and other persons who are prohibited by law from possessing firearms and ammunition. 3. To ensure that those who buy ammunition in California— just like those who buy firearms — are subject to background checks. 4. To require all stores that sell ammunition to report any lost or stolen ammunition within 48 hours of discovering that it is missing. 5. To ensure that California shares crucial information with federal law enforcement by consistently requiring the state to report individuals who are prohibited by law from possessing firearms to the federal background check system. 6. To require the reporting of lost or stolen firearms to law enforcement. 7. To better enforce the laws that require people to relinquish their firearms once they are convicted of a crime that makes them ineligible to possess firearms. 8. To make it illegal in California to possess the kinds of military -style ammunition magazines that enable mass killings like those at Sandy Hook Elementary School; a movie theater in Aurora, Colorado; Columbine High School; and an office building at 101 California Street in San Francisco, California. 9. To prevent people who are convicted of the theft of a firearm from possessing firearms, and to effectuate the intent of Proposition 47 that the theft of a firearm is felony grand theft, regardless of the value of the firearm, in alignment with sections 25400 and 1192.7 of the Penal Code. 3 Amdt. SEC. 4. Lost or Stolen Firearms. Division 4.5 (commencing with Section 25250) is hereby added to Title 4 of Part 6 of the Penal Code, and Section 26835 of the Penal Code is hereby amended. Division 4.5 (commencing with Section 25250) is added to Title 4 of Part 6 of the Penal Code, to read: DIVISION 4.5. LOST OR STOLEN FIREARMS 25250. (a) Commencing July I. 2017. every person shall report the loss or theft of a firearm he or she owns or possesses to a local law enforcement agency in the jurisdiction in which the theft or Toss occurred within five days of the time he or she knew or reasonably should have known that the firearm had been stolen or lost. (b) Every person who has reported a firearm lost or stolen under subdivision (a) shall notify the local law enforcement agency in the jurisdiction in which the theft or loss occurred within five days if the firearm is subsequently recovered by the person. (c) Notwithstanding subdivision (a). a person shall not be required to report the loss or theft of a firearm that is an antique firearm within the meaning of subdivision (c) of Section 16170. 25255. Section 25250 shall not apply to the following: (a) Any law enforcement agency or peace officer acting within the course and scope of his or her employment or official duties if he or she reports the loss or theft to his or her employing agency. (b) Any United States marshal or member of the Armed Forces of the United States or the National Guard. while engaged in his or her official duties. (c) Any person who is licensed. pursuant to Chapter 44 (commencing with Section 921) of Title 18 of the United States Code and the regulations issued pursuant thereto. and who reports the theft or loss in accordance with Section 923(g)(6) of Title 18 of the United States Code. or the successor provision thereto, and applicable regulations issued thereto. (d) Anv person whose firearm was lost or stolen prior to July 1. 2017. 25260. Pursuant to Section 11108. every sheriff or police chief shall submit a description of each firearm that has been reported lost or stolen directly into the Department of Justice Automated Firearms System. 25265. (a) Every person who violates Section 25250 is. for a first violation. guilty of an infraction punishable by a fine not to exceed one hundred dollars ($100). (b) Every person who violates Section 25250 is. for a second violation. guilty of an infraction. punishable by a fine not to exceed one thousand dollars ($1.000). 4 Amdt. (c) Every person who violates Section 25250 is. for a third or subsequent violation. guilty of a misdemeanor. punishable by imprisonment in a county jail not exceeding six months. or by a fine not to exceed one thousand dollars ($1,000), or by both that fine and imprisonment. 25270. Every person reporting a lost or stolen firearm pursuant to Section 25250 shall report the make. model. and serial number of the firearm. if known by the person. and any additional relevant information required by the local law enforcement agency taking the report. 25275. (a) No person shall report to a local law enforcement agency that a firearm has been lost or stolen. knowing the report to be false. A violation of this section is an infraction. punishable by a fine not exceeding two hundred fifty dollars ($250) for a first offense. and by a fine not exceeding one thousand dollars ($1.000) for a second or subsequent offense. (b) This section shall not preclude prosecution under any other law. Section 26835 of the Penal Code is amended to read: 26835. A licensee shall post conspicuously within the licensed premises the following warnings in block letters not less than one inch in height: (a) "IF YOU KEEP A LOADED FIREARM WITHIN ANY PREMISES UNDER YOUR CUSTODY OR CONTROL, AND A PERSON UNDER 18 YEARS OF AGE OBTAINS IT AND USES IT, RESULTING IN INJURY OR DEATH, OR CARRIES IT TO A PUBLIC PLACE, YOU MAY BE GUILTY OF A MISDEMEANOR OR A FELONY UNLESS YOU STORED THE FIREARM IN A LOCKED CONTAINER OR LOCKED THE FIREARM WITH A LOCKING DEVICE, TO KEEP IT FROM TEMPORARILY FUNCTIONING." (b) "IF YOU KEEP A PISTOL, REVOLVER, OR OTHER FIREARM CAPABLE OF BEING CONCEALED UPON THE PERSON, WITHIN ANY PREMISES UNDER YOUR CUSTODY OR CONTROL, AND A PERSON UNDER 18 YEARS OF AGE GAINS ACCESS TO THE FIREARM, AND CARRIES IT OFF -PREMISES, YOU MAY BE GUILTY OF A MISDEMEANOR, UNLESS YOU STORED THE FIREARM IN A LOCKED CONTAINER, OR LOCKED THE FIREARM WITH A LOCKING DEVICE, TO KEEP IT FROM TEMPORARILY FUNCTIONING." (c) "IF YOU KEEP ANY FIREARM WITHIN ANY PREMISES UNDER YOUR CUSTODY OR CONTROL, AND A PERSON UNDER 18 YEARS OF AGE GAINS ACCESS TO THE FIREARM, AND CARRIES IT OFF -PREMISES TO A SCHOOL OR SCHOOL -SPONSORED EVENT, YOU MAY BE GUILTY OF A MISDEMEANOR, INCLUDING A FINE OF UP TO FIVE THOUSAND DOLLARS ($5,000), UNLESS YOU STORED THE FIREARM IN A LOCKED CONTAINER, OR LOCKED THE FIREARM WITH A LOCKING DEVICE." (d) "IF YOU NEGLIGENTLY STORE OR LEAVE A LOADED FIREARM WITHIN ANY PREMISES UNDER YOUR CUSTODY OR CONTROL, WHERE A PERSON UNDER 18 YEARS OF AGE IS LIKELY TO ACCESS IT, YOU MAY BE GUILTY OF A MISDEMEANOR, INCLUDING A FINE OF UP TO ONE THOUSAND DOLLARS ($1,000), 5 Amdt. UNLESS YOU STORED THE FIREARM IN A LOCKED CONTAINER, OR LOCKED THE FIREARM WITH A LOCKING DEVICE." (e) "DISCHARGING FIREARMS IN POORLY VENTILATED AREAS, CLEANING FIREARMS, OR HANDLING AMMUNITION MAY RESULT IN EXPOSURE TO LEAD, A SUBSTANCE KNOWN TO CAUSE BIRTH DEFECTS, REPRODUCTIVE HARM, AND OTHER SERIOUS PHYSICAL INJURY. HAVE ADEQUATE VENTILATION AT ALL TIMES. WASH HANDS THOROUGHLY AFTER EXPOSURE." (f) "FEDERAL REGULATIONS PROVIDE THAT IF YOU DO NOT TAKE PHYSICAL POSSESSION OF THE FIREARM THAT YOU ARE ACQUIRING OWNERSHIP OF WITHIN 30 DAYS AFTER YOU COMPLETE THE INITIAL BACKGROUND CHECK PAPERWORK, THEN YOU HAVE TO GO THROUGH THE BACKGROUND CHECK PROCESS A SECOND TIME IN ORDER TO TAKE PHYSICAL POSSESSION OF THAT FIREARM." (g) "NO PERSON SHALL MAKE AN APPLICATION TO PURCHASE MORE THAN ONE PISTOL, REVOLVER, OR OTHER FIREARM CAPABLE OF BEING CONCEALED UPON THE PERSON WITHIN ANY 30 -DAY PERIOD AND NO DELIVERY SHALL BE MADE TO ANY PERSON WHO HAS MADE AN APPLICATION TO PURCHASE MORE THAN ONE PISTOL, REVOLVER, OR OTHER FIREARM CAPABLE OF BEING CONCEALED UPON THE PERSON WITHIN ANY 30 -DAY PERIOD." (h) "IF A FIREARM YOU OWN OR POSSESS IS LOST OR STOLEN, YOU MUST REPORT THE LOSS OR THEFT TO A LOCAL LAW ENFORCEMENT AGENCY WHERE THE LOSS OR THEFT OCCURRED WITHIN FIVE DAYS OF THE TIME YOU KNEW OR REASONABLY SHOULD HAVE KNOWN THAT THE FIREARM HAD BEEN LOST OR STOLEN." SEC. 5. Strengthening The National Instant Criminal Background Check System. Section 28220 of the Penal Code is amended to read: (a) Upon submission of firearm purchaser information, the Department of Justice shall examine its records, as well as those records that it is authorized to request from the State Department of State Hospitals pursuant to Section 8104 of the Welfare and Institutions Code, in order to determine if the purchaser is a person described in subdivision (a) of Section 27535, or is prohibited by state or federal law from possessing, receiving, owning, or purchasing a firearm. (b) To the extent that funding is available, t The Department of Justice may shall participate in the National Instant Criminal Background Check System (MICS), as described in subsection (t) of Section 922 of Title 18 of the United States Code, and, if that participation is implemented, shall notify the dealer and the chief of the police department of the city or city and county in which the sale was made, or if the sale was made in a district in which there is no municipal police department, the sheriff of the county in which the sale was made, that the purchaser is a person prohibited from acquiring a firearm under federal law. 6 Amdt. (c) If the department determines that the purchaser is prohibited by state or federal law from possessing, receiving, owning, or purchasing a firearm or is a person described in subdivision (a) of Section 27535, it shall immediately notify the dealer and the chief of the police department of the city or city and county in which the sale was made, or if the sale was made in a district in which there is no municipal police department, the sheriff of the county in which the sale was made, of that fact. (d) If the department determines that the copies of the register submitted to it pursuant to subdivision (d) of Section 28210 contain any blank spaces or inaccurate, illegible, or incomplete information, preventing identification of the purchaser or the handgun or other firearm to be purchased, or if any fee required pursuant to Section 28225 is not submitted by the dealer in conjunction with submission of copies of the register, the department may notify the dealer of that fact. Upon notification by the department, the dealer shall submit corrected copies of the register to the department, or shall submit any fee required pursuant to Section 28225, or both, as appropriate and, if notification by the department is received by the dealer at any time prior to delivery of the firearm to be purchased, the dealer shall withhold delivery until the conclusion of the waiting period described in Sections 26815 and 27540. (e) If the department determines that the information transmitted to it pursuant to Section 28215 contains inaccurate or incomplete information preventing identification of the purchaser or the handgun or other firearm to be purchased, or if the fee required pursuant to Section 28225 is not transmitted by the dealer in conjunction with transmission of the electronic