Today's Law As Amended


Bill PDF |Add To My Favorites | print page

SB-1038 Firearms.(2023-2024)



As Amends the Law Today


SECTION 1.

 Section 11108.3 of the Penal Code is amended to read:

11108.3.
 (a) In addition to the requirements of Section 11108.2 that apply to a law enforcement agency’s duty to report to the Department of Justice the recovery of a firearm, a law enforcement agency described in Section 11108.2 shall, and any other law enforcement agency or agent, including but not limited to a federal or tribal law enforcement agency or agent, may, report to the department in a manner determined by the Attorney General in consultation with the Bureau of Alcohol, Tobacco, Firearms and Explosives all available information necessary to identify and trace the history of all recovered firearms that are illegally possessed, have been used in a crime, or are suspected of having been used in a crime, within seven calendar days of obtaining the information.
(b) When the department receives information from a law enforcement agency pursuant to subdivision (a), it shall promptly forward this information to the National Tracing Center of the federal Bureau of Alcohol, Tobacco, Firearms and Explosives to the extent practicable.
(c) In implementing this section, the Attorney General shall ensure to the maximum extent practical that both of the following apply:
(1) The information provided to the federal Bureau of Alcohol, Tobacco, Firearms and Explosives enables that agency to trace the ownership of the firearm described in subdivision (a).
(2) Law enforcement agencies can report all relevant information without being unduly burdened by this reporting function.
(d) Information collected pursuant to this section shall be maintained by the department for a period of not less than 10 years, and shall be available, under guidelines set forth by the Attorney General, for academic and policy research purposes.
(e) The department shall, on an ongoing basis, analyze the information collected pursuant to this section for patterns and trends relating to recovered firearms that have been illegally possessed, used in a crime, or suspected to have been used in a crime, including the leading sources and origins of those firearms.
(f) (1) The department shall, by no later than July 1, 2023, and annually thereafter, prepare and submit a report to the Legislature summarizing the analysis completed pursuant to subdivisions (e) and (g).  subdivision (e).  This report shall be submitted in compliance with Section 9795 of the Government Code.
(2) The report shall, without limitation and to the extent possible, include all of the following:
(A) The total number of firearms recovered in the state.
(B) The number of firearms recovered, disaggregated by county and by city.
(C) The number of firearms recovered, disaggregated by the firearms dealer where the most recent sale or transfer of the firearm occurred. This shall include the full name and address of the firearms dealer.
(D) The number of firearms recovered, disaggregated by manufacturer.
(E) The total number of unserialized firearms recovered in the state.
(F) The number of unserialized firearms recovered, disaggregated by county and by city.
(3) The department shall make the report described in this subdivision available to the public.
(g) The report described in subdivision (f) shall also contain all of the following information from the applicable time period described in subdivision (h): Attorney General may issue regulations to further the purposes of this section. 
(1) The department’s staffing levels for conducting firearms dealer inspections pursuant to Section 26720 and ammunition vendor inspections pursuant to Section 30345, to include both allocated positions and filled positions.
(2) The number of firearms dealer inspections conducted and, for each inspection, all of the following information:
(A) The name of the dealer.
(B) The dealer’s license number.
(C) The business address of the dealer.
(D) The number of hours spent to complete the inspection.
(E) A list of violations identified through the inspection, whether those violations were subsequently resolved and, if so, the date they were resolved, and any fines or penalties assessed.
(F) The date of reinspection, if applicable, and any violations identified during reinspection.
(G) The dates of any prior inspections.
(H) The number of Dealers’ Record of Sale (DROS) background checks submitted by the dealer during the one-year period prior to the inspection, and the outcome of those background checks.
(I) The total number of firearms used in crimes that were traced back to the dealer during the one-year period prior to the inspection, and the percentage of total sales by the dealer in the same period of time that the traced firearms represent.
(J) The number of firearms that the dealer reported or discovered lost or stolen during the one-year period prior to the inspection.
(3) The number of ammunition vendor inspections conducted and, for each inspection, all of the following information:
(A) The name of the vendor.
(B) The vendor’s license number.
(C) The business address of the vendor.
(D) The number of hours spent to complete the inspection.
(E) A list of violations identified through the inspection, whether those violations were subsequently resolved and, if so, the date they were resolved, and any fines or penalties assessed.
(F) The date of reinspection, if applicable, and any violations identified during reinspection.
(G) The dates of any prior inspections.
(H) The number of ammunition purchaser background checks submitted by the vendor during the one-year period prior to the inspection, and the outcome of those background checks.
(I) The amount of ammunition that the vendor reported or discovered lost or stolen during the one-year period prior to the inspection.
(4) All of the following information regarding the roster of handguns that have been determined not to be unsafe handguns, as described in Section 32015:
(A) The total number of handguns on the roster.
(B) The number of handguns added to the roster during the applicable time period.
(C) The number of handguns removed from the roster during the applicable time period, including the reasons for removal.
(D) The number of handguns that were denied approval to be listed on the roster during the applicable time period, including the reasons for denial.
(h) (1)  The report described in subdivision (f) that is due by no later that July 1, 2025, shall include the data described in subdivision (g) from January 1, 2020, to December 31, 2024, inclusive. Each annual report thereafter shall include the data described in subdivision (g) from  department shall inspect the 25 firearm dealer locations that are the source or origin of the highest gross number of firearms that were illegally possessed, used in a crime, or suspected to have been used in a crime, as described in the report specified in subdivision (e) and submitted pursuant to subdivision (f) within  the previous year.
(i) (2)  The Attorney General may issue regulations to further the purposes of this section. This subdivision does not require a dealer location to be inspected if an inspection has already been completed by the department within the previous year pursuant to Section 26720. 

