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AB-228 Firearms.(2021-2022)

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Date Published: 01/21/2022 12:16 PM
AB228:v97#DOCUMENT

Amended  IN  Assembly  January 24, 2022
Amended  IN  Assembly  January 03, 2022

CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Assembly Bill
No. 228


Introduced by Assembly Member Rodriguez

January 12, 2021


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


LEGISLATIVE COUNSEL'S DIGEST


AB 228, as amended, Rodriguez. Firearms.
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 would, commencing January 1, 2024, require the department to conduct inspections of dealers at least every 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. The bill would also specify minimum sampling standards for the audit of dealer records during an inspection.
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 The Department of Justice shall may conduct inspections of dealers at least every three years to ensure compliance with Section 16575.
(1) Commencing on January 1, 2024, the department shall conduct inspections of all dealers, except a dealer specified in subdivision (c), at least once every three years, to ensure compliance with Section 16575.
(2) Inspections of dealers pursuant to this subdivision shall include an audit of dealer records that includes a sampling of at least 25 percent but no more than 50 percent of each record type.
(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) (b) to ensure compliance with Section 16575.