or telephonic record, the department may notify the dealer of that fact. Upon notification by the department, the dealer shall transmit corrections to the record of electronic or telephonic transfer to the department, or shall transmit any fee required pursuant to Section 28225, or both, as appropriate, and if notification by the department is received by the dealer at any time prior to delivery of the firearm to be purchased, the dealer shall withhold delivery until the conclusion of the waiting period described in Sections 26815 and 27540. (f)(1)(A) The department shall immediately notify the dealer to delay the transfer of the firearm to the purchaser if the records of the department, or the records available to the department in the National Instant Criminal Background Check System, indicate one of the following: (i) The purchaser has been taken into custody and placed in a facility for mental health treatment or evaluation and may be a person described in Section 8100 or 8103 of the Welfare and Institutions Code and the department is unable to ascertain whether the purchaser is a person who is prohibited from possessing, receiving, owning, or purchasing a firearm, pursuant to Section 8100 or 8103 of the Welfare and Institutions Code, prior to the conclusion of the waiting period described in Sections 26815 and 27540. (ii) The purchaser has been arrested for, or charged with, a crime that would make him or her, if convicted, a person who is prohibited by state or federal law from possessing, receiving, owning, or purchasing a firearm, and the department is unable to ascertain whether the purchaser was convicted of that offense prior to the conclusion of the waiting period described in Sections 26815 and 27540. 7 Amdt. (iii) The purchaser may be a person described in subdivision (a) of Section 27535, and the department is unable to ascertain whether the purchaser, in fact, is a person described in subdivision (a) of Section 27535, prior to the conclusion of the waiting period described in Sections 26815 and 27540. (B) The dealer shall provide the purchaser with information about the manner in which he or she may contact the department regarding the delay described in subparagraph (A). (2) The department shall notify the purchaser by mail regarding the delay and explain the process by which the purchaser may obtain a copy of the criminal or mental health record the department has on file for the purchaser. Upon receipt of that criminal or mental health record, the purchaser shall report any inaccuracies or incompleteness to the department on an approved form. (3) If the department ascertains the final disposition of the arrest or criminal charge, or the outcome of the mental health treatment or evaluation, or the purchaser's eligibility to purchase a firearm, as described in paragraph (1), after the waiting period described in Sections 26815 and 27540, but within 30 days of the dealer's original submission of the purchaser information to the department pursuant to this section, the department shall do the following: (A) If the purchaser is not a person described in subdivision (a) of Section 27535, and is not prohibited by state or federal law, including, but not limited to, Section 8100 or 8103 of the Welfare and Institutions Code, from possessing, receiving, owning, or purchasing a firearm, the department shall immediately notify the dealer of that fact and the dealer may then immediately transfer the firearm to the purchaser, upon the dealer's recording on the register or record of electronic transfer the date that the firearm is transferred, the dealer signing the register or record of electronic transfer indicating delivery of the firearm to that purchaser, and the purchaser signing the register or record of electronic transfer acknowledging the receipt of the firearm on the date that the firearm is delivered to him or her. (B) If the purchaser is a person described in subdivision (a) of Section 27535, or is prohibited by state or federal law, including, but not limited to, Section 8100 or 8103 of the Welfare and Institutions Code, from possessing, receiving, owning, or purchasing a firearm, the department shall immediately notify the dealer and the chief of the police department in the city or city and county in which the sale was made, or if the sale was made in a district in which there is no municipal police department, the sheriff of the county in which the sale was made, of that fact in compliance with subdivision (c) of Section 28220. (4) If the department is unable to ascertain the final disposition of the arrest or criminal charge, or the outcome of the mental health treatment or evaluation, or the purchaser's eligibility to purchase a firearm, as described in paragraph (1), within 30 days of the dealer's original submission of purchaser information to the department pursuant to this section, the department shall immediately notify the dealer and the dealer may then immediately transfer the firearm to the purchaser, upon the dealer's recording on the register or record of electronic transfer the date that the firearm is transferred, the dealer signing the register or record of electronic transfer indicating delivery of the firearm to that purchaser, and the purchaser signing the register or 8 Amdt. record of electronic transfer acknowledging the receipt of the firearm on the date that the firearm is delivered to him or her. (g) Commencing July 1. 2017. upon receipt of information demonstrating that a person is prohibited from possessing a firearm pursuant to federal or state law, the Department of Justice shall submit the name. date of birth, and physical description of the person to the National Instant Criminal Background Check System Index, Denied Persons Files. The information provided shall remain privileged and confidential, and shall not be disclosed. except for the purpose of enforcing federal or state firearms laws. SEC. 6. Possession of Large -Capacity Magazines. Section 32406 is hereby added to the Penal Code; Sections 32310, 32400, 32405, 32410, 32425, 32435, and 32450 of the Penal Code are hereby amended, and Section 32420 of the Penal Code is hereby repealed. Section 32310 of the Penal Code is amended to read: (a) Except as provided in Article 2 (commencing with Section 32400) of this chapter and in Chapter 1 (commencing with Section 17700) of Division 2 of Title 2, commencing January 1, 2000, any person in this state who manufactures or causes to be manufactured, imports into the state, keeps for sale, or offers or exposes for sale, or who gives, lends, buys, or receives any large -capacity magazine is punishable by imprisonment in a county jail not exceeding one year or imprisonment pursuant to subdivision (h) of Section 1170. (b) For purposes of this section, "manufacturing" includes both fabricating a magazine and assembling a magazine from a combination of parts, including, but not limited to, the body, spring, follower, and floor plate or end plate, to be a fully functioning large -capacity magazine. (c) Except as provided in Article 2 (commencing with Section 32400) of this chapter and in Chapter 1 (commencing with Section 17700) of Division 2 of Title 2, commencing July 1. 2017, any person in this state who possesses any large -capacity magazine. regardless of the date the magazine was acquired. is guilty of an infraction punishable by a fine not to exceed one hundred dollars ($100) per large -capacity magazine. or is guilty of a misdemeanor punishable by a fine not to exceed one hundred dollars ($100) per large -capacity magazine. by imprisonment in a county jail not to exceed one year. or by both that fine and imprisonment. (d) Any person who may not lawfully possess a large -capacity magazine commencing July 1. 2017 shall. prior to July 1, 2017: (1) Remove the large -capacity magazine from the state; (2) Sell the large -capacity magazine to a licensed firearms dealer: or (3) Surrender the large -capacity magazine to a law enforcement agency for destruction. 9 Amdt. Section 32400 of the Penal Code is amended to read: 32400. Section 32310 does not apply to the sale of, giving of, lending of. possession of, importation into this state of, or purchase of, any large -capacity magazine to or by any federal, state, county, city and county, or city agency that is charged with the enforcement of any law, for use by agency employees in the discharge of their official duties, whether on or off duty, and where the use is authorized by the agency and is within the course and scope of their duties. Section 32405 of the Penal Code is amended to read: 32405. Section 32310 does not apply to the sale to, lending to, transfer to, purchase by, receipt of, possession of, or importation into this state of, a large -capacity magazine by a sworn peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2, or sworn federal law enforcement officer. who is authorized to cavy a firearm in the course and scope of that officer's duties. Section 32406 of the Penal Code is added to the Penal Code, to read: 32406. Section 32310(c) does not apply to an honorably retired sworn peace officer. as defined in Chapter 4.5 (commencine with Section 830) of Title 3 of Part 2. or honorably retired sworn federal law enforcement officer. who was authorized to carry a firearm in the course and scope of that officer's duties. "Honorably retired" shall have the same meaning as provided in Section 16690. Section 32410 of the Penal Code is amended to read: 32410. Section 32310 does not apply to the sale, er purchase. or possession of any large -capacity magazine to or by a person licensed pursuant to Sections 26700 to 26915, inclusive. Section 32420 of the Penal Code is repealed: magazine. Section 32425 of the Penal Code is amended to read: 32425. Section 32310 does not apply to any of the following: (a) The lending or giving of any large -capacity magazine to a person licensed pursuant to Sections 26700 to 26915, inclusive, or to a gunsmith, for the purposes of maintenance, repair, or modification of that large -capacity magazine. (b) The possession of any large -capacity magazine by a person specified in subdivision (a) for the purposes specified in subdivision (a). 