SEC. 2.

 Section 25250 of the Penal Code is amended to read:

25250.
 (a) Commencing July 1, 2017, every  Every  person shall report the loss or theft of a firearm he or she owns or possesses  they own or possess  to a local law enforcement agency in the jurisdiction in which the theft or loss occurred within five days 48 hours  of the time he or she  they  knew or reasonably should have known that the firearm had been stolen or lost.
(b) Every person who has reported a firearm lost or stolen under subdivision (a) shall notify the local law enforcement agency in the jurisdiction in which the theft or loss occurred within five days if the firearm is subsequently recovered by the person.
(c) Notwithstanding subdivision (a), a person shall not be required to report the loss or theft of a firearm that is an antique firearm within the meaning of subdivision (c) of Section 16170.

SEC. 3.

 Section 26835 of the Penal Code is amended to read:

26835.
 (a) A licensee shall conspicuously post within the licensed premises the following warnings in block letters not less than one inch in height:
(1) “FIREARMS MUST BE HANDLED RESPONSIBLY AND SECURELY STORED TO PREVENT ACCESS BY CHILDREN AND OTHER UNAUTHORIZED USERS. CALIFORNIA HAS STRICT LAWS PERTAINING TO FIREARMS, AND YOU MAY BE FINED OR IMPRISONED IF YOU FAIL TO COMPLY WITH THEM. VISIT THE WEBSITE OF THE CALIFORNIA ATTORNEY GENERAL AT HTTPS://OAG.CA.GOV/FIREARMS FOR INFORMATION ON FIREARM LAWS APPLICABLE TO YOU AND HOW YOU CAN COMPLY.”
(2) “IF YOU KEEP A FIREARM WITHIN ANY PREMISES UNDER YOUR CUSTODY OR CONTROL, AND A PERSON UNDER 18 YEARS OF AGE OBTAINS IT AND USES IT, RESULTING IN INJURY OR DEATH, OR CARRIES IT TO A PUBLIC PLACE, YOU MAY BE GUILTY OF A MISDEMEANOR OR A FELONY UNLESS YOU STORED THE FIREARM IN A LOCKED CONTAINER OR LOCKED THE FIREARM WITH A LOCKING DEVICE TO KEEP IT FROM TEMPORARILY FUNCTIONING.”
(3) “CHILDREN MAY BE UNABLE TO DISTINGUISH FIREARMS FROM TOYS AND MAY OPERATE FIREARMS, CAUSING SEVERE INJURIES OR DEATH. IF YOU KEEP A FIREARM WITHIN ANY PREMISES UNDER YOUR CUSTODY OR CONTROL, AND A PERSON UNDER 18 YEARS OF AGE GAINS ACCESS TO THE FIREARM AND CARRIES IT OFF-PREMISES, YOU MAY BE GUILTY OF A MISDEMEANOR, UNLESS YOU STORED THE FIREARM IN A LOCKED CONTAINER, OR LOCKED THE FIREARM WITH A LOCKING DEVICE TO KEEP IT FROM TEMPORARILY FUNCTIONING.”
(4) “YOU MAY BE GUILTY OF A MISDEMEANOR, INCLUDING A SIGNIFICANT FINE OR IMPRISONMENT, IF YOU KEEP A FIREARM WHERE A MINOR IS LIKELY TO ACCESS IT OR IF A MINOR OBTAINS AND IMPROPERLY USES IT, OR CARRIES IT OFF OF THE PREMISES TO A SCHOOL OR SCHOOL-SPONSORED EVENT, UNLESS YOU STORED THE FIREARM IN A LOCKED CONTAINER OR LOCKED THE FIREARM WITH A LOCKING DEVICE.”
