AB 1525: Firearms warnings.
- Session Year: 2017-2018
- House: Assembly
- Latest Version Date: 2017-10-15
Existing law requires prescribed warnings on the packaging of any firearm and descriptive materials that accompany a firearm sold or transferred in the state by a licensed manufacturer or licensed dealer. Existing law also requires prescribed warnings to be posted within the premises of a licensed firearms dealer. Existing law requires the Department of Justice to develop an instructional manual to be made available to licensed firearms dealers, who are required to make it available to the public.
This bill, on and after January 1, 2018, would require a specified statement relating to the risks of firearms and the laws regulating firearms to be included in the warnings on the packaging of firearms and descriptive materials that accompany firearms and in the instructional manual developed by the department. The bill, on and after January 1, 2019, would also require additional specified warnings to be included at the premises of a licensed firearms dealer.
Existing law requires the department to develop a written objective test for the issuance of a firearm safety certificate, which is generally required for the purchase or receipt of a firearm. Existing law requires the department to update the testing material for the firearm safety certificate test every five years.
This bill, on and after January 1, 2019, would require a specified warning to be given to a person who takes the firearms safety certificate examination and would require the applicant to acknowledge receipt of the prescribed warning prior to issuance of the firearm safety certificate. The bill, on and after January 1, 2019, would require the department to update the testing material at least once every five years and would require the department to update a referenced Internet Web site regularly to reflect current laws and regulations.
Existing law requires prescribed warnings on the packaging of any firearm and descriptive materials that accompany a firearm sold or transferred in the state by a licensed manufacturer or licensed dealer. Existing law also requires prescribed warnings to be posted within the premises of a licensed firearms dealer. Existing law requires the Department of Justice to develop an instructional manual to be made available to licensed firearms dealers, who are required to make it available to the public.
This bill, on and after January 1, 2018, would require a specified statement relating to the risks of firearms and the laws regulating firearms to be included in the warnings on the packaging of firearms and descriptive materials that accompany firearms and in the instructional manual developed by the department. The bill, on and after January 1, 2019, would also require additional specified warnings to be included at the premises of a licensed firearms dealer.
Existing law requires the department to develop a written objective test for the issuance of a firearm safety certificate, which is generally required for the purchase or receipt of a firearm. Existing law requires the department to update the testing material for the firearm safety certificate test every five years.
This bill, on and after January 1, 2019, would require a specified warning to be given to a person who takes the firearms safety certificate examination and would require the applicant to acknowledge receipt of the prescribed warning prior to issuance of the firearm safety certificate. The bill, on and after January 1, 2019, would require the department to update the testing material at least once every five years and would require the department to update a referenced Internet Web site regularly to reflect current laws and regulations.
Existing law requires prescribed warnings on the packaging of any firearm and descriptive materials that accompany a firearm sold or transferred in the state by a licensed manufacturer or licensed dealer. Existing law also requires prescribed warnings to be posted within the premises of a licensed firearms dealer. Existing law requires the Department of Justice to develop an instructional manual to be made available to licensed firearms dealers, who are required to make it available to the public.
This bill, on and after January 1, 2018, would require a specified statement relating to the risks of firearms and the laws regulating firearms to be included in the warnings on the packaging of firearms and descriptive materials that accompany firearms and in the instructional manual developed by the department. The bill, on and after January 1, 2019, would also require additional specified warnings to be included at the premises of a licensed firearms dealer.
Existing law requires the department to develop a written objective test for the issuance of a firearm safety certificate, which is generally required for the purchase or receipt of a firearm. Existing law requires the department to update the testing material for the firearm safety certificate test every five years.
This bill, on and after January 1, 2019, would require a specified warning to be given to a person who takes the firearms safety certificate examination and would require the applicant to acknowledge receipt of the prescribed warning prior to issuance of the firearm safety certificate. The bill, on and after January 1, 2019, would require the department to update the testing material at least once every five years and would require the department to update a referenced Internet Web site regularly to reflect current laws and regulations.
