SECTIONS 34350-34370 - California Statutes

PENAL CODE

SECTION 34350-34370

34350. (a) The Attorney General shall conduct a study to evaluate
ballistics identification systems to determine the feasibility and
potential benefits to law enforcement of utilizing a statewide
ballistics identification system capable of maintaining a database of
ballistic images and information from test fired and sold firearms.
The study shall include an evaluation of ballistics identification
systems currently used by state and federal law enforcement agencies
and the firearms industry. The Attorney General shall consult with
law enforcement agencies, firearms industry representatives, private
technology providers, and other appropriate parties in conducting the
study.
(b) In evaluating ballistics identification systems to determine
the feasibility of utilizing a statewide system as required pursuant
to subdivision (a), the Attorney General shall consider, at a
minimum, the following:
(1) The development of methods by which firearm manufacturers,
importers, and dealers may potentially capture ballistic images from
firearms prior to sale in California and forward that information to
the Attorney General.
(2) The development of methods by which the Attorney General will
receive, store, and make available to law enforcement ballistic
images submitted by firearm manufacturers, importers, and dealers
prior to sale in California.
(3) The potential financial costs to the Attorney General of
implementing and operating a statewide ballistics identification
system, including the process for receipt of information from firearm
manufacturers, importers, and dealers.
(4) The capability of a ballistics identification system
maintaining a database of ballistic images and information from test
fired firearms for all firearms sold in California.
(5) The compatibility of a ballistics identification system with
ballistics identification systems that are currently used by law
enforcement agencies in California.
(6) A method to ensure that state and local law enforcement
agencies can forward ballistic identification information to the
Attorney General for inclusion in a statewide ballistics
identification system.
(7) The feasibility and potential benefits to law enforcement of
requiring firearm manufacturers, importers, and dealers to provide
the Attorney General with ballistic images from any, or a selected
number of, test fired firearms prior to the sale of those firearms in
California.
(c) The Attorney General shall submit a report to the Legislature
with the results of the study not later than June 1, 2001. In the
event the report includes a determination that a ballistics
identification system and database is feasible and would benefit law
enforcement, the report shall also recommend a strategy for
implementation.

34355. (a) Section 34350 does not apply to any sale, delivery, or
transfer of firearms made to an authorized law enforcement
representative of any city, county, city and county, or state, or of
the federal government, for exclusive use by that governmental agency
if, prior to the sale, delivery, or transfer of these firearms,
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.
(b) Proper written authorization is defined as verifiable written
certification from the head of the agency by which the purchaser or
transferee 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 person
is employed.
(c) Within 10 days of the date a handgun is acquired by the
agency, a record of the same shall be entered as an institutional
weapon into the Automated Firearms System (AFS) via the California
Law Enforcement Telecommunications System (CLETS) by the law
enforcement or state agency. Any agency without access to AFS shall
arrange with the sheriff of the county in which the agency is located
to input this information via this system.

34360. Section 34350 does not apply to the loan of a firearm if all
of the following conditions are satisfied:
(a) The loan is made by an authorized law enforcement
representative of a city, county, or city and county, or of the state
or federal government.
(b) The loan is made to a peace officer employed by that agency
and authorized to carry a firearm.
(c) The loan is made for the carrying and use of that firearm by
that peace officer in the course and scope of the officer's duties.

34365. (a) Section 34350 does not apply to the sale, delivery, or
transfer of a firearm by a law enforcement agency to a peace officer
pursuant to Section 10334 of the Public Contract Code.
(b) Within 10 days of the date that a handgun is sold, delivered,
or transferred pursuant to Section 10334 of the Public Contract Code
to that peace officer, the name of the officer and the make, model,
serial number, and other identifying characteristics of the firearm
being sold, delivered, or transferred shall be entered into the
Automated Firearms System (AFS) via the California Law Enforcement
Telecommunications System (CLETS) by the law enforcement or state
agency that sold, delivered, or transferred the firearm. Any agency
without access to AFS shall arrange with the sheriff of the county in
which the agency is located to input this information via this
system.

34370. (a) Section 34350 does not apply to the sale, delivery, or
transfer of a firearm by a law enforcement agency to a retiring peace
officer who is authorized to carry a firearm pursuant to Chapter 5
(commencing with Section 26300) of Division 5.
(b) Within 10 days of the date that a handgun is sold, delivered,
or transferred to that retiring peace officer, the name of the
officer and the make, model, serial number, and other identifying
characteristics of the firearm being sold, delivered, or transferred
shall be entered into the Automated Firearms System (AFS) via the
California Law Enforcement Telecommunications System (CLETS) by the
law enforcement or state agency that sold, delivered, or transferred
the firearm. Any agency without access to AFS shall arrange with the
sheriff of the county in which the agency is located to input this
information via this system.