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SB-829 Motion picture production: armorers: firearm safety.(2021-2022)

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Date Published: 03/16/2022 09:00 PM
SB829:v98#DOCUMENT

Amended  IN  Senate  March 16, 2022

CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Senate Bill
No. 829

Introduced by Senator Portantino

January 03, 2022

An act relating to firearms. An act to add Chapter 26.5 (commencing with Section 22765) to Division 8 of the Business and Professions Code, relating to firearm safety in motion picture production.


LEGISLATIVE COUNSEL'S DIGEST


SB 829, as amended, Portantino. Entertainment firearms permits. Motion picture production: armorers: firearm safety.
Existing law authorizes a person who is at least 21 years of age to apply for an entertainment firearms permit from the Department of Justice, which authorizes the permit holder to possess firearms loaned to them for use solely as a prop in a motion picture, television, video, theatrical, or other entertainment production or event. Existing law requires the permit application to contain specified information, including a residential and mailing address, social security number, and date of birth, and requires the payment of a specified fee. Existing law makes it a crime to knowingly furnish incorrect information or knowingly omitting any information from an application for an entertainment firearms permit.

This bill would state the intent of the Legislature to enact legislation that would further regulate firearms in the entertainment industry.

This bill, for purposes of motion picture production, would authorize the use of a firearm on a production of a motion picture if the firearm is used with blanks and remains under the supervision of an armorer at all times. The bill would define terms for its purposes. Under the bill, an armorer would have specific responsibilities relating to the use of a firearm in the course of performance, including the sole authority to furnish a performer with a firearm containing blanks for use in the production. The bill would prohibit an armorer from having any other duties, responsibilities, or obligations during the time that a performer is using a firearm. The bill would require an employer to ensure that a fire code official is present on any motion picture production during the time any firearm and blanks are used in the motion picture production. The bill, with prescribed exceptions, would prohibit the use of ammunition in the production of a motion picture.
This bill would require the Office of the State Fire Marshal (the OSFM), in consultation with the Industry-Wide Labor-Management Safety Committee, on or before July 1, 2023, to develop a course with a prescribed curriculum on the safe use and supervision of firearms and blanks by armorers in a motion picture production. The bill would require the OSFM, on or before January 1, 2024, to develop a list of vendors approved to administer the armorers safety course and issue a certificate of completion. On and after July 1, 2024, an employer would be prohibited from employing an armorer unless the armorer has completed an armorers safety course from an approved vendor. The employer would be required to request and keep in their records a copy of the certificate of completion. The bill would require a person seeking to work as an armorer to complete the armorers safety course.
This bill would also require the OSFM, in consultation with the Industry-Wide Labor-Management Safety Committee, on or before July 1, 2023, to develop an internet web-based firearms safety course with a prescribed curriculum for motion picture production employees who work in close proximity to an armorer or a performer who will be using a firearm and for performers who will be using a firearm. The bill would require the OSFM, on or before January 1, 2024, to develop a list of vendors approved to make the online firearms safety course available and issue a certificate of completion. On and after July 1, 2024, the bill would require an employer of specified motion picture production employees to require them to take the online firearms safety course and to request and keep in their records a copy of the certificate of completion. The employer would be responsible for the cost of the course.
The bill would make an employer who fails to comply with the bill’s provisions liable for an unspecified civil penalty for each offense. The bill would authorize the Attorney General, a city attorney, or a county counsel to bring an action to impose a civil penalty, as prescribed.
The bill would establish exemptions from its provisions for specified registered security guards and peace officers.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NOYES   Local Program: NO  

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


SECTION 1.