Existing law requires prescribed warnings on the packaging of any firearm and descriptive materials that accompany a firearm sold or transferred in the state by a licensed manufacturer or licensed dealer. Existing law also requires prescribed warnings to be posted within the premises of a licensed firearms dealer. Existing law requires the Department of Justice to develop an instructional manual to be made available to licensed firearms dealers, who are required to make it available to the public.
This bill bill, on and after January 1, 2018, would require a specified statement relating to the risks of firearms and the laws regulating firearms to be included in the warnings on the packaging of firearms and descriptive materials that accompany firearms, on the premises of a licensed dealer, firearms and in the instructional manual developed by the department department. The bill bill, on and after January 1, 2019, would also require additional specified warnings to be included at the premises of a licensed firearms dealer.
Existing law requires the department to develop a written objective test for the issuance of a firearm safety certificate, which is generally required for the purchase or receipt of a firearm. A passing grade to be issued a firearms safety certificate is at least 75%. Existing law requires the department to update the testing material for the firearm safety certificate test every five years.
This bill, instead, on and after January 1, 2019, would require a specified warning to be given to a person who takes the firearms safety certificate examination and would make a passing grade on the firearms safety certificate test at least 85%. The bill would also and would require the applicant to acknowledge receipt of the prescribed warning prior to issuance of the firearm safety certificate. The bill bill, on and after January 1, 2019, would require the department to update the testing material at least once every five years. years and would require the department to update a referenced Internet Web site regularly to reflect current laws and regulations.
Existing law requires prescribed warnings on the packaging of any firearm and descriptive materials that accompany a firearm sold or transferred in the state by a licensed manufacturer or licensed dealer. Existing law also requires prescribed warnings to be posted within the premises of a licensed firearms dealer. Existing law requires the Department of Justice to develop an instructional manual to be made available to licensed firearms dealers, who are required to make it available to the public.
This bill would require a specified statement relating to the risks of firearms and the laws regulating firearms to be included in the warnings on the packaging of firearms and descriptive materials that accompany firearms, on the premises of a licensed dealer, and in the instructional manual developed by the department The bill would require additional specified warnings to be included at the premises of a licensed firearms dealer.
Existing law requires the department to develop a written objective test for the issuance of a firearm safety certificate, which is generally required for the purchase or receipt of a firearm. A passing grade to be issued a firearms safety certificate is at least 75%. Existing law requires the department to update the testing material for the firearm safety certificate test every five years.
This bill, instead, would require a specified warning to be given to a person who takes the firearms safety certificate examination and would make a passing grade on the firearms safety certificate test at least 85%. The bill would also require the applicant to acknowledge receipt of the prescribed warning prior to issuance of the firearm safety certificate. The bill would require the department to update the testing material at least once every five years.
(a)(1)The packaging of any firearm and any descriptive materials that accompany any firearm sold or transferred in this state, or delivered for sale in this state, by any licensed manufacturer, or licensed dealer, shall bear a label containing the following warning statement:
WARNING
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 Web site of the California Attorney General at https://oag.ca.gov/firearms for information on firearm laws applicable to you and how you can comply.
Prevent child access by always keeping guns locked away and unloaded when not in use. If you keep a loaded firearm where a child obtains and improperly uses it, you may be fined or sent to prison.
(2)A yellow triangle containing an exclamation mark shall appear immediately before the word Warning on the label.
(b)If the firearm is sold or transferred without accompanying packaging, the warning label or notice shall be affixed to the firearm itself by a method to be prescribed by regulation of the Attorney General.
(c)The warning statement required under subdivisions (a) and (b) shall satisfy both of the following requirements:
(1)It shall be displayed in its entirety on the principal display panel of the firearms package, and on any descriptive materials that accompany the firearm.
(2)It shall be displayed in both English and Spanish, in conspicuous and legible type in contrast by typography, layout, or color with other printed matter on that package or descriptive materials, in a manner consistent with Part 1500.121 of Title 16 of the Code of Federal Regulations, or successor regulations thereto.
