Today's Law As Amended


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AB-2459 Firearms dealers: conduct of business.(2015-2016)



As Amends the Law Today


SECTION 1.

 Section 26800 of the Penal Code is amended to read:

26800.
 (a)  A license under this chapter is subject to forfeiture for a breach of any of the prohibitions and requirements of this article, except those stated in the following provisions:
(a) (1)  Subdivision (c) of Section 26890.
(b) (2)  Subdivision (d) of Section 26890.
(c) (3)  Subdivision (b) of Section 26900.
(b) The department may assess a civil fine against a licensee, not to exceed five hundred dollars ($500), for any breach of a prohibition or requirement of this article that subjects the license to forfeiture under subdivision (a). The department may assess a civil fine not to exceed two thousand dollars ($2,000), for any breach of a prohibition or requirement of this article that subjects the license to forfeiture under subdivision (a), for either of the following:
(1) The licensee has received written notification from the department regarding the breach and subsequently failed to take corrective action in a timely manner.
(2) The licensee is otherwise determined by the department to have knowingly or with gross negligence breached the prohibition or requirement.

SEC. 2.

 Section 26805 of the Penal Code is amended to read:

26805.
 (a) (1)  Except as provided in subdivisions (b) and (c), the business of a licensee shall be conducted only in the buildings designated in the license.
(2) Commencing January 1, 2018, a license shall not designate any building that is a residence as a building where the licensee’s business may be conducted. For purposes of this section, “residence” means any structure intended or used for human habitation, including, but not limited to, dwellings, condominiums, apartments, rooms, motels, hotels, time-shares, and recreational or other vehicles in which human habitation occurs. This paragraph does not apply to gunsmiths.
(b) (1) A person licensed pursuant to Sections 26700 and 26705 may take possession of firearms and commence preparation of registers for the sale, delivery, or transfer of firearms at any gun show or event, as defined in Section 478.100 of Title 27 of the Code of Federal Regulations, or its successor, if the gun show or event is not conducted from any motorized or towed vehicle. A person conducting business pursuant to this subdivision shall be entitled to conduct business as authorized herein at any gun show or event in the state, without regard to the jurisdiction within this state that issued the license pursuant to Sections 26700 and 26705, provided the person complies with all applicable laws, including, but not limited to, the waiting period specified in subdivision (a) of Section 26815, and all applicable local laws, regulations, and fees, if any.
(2) A person conducting business pursuant to this subdivision shall publicly display the person’s license issued pursuant to Sections 26700 and 26705, or a facsimile thereof, at any gun show or event, as specified in this subdivision.
(c) (1) A person licensed pursuant to Sections 26700 and 26705 may engage in the sale and transfer of firearms other than handguns, at events specified in Sections 27900  26955, 27655, 27900,  and 27905, subject to the prohibitions and restrictions contained in those sections.
(2) A person licensed pursuant to Sections 26700 and 26705 may also accept delivery of firearms other than handguns, outside the building designated in the license, provided the firearm is being donated for the purpose of sale or transfer at an auction, raffle,  auction  or similar event specified in Section 27900.
(d) The firearm may be delivered to the purchaser, transferee, or person being loaned the firearm at one of the following places:
(1) The building designated in the license.
(2) The places specified in subdivision (b) or (c).
(3) The place of residence of, the fixed place of business of, or on private property owned or lawfully possessed by, the purchaser, transferee, or person being loaned the firearm.
(e) This section does not preclude or preempt a local ordinance that places additional or more stringent requirements on firearms dealers regarding where the business of the licensee may be conducted.

SEC. 3.

 Section 26920 is added to the Penal Code, to read:

26920.
 (a) A licensee shall ensure that its business premises are monitored by a video surveillance system that meets the requirements of this section.
(b) The video surveillance system shall use at least one security camera to visually record and archive color footage of
every sale or transfer of a firearm or ammunition, in a manner that makes the facial features of the purchaser or transferee clearly visible in the recorded footage.
(c) The video surveillance system shall operate and record continuously, without interruption, whenever the licensee is open for business.
(d) The stored images shall be maintained by the licensee for a period of not less than three years from the date of recordation.
(e) (1) Law enforcement may view the stored images during an inspection of the licensee to the extent reasonably necessary to verify that the video surveillance system is in proper working order and that the licensee is in compliance with this section.
(2) Except as provided in paragraph (1), the stored images shall only be available to the licensee, designated agents and employees of the licensee, law enforcement pursuant to a search warrant or voluntary relinquishment by the licensee, and any other individual pursuant to lawful discovery or court order.
(f) The video surveillance system shall be maintained in proper working order at all times. If the system becomes inoperable, it shall be repaired or replaced within 15 calendar days. The licensee shall inspect the system at least weekly to ensure that it is operational and images are being recorded and retained as required.
(g) The licensee shall post a sign in a conspicuous place at each entrance to the premises that states in block letters not less than one inch in height:

“THESE PREMISES ARE UNDER VIDEO SURVEILLANCE. YOUR IMAGE MAY BE RECORDED.”

(h) A licensee shall, on an annual basis, provide certification to the Department of Justice, in a manner prescribed by the department, that its video surveillance system is in proper working order.
(i) This section does not preclude or preempt a local ordinance that places additional or more stringent requirements on firearms dealers regarding video surveillance of the business premises of the licensee.