10 Amdt. (b) (c) The return to its owner of any large -capacity magazine by a person specified in subdivision (a). Section 32435 of the Penal Code is amended to read: 32435. Section 32310 does not apply to any of the following: (a) The sale of, giving of, lending of, possession of, importation into this state of, or purchase of, any large -capacity magazine, to or by any entity that operates an armored vehicle business pursuant to the laws of this state. (b) The lending of large -capacity magazines by an entity specified in subdivision (a) to its authorized employees, while in the course and scope of employment for purposes that pertain to the entity's armored vehicle business. (c) The possession of any large -capacity magazines by the employees of an entity specified in subdivision (a) for purposes that pertain to the entity's armored vehicle business. (e)(d) The return of those large -capacity magazines to the entity specified in subdivision (a) by those employees specified in subdivision (b). Section 32450 of the Penal Code is amended to read: 32450. Section 32310 does not apply to the purchase or possession of a large -capacity magazine by the holder of a special weapons permit issued pursuant to Section 31000, 32650, or 33300, or pursuant to Article 3 (commencing with Section 18900) of Chapter 1 of Division 5 of Title 2, or pursuant to Article 4 (commencing with Section 32700) of Chapter 6 of this division, for any of the following purposes: (a) For use solely as a prop for a motion picture, television, or video production. (b) For export pursuant to federal regulations. (c) For resale to law enforcement agencies, government agencies, or the military, pursuant to applicable federal regulations. SEC. 7. Firearms Dealers. Sections 26885 and 26915 of the Penal Code are hereby amended. Section 26885 of the Penal Code is amended to read: 26885. (a) Except as provided in subdivisions (b) and (c) of Section 26805, all firearms that are in the inventory of a licensee shall be kept within the licensed location. 11 Amdt. (b) Within 48 hours of discovery, a licensee shall report the loss or theft of any of the following items to the appropriate law enforcement agency in the city, county, or city and county where the licensee's business premises are located: (1) Any firearm or ammunition that is merchandise of the licensee. (2) Any firearm or ammunition that the licensee takes possession of pursuant to Chapter 5 (commencing with Section 28050). or pursuant to Section 30312. (3) Any firearm or anununition kept at the licensee's place of business. Section 26915 of the Penal Code is amended to read: 26915. (a) Commencing January 1. 2018. a A -firearms dealer may shall require any agent or employee who handles, sells, or delivers firearms to obtain and provide to the dealer a certificate of eligibility from the Department of Justice pursuant to Section 26710. On the application for the certificate, the agent or employee shall provide the name and California firearms dealer number of the firearms dealer with whom the person is employed. (b) The department shall notify the firearms dealer in the event that the agent or employee who has a certificate of eligibility is or becomes prohibited from possessing firearms. (c) If the local jurisdiction requires a background check of the agents or employees of a firearms dealer, the agent or employee shall obtain a certificate of eligibility pursuant to subdivision (a). (d)(1) Nothing in this section shall be construed to preclude a local jurisdiction from conducting an additional background check pursuant to Section 11105. The local jurisdiction may not charge a fee for the additional criminal history check. (2) Nothing in this section shall be construed to preclude a local jurisdiction from prohibiting employment based on criminal history that does not appear as part of obtaining a certificate of eligibility. (e) The licensee shall prohibit any agent who the licensee knows or reasonably should know is within a class of persons prohibited from possessing firearms pursuant to Chapter 2 (commencing with Section 29800) or Chapter 3 (commencing with Section 29900) of Division 9 of this title, or Section 8100 or 8103 of the Welfare and Institutions Code, from coming into contact with any firearm that is not secured and from accessing any key, combination, code, or other means to open any of the locking devices described in subdivision (g). (f) Nothing in this section shall be construed as preventing a local government from enacting an ordinance imposing additional conditions on licensees with regard to agents or employees. (g) For purposes of this article, "secured" means a firearm that is made inoperable in one or more of the following ways: 12 Amdt. (1) The firearm is inoperable because it is secured by a firearm safety device listed on the department's roster of approved firearm safety devices pursuant to subdivision (d) of Section 23655. (2) The firearm is stored in a locked gun safe or long -gun safe that meets the standards for department -approved gun safes set forth in Section 23650. (3) The firearm is stored in a distinct locked room or area in the building that is used to store firearms, which can only be unlocked by a key, a combination, or similar means. (4) The firearm is secured with a hardened steel rod or cable that is at least one-eighth of an inch in diameter through the trigger guard of the firearm. The steel rod or cable shall be secured with a hardened steel lock that has a shackle. The lock and shackle shall be protected or shielded from the use of a boltcutter and the rod or cable shall be anchored in a manner that prevents the removal of the firearm from the premises. SEC. 8. Sales of Ammunition. Article 4 (commencing with section 30370) and Article 5 (commencing with section 30385) are hereby added to Chapter 1 of Division 10 of Title 4 of Part 6 of the Penal Code; Sections 16151, 30314, 30342, 30348, 30363, and 30371 are hereby added to the Penal Code; the heading of Article 3 (commencing with Section 30342) of Chapter 1 of Division 10 of Title 4 of Part 6, and Sections 16150, 17315, 30306, 30312, 30347, 30350, and 30352 of the Penal Code are hereby amended, and Section 16662 of the Penal Code is hereby repealed. Section 16150 of the Penal Code is amended to read: 16150. (a) • . - - e ee 44 � Section 16650. As used in this part. except in subdivision (a) of Section 30305 and in Section 30306. "ammunition" means one or more loaded cartridges consistina of a primed case. propellant. and with one or more projectiles. "Ammunition" does not include blanks. (b) As used in subdivision (a) of Section 30305 and in Section 30306, "ammunition" includes, but is not limited to, any bullet, cartridge, magazine, clip, speed loader, autoloader, or projectile capable of being fired from a firearm with a deadly consequence. "Ammunition" does not include blanks. Section 16151 is added to the Penal Code, to read: 16151. (a) As used in this part. commencing January 1, 2018. "ammunition vendor" means any person. firm. corporation. or other business enterprise that holds a current ammunition vendor license issued pursuant to Section 30385. (b) Commencing January 1. 2018. a firearms dealer licensed pursuant to Sections 26700 to 26915. inclusive, shall automatically be deemed a licensed ammunition vendor. provided the 13 Amdt. dealer complies with the requirements of Articles 2 (commencing with Section 30300) and 3 (commencing with Section 30342) of Chapter 1 of Division 10 of Title 4 of this part. Section 16662 of the Penal Code is repealed. • - - dealer, or any other business enterprise that is engaged in the retail salt of any handgun ammunition, or that holds itself out as engaged in the business of selling any handgun ammunition. Section 17315 of the Penal Code is amended to read: 17315. As used in - - - -- - , ! Articles 2 through 5 of Chapter 1 of Division 10 of Title 4, "vendor" means an handgun ammunition vendor. Section 30306 of the Penal Code is amended to read: 30306. (a) Any person, corporation, er firm. or other business enterprise who supplies, delivers, sells, or gives possession or control of, any ammunition to any person who he or she knows or using reasonable care should know is prohibited from owning, possessing, or having under custody or control, any ammunition or reloaded ammunition pursuant to subdivision (a) or (b) of Section 30305, is guilty of a misdemeanor, punishable by imprisonment in a county jail not exceeding one year, or a fine not exceeding one thousand dollars ($1,000), or by both that fine and imprisonment. (b) Any person. corporation. firm, or other business enterprise who supplies, delivers. sells. or aives possession or control of. any ammunition to any person whom the person. corporation, firm. or other business enterprise knows or has cause to believe is not the actual purchaser or transferee of the ammunition. with knowledge or cause to believe that the ammunition is to be subsequently sold or transferred to a person who is prohibited from owning, possessing. or having under custody or control any ammunition or reloaded ammunition pursuant to subdivision (a) or (b) of Section 30305. is guilty of a misdemeanor. punishable by imprisonment in a county jail not exceeding one year, or a fine not exceeding one thousand dollars ($1.000). or by both that fine and imprisonment. (-b)(c) The provisions of this section are cumulative and shall not be construed as restricting the application of any other law. However, an act or omission punishable in different ways by this section and another provision of law shall not be punished under more than one provision. Section 30312 of the Penal Code is amended to read: 30312. (a) Commencing February 1, 2011, the (1) Commencing January 1. 2018. the sale of ammunition by any party shall be conducted by or processed through a licensed ammunition vendor. 14 Amdt. (2) When neither party to an ammunition sale is a licensed ammunition vendor. the seller shall deliver the ammunition to a vendor to process the transaction. The ammunition vendor shall then promptly and properly deliver the ammunition to the purchaser. if the sale is not prohibited. as if the ammunition were the vendor's own merchandise. If the ammunition vendor cannot legally deliver the ammunition to the purchaser. the vendor shall forthwith return the ammunition to the seller. The ammunition vendor may charge the purchaser an administrative fee to process the transaction, in an amount to be set by the Department of Justice, in addition to any applicable fees that may be charged pursuant to the provisions of this title. (b) Commencing January 1. 