SEC. 2.Section 26835 of the Penal Code is amended to read:26835.(a)A licensee shall post conspicuously within the licensed premises the following warnings in block letters not less than one inch in height:
(1)IF YOU KEEP A LOADED 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.
(2)IF YOU KEEP A PISTOL, REVOLVER, OR OTHER FIREARM CAPABLE OF BEING CONCEALED UPON THE PERSON, 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.
(3)IF YOU KEEP ANY 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 TO A SCHOOL OR SCHOOL-SPONSORED EVENT, YOU MAY BE GUILTY OF A MISDEMEANOR, INCLUDING A FINE OF UP TO FIVE THOUSAND DOLLARS ($5,000), UNLESS YOU STORED THE FIREARM IN A LOCKED CONTAINER, OR LOCKED THE FIREARM WITH A LOCKING DEVICE.
(4)IF YOU NEGLIGENTLY STORE OR LEAVE A LOADED 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 FINE OF UP TO ONE THOUSAND DOLLARS ($1,000), UNLESS YOU STORED THE FIREARM IN A LOCKED CONTAINER, OR LOCKED THE FIREARM WITH A LOCKING DEVICE.
(5)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.
(6)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.
(7)NO PERSON SHALL MAKE AN APPLICATION TO PURCHASE MORE THAN ONE PISTOL, REVOLVER, OR OTHER FIREARM CAPABLE OF BEING CONCEALED UPON THE PERSON WITHIN ANY 30-DAY PERIOD AND NO DELIVERY SHALL BE MADE TO ANY PERSON WHO HAS MADE AN APPLICATION TO PURCHASE MORE THAN ONE PISTOL, REVOLVER, OR OTHER FIREARM CAPABLE OF BEING CONCEALED UPON THE PERSON WITHIN ANY 30-DAY PERIOD.
(8)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 OF THE TIME YOU KNEW OR REASONABLY SHOULD HAVE KNOWN THAT THE FIREARM HAD BEEN LOST OR STOLEN.
(b)This section shall remain in effect only until January 1, 2019, and as of that date is repealed.
SEC. 3.Section 26835 is added to the Penal Code, to read:26835.(a)A licensee shall post conspicuously 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 WEB SITE 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 LOADED 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 PISTOL, REVOLVER, OR OTHER FIREARM CAPABLE OF BEING CONCEALED UPON THE PERSON, 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 LOADED 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 PISTOL, REVOLVER, OR OTHER FIREARM CAPABLE OF BEING CONCEALED UPON THE PERSON WITHIN ANY 30-DAY PERIOD AND NO DELIVERY SHALL BE MADE TO ANY PERSON WHO HAS MADE AN APPLICATION TO PURCHASE MORE THAN ONE PISTOL, REVOLVER, OR OTHER FIREARM CAPABLE OF BEING CONCEALED UPON THE PERSON 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 OF THE TIME YOU KNEW OR REASONABLY SHOULD HAVE KNOWN THAT THE FIREARM HAD BEEN LOST OR STOLEN.
(b)This section shall become operative on January 1, 2019.
SEC. 4.Section 31630 of the Penal Code is amended to read:31630.(a)The department shall develop an instruction manual in English and in Spanish. The department shall make the instructional manual available to firearms dealers licensed pursuant to Sections 26700 to 26915, inclusive, who shall make it available to the general public. Essential portions of the manual may be included in the pamphlet described in Section 34205.
(b)The department shall develop audiovisual materials in English and in Spanish to be issued to instructors certified by the department.
(c)The department shall solicit input from any reputable association or organization, including any law enforcement association that has as one of its objectives the promotion of firearms safety, in the development of the firearm safety certificate instructional materials.
(d)The instruction manual shall prominently include the following firearm safety warning:
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 can be fined or imprisoned if you fail to comply with them. Visit the Web site of the California Attorney General at https://oag.ca.gov/firearms for information on firearms laws applicable to you and how you can comply.
