AB 368

Current law provides that a federally licensed firearms dealer may not transfer

a handgun after a sale until the dealer has performed a background check on the

prospective transferee to determine if he or she is prohibited from possessing a

firearm under state or federal law. This bill generally prohibits any person from

transferring any firearm, including the frame or receiver of a firearm, unless the

transfer occurs through a federally licensed firearms dealer and involves a

background check of the prospective transferee. Under the bill, the following are

excepted from that prohibition: a transfer to a firearms dealer or to a law

enforcement or armed services agency; a transfer of a firearm classified as antique;

or a transfer that is by gift, bequest, or inheritance to a family member. A person who

is convicted of violating the prohibition is guilty of a misdemeanor and must be fined

not less than $500 nor more than $10,000, may be imprisoned for not more than nine

months, and may not possess a firearm for a period of two years.

Because this bill creates a new crime or revises a penalty for an existing crime,

the Joint Review Committee on Criminal Penalties may be requested to prepare a

report.