Firearms: voluntary firearm storage program.

Plain English Breakdown

The bill summary and digest do not provide specific details on the duration of storage or what happens if someone cannot be found to retrieve their firearm.

Voluntary Firearm Storage Program

This bill allows people to voluntarily give their firearms to local police for safekeeping, with clear rules on how to do this and get the firearm back.

What This Bill Does

• Allows law enforcement agencies to create a program where people can choose to hand over their guns temporarily for safety reasons.
• Requires these agencies to provide instructions on how to give up and retrieve firearms in the program.
• Ensures that when someone gives a gun to police, it is checked against databases to make sure it's not stolen or involved in crimes.
• Says that if someone doesn't pick up their firearm after a certain time, the agency can destroy it.
• Exempts these voluntary transfers from normal rules about selling and carrying firearms.

Who It Names or Affects

• People who want to temporarily give their guns to local police for safety reasons
• Local law enforcement agencies that choose to run such a program

Terms To Know

Automated Firearms System

A database used by the government to track information about firearms and firearm owners.

Voluntary Transfer

When someone chooses to give their gun to police for safekeeping without being forced to do so.

Limits and Unknowns

• The bill does not specify how long a person can keep their firearm in storage.
• It is unclear if all law enforcement agencies will choose to create such programs.
• The bill does not specify what happens if someone wants to get their gun back but cannot be found.

Official Summary Text

AB 1974, as amended, Stefani.
Firearms: voluntary firearm storage program.
Existing law requires a person, who claims title to a firearm that is in the custody of a court or law enforcement agency and wishes to have it returned, to make an application for a determination by the Department of Justice as to whether the applicant is eligible to possess a firearm. Under existing law, a law enforcement agency or court that has taken custody of a firearm is prohibited from returning the firearm to an individual unless specified requirements are met, including, but not limited to, requiring the person to be eligible to possess a firearm and verifying that the firearm is not listed as stolen and the firearm has been recorded in the Automated Firearms System in the name of the person, as specified. Existing law requires any weapon that was carried unlawfully for specified crimes to be surrendered to specified law enforcement entities. Existing law requires weapons
surrendered pursuant to these provisions to be destroyed by the law enforcement entity.
This bill would authorize a law enforcement agency, as defined, to create a voluntary firearm storage program that allows a person to voluntarily transfer custody of their firearm to the local law enforcement agency for temporary safekeeping purposes to prevent firearm violence, suicide, and other injury. The bill would
authorize
require
a law enforcement agency adopting this program to provide clear instructions on the procedure to voluntarily transfer custody of a firearm and to provide
explicit
clear
instructions on the process for requesting return of the firearm, as specified. Upon receipt of a firearm, the bill would
authorize
require
a law enforcement agency to, among other things, check a certain database to ensure the firearm has not previously been reported lost, stolen, or involved in a crime and ensure that the requesting person is eligible to possess firearms when the firearm is returned to the person. The bill would require a law enforcement agency to destroy a firearm that a person failed to retrieve at the end of a time period specified by the law enforcement agency, except as provided.
Existing law prohibits the carrying of a concealed firearm or the open carrying of a firearm, as specified. Existing law provides certain exemptions to these
prohibitions, including exemptions for peace officers, retired peace officers, and persons possessing a valid license to carry a concealed firearm. Existing law generally regulates the sale and transfer of firearms, including, among other requirements and subject to exceptions, that the transfer of a firearm be conducted through a firearms dealer.
This bill would exempt the voluntary transfer of a firearm to a local law enforcement agency pursuant to the provisions above from these prohibitions and regulations.

Current Bill Text

Download Bill PDF