SEC. 5.Section 31640 of the Penal Code is amended to read:31640.(a)The department shall develop a written objective test, in English and in Spanish, and prescribe its content, form, and manner, to be administered by an instructor certified by the department.
(b)If the person taking the test is unable to read, the examination shall be administered orally. If the person taking the test is unable to read English or Spanish, the test may be applied orally by a translator.
(c)The test shall cover, but not be limited to, all of the following:
(1)The laws applicable to carrying and handling firearms, particularly handguns.
(2)The responsibilities of ownership of firearms, particularly handguns.
(3)Current law as it relates to the private sale and transfer of firearms.
(4)Current law as it relates to the permissible use of lethal force.
(5)What constitutes safe firearm storage.
(6)Issues associated with bringing a firearm into the home.
(7)Prevention strategies to address issues associated with bringing firearms into the home.
(d)Commencing January 1, 2019, the test shall require the applicant to be provided with, and acknowledge receipt of, the following warning information:
(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 can be fined or imprisoned if you fail to comply with them. Visit the Web site 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 decide to sell or give your firearm to someone, you must generally complete a Dealer Record of Sale (DROS) form and conduct the transfer through a licensed firearms dealer. Remember, it is generally a crime to transfer a firearm without first filling out this form. If the police recover a firearm that was involved in a crime, the firearms previous owner may be prosecuted if he or she did not fill out the DROS form. Please make sure you go to a licensed firearms dealer and fill out that form if you want to sell or give away your firearm.
(e)(1)The department shall update test materials related to this article at least once every five years.
(2)The department shall update the Internet Web site referenced in subdivision (d) regularly to reflect current laws and regulations.
(f)If a dealer licensed pursuant to Sections 26700 to 26915, inclusive, or his or her employee, or where the managing officer or partner is certified as an instructor pursuant to this article, he or she shall also designate a separate room or partitioned area for a person to take the objective test, and maintain adequate supervision to ensure that no acts of collusion occur while the objective test is being administered.
SEC. 6.Section 31645 of the Penal Code is amended to read:31645.(a)An applicant for a firearm safety certificate shall successfully pass the objective test referred to in Section 31640, with a passing grade of at least 75 percent. Any person receiving a passing grade on the objective test shall immediately be issued a firearm safety certificate by the instructor, provided that, commencing January 1, 2019, the applicant has acknowledged receipt of the firearm safety warning required by subdivision (d) of Section 31640.
(b)An applicant who fails to pass the objective test upon the first attempt shall be offered additional instructional materials by the instructor, such as a videotape or booklet. The person may not retake the objective test under any circumstances until 24 hours have elapsed after the failure to pass the objective test upon the first attempt. The person failing the test on the first attempt shall take another version of the test upon the second attempt. All tests shall be taken from the same instructor except upon permission by the department, which shall be granted only for good cause shown. The instructor shall make himself or herself available to the applicant during regular business hours in order to retake the test.
(a)(1)The packaging of any firearm and any descriptive materials that accompany any firearm sold or transferred in this state, or delivered for sale in this state, by any licensed manufacturer, or licensed dealer, shall bear a label containing the following warning statement:
WARNING
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 Web site of the California Attorney General at https://oag.ca.gov/firearms for information on firearm laws applicable to you and how you can comply.
Prevent child access by always keeping guns locked away and unloaded when not in use. If you keep a loaded firearm where a child obtains and improperly uses it, you may be fined or sent to prison.
(2)A yellow triangle containing an exclamation mark shall appear immediately before the word Warning on the label.
(b)If the firearm is sold or transferred without accompanying packaging, the warning label or notice shall be affixed to the firearm itself by a method to be prescribed by regulation of the Attorney General.
(c)The warning statement required under subdivisions (a) and (b) shall satisfy both of the following requirements:
(1)It shall be displayed in its entirety on the principal display panel of the firearms package, and on any descriptive materials that accompany the firearm.
(2)It shall be displayed in both English and Spanish, in conspicuous and legible type in contrast by typography, layout, or color with other printed matter on that package or descriptive materials, in a manner consistent with Part 1500.121 of Title 16 of the Code of Federal Regulations, or successor regulations thereto.