 Chapter 26.5 (commencing with Section 22765) is added to Division 8 of the Business and Professions Code, to read:
CHAPTER  26.5. Firearm Safety in Motion Picture Production

22765.
 As used in this chapter:
(a) “Ammunition” means one or more loaded cartridges consisting of a primed case, propellant, and with one or more projectiles. “Ammunition” does not include blanks.
(b) “Armorer” means an individual who holds an entertainment firearms permit or dangerous weapons permit from the Department of Justice and has completed an armorers safety course from a vendor approved by the Office of the State Fire Marshal pursuant to Section 22766.5.
(c) “Blank” means a cartridge or shell designed to be used in a firearm to, when fired, create an explosive sound, muzzle flash, or recoil, or to cycle the action of the firearm, but that does not contain a bullet or projectile that is expelled from the barrel when fired, although a paper or plastic wad may be expelled.
(d) “Employer” means a person or entity engaged in the production of motion pictures.
(e) “Firearm” means a device, designed to expel through a barrel a projectile by the force of an explosion or other form of combustion, including the frame or receiver of the device. “Firearm” does not include a replica or simulated firearm.
(f) “Industry-Wide Labor-Management Safety Committee” means the group composed of union, guild, and employer representatives active in motion picture health and safety programs that meets regularly.
(g) “Performer” means a person who plays a character or persona in a motion picture production.
(h) “Production of a motion picture” or “motion picture production” means the development, creation, presentation, or broadcasting of theatrical, televised, or streamed motion picture, television program, commercial advertisements, music videos, or any other moving images, including, but not limited to, productions made for entertainment, commercial, religious, or educational purposes, whether these productions are presented by means of film, tape, live broadcast, cable, satellite transmission, internet, or any other technology that is now in use or may be adopted in the future.

22765.5.
 (a) A firearm may be used on a production of a motion picture if the firearm is used with blanks and remains under the supervision of an armorer at all times.
(b) The armorer shall have sole authority to furnish a performer with a firearm containing blanks for use in the production of a motion picture. The use of a firearm with blanks shall be limited to the duration of the performance by the performer. The armorer shall retrieve the firearm from the performer immediately upon completion of the performance. The armorer shall have no other duties, responsibilities, or obligations during the time that a performer is using a firearm.
(c) An employer shall ensure that a fire code official is present on any motion picture production during the time any firearm and blanks are used in the motion picture production. The motion picture production shall be responsible for the costs associated with the presence of the fire code official.

22766.
 The use of ammunition is prohibited in the production of a motion picture, unless one of the following applies:
(a) The motion picture production is a reality or documentary production capturing activity that occurs irrespective of the motion picture production and includes firearms and ammunition.
(b) All of the following requirements have been met:
(1) The ammunition is used in a controlled environment that is suitable for the use of ammunition, including a military or police facility, a private gun range, the deck of a vessel, or in an area deemed safe for that use.
(2) The local authority having jurisdiction has issued to the employer a film permit to engage in motion picture production within its jurisdiction.
(3) The employer has given notice to the motion picture production’s insurance company.
(4) The employer has notified the motion picture production’s safety department or production management.
(5) The employer has conducted a safety meeting to explain the procedures that will occur.
(6) Performers and motion picture production employees are limited to those required to be present for the performance.