(5) “IF YOU NEGLIGENTLY STORE OR LEAVE A FIREARM WITHIN ANY PREMISES UNDER YOUR CUSTODY OR CONTROL WHERE A PERSON UNDER 18 YEARS OF AGE IS LIKELY TO ACCESS IT, YOU MAY BE GUILTY OF A MISDEMEANOR, INCLUDING A SIGNIFICANT FINE, UNLESS YOU STORED THE FIREARM IN A LOCKED CONTAINER OR LOCKED THE FIREARM WITH A LOCKING DEVICE.”
(6) “DISCHARGING FIREARMS IN POORLY VENTILATED AREAS, CLEANING FIREARMS, OR HANDLING AMMUNITION MAY RESULT IN EXPOSURE TO LEAD, A SUBSTANCE KNOWN TO CAUSE BIRTH DEFECTS, REPRODUCTIVE HARM, AND OTHER SERIOUS PHYSICAL INJURY. HAVE ADEQUATE VENTILATION AT ALL TIMES. WASH HANDS THOROUGHLY AFTER EXPOSURE.”
(7) “FEDERAL REGULATIONS PROVIDE THAT IF YOU DO NOT TAKE PHYSICAL POSSESSION OF THE FIREARM THAT YOU ARE ACQUIRING OWNERSHIP OF WITHIN 30 DAYS AFTER YOU COMPLETE THE INITIAL BACKGROUND CHECK PAPERWORK, THEN YOU HAVE TO GO THROUGH THE BACKGROUND CHECK PROCESS A SECOND TIME IN ORDER TO TAKE PHYSICAL POSSESSION OF THAT FIREARM.”
(8) “NO PERSON SHALL MAKE AN APPLICATION TO PURCHASE MORE THAN ONE FIREARM WITHIN ANY 30-DAY PERIOD AND NO DELIVERY SHALL BE MADE TO ANY PERSON WHO HAS MADE AN APPLICATION TO PURCHASE MORE THAN ONE FIREARM WITHIN ANY 30-DAY PERIOD.”
(9) “IF A FIREARM YOU OWN OR POSSESS IS LOST OR STOLEN, YOU MUST REPORT THE LOSS OR THEFT TO A LOCAL LAW ENFORCEMENT AGENCY WHERE THE LOSS OR THEFT OCCURRED WITHIN FIVE DAYS 48 HOURS  OF THE TIME YOU KNEW OR REASONABLY SHOULD HAVE KNOWN THAT THE FIREARM HAD BEEN LOST OR STOLEN.”
(b) (1) In addition to the notice required by subdivision (a), a licensee shall post conspicuously within the licensed premises, on a contrasting background and written in block letters not less than one inch in height, an additional notice containing the following statement:
“WARNING:
IF YOU OR A LOVED ONE IS EXPERIENCING DISTRESS OR DEPRESSION OR IS CONTEMPLATING SUICIDE, PLEASE CALL 988 (THE 988 SUICIDE AND CRISIS LIFELINE).
ACCESS TO A FIREARM IN THE HOME SIGNIFICANTLY INCREASES THE RISK OF SUICIDE, DEATH, AND INJURY DURING DOMESTIC VIOLENCE DISPUTES, AND THE UNINTENTIONAL DEATH AND TRAUMATIC INJURY TO CHILDREN, HOUSEHOLD MEMBERS, AND GUESTS.”
(2) The statement in paragraph (1) shall be posted on the counter of one of the main gun displays or within five feet of the cash register. In the case that posting the statement on the counter of a gun display or within five feet of the cash register is impossible, the licensed dealer shall post the statement conspicuously within the licensed premises. The statement shall not be placed on the floor or the ceiling of the premises.
(3) The word “WARNING” in paragraph (1) shall be on a separate line above the other text in the statement.
(4) The sentence “IF YOU OR A LOVED ONE IS EXPERIENCING DISTRESS OR DEPRESSION OR IS CONTEMPLATING SUICIDE, PLEASE CALL 988 (THE 988 SUICIDE AND CRISIS LIFELINE).” in paragraph (1) shall be on a separate line below “WARNING” and above the other text in the statement.
(c) This section shall become operative on January 1, 2024.