2018. the sale. delivery or transfer of ownership of handgun ammunition by any party may only occur in a face-to-face transaction with the seller. deliverer or transferor bcing provided bona fide evidence of identity from the purchaser or other transferee_ provided. however, that ammunition may be purchased or acquired over the Internet or through other means of remote ordering if a licensed ammunition vendor initially receives the ammunition and processes the transaction in compliance with this section and Article 3 (commencing with Section 30342) of Chapter 1 of Division 10 of Title 4 of this part. (b)(c) Subdivisions (a) and (b) shall not apply to or affect the sale, delivery, or transfer of handgun armnunition to any of the following: (1) An authorized law enforcement representative of a city, county, city and county, or state or federal government, if the sale, delivery, or transfer is for exclusive use by that government agency and, prior to the sale, delivery, or transfer of the handgun ammunition, written authorization from the head of the agency employing the purchaser or transferee is obtained, identifying the employee as an individual authorized to conduct the transaction, and authorizing the transaction for the exclusive use of the agency employing the individual. (2) A sworn peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2. or sworn federal law enforcement officer. who is authorized to carry a firearm in the course and scope of the officer's duties. (3) An importer or manufacturer of handgun ammunition or firearms who is licensed to engage in business pursuant to Chapter 44 (commencing with Section 921) of Title 18 of the United States Code and the regulations issued pursuant thereto. (4) A person who is on the centralized list of exempted federal firearms licensees maintained by the Department of Justice pursuant to Article 6 (commencing with Section 28450) of Chapter 6 of Division 6 of this title. (5) A person whose licensed premises are outside this state and who is licensed as a dealer or collector of firearms pursuant to Chapter 44 (commencing with Section 921) of Title 18 of the United States Code and the regulations issued pursuant thereto. (6) A person who is licensed as a collector of firearms pursuant to Chapter 44 (commencing with Section 921) of Title 18 of the United States Code and the regulations issued pursuant thereto, 15 Amdt. whose licensed premises are within this state, and who has a current certificate of eligibility issued by the Department of Justice pursuant to Section 26710. (7) A handgun An ammunition vendor. (8) A consultant -evaluator. (9) A person who purchases or receives ammunition at a tareet facility holding, a business or other regulatory license. provided that the ammunition is at all times kept within the facility's premises. (10) A person who purchases or receives ammunition from a spouse. registered domestic partner, or immediate family member as defined in Section 16720. (e)(d) A violation of this section is a misdemeanor. Section 30314 is added to the Penal Code, to read: 30314. (a) Commencing January 1. 2018. a resident of this state shall not bring or transport into this state anv ammunition that he or she purchased or otherwise obtained from outside of this state unless he or she first has that ammunition delivered to a licensed ammunition vendor for delivery to that resident pursuant to the procedures set forth in Section 30312. (b) Subdivision (a) does not apply to anv of the following,: (1) An ammunition vendor. (2) A sworn peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2. or sworn federal law enforcement officer, who is authorized to canry a firearm in the course and scope of the officer's duties. (3) An importer or manufacturer of ammunition or firearms who is licensed to eneage in business pursuant to Chapter 44 (commencing, with Section 921) of Title 18 of the United States Code and the regulations issued pursuant thereto. (4) A person who is on the centralized list of exempted federal firearms licensees maintained by the Department of Justice pursuant to Article 6 (commencing with Section 28450) of Chapter 6 of Division 6 of this title. (5) A person who is licensed as a collector of firearms pursuant to Chapter 44 (commencing with Section 921) of Title 18 of the United States Code and the regulations issued pursuant thereto. whose licensed premises are within this state, and who has a current certificate of elieibility issued by the Department of Justice pursuant to Section 26710. (6) A person who acquired the ammunition from a spouse. registered domestic partner. or immediate family member as defined in Section 16720. 16 Amdt. (c) A violation of this section is an infraction for any first time offense, and either an infraction or a misdemeanor for any subsequent offense. The heading of Article 3 (commencing with Section 30342) of Chapter 1 of Division 10 of Title 4 of Part 6 of the Penal Code is amended to read: ARTICLE 3. Handgun Ammunition Vendors [303425 - 30365] Section 30342 is added to the Penal Code, to read: 30342. (a) Commencing January 1, 2018, a valid ammunition vendor license shall be required for any person, firm. corporation. or other business enterprise to sell more than 500 rounds of ammunition in any 30 -day period. (b) A violation of this section is a misdemeanor. Section 30347 of the Penal Code is amended to read: 30347. (a) An ammunition vendor shall require any agent or employee who handles, sells. delivers, or has under his or her custody or control any ammunition. to obtain and provide to the vendor a certificate of eligibility from the Department of Justice issued pursuant to Section 26710. On the application for the certificate. the anent or employee shall provide the name and address of the ammunition vendor with whom the person is employed. or the name and California firearms dealer number of the ammunition vendor if applicable. (b) The Department shall notify the ammunition vendor in the event that the agent or employee who has a certificate of eligibility is or becomes prohibited from possessing ammunition under Section 30305(a) or federal law. (c) An ammunition vendor shall not permit any anent or employee who the vendor knows or reasonably should know is a person described in Chapter 2 (commencing with Section 29800) or Chapter 3 (commencing with Section 29900) of Division 9 of this title or Section 8100 or 8103 of the Welfare and Institutions Code to handle, sell, of deliver, or have under his or her custody or control. any handgun ammunition in the course and scope of employment. Section 30348 is added to the Penal Code, to read: 30348. (a) Except as provided in subdivision (b). the sale of ammunition by a licensed vendor shall be conducted at the location specified in the license. (b) A vendor may sell ammunition at a gun show or event if the gun show or event is not conducted from any motorized or towed vehicle. (c) For purposes of this section. "gun show or event" means a function sponsored by any national. state, or local organization. devoted to the collection, com etitive use. or other siortin 17 Amdt. use of firearms. or an organization or association that sponsors functions devoted to the collection. competitive use. or other sporting use of firearms in the community. (d) Sales of ammunition at a gun show or event shall comply with all applicable laws including Sections 30347. 30350. 30352. and 30360. Section 30350 of the Penal Code is amended to read: 30350. An ammunition vendor shall not sell or otherwise transfer ownership of, offer for sale or otherwise offer to transfer ownership of, or display for sale or display for transfer of ownership of any handgun ammunition in a manner that allows that ammunition to be accessible to a purchaser or transferee without the assistance of the vendor or an employee of the vendor. Section 30352 of the Penal Code is amended to read: 30352. (a) Commencing February 1, 2011, a July 1. 2019. an ammunition vendor shall not sell or otherwise transfer ownership of any handgun -ammunition without, at the time of delivery, legibly recording the following information on a form to be prescribed bv the Department of Justice: (1) The date of the sale or other transaction transfer. (2) The purchaser's or transferee's driver's license or other identification number and the state in which it was issued. (3) The brand, type, and amount of ammunition sold or otherwise transferred. (4) The purchaser's or transferee's full name and signature. (5) The name of the salesperson who processed the sale or other transaction. (6) The right thumbprint of thc purchaser or transferee on thc above form. (67) The purchaser's or transferee's full residential address and telephone number. (78-) The purchaser's or transferee's date of birth. (b) Commencing July 1. 2019. an ammunition vendor shall electronically submit to the Department the information required by subdivision (a) for all sales and transfers of ownership of ammunition. The Department shall retain this information in a database to be known as the Ammunition Purchase Records File. This information shall remain confidential and may be used by the Department and those entities specified in, and pursuant to. subdivision (b) or (c) of Section 11105. through the California Law Enforcement Telecommunications System. only for law enforcement purposes. The ammunition vendor shall not use. sell. disclose. or share such information for any other purpose other than the submission required by this subdivision without the express written consent of the purchaser or transferee. 18 Amdt. (c) Commencing on July 1. 2019. only those persons listed in this subdivision. or those persons or entities listed in subdivision (e). shall be authorized to purchase ammunition. Prior to delivering any ammunition, an ammunition vendor shall require bona fide evidence of identity to verify that the person who is receiving delivery of the ammunition is a person or entity listed in subdivision (e) or one of the following: (1) A person authorized to purchase ammunition pursuant to Section 30370. (2) A person who was approved by the Department to receive a firearm from the ammunition vendor. pursuant to Section 28220. if that vendor is a licensed firearms dealer. and the ammunition is delivered to the person in the same transaction as the firearm. (d) Commencing July 1. 