Existing law prescribes various civil causes of action and the measure of damages for those actions.
Existing law requires any person who purchases or receives a firearm, as specified, to possess a firearm safety certificate. Existing law requires the Department of Justice to develop a written test required for the issuance of a firearm safety certificate. Existing law makes the violation of specified requirements with regard to firearms a misdemeanor or a felony, as specified.
This bill would would, commencing on January 1, 2024,
make a person who owns a firearm strictly civilly liable for each incidence of property damage, bodily injury, or death resulting from the use of their firearm. This bill would provide that strict liability does not apply if the owner of the firearm has reported their firearm to local law enforcement as lost or stolen prior to the damage, injury, or death. The bill would additionally require a person who owns a firearm to obtain and continuously maintain in full force and effect a homeowner’s, renter’s, auto, or gun liability insurance policy specifically covering losses or damages resulting from any negligent or accidental use of that firearm, including, but not limited to, death, injury, or property damage. This bill would require a person to keep written evidence of coverage in the place where a firearm is stored and to carry such evidence with them whenever transporting or otherwise possessing the firearm outside of the place where it is stored. The bill would require the person to present evidence of coverage to a peace officer when requested under specified circumstances.
stored. By creating new requirements for firearm owners, violations of which would be punishable as misdemeanors, this bill would impose a state-mandated local program.
The bill would also require the Insurance Commissioner to develop a standardized form of evidence of liability coverage.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.