SEC. 4.

 Section 26905 of the Penal Code is amended to read:

26905.
 (a) On the date of receipt, a licensee shall report to the Department of Justice, in a format prescribed by the department, the acquisition by the licensee of the ownership of a handgun, and commencing January 1, 2014, of any  firearm.
(b) The provisions of this section shall not apply to any of the following transactions:
(1) A transaction subject to the provisions of Sections 26960 and 27660.
(2) The dealer acquired the firearm from a wholesaler.
(3) The dealer acquired the firearm from a person who is licensed as a manufacturer or importer to engage in those activities pursuant to Chapter 44 (commencing with Section 921) of Title 18 of the United States Code and any regulations issued pursuant thereto. to those provisions. 
(4) The dealer acquired the firearm from a person who resides outside this state who is licensed pursuant to Chapter 44 (commencing with Section 921) of Title 18 of the United States Code and any regulations issued pursuant thereto. to those provisions. 
(5) The  When a  dealer who  is also licensed as a secondhand dealer dealer,  pursuant to Article 4 (commencing with Section 21625) of Chapter 9 of Division 8 of the Business and Professions Code, acquires a handgun, and, commencing January 1, 2014, any firearm,  firearm  and reports its acquisition pursuant to Section 21628.2 of the Business and Professions Code.
(c) This section shall become inoperative on January 1, 2027, and as of that date is repealed.

SEC. 5.

 Section 26905 is added to the Penal Code, to read:

26905.
 (a) On the date of receipt, a licensee shall report to the Department of Justice, in a format prescribed by the department, the acquisition by the licensee of the ownership of a firearm.
(b) The provisions of this section shall not apply to either of the following transactions:
(1) A transaction subject to the provisions of Sections 26960 and 27660.
(2) When a dealer who is also licensed as a secondhand dealer, pursuant to Article 4 (commencing with Section 21625) of Chapter 9 of Division 8 of the Business and Professions Code, acquires a firearm and reports its acquisition pursuant to Section 21628.2 of the Business and Professions Code.
(c) This section shall become operative on January 1, 2027.

SEC. 6.

 Article 7 (commencing with Section 28495) is added to Chapter 6 of Division 6 of Title 4 of Part 6 of the Penal Code, to read:

Article  7. Annual Reporting of Inventory by Dealers
28495.
 (a) (1) A firearm dealer shall annually, by December 31 of each year, certify their inventory to the Department of Justice.
(2) A firearm dealer shall include the make, model, and serial number of their entire inventory in the annual certification.
(3) Upon request by a local law enforcement agency, the Department of Justice shall send a copy of the annual certifications to the agency.
(b) The Attorney General, a city attorney, or county counsel may impose a civil penalty on a person who violates this section in the amount of three thousand dollars ($3,000) per day for the first violation, five thousand dollars ($5,000) per day for a second violation, and ten thousand dollars ($10,000) per day for a third and subsequent violation. Any civil penalties collected pursuant to this section shall be paid to the office of the Attorney General, city attorney, or county counsel, whichever office brought the action.