2019, the ammunition vendor shall verify with the Department. in a manner prescribed by the Department. that the person is authorized to purchase ammunition by comparing the person's ammunition purchase authorization number to the centralized list of authorized ammunition purchasers. if the person is not listed as an authorized ammunition purchaser, the vendor shall deny the sale or transfer. (b)(e) Subdivisions (a) and (d) shall not apply to or affect sales or other transfers of ownership of handgun ammunition by handgun ammunition vendors to any of the following, if properly identified: (1) A person licensed pursuant to Scctions 26700 to 26915, inclusive. (2) (1) A handgun An ammunition vendor. (3) (2) A person who is on the centralized list of exempted federal firearms licensees maintained by the department pursuant to Article 6 (commencing with Section 28450) of Chapter 6 of Division 6 of this title. (4) (3) A ' ' . - .. • - - • . - - -, - person who purchases or receives ammunition at a target facility holding a business or other regulatory license, provided that the ammunition is at all times kept within the facility's premises. (5) (4) A gunsmith. (6) (5) A wholesaler. (7) (6) A manufacturer or importer of firearms or ammunition licensed pursuant to Chapter 44 (commencing with Section 921) of Title 18 of the United States Code, and the regulations issued pursuant thereto. (8) (7) An authorized law enforcement representative of a city, county, city and county, or state or federal government, if the sale or other transfer of ownership is for exclusive use by that government agency, and, prior to the sale, delivery, or transfer of the handgun ammunition, 19 Amdt. written authorization from the head of the agency authorizing the transaction is presented to the person from whom the purchase, delivery, or transfer is being made. Proper written authorization is defined as verifiable written certification from the head of the agency by which the purchaser, transferee, or person otherwise acquiring ownership is employed, identifying the employee as an individual authorized to conduct the transaction, and authorizing the transaction for the exclusive use of the agency by which that individual is employed. (8)(a) A properly identified sworn peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2. or properly identified sworn federal law enforcement officer, who is authorized to carry a firearm in the course and scope of the officer's duties. (b)(1) Proper identification is defined as verifiable written certification from the head of the agency by which the purchaser or transferee is employed. identifying the purchaser or transferee as a full-time paid peace officer who is authorized to carry a firearm in the course and scope of the officer's duties. (2) The certification shall be delivered to the vendor at the time of purchase or transfer and the purchaser or transferee shall provide bona fide evidence of identity to verify that he or she is the person authorized in the certification. (3) The vendor shall keep the certification with the record of sale and submit the certification to the Department. (f) The Department of Justice is authorized to adopt regulations to implement the provisions of this section. Section 30363 is added to the Penal Code, to read: 30363. Within 48 hours of discovery. an ammunition vendor shall report the loss or theft of any of the following items to the appropriate law enforcement agency in the city. county, or city and county where the vendor's business premises are located: (1) Any ammunition that is merchandise of the vendor. 12) Any ammunition that the vendor takes possession of pursuant to Section 30312. (3) Any ammunition kept at the vendor's place of business. Article 4 (commencing with Section 30370) is added to Chapter 1 of Division 10 of Title 4 of Part 6 of the Penal Code, to read: Article 4. Amrnunition Purchase Authorizations 30370. (a)(1) Commencing. on January 1. 2019. any person who is 18 years of age or older may apply to the Department for an ammunition purchase authorization. 20 Amdt. (2) The ammunition purchase authorization may be used by the authorized person to purchase or otherwise seek the transfer of ownership of ammunition from an ammunition vendor. as that term is defined in Section 16151. and shall have no other force or effect. (3) The ammunition purchase authorization shall be valid for four years from July 1. 2019 or the date of issuance. whichever is later. unless it is revoked by the Department pursuant to subdivision (b). (b) The ammunition purchase authorization shall be promptly revoked by the Department upon the occurrence of any event which would have disqualified the holder from being issued the ammunition purchase authorization pursuant to this section. If an authorization is revoked. the Department shall upon the written request of the holder state the reasons for doing so and provide the holder an appeal process to challenge that revocation. (c) The Department shall create and maintain an internal centralized list of all persons who are authorized to purchase ammunition and shall promptly remove from the list any persons whose authorization was revoked by the Department pursuant to this section. The Department shall provide access to the list by ammunition vendors for purposes of conducting ammunition sales or other transfers. and shall provide access to the list by law enforcement agencies for law enforcement purposes. (d) The Department shall issue an ammunition purchase authorization to the applicant if all of the following conditions are met: (1) The applicant is 18 years of age or older. (2) The applicant is not prohibited from acquiring or possessing ammunition under Section 30305(a) or federal law. (3) The applicant pans the fees set forth in subdivision (g). (e)(1) Upon receipt of an initial or renewal application. the Department shall examine its records. and the records it is authorized to request from the State Department of State Hospitals. pursuant to Section 8104 of the Welfare and Institutions Code. and if authorized. the National Instant Criminal Background Check System, as described in Section 922(t) of Title 18 of the United States Code. in order to determine if the applicant is prohibited from possessing or acquiring ammunition under Section 30305(a) or federal law. (2) The applicant shall be approved or denied within 30 days of the date of the submission of the application to the Department. If the application is denied. the Department shall state the reasons for doing so and provide the applicant an appeal process to challenge that denial. (3) If the Department is unable to ascertain the final disposition of the application within 30 days of the applicant's submission. the Department shall grant authorization to the applicant. 21 Amdt. (4) The ammunition purchase authorization number shall be the same as the number on the document presented by the person as bona fide evidence of identity. (f) The Department shall renew a person's ammunition purchase authorization before its expiration, provided that the Department determines that the person is not prohibited from acquiring or possessing ammunition under Section 30305(a) or federal law. and provided the applicant timely pays the renewal fee set forth in subdivision (g). (g) The Department may charge a reasonable fee not to exceed $50 per person for the issuance of an ammunition purchase authorization or the issuance of a renewal authorization, however. the Department shall not set these fees any higher than necessary to recover the reasonable. estimated costs to fund the ammunition authorization program provided for in this section and Section 30352, including the enforcement of this program and maintenance of any data systems associated with this program. (h) A fund to be known as the "Ammunition Safety and Enforcement Special Fund" is hereby created within the State Treasury. All fees received pursuant to this section shall be deposited into the Ammunition Safety and Enforcement Special Fund of the General Fund. and. notwithstanding Section 13340 of the Government Code. are continuously appropriated for purposes of implementing. operating and enforcing the ammunition authorization program provided for in this section and Section 30352. and for repaying the start-up loan provided for in Section 30371. Si) The Department shall annually review and may adjust all fees specified in subdivision (g) for inflation. (j) The Department of Justice is authorized to adopt regulations to implement the provisions of this section. Section 30371 is added to the Penal Code. to read: 30371. (a) There is hereby appropriated twenty-five million dollars ($25.000.000) from the General Fund as a loan for the start-up costs of implementing, operating and enforcing the provisions of the ammunition authorization program provided for in Sections 30352 and 30370. (b) For purposes of repaving the loan. the Controller shall. after disbursing moneys necessary to implement, operate and enforce the ammunition authorization program provided for in Sections 30352 and 30370. transfer all proceeds from fees received by the Ammunition Safety and Enforcement Special Fund up to the amount of the loan provided by this Section. including interest at the pooled money investment account rate, to the General Fund. 22 Amdt. Article 5 (commencing with Section 30385) is added to Chapter 1 of Division 10 of Title 4 of Part 6 of the Penal Code, to read: Article 5. Ammunition Vendor Licenses 30385. (a) The Department of Justice is authorized to issue ammunition vendor licenses pursuant to this article. The Department shall. commencing July 1. 2017. commence accepting applications for ammunition vendor licenses. If an application is denied. the Department shall inform the applicant of the reason for denial in writing. (b) The ammunition vendor license shall be issued in a form prescribed by the Department of Justice and shall be valid for a period of one year. The Department may adopt regulations to administer the application and enforcement provisions of this article. The license shall allow the licensee to sell ammunition at the location specified in the license or at a gun show or event as set forth in Section 30348. (c)(1) In the case of an entity other than a natural person. the Department shall issue the license to the entity, but shall require a responsible person to pass the background check pursuant to Section 30395. (2) A "responsible person" for purposes of this article. means a person having the power to direct the management. policies and practices of the entity as it pertains to ammunition. (d) Commencing January 1. 2018. a firearms dealer licensed pursuant to Sections 26700 to 26915. inclusive. shall automatically be deemed a licensed ammunition vendor. provided the dealer complies with the requirements of Article 2 (commencing with Section 30300) and Article 3 (commencing with Section 30342) of this chapter. 30390. (a) The Department may charge ammunition vendor license applicants a reasonable fee sufficient to reimburse the Department for the reasonable. estimated costs of administering the license program. including the enforcement of this program and maintenance of the registry of ammunition vendors. (b) The fees received by the Department pursuant to this article shall be deposited in the Anununition Vendor's Special Account. which is hereby created. Notwithstanding Section 13340 of the Government Code. the revenue in the fund is continuously appropriated for use by the Department of Justice for the purpose of implementing. administering and enforcing the provisions of this article. and for collecting and maintaining information submitted pursuant to Section 30352. (c) The revenue in the Firearms Safety and Enforcement Special Fund shall also be available upon appropriation to the Department of Justice for the purpose of implementing and enforcing the provisions of this article. 