30180.
(a) The Department of Justice shall develop and launch a secure Internet-based platform to allow a person who resides in California to voluntarily add their own name to the California Do Not Sell List, hereafter the registry. The department, in cooperation with the State Department of Public Health, and other relevant state agencies, shall ensure that this Internet-based platform is easy to find. The department shall ensure that the Internet-based platform does all of the following credibly:(1) Verifies the identity of a person who opts to register or requests removal.
(2) Prevents unauthorized disclosure of a person registering or requesting removal.
(3) Informs the potential registrant of the legal effects of registration or removal.
(b) (1) Once the Internet-based platform is operative, a person who resides in California may request, via the platform, to be added to the California Do Not Sell List. The department shall, on an ongoing basis, ensure that registry information is uploaded and reflected in the National Instant Criminal Background Check System (NICS) Index for California. The list shall not be used for any purpose other than to determine eligibility to purchase a firearm.
(2) (A) At the time of registration, a person may, but is not required to, list up to five electronic mail addresses with the registry to be notified that the person has voluntarily added their name to the California Do Not Sell List or that the person has requested that their name be removed from the registry. The department shall promptly provide notice by electronic mail to the provided electronic mail addresses of the fact that the person has requested removal from the registry.
(B) A person may request at any time that any of the electronic mail addresses provided to the department at the time of registration be removed from the registry. The department shall promptly provide notice by electronic mail to the provided electronic mail address of the fact that the person has requested that the electronic mail address not receive notifications.
(c) (1) Registration on the California Do Not Sell List renders receipt of a firearm by a registrant unlawful, however, possession after the moment of receipt is not unlawful and the fact of possession may not be relied upon to prove a violation of this paragraph.
(2) It is unlawful to knowingly transfer a firearm to a person who is on the California Do Not Sell List with knowledge that the person is validly registered on the California Do Not Sell List. A violation of this paragraph is punishable as a misdemeanor. A violation of this paragraph by a licensed firearms dealer is punishable as a misdemeanor including a fine of two thousand dollars ($2,000) and may result in a revocation of the dealer’s license.
(d) (1) No sooner than seven days after filing a voluntary waiver of firearm rights, the person may file a request for removal from the California Do Not Sell List via the internet-based platform.
(2) No sooner than 21 days after receiving a request for removal of a voluntary waiver of firearm rights, the department shall remove the person from the National Instant Criminal Background Check System (NICS) Index for California and any other federal or state computer-based systems used by law enforcement agencies or others to identify prohibited purchasers of firearms in which the person was entered, unless the person is otherwise ineligible to possess a firearm pursuant to any other law.
(e) (1) The fact that a person has requested to be added to the registry, is on the registry, has requested to be removed from the registry, or has been removed from the registry is confidential with respect to all matters involving health care, employment, education, housing, insurance, government benefits, and contracting.
(2) A violation of confidentiality occurs if a person or entity engaged in any activity described in paragraph (1), other than a healthcare professional, therapist, or counselor, inquires as to any confidential matter described in paragraph (1), or if any person described in paragraph (1), including, but not limited to, a healthcare professional, therapist, or counselor, takes any adverse action based on that information.
(3) The person whose confidentiality is violated by an inquiry or adverse action in violation of this subdivision may bring a private civil action for appropriate relief, including reasonable attorney’s fees, for each violation that occurs.
(f) No person shall be required to voluntarily waive their firearm rights as a condition of employment or of receiving any benefits or services.