SEC. 2.Section 26835 of the Penal Code is amended to read:26835.(a)A licensee shall post conspicuously within the licensed premises the following warnings in block letters not less than one inch in height:
(1)IF YOU KEEP A LOADED 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.
(2)IF YOU KEEP A PISTOL, REVOLVER, OR OTHER FIREARM CAPABLE OF BEING CONCEALED UPON THE PERSON, 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.
(3)IF YOU KEEP ANY 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 TO A SCHOOL OR SCHOOL-SPONSORED EVENT, YOU MAY BE GUILTY OF A MISDEMEANOR, INCLUDING A FINE OF UP TO FIVE THOUSAND DOLLARS ($5,000), UNLESS YOU STORED THE FIREARM IN A LOCKED CONTAINER, OR LOCKED THE FIREARM WITH A LOCKING DEVICE.
(4)IF YOU NEGLIGENTLY STORE OR LEAVE A LOADED 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 FINE OF UP TO ONE THOUSAND DOLLARS ($1,000), UNLESS YOU STORED THE FIREARM IN A LOCKED CONTAINER, OR LOCKED THE FIREARM WITH A LOCKING DEVICE.
(5)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.
(6)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.
(7)NO PERSON SHALL MAKE AN APPLICATION TO PURCHASE MORE THAN ONE PISTOL, REVOLVER, OR OTHER FIREARM CAPABLE OF BEING CONCEALED UPON THE PERSON WITHIN ANY 30-DAY PERIOD AND NO DELIVERY SHALL BE MADE TO ANY PERSON WHO HAS MADE AN APPLICATION TO PURCHASE MORE THAN ONE PISTOL, REVOLVER, OR OTHER FIREARM CAPABLE OF BEING CONCEALED UPON THE PERSON WITHIN ANY 30-DAY PERIOD.
(8)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 OF THE TIME YOU KNEW OR REASONABLY SHOULD HAVE KNOWN THAT THE FIREARM HAD BEEN LOST OR STOLEN.
(b)This section shall remain in effect only until January 1, 2019, and as of that date is repealed.
SEC. 3.Section 26835 is added to the Penal Code, to read:26835.(a)A licensee shall post conspicuously 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 WEB SITE 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 LOADED 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 PISTOL, REVOLVER, OR OTHER FIREARM CAPABLE OF BEING CONCEALED UPON THE PERSON, 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 LOADED 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 PISTOL, REVOLVER, OR OTHER FIREARM CAPABLE OF BEING CONCEALED UPON THE PERSON WITHIN ANY 30-DAY PERIOD AND NO DELIVERY SHALL BE MADE TO ANY PERSON WHO HAS MADE AN APPLICATION TO PURCHASE MORE THAN ONE PISTOL, REVOLVER, OR OTHER FIREARM CAPABLE OF BEING CONCEALED UPON THE PERSON 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 OF THE TIME YOU KNEW OR REASONABLY SHOULD HAVE KNOWN THAT THE FIREARM HAD BEEN LOST OR STOLEN.
(b)This section shall become operative on January 1, 2019.
SEC. 4.Section 31630 of the Penal Code is amended to read:31630.(a)The department shall develop an instruction manual in English and in Spanish. The department shall make the instructional manual available to firearms dealers licensed pursuant to Sections 26700 to 26915, inclusive, who shall make it available to the general public. Essential portions of the manual may be included in the pamphlet described in Section 34205.
(b)The department shall develop audiovisual materials in English and in Spanish to be issued to instructors certified by the department.
(c)The department shall solicit input from any reputable association or organization, including any law enforcement association that has as one of its objectives the promotion of firearms safety, in the development of the firearm safety certificate instructional materials.
(d)The instruction manual shall prominently include the following firearm safety warning:
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 can be fined or imprisoned if you fail to comply with them. Visit the Web site of the California Attorney General at https://oag.ca.gov/firearms for information on firearms laws applicable to you and how you can comply.
