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SB-459 Firearms: dealer inspections.(2017-2018)

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Date Published: 01/23/2018 09:00 PM
SB459:v96#DOCUMENT

Amended  IN  Senate  January 23, 2018
Amended  IN  Senate  January 03, 2018
Amended  IN  Senate  April 17, 2017

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Senate Bill No. 459


Introduced by Senator Portantino

February 16, 2017


An act to amend Section 26720 of the Penal Code, relating to firearms.


LEGISLATIVE COUNSEL'S DIGEST


SB 459, as amended, Portantino. Firearms: dealer inspections.
Existing law authorizes the licensing authority of a city, county, or a city and county to grant licenses to sell firearms at retail within the city, county, or city and county. Existing law requires the Department of Justice to maintain a list of licensed firearms dealers. Existing law authorizes the department to inspect dealers to ensure compliance with specified provisions of firearms law and to assess an annual fee to cover the reasonable costs of maintaining the dealer list and conducting inspections. Existing law exempts a dealer located in a jurisdiction that has adopted an inspection program to ensure compliance with firearms law from that portion of the department’s fee that relates to the cost of inspections.
This bill would require the department to conduct inspections of dealers at least every 2 3 years, with the exception of a dealer whose place of business is located in a jurisdiction that has adopted an inspection program. The bill would authorize the department to inspect a dealer whose place of business is located in a jurisdiction that has adopted an inspection program.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 26720 of the Penal Code is amended to read:

26720.
 (a)  Except for a dealer specified in subdivision (c), the Department of Justice shall conduct inspections of dealers at least every two three years to ensure compliance with Section 16575.
(b) The department may assess an annual fee, not to exceed one hundred fifteen dollars ($115), to cover the reasonable cost of maintaining the list described in Section 26715, including the cost of inspections.
(c) A dealer whose place of business is located in a jurisdiction that has adopted an inspection program to ensure compliance with firearms law is exempt from that portion of the department’s fee that relates to the cost of inspections. The applicant is responsible for providing evidence to the department that the jurisdiction in which the business is located has the inspection program. The department may inspect a dealer who is exempt from mandatory inspections under subdivision (a) to ensure compliance with Section 16575.