30395. (a) The Department is authorized to issue ammunition vendor licenses to applicants who the Department has determined, either as an individual or a responsible person. are not prohibited 23 Amdt. from possessing. receiving. owning. or purchasing ammunition under Section 30305(a) or federal law. and who provide a copy of any regulatory or business License required by local government, a valid seller's permit issued by the State Board of Equalization. a federal firearms license if the person is federally licensed, and a certificate of eligibility issued by the Department. (b) The Department shall keep a registry of all licensed ammunition vendors. Law enforcement agencies shall be provided access to the registry for law enforcement purposes. (c) An ammunition vendor license is subject to forfeiture for a breach of any of the prohibitions and requirements of Article 2 (commencing with Section 30300) or Article 3 (commencing with Section 30342) of this chapter. SEC. 9. Nothing in this Act shall preclude or preempt a local ordinance that imposes additional penalties or requirements in regard to the sale or transfer of ammunition. SEC. 10. Securing Firearms From Prohibited Persons. Sections 1524, 27930 and 29810 of the Penal Code are hereby amended, and a new Section 29810 is hereby added to the Penal Code. Section 1524 of the Penal Code is amended to read: 1524. (a) A search warrant may be issued upon any of the following grounds: (1) When the property was stolen or embezzled. (2) When the property or things were used as the means of committing a felony. (3) When the property or things are in the possession of any person with the intent to use there as a means of committing a public offense, or in the possession of another to whom he or she may have delivered them for the purpose of concealing them or preventing them from being di scovered. (4) When the property or things to be seized consist of any item or constitute any evidence that tends to show a felony has been committed, or tends to show that a particular person has committed a felony. (5) When the property or things to be seized consist of evidence that tends to show that sexual exploitation of a child, in violation of Section 311.3, or possession of matter depicting sexual conduct of a person under 18 years of age, in violation of Section 311.11, has occurred or is occurring. (6) When there is a warrant to arrest a person. (7) When a provider of electronic communication service or remote computing service has records or evidence, as specified in Section 1524.3, showing that property was stolen or 24 Amdt. embezzled constituting a misdemeanor, or that property or things are in the possession of any person with the intent to use them as a means of committing a misdemeanor public offense, or in the possession of another to whom he or she may have delivered them for the purpose of concealing them or preventing their discovery. (8) When the property or things to be seized include an item or any evidence that tends to show a violation of Section 3700.5 of the Labor Code, or tends to show that a particular person has violated Section 3700.5 of the Labor Code. (9) When the property or things to be seized include a firearm or any other deadly weapon at the scene of, or at the premises occupied or under the control of the person arrested in connection with, a domestic violence incident involving a threat to human life or a physical assault as provided in Section 18250. This section does not affect warrantless seizures otherwise authorized by Section 18250. (10) When the property or things to be seized include a firearm or any other deadly weapon that is owned by, or in the possession of, or in the custody or control of, a person described in subdivision (a) of Section 8102 of the Welfare and Institutions Code. (11) When the property or things to be seized include a firearm that is owned by, or in the possession of, or in the custody or control of, a person who is subject to the prohibitions regarding firearms pursuant to Section 6389 of the Family Code, if a prohibited firearm is possessed, owned, in the custody of, or controlled by a person against whom a protective order has been issued pursuant to Section 6218 of the Family Code, the person has been lawfully served with that order, and the person has failed to relinquish the firearm as required by law. (12) When the information to be received from the use of a tracking device constitutes evidence that tends to show that either a felony, a misdemeanor violation of the Fish and Game Code, or a misdemeanor violation of the Public Resources Code has been committed or is being committed, tends to show that a particular person has committed a felony, a misdemeanor violation of the Fish and Game Code, or a misdemeanor violation of the Public Resources Code, or is committing a felony, a misdemeanor violation of the Fish and Game Code, or a misdemeanor violation of the Public Resources Code, or will assist in locating an individual who has committed or is committing a felony, a misdemeanor violation of the Fish and Game Code, or a misdemeanor violation of the Public Resources Code. A tracking device search warrant issued pursuant to this paragraph shall be executed in a manner meeting the requirements specified in subdivision (b) of Section 1534. (13) When a sample of the blood of a person constitutes evidence that tends to show a violation of Section 23140, 23152, or 23153 of the Vehicle Code and the person from whom the sample is being sought has refused an officer's request to submit to, or has failed to complete, a blood test as required by Section 23612 of the Vehicle Code, and the sample will be drawn from the person in a reasonable, medically approved manner. This paragraph is not intended to abrogate a court's mandate to determine the propriety of the issuance of a search warrant on a case-by-case basis. 25 Amdt. (14) Beginning January 1, 2016, the property or things to be seized are firearms or ammunition or both that are owned by, in the possession of, or in the custody or control of a person who is the subject of a gun violence restraining order that has been issued pursuant to Division 3.2 (commencing with Section 18100) of Title 2 of Part 6, if a prohibited firearm or ammunition or both is possessed, owned, in the custody of, or controlled by a person against whom a gun violence restraining order has been issued, the person has been lawfully served with that order, and the person has failed to relinquish the firearm as required by law. (15) Beginning January 1. 2018. the property or things to be seized include a firearm that is owned by. or in the possession of. or in the custody or control of. a person who is subject to the prohibitions regarding firearms pursuant to Sections 29800 or 29805 of the Penal Code. and the court has made a findine pursuant to Section 29810(c)(3) that the person has failed to relinquish the firearm as required by law. (b) The property, things, person, or persons described in subdivision (a) may be taken on the warrant from any place, or from any person in whose possession the property or things may be. (c) Notwithstanding subdivision (a) or (b), no search warrant shall issue for any documentary evidence in the possession or under the control of any person who is a lawyer as defined in Section 950 of the Evidence Code, a physician as defined in Section 990 of the Evidence Code, a psychotherapist as defined in Section 1010 of the Evidence Code, or a member of the clergy as defined in Section 1030 of the Evidence Code, and who is not reasonably suspected of engaging or having engaged in criminal activity related to the documentary evidence for which a warrant is requested unless the following procedure has been complied with: (1) At the time of the issuance of the warrant, the court shall appoint a special master in accordance with subdivision (d) to accompany the person who will serve the warrant. Upon service of the warrant, the special master shall inform the party served of the specific items being sought and that the party shall have the opportunity to provide the items requested. If the party, in the judgment of the special master, fails to provide the items requested, the special master shall conduct a search for the items in the areas indicated in the search warrant. (2)(A) If the party who has been served states that an item or items should not be disclosed, they shall be sealed by the special master and taken to court for a hearing. (B) At the hearing, the party searched shall be entitled to raise any issues that may be raised pursuant to Section 1538.5 as well as a claim that the item or items are privileged, as provided by law. The hearing shall be held in the superior court. The court shall provide sufficient time for the parties to obtain counsel and make any motions or present any evidence. The hearing shall be held within three days of the service of the warrant unless the court makes a finding that the expedited hearing is impracticable. In that case the matter shall be heard at the earliest possible time. (C) If an item or items are taken to court for a hearing, any limitations of time prescribed in Chapter 2 (commencing with Section 799) of Title 3 of Part 2 shall be tolled from the time of the 26 Amdt. seizure until the final conclusion of the hearing, including any associated writ or appellate proceedings. (3) The warrant shall, whenever practicable, be served during normal business hours. In addition, the warrant shall be served upon a party who appears to have possession or control of the items sought. If, after reasonable efforts, the party serving the warrant is unable to locate the person, the special master shall seal and return to the court, for determination by the court, any item that appears to be privileged as provided by law. (d)(1) As used in this section, a "special master" is an attorney who is a member in good standing of the California State Bar and who has been selected from a list of qualified attorneys that is maintained by the State Bar particularly for the purposes of conducting the searches described in this section. These attorneys shall serve without compensation. A special master shall be considered a public employee, and the governmental entity that caused the search warrant to be issued shall be considered the employer of the special master and the applicable public entity, for purposes of Division 3.6 (commencing with Section 810) of Title 1 of the Government Code, relating to claims and actions against public entities and public employees. In selecting the special master, the court shall make every reasonable effort to ensure that the person selected has no relationship with any of the parties involved in the pending matter. Any information obtained by the special master shall be confidential and may not be divulged except in direct response to inquiry by the court. (2) In any case in which the magistrate determines that, after reasonable efforts have been made to obtain a special master, a special master is not available and would not be available within a reasonable period of time, the magistrate may direct the party seeking the order to conduct the search in the manner described in this section in lieu of the special master. (e) Any search conducted pursuant to this section by a special master may be conducted in a manner that permits the party serving the warrant or his or her designee to accompany the special master as he or she conducts his or her search. However, that party or his or her designee may not