SEC. 5.Section 31640 of the Penal Code is amended to read:31640.(a)The department shall develop a written objective test, in English and in Spanish, and prescribe its content, form, and manner, to be administered by an instructor certified by the department.
(b)If the person taking the test is unable to read, the examination shall be administered orally. If the person taking the test is unable to read English or Spanish, the test may be applied orally by a translator.
(c)The test shall cover, but not be limited to, all of the following:
(1)The laws applicable to carrying and handling firearms, particularly handguns.
(2)The responsibilities of ownership of firearms, particularly handguns.
(3)Current law as it relates to the private sale and transfer of firearms.
(4)Current law as it relates to the permissible use of lethal force.
(5)What constitutes safe firearm storage.
(6)Issues associated with bringing a firearm into the home.
(7)Prevention strategies to address issues associated with bringing firearms into the home.
(d)Commencing January 1, 2019, the test shall require the applicant to be provided with, and acknowledge receipt of, the following warning information:
(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 can be fined or imprisoned if you fail to comply with them. Visit the Web site 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 decide to sell or give your firearm to someone, you must generally complete a Dealer Record of Sale (DROS) form and conduct the transfer through a licensed firearms dealer. Remember, it is generally a crime to transfer a firearm without first filling out this form. If the police recover a firearm that was involved in a crime, the firearms previous owner may be prosecuted if he or she did not fill out the DROS form. Please make sure you go to a licensed firearms dealer and fill out that form if you want to sell or give away your firearm.
(e)(1)The department shall update test materials related to this article at least once every five years.
(2)The department shall update the Internet Web site referenced in subdivision (d) regularly to reflect current laws and regulations.
(f)If a dealer licensed pursuant to Sections 26700 to 26915, inclusive, or his or her employee, or where the managing officer or partner is certified as an instructor pursuant to this article, he or she shall also designate a separate room or partitioned area for a person to take the objective test, and maintain adequate supervision to ensure that no acts of collusion occur while the objective test is being administered.
SEC. 6.Section 31645 of the Penal Code is amended to read:31645.(a)An applicant for a firearm safety certificate shall successfully pass the objective test referred to in Section 31640, with a passing grade of at least 75 percent. Any person receiving a passing grade on the objective test shall immediately be issued a firearm safety certificate by the instructor, provided that, commencing January 1, 2019, the applicant has acknowledged receipt of the firearm safety warning required by subdivision (d) of Section 31640.
(b)An applicant who fails to pass the objective test upon the first attempt shall be offered additional instructional materials by the instructor, such as a videotape or booklet. The person may not retake the objective test under any circumstances until 24 hours have elapsed after the failure to pass the objective test upon the first attempt. The person failing the test on the first attempt shall take another version of the test upon the second attempt. All tests shall be taken from the same instructor except upon permission by the department, which shall be granted only for good cause shown. The instructor shall make himself or herself available to the applicant during regular business hours in order to retake the test.
(a)(1)The packaging of any firearm and any descriptive materials that accompany any firearm sold or transferred in this state, or delivered for sale in this state, by any licensed manufacturer, or licensed dealer, shall bear a label containing the following warning statement:
WARNING
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 Web site of the California Attorney General at https://oag/ca/gov/firearms https://oag.ca.gov/firearms for information on firearm laws applicable to you and how you can comply.
Prevent child access by always keeping guns locked away and unloaded when not in use. If you keep a loaded firearm where a child obtains and improperly uses it, you may be fined or sent to prison.
(2)A yellow triangle containing an exclamation mark shall appear immediately before the word Warning on the label.
(b)If the firearm is sold or transferred without accompanying packaging, the warning label or notice shall be affixed to the firearm itself by a method to be prescribed by regulation of the Attorney General.
(c)The warning statement required under subdivisions (a) and (b) shall satisfy both of the following requirements:
(1)It shall be displayed in its entirety on the principal display panel of the firearms package, and on any descriptive materials that accompany the firearm.
(2)It shall be displayