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AB-295 Firearms: gun show promoters.(1999-2000)

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AB295:v90#DOCUMENT

Assembly Bill No. 295
CHAPTER 247

An act to amend Sections 171b and 12071.1 of, and to add Section 12071.4 to, the Penal Code, relating to firearms.

[ Filed with Secretary of State  August 30, 1999. Approved by Governor  August 27, 1999. ]

LEGISLATIVE COUNSEL'S DIGEST


AB 295, Corbett. Firearms: gun show promoters.
Existing law provides, with specified exceptions, that it is an offense to bring or possess, among other things, a firearm within any state or local public building.
This bill would, in addition, provide an exception for guns brought to gun shows, as specified. By changing the definition of a crime, this bill would impose a state-mandated local program.
Existing law prohibits a person from promoting or otherwise organizing a gun show or event, as defined, unless that person possesses a valid certificate of eligibility. Existing law requires specified information regarding participants who will sell or transfer firearms at a gun show to be provided to local law enforcement within specified time limits. A violation of these provisions is a misdemeanor, and renders a person ineligible for a certificate of eligibility for a period of one year, as specified.
This bill would define a licensed gun show promoter as a person who has obtained a certificate of eligibility, and would require a licensed gun show promoter to pay an annual fee of $85 to the Department of Justice. This bill would require additional information regarding participants who will sell or transfer firearms at a gun show to be provided to the Department of Justice and local law enforcement within other specified time limits. This bill would also provide that failure by a firearms dealer to provide specified information needed by the promoter, or failure by the promoter to supply certain information, as specified, would result in the dealer being prohibited from participating in the gun show or prohibit the gun show from commencing, respectively.
Existing law generally regulates the transfer or sale of firearms at gun shows.
This bill would, (1) require contracts between gun show producers and gun show vendors, (2) impose certain requirements upon vendors in connection with the sale and display of firearms and ammunition at a gun show, as specified, (3) prohibit, except for gun show vendors, peace officers and security personnel, any person at a gun show from simultaneously possessing ammunition and a firearm, (4) require the posting of specified notices in regard to enforcement of firearms sales, (5) require each vendor to provide specified information regarding persons working in the vendor’s display area to be kept by the show producer, (6) require all firearms brought onto the premises to be checked and tagged, as specified, (7) provide that no minor shall be admitted to, or be permitted to remain at, a gun show or event unless the minor is accompanied by the minor’s parent, grandparent, or legal guardian at all times while at the gun show or event, and (8) provide that a violation of these provisions shall be an infraction or misdemeanor, as specified, thereby creating a new crime and a state-mandated local program. 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.

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


SECTION 1.

 Section 171b of the Penal Code is amended to read:

171b.
 (a) Any person who brings or possesses within any state or local public building or at any meeting required to be open to the public pursuant to Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5 of, or Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of, the Government Code, any of the following is guilty of a public offense punishable by imprisonment in a county jail for not more than one year, or in the state prison:
(1) Any firearm.
(2) Any deadly weapon described in Section 653k or 12020.
(3) Any knife with a blade length in excess of four inches, the blade of which is fixed or is capable of being fixed in an unguarded position by the use of one or two hands.
(4) Any unauthorized tear gas weapon.
(5) Any taser or stun gun, as defined in Section 244.5.
(6) Any instrument that expels a metallic projectile, such as a BB or pellet, through the force of air pressure, CO2 pressure, or spring action, or any spot marker gun or paint gun.
(b) Subdivision (a) shall not apply to, or affect, any of the following:
(1) A person who possesses weapons in, or transports weapons into, a court of law to be used as evidence.
(2) (A) A duly appointed peace officer as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2, a retired peace officer with authorization to carry concealed weapons as described in subdivision (a) of Section 12027, a full-time paid peace officer of another state or the federal government who is carrying out official duties while in California, or any person summoned by any of these officers to assist in making arrests or preserving the peace while he or she is actually engaged in assisting the officer.
(B) Notwithstanding subparagraph (A), subdivision (a) shall apply to any person who brings or possesses any weapon specified therein within any courtroom if he or she is a party to an action pending before the court.
(3) A person holding a valid license to carry the firearm pursuant to Article 3 (commencing with Section 12050) of Chapter 1 of Title 2 of Part 4.
(4) A person who has permission to possess that weapon granted in writing by a duly authorized official who is in charge of the security of the state or local government building.
(5) A person who lawfully resides in, lawfully owns, or is in lawful possession of, that building with respect to those portions of the building that are not owned or leased by the state or local government.
(6) A person licensed or registered in accordance with, and acting within the course and scope of, Chapter 11.5 (commencing with Section 7512) or Chapter 11.6 (commencing with Section 7590) of Division 3 of the Business and Professions Code who has been hired by the owner or manager of the building if the person has permission pursuant to paragraph (5).
(7) (A) A person who, for the purpose of sale or trade, brings any weapon that may otherwise be lawfully transferred, into a gun show conducted pursuant to Sections 12071.1 and 12071.4.
(B) A person who, for purposes of an authorized public exhibition, brings any weapon that may otherwise be lawfully possessed, into a gun show conducted pursuant to Sections 12071.1 and 12071.4.
(c) As used in this section, “state or local public building” means a building that meets all of the following criteria:
(1) It is a building or part of a building owned or leased by the state or local government, if state or local public employees are regularly present for the purposes of performing their official duties. A state or local public building includes, but is not limited to, a building that contains a courtroom.
(2) It is not a building or facility, or a part thereof, that is referred to in Section 171c, 171d, 626.9, 626.95, or 626.10 of this code, or in Section 18544 of the Elections Code.
(3) It is a building not regularly used, and not intended to be used, by state or local employees as a place of residence.

SEC. 2.

 Section 12071.1 of the Penal Code is amended to read:

12071.1.
 (a) No person shall produce, promote, sponsor, operate, or otherwise organize a gun show or event, as specified in subparagraph (B) of paragraph (1) of subdivision (b) of Section 12071, unless that person possesses a valid certificate of eligibility from the Department of Justice. Unless the department’s records indicate that the applicant is a person prohibited from possessing firearms, a certificate of eligibility shall be issued by the Department of Justice to an applicant provided the applicant does all of the following:
(1) Certifies that he or she is familiar with the provisions of this section and Section 12071.4.
(2) Ensures that liability insurance is in effect for the duration of an event or show in an amount of not less than one million dollars ($1,000,000).
(3) Provides an annual list of the gun shows or events that the applicant plans to promote, produce, sponsor, operate, or otherwise organize during the year for which the certificate of eligibility is issued, including the date, time, and location of the gun shows or events.
(b) If during that year the information required by paragraph (3) of subdivision (a) changes, or additional gun shows or events will be promoted, produced, sponsored, operated, or otherwise organized by the applicant, the producer shall notify the Department of Justice no later than 30 days prior to the gun show or event.
(c) As used in this section, a “licensed gun show producer” means a person who has been issued a certificate of eligibility by the Department of Justice pursuant to subdivision (a). No regulations shall be required to implement this subdivision.
(d) The Department of Justice shall adopt regulations to administer the certificate of eligibility program under this section and shall recover the full costs of administering the program by fees assessed applicants who apply for certificates. A licensed gun show producer shall be assessed an annual fee of eighty-five dollars ($85) by the department.
(e) (1) A willful failure by a gun show producer to comply with any of the requirements of this section, except for the posting of required signs, shall be a misdemeanor punishable by a fine not to exceed two thousand dollars ($2,000), and shall render the producer ineligible for a gun show producer license for one year from the date of the conviction.
(2) The willful failure of a gun show producer to post signs as required by this section shall be a misdemeanor punishable by a fine not to exceed one thousand dollars ($1,000) for the first offense and not to exceed two thousand dollars ($2,000) for the second or subsequent offense, and with respect to the second or subsequent offense, shall render the producer ineligible for a gun show producer license for one year from the date of the conviction.
(3) Multiple violations charged pursuant to paragraph (1) arising from more than one gun show or event shall be grounds for suspension of a producer’s certificate of eligibility pending adjudication of the violations.
(f) Prior to the commencement of a gun show or event, the producer thereof shall, upon written request, within 48 hours, or a later time specified by the requesting law enforcement agency, make available to the requesting law enforcement agency with jurisdiction over the facility, a complete and accurate list of all persons, entities, and organizations that have leased or rented, or are known to the producer to intend to lease or rent, any table, display space, or area at the gun show or event for the purpose of selling, leasing, or transferring firearms.
The producer shall thereafter, upon written request, for every day the gun show or event operates, within 24 hours, or a later time specified by the requesting law enforcement agency, make available to the requesting law enforcement agency with jurisdiction over the facility, an accurate, complete, and current list of the persons, entities, and organizations that have leased or rented, or are known to the producer to intend to lease or rent, any table, display space, or area at the gun show or event for the purpose of selling, leasing, or transferring firearms.
This subdivision applies to persons, entities, and organizations whether or not they participate in the entire gun show or event, or only a portion thereof.
(g) The information that may be requested by the law enforcement agency with jurisdiction over the facility, and that shall be provided by the producer upon request, may include, but is not limited to, the following information relative to a vendor who offers for sale firearms manufactured after December 31, 1898: his or her complete name, and a driver’s license or identification card number.
(h) The producer and facility manager shall prepare an annual event and security plan and schedule that shall include, at a minimum, the following:
(1) The type of shows or events including, but not limited to, antique or general firearms.
(2) The estimated number of vendors offering firearms for sale or display.
(3) The estimated number of attendees.
(4) The number of entrances and exits at the gun show or event site.
(5) The location, dates, and times of the shows or events.
(6) The contact person and telephone number for both the producer and the facility.
(7) The number of sworn peace officers employed by the producer or the facilities manager who will be present at the show or event.
(8) The number of nonsworn security personnel employed by the producer or the facility’s manager who will be present at the show or event.
(i) The annual event and security plan shall be submitted by either the producer or the facility’s manager to the Department of Justice and the law enforcement agency with jurisdiction over the facility. Not later than 15 days prior to the commencement of the gun show or event, the producer shall submit to the department, the law enforcement agency with jurisdiction over the facility site, and the facility’s manager a revised event and security plan if significant changes have been made since the annual plan was submitted, including a revised list of vendors that the producer knows, or reasonably should know, will be renting tables, space, or otherwise participating in the gun show or event. The event and security plan shall be approved by the facility’s manager prior to the event or show after consultation with the law enforcement agency with jurisdiction over the facility. No gun show or event shall commence unless the requirements of this subdivision are met.
(j) The producer shall be responsible for informing prospective gun show vendors of the requirements of this section and of Section 12071.4 that apply to vendors.
(k) The producer shall, within seven calendar days of the commencement of the show or event, but not later than noon on Friday for a show or event held on a weekend, submit a list of all prospective vendors and designated firearms transfer agents who are licensed firearms dealers to the Department of Justice for the purpose of determining whether these prospective vendors and designated firearms transfer agents possess valid licenses and are thus eligible to participate as licensed dealers at the show or event. The department shall examine its records and if it determines that a dealer’s license is not valid, it shall notify the show or event producer of that fact prior to the commencement of the show or event.
(l) If a licensed firearms dealer fails to cooperate with a producer or fails to comply with the applicable requirements of this section or Section 12071.4, that person shall not be allowed to participate in that show or event.
(m) If a producer fails to comply with subdivision (j) or (k), the gun show or event shall not commence until those requirements are met.
(n) All producers shall have written contracts with all gun show vendors selling firearms at the show or event.
(o) The producer shall require that signs be posted in a readily visible location at each public entrance to the show containing, but not limited to, the following notices:
(1) This gun show follows all federal, state, and local firearms and weapons laws without exception.
(2) All firearms carried onto the premises by members of the public will be checked, cleared of any ammunition, secured in a manner that prevents them from being operated, and an identification tag or sticker will be attached to the firearm prior to the person being allowed admittance to the show.
(3) No member of the public under the age of 18 years shall be admitted to the show unless accompanied by a parent, grandparent, or legal guardian.
(4) All firearms transfers between private parties at the show shall be conducted through a licensed dealer in accordance with applicable state and federal laws.
(5) Persons possessing firearms on this facility must have in their immediate possession government-issued photo identification, and display it upon request to any security officer or any peace officer, as defined in Section 830.
(p) The show producer shall post, in a readily visible location at each entrance to the parking lot at the show, signage that states: “The transfer of firearms on the parking lot of this facility is a crime.”
(q) It is the intent of the Legislature that the certificate of eligibility program established pursuant to this section be incorporated into the certificate of eligibility program established pursuant to Section 12071 to the maximum extent practicable.