22766.5.
 (a) (1) On or before July 1, 2023, the Office of the State Fire Marshal, in consultation with the Industry-Wide Labor-Management Safety Committee, shall develop a course on the safe use and supervision of firearms and blanks by armorers in motion picture production.
(2) The course curriculum for the armorers safety course shall include the following topics:
(A) Safe storage, inspection, handling, and use of firearms and blanks.
(B) Laws and regulations governing the transportation, storage, and use of firearms.
(C) Use of safety locks on all firearms.
(D) Use of eye and hearing protection.
(E) Proper firing procedures, including safe and appropriate procedures for the handling of situations in which a firearm fails to discharge or fire properly, or discharges accidentally.
(F) Restrictions and limitations on the individuals who have access to any firearms or blanks.
(G) Working with production management to ensure that all standards for the proper and safe storage, inspection, and handling of prop firearms and blanks are observed and followed.
(H) Conducting appropriate daily safety instruction for cast and crew and ensuring that no firearm is furnished to any person unless that person has been properly trained in the safe handling of prop firearms and blanks.
(I) Ensuring that no firearm is pointed at any person at any time, unless there has been consultation between the armorer, the performer, and production management.
(J) Ensuring that no firearm is left unattended.
(K) Prohibiting the use of any ammunition on a motion picture production set.
(L) Ensuring that the malfunction of any firearm or any situation in which a firearm fails to discharge or fire properly, or discharges accidently, is reported to the armorer immediately.
(M) Notifying all cast and crew of the use of firearms and blanks and ensuring that cast and crew not necessary to the firearm activity are at a safe distance from the firearm activity.
(N) Regular inspection of the set to ensure all firearms and blanks are rendered safe, secured, and accounted for, including, but not limited to, cleaning, checking, and conducting an inventory of all firearms at the end of each day.
(3) On or before January 1, 2024, the Office of the State Fire Marshal shall develop a list of vendors approved to administer the armorers safety course and issue a certificate of completion.
(4) On and after July 1, 2024, an employer shall not employ an armorer unless they have completed an armorers safety course from an approved vendor and shall request and keep in their records a copy of the certificate of completion.
(b) (1) On or before July 1, 2023, the Office of the State Fire Marshal, in consultation with the Industry-Wide Labor-Management Safety Committee, shall develop an internet web-based firearms safety course for motion picture production employees who work in close proximity to an armorer or a performer who will be using a firearm and for performers who will be using a firearm.
(2) The course curriculum shall include the following topics:
(A) Safe storage, inspection, handling, and use of firearms and blanks.
(B) Use of safety locks on all firearms.
(C) Use of eye and hearing protection.
(D) Proper firing procedures, including safe and appropriate procedures for the handling of situations in which a firearm fails to discharge or fire properly, or discharges accidentally.
(E) Ensuring that no firearm is pointed at any person at any time, unless there has been consultation between the armorer, the performer, and production management.
(F) Ensuring that no firearm is left unattended.
(G) Prohibiting the use of any ammunition on a production set.
(H) Ensuring that the malfunction of any firearm or any situation in which a firearm fails to discharge or fire properly, or discharges accidently, is reported to the armorer immediately.
(3) On or before January 1, 2024, the Office of the State Fire Marshal shall develop a list of vendors approved to make the online firearms safety course available and issue a certificate of completion.
(4) On and after July 1, 2024, the employer of a motion picture production employee who works in close proximity to an armorer or a performer who will be using a firearm or of a performer who will be using a firearm shall require that person to take the online firearms safety course developed pursuant to paragraph (1) and shall request and keep in their records a copy of the certificate of completion. The employer shall be responsible for the cost of the course.

22767.
 A person seeking to work as an armorer shall complete an armorers safety course made available pursuant to Section 22766.5.

22767.5.
 (a) An employer that fails to comply with this chapter may be liable for a civil penalty of ____dollars ($____) for each offense. The Attorney General, a city attorney, or a county counsel may bring an action to impose a civil penalty pursuant to this section.
(b) The civil penalty shall be deposited into the General Fund if the action is brought by the Attorney General. If the action is brought by a city attorney, the civil penalty shall be paid to the treasurer of the city in which the judgment is entered. If the action is brought by a county counsel, the civil penalty shall be paid to the treasurer of the county in which the judgment is entered.

22768.
 This chapter does not apply to either of the following:
(a) A registered security guard carrying a firearm in compliance with security guard firearms qualifications established in Sections 7583.2 to 7583.5, inclusive, of the Business and Professions Code, who is employed to provide security to the motion picture production and who, in the scope and the course of that employment, is at all times in possession and control of the firearm and remains on the perimeter of the motion picture production.
(b) A sworn peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, or sworn federal law enforcement officer, who is authorized to carry a firearm in the course and scope of the officer’s duties and who, in the scope and the course of their duties, is at all times in possession and control of the firearm and remains on the perimeter of the motion picture production.

SECTION 1.

It is the intent of the Legislature to enact legislation that would further regulate firearms in the entertainment industry.