participate in the search nor shall he or she examine any of the items being searched by the special master except upon agreement of the party upon whore the warrant has been served. (f) As used in this section, "documentary evidence" includes, but is not limited to, writings, documents, blueprints, drawings, photographs, computer printouts, microfilms, X-rays, files, diagrams, ledgers, books, tapes, audio and video recordings, films, and papers of any type or description. (g) No warrant shall issue for any item or items described in Section 1070 of the Evidence Code. (h) Notwithstanding any other law, no claim of attorney work product as described in Chapter 4 (commencing with Section 2018.010) of Title 4 of Part 4 of the Code of Civil Procedure shall be sustained where there is probable cause to believe that the lawyer is engaging or has engaged in criminal activity related to the documentary evidence for which a warrant is requested unless it is established at the hearing with respect to the documentary evidence seized under the warrant that 27 Amdt. the services of the lawyer were not sought or obtained to enable or aid anyone to commit or plan to commit a crime or a fraud. (i) Nothing in this section is intended to limit an attorney's ability to request an in camera hearing pursuant to the holding of the Supreme Court of California in People v. Superior Court (Laff) (2001) 25 Ca1.4th 703. (j) In addition to any other circumstance permitting a magistrate to issue a warrant for a person or property in another county, when the property or things to be seized consist of any item or constitute any evidence that tends to show a violation of Section 530.5, the magistrate may issue a warrant to search a person or property located in another county if the person whose identifying information was taken or used resides in the same county as the issuing court. (k) This section shall not be construed to create a cause of action against any foreign or California corporation, its officers, employees, agents, or other specified persons for providing location information. Section 27930 of the Penal Code is amended to read: 27930. Section 27545 does not apply to deliveries, transfers, or returns of firearms made pursuant to any of the following: (a) Sections 18000 and 18005. (b) Division 4 (commencing with Section 18250) of Title 2. (c) Chapter 2 (commencing with Section 33850) of Division 11. (d) Sections 34005 and 34010. (e) Section 29810. Section 29810 of the Penal Code is amended to read: 29810. (a) For any person who is subject to Section 29800 or 29805, the court shall, at the time judgment is imposed, provide on a form supplied by the Department of Justice, a notice to the defendant prohibited by this chapter from owning, purchasing, receiving, possessing, or having under custody or control, any firearm. The notice shall inform the defendant of the prohibition regarding firearms and include a form to facilitate the transfer of firearms. If the prohibition on owning or possessing a firearm will expire on a date specified in the court order, the form shall inform the defendant that he or she may elect to have his or her firearm transferred to a firearms dealer licensed pursuant to Section 29830. (b) Failure to provide the notice described in subdivision (a) is not a defense to a violation of this chapter. 28 Amdt. (c) This section shall be repealed effective January 1. 2018. Section 29810 is added to the Penal Code, to read: 29810. (a)(1) Upon conviction of any offense that renders a person subject to Section 29800 or Section 29805. the person shall relinquish all firearms he or she owns. possesses. or has under his or her custody or control in the manner provided in this section. (2) The court shall. upon conviction of a defendant for an offense described in subdivision (a). instruct the defendant that he or she is prohibited from owning. purchasing. receiving. possessing, or having under his or her custody or control. any firearms. ammunition. and ammunition feeding devices. including but not limited to magazines, and shall order the defendant to relinquish all firearms in the manner provided in this section. The court shall also provide the defendant with a Prohibited Persons Relinquishment Form developed by the Department of Justice. (3) Using the Prohibited Persons Relinquishment Form. the defendant shall name a designee and grant the designee power of attorney for the purpose of transferring or disposing of any firearms. The designee shall be either a local law enforcement agency or a consenting third party who is not prohibited from possessing firearms under state or federal law. The designee shall. within the time periods specified in subdivisions (d) and (e). surrender the firearms to the control of a local law enforcement agency. sell the firearms to a licensed firearms dealer, or transfer the firearms for storage to a fireanns dealer pursuant to Section 29830. (b) The Prohibited Persons Relinquishment Forn shall do all of the following: (1) Inform the defendant that he or she is prohibited from owning. purchasing. receiving, possessing, or having under his or her custody or control. any firearms, ammunition. and ammunition feeding devices. including but not limited to magazines. and that he or she shall relinquish all firearms through a designee within the time periods set forth in subdivisions (d) or (e) by surrendering the firearms to the control of a local law enforcement agency. selling the firearms to a licensed firearms dealer. or transferring the firearms for storage to a firearms dealer pursuant to Section 29830. (2) Inform the defendant that any cohabitant of the defendant who owns firearms must store those firearms in accordance with Section 25135. (3) Require the defendant to declare any firearms that he or she owned. possessed. or had under his or her custody or control at the time of his or her conviction, and require the defendant to describe the firearms and provide all reasonably available information about the location of the firearms to enable a designee or law enforcement officials to locate the firearms. (4) Require the defendant to naive a designee, if the defendant declares that he or she owned, possessed, or had under his or her custody or control any firearms at the time of his or her conviction. and grant the designee power of attorney for the purpose of transferring or disposing of all firearms. 29 Amdt. (5) Require the designee to indicate his or her consent to the designation and. except a designee that is a law enforcement agency. to declare under penalty of perjury that he or she is not prohibited from possessing any firearms under state or federal law. (6) Require the designee to state the date each firearm was relinquished and the name of the party to whom it was relinquished. and to attach receipts from the law enforcement officer or licensed firearms dealer who took possession of the relinquished firearms. (7) Inform the defendant and the designee of the obligation to submit the completed Prohibited Persons Relinquishment Form to the assigned probation officer within the time periods specified in subdivisions (d) and (e). (c)(1) When a defendant is convicted of an offense described in subdivision (a). the court shall immediately assign the matter to a probation officer to investigate whether the Automated Firearms System or other credible information. such as a police report. reveals that the defendant owns, possesses, or has under his or her custody or control any firearms. The assigned probation officer shall receive the Prohibited Persons Relinquishment Form from the defendant or the defendant's designee, as applicable. and ensure that the Automated Firearms System has been properly updated to indicate that the defendant has relinquished those firearms. (2) Prior to final disposition or sentencing in the case, the assigned probation officer shall report to the court whether the defendant has properly complied with the requirements of this section by relinquishing all firearms identified by the probation officer's investigation or declared by the defendant on the Prohibited Persons Relinquishment Form. and by timely submitting a completed Prohibited Persons Relinquishment Form. The probation officer shall also report to the Department of Justice on a form to be developed by the Department of Justice whether the Automated Firearms System has been updated to indicate which firearms have been relinquished by the defendant. (3) Prior to final disposition or sentencing in the case. the court shall make findings concerning whether the probation officer's report indicates that the defendant has relinquished all firearms as required. and whether the court has received a completed Prohibited Persons Relinquishment Form. along with the receipts described in subdivision (d)(1) or (e)(1). The court shall ensure that these findings are included in the abstract of judgment. If necessary to avoid a delay in sentencing. the court may make and enter these findings within fourteen days of sentencing. (4) If the court finds probable cause that the defendant has failed to relinquish any firearms as required. the court shall order the search for and removal of any firearms at any location where the judge has probable cause to believe the defendant's firearms are located. The court shall state with specificity the reasons for and scope of the search and seizure authorized by the order. (5) Failure by a defendant to timely file the completed Prohibited Persons Relinquishment Form with the assigned probation officer shall constitute an infraction punishable by a fine not exceeding one hundred dollars ($100). 