SEC. 3.

 Section 12071.4 is added to the Penal Code, to read:

12071.4.
 (a) This section shall be known, and may be cited as, the Gun Show Enforcement and Security Act of 2000.
(b) All gun show or event vendors shall certify in writing to the producer that they:
(1) Will not display, possess, or offer for sale any firearms, knives, or weapons for which possession or sale is prohibited.
(2) Acknowledge that they are responsible for knowing and complying with all applicable federal, state, and local laws dealing with the possession and transfer of firearms.
(3) Will not engage in activities that incite or encourage hate crimes.
(4) Will process all transfers of firearms through licensed firearms dealers as required by state law.
(5) Will verify that all firearms in their possession at the show or event will be unloaded, and that the firearms will be secured in a manner that prevents them from being operated except for brief periods when the mechanical condition of a firearm is being demonstrated to a prospective buyer.
(6) Have complied with the requirements of subdivision (e).
(7) Will not display or possess black powder, or offer it for sale.
(c) All firearms transfers at the gun show or event shall be in accordance with applicable state and federal laws.
(d) Except for purposes of showing ammunition to a prospective buyer, ammunition at a gun show or event may be displayed only in closed original factory boxes or other closed containers.
(e) Prior to the commencement of a gun show or event, each vendor shall provide to the producer all of the following information relative to the vendor, the vendor’s employees, and other persons, compensated or not, who will be working or otherwise providing services to the public at the vendor’s display space if firearms manufactured after December 31, 1898, will be offered for sale:
(1) His or her complete name.
(2) His or her driver’s license or state-issued identification card number.
(3) His or her date of birth.
The producer shall keep the information at the show’s or event’s onsite headquarters for the duration of the show or event, and at the producer’s regular place of business for two weeks after the conclusion of the show or event, and shall make the information available upon request to any sworn peace officer for purposes of the officer’s official law enforcement duties.
(f) Vendors and employees of vendors shall wear name tags indicating first and last name.
(g) No person at a gun show or event, other than security personnel or sworn peace officers, shall possess at the same time both a firearm and ammunition that is designed to be fired in the firearm. Vendors having those items at the show for sale or exhibition are exempt from this prohibition.
(h) No member of the public who is under the age of 18 years shall be admitted to, or be permitted to remain at, a gun show or event unless accompanied by a parent or legal guardian. Any member of the public who is under the age of 18 shall be accompanied by his or her parent, grandparent, or legal guardian while at the show or event.
(i) Persons other than show or event security personnel, sworn peace officers, or vendors, who bring firearms onto the gun show or event premises shall sign in ink the tag or sticker that is attached to the firearm prior to being allowed admittance to the show or event, as provided for in subdivision (j).
(j) All firearms carried onto the premises of a gun show or event by members of the public shall be checked, cleared of any ammunition, secured in a manner that prevents them from being operated, and an identification tag or sticker shall be attached to the firearm, prior to the person being allowed admittance to the show. The identification tag or sticker shall state that all firearms transfers between private parties at the show or event shall be conducted through a licensed dealer in accordance with applicable state and federal laws. The person possessing the firearm shall complete the following information on the tag before it is attached to the firearm:
(1) The gun owner’s signature.
(2) The gun owner’s printed name.
(3) The identification number from the gun owner’s government-issued photo identification.
(k) All persons possessing firearms at the gun show or event shall have in his or her immediate possession, government-issued photo identification, and display it upon request, to any security officer, or any peace officer.
(l) Unless otherwise specified, a first violation of this section is an infraction. Any second or subsequent violation is a misdemeanor. Any person who commits an act which he or she knows to be a violation of this section is guilty of a misdemeanor for a first offense.

SEC. 4.

 No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.