30 Amdt. (d) The following procedures shall apply to any defendant who is a prohibited person within the meaning of subdivision (a)(1) who does not remain in custody at any time within the five-day period following conviction: (1) The designee shall dispose of any firearms the defendant owns. possesses. or has under his or her custody or control within five days of the conviction by surrendering the firearms to the control of a local law enforcement agency. selling the firearms to a licensed firearms dealer. or transferring the firearms for storage to a firearms dealer pursuant to Section 29830. in accordance with the wishes of the defendant. Any proceeds from the sale of the firearms shall become the property of the defendant. The law enforcement officer or licensed dealer taking possession of any firearms pursuant to this subdivision shall issue a receipt to the designee describing the firearms and listing any serial number or other identification on the firearms at the time of surrender. (2) If the defendant owns, possesses, or has under his or her custody or control any firearms to relinquish. the defendant's designee shall submit the completed Prohibited Persons Relinquishment Form to the assigned probation officer within five days following the conviction, along with the receipts described in subdivision (d)(1) showing the defendant's firearms were surrendered to a local law enforcement agency or sold or transferred to a licensed firearms dealer. (3) If the defendant does not own. possess. or have under his or her custody or control any firearms to relinquish. he or she shall. within five days following conviction. submit the completed Prohibited Persons Relinquishment Form to the assigned probation officer. with a statement affirming that he or she has no firearms to be relinquished. (e) The following procedures shall apply to any defendant who is a prohibited person within the meaning of subdivision (a)(1) who is in custody at any point within the five-day period following conviction: (1) The designee shall dispose of any firearms the defendant owns. possesses, or has under his or her custody or control within fourteen days of the conviction by surrendering the firearms to the control of a local law enforcement agency. selling the firearms to a licensed firearms dealer. or transferring the firearms for storage to a firearms dealer pursuant to Section 29830. in accordance with the wishes of the defendant. Any proceeds from the sale of the firearms shall become the property of the defendant. The law enforcement officer or licensed dealer taking possession of any firearms pursuant to this subdivision shall issue a receipt to the designee describing the firearms and listing any serial number or other identification on the firearms at the time of surrender. (2) If the defendant owns. possesses. or has under his or her custody or control any firearms to relinquish. the defendant's designee shall submit the completed Prohibited Persons Relinquishment Form to the assigned probation officer, within fourteen days following conviction. along with the receipts described in subdivision (e)(1) showing the defendant's firearms were surrendered to a local law enforcement agency or sold or transferred to a licensed firearms dealer. 31 Amdt. (3) If the defendant does not own. possess. or have under his or her custody or control any firearms to relinquish, he or she shall, within fourteen days following conviction. submit the completed Prohibited Persons Relinquishment Form to the assigned probation officer. with a statement affirming that he or she has no firearms to be relinquished. (4) If the defendant is released from custody during the fourteen days following conviction and a designee has not yet taken temporary possession of each firearm to be relinquished as described above, the defendant shall, within five days following his or her release. relinquish each firearm required to be relinquished pursuant to subdivision (d)(1). (f) For good cause. the court may shorten or enlarge the time periods specified in subdivisions fd) and (e), enlarge the time period specified in subdivision (c)(3), or allow an alternative method of relinquishment. (g) The defendant shall not be subject to prosecution for unlawful possession of any firearms declared on the Prohibited Persons Relinquishment Form if the firearms are relinquished as required. (h) Any firearms that would otherwise be subject to relinquishment by a defendant under this section, but which are lawfully owned by a cohabitant of the defendant, shall be exempt from relinquishment, provided the defendant is notified that the cohabitant must store the firearm in accordance with Section 25135. (i) A law enforcement agency shall update the Automated Firearms System to reflect any firearms that were relinquished to the agency pursuant to this section. A law enforcement agency shall retain a firearm that was relinquished to the agency pursuant to this section for 30 days after the date the firearm was relinquished. After the 30 -day period has expired. the firearm is subject to destruction. retention, sale or other transfer by the agency, except upon the certificate of a judge of a court of record. or of the district attorney of the county, that the retention of the firearm is necessary or proper to the ends of justice. or if the defendant provides written notice of an intent to appeal a conviction for an offense described in subdivision (a). or if the Automated Firearms System indicates that the firearm was reported lost or stolen by the lawful owner. If the firearm was reported lost or stolen. the firearm shall be restored to the lawful owner, as soon as its use as evidence has been served, upon the lawful owner's identification of the weapon and proof of ownership. and after the law enforcement agency has complied with Chapter 2 (commencing with Section 33850) of Division 11 of Title 4. The agency shall notify the Department of Justice of the disposition of relinquished firearms pursuant to Section 34010. (j) A city, county, or city and county, or a state agency may adopt a regulation, ordinance, or resolution imposing a charge equal to its administrative costs relating to the seizure. impounding storage. or release of a firearm pursuant to Section 33880. (k) This section shall become operative on January 1. 2018. 32 Amdt. SEC. 11. Theft of Firearms. Sections 490.2 and 29805 of the Penal Code are hereby amended. Section 490.2 of the Penal Code is amended to read: (a) Notwithstanding Section 487 or any other provision of law defining grand theft, obtaining any property by theft where the value of the money, labor, real or personal property taken does not exceed nine hundred fifty dollars ($950) shall be considered petty theft and shall be punished as a misdemeanor, except that such person may instead be punished pursuant to subdivision (h) of Section 1170 if that person has one or more prior convictions for an offense specified in clause (iv) of subparagraph (C) of paragraph (2) of subdivision (e) of Section 667 or for an offense requiring registration pursuant to subdivision (c) of Section 290. (b) This section shall not be applicable to any theft that may be charged as an infraction pursuant to any other provision of law. (c) This section shall not applv to theft of a firearm. Section 29805 of the Penal Code is amended to read: 29805. Except as provided in Section 29855 or subdivision (a) of Section 29800, any person who has been convicted of a misdemeanor violation of Section 71, 76, 136.1, 136.5, or 140, subdivision (d) of Section 148, Section 171b, paragraph (1) of subdivision (a) of Section 171 c, 171d, 186.28, 240, 241, 242, 243, 243.4, 244.5, 245, 245.5, 246.3, 247, 273.5, 273.6, 417, 417.6, 422, 626.9, 646.9, or 830.95, subdivision (a) of former Section 12100, as that section read at any time from when it was enacted by Section 3 of Chapter 1386 of the Statutes of 1988 to when it was repealed by Section 18 of Chapter 23 of the Statutes of 1994, Section 17500, 17510, 25300, 25800, 30315, or 32625, subdivision (b) or (d) of Section 26100, or Section 27510, or Section 8100, 8101, or 8103 of the Welfare and Institutions Code, any firearm -related offense pursuant to Sections 871.5 and 1001.5 of the Welfare and Institutions Code, Section 490.2 if the property taken was a firearm. or of the conduct punished in subdivision (c) of Section 27590, and who, within 10 years of the conviction, owns, purchases, receives, or has in possession or under custody or control, any firearm is guilty of a public offense, which shall be punishable by imprisonment in a county jail not exceeding one year or in the state prison, by a fine not exceeding one thousand dollars ($1,000), or by both that imprisonment and fine. The court, on forms prescribed by the Department of Justice, shall notify the department of persons subject to this section. However, the prohibition in this section may be reduced, eliminated, or conditioned as provided in Section 29855 or 29860. SEC. 12. Interim Standards. Notwithstanding the Administrative Procedure Act (APA), and in order to facilitate the prompt implementation of the Safety For All Act of 2016, the California Department of Justice may adopt interim standards without compliance with the procedures set forth in the APA. The interim standards shall remain in effect for no more than two years, and may be earlier 33 Amdt. superseded by regulations adopted pursuant to the APA. "Interim standards" mean temporary standards that perform the same function as "emergency regulations" under the Administrative Procedure Act (Goverment Code, Title 2, Division 3, Part 1, Chapter 3.5, Sections 11340 et seq.), except that in order to provide greater opportunity for public comrnent on permanent regulations, the interim standards may remain in force for two years rather than 180 days. SEC. 13. Amending the Measure. This Act shall be broadly construed to accomplish its purposes. The provisions of this measure may be amended by a vote of 55 percent of the members of each house of the Legislature and signed by the Governor so long as such amendments are consistent with and further the intent of this Act. SEC. 14. Conflicting Measures. (a) In the event that this measure and another measure on the same subject matter, including but not limited to the regulation of the sale and/or possession of firearms or ammunition, shall appear on the same statewide ballot, the provisions of the other measure or measures shall be deemed to be in conflict with this measure. In the event that this measure receives a greater number of affirmative votes than a measure deemed to be in conflict with it, the provisions of this measure shall prevail in their entirety, and the other measure or measures shall be null and void. (b) If this measure is approved by voters but superseded by law by any other conflicting measure approved by voters at the sante election, and the conflicting ballot measure is later held invalid, this measure shall be self-executing and given full force and effect. SEC. 15. Severability. If any provision of this measure, or part of this measure, or the application of any provision or part to any person or circumstance, is for any reason held to be invalid or unconstitutional, the remaining provisions, or applications of provisions, shall not be affected, but shall remain in full force and effect, and to this end the provisions of this measure are severable. SEC. 16. Proponent Standing. Notwithstanding any other provision of law, if the State, government agency, or any of its officials fail to defend the constitutionality of this act, following its approval by the voters, any other government employer, the proponent, or in their absence, any citizen of this State shall have the authority to intervene in any court action challenging the constitutionality of this act for the purpose of defending its constitutionality, whether such action is in trial court, on appeal, and on discretionary review by the Supreme Court of California and/or the Supreme Court of the United States. The reasonable fees and costs of defending the action shall be a charge on funds appropriated to the Department of Justice, which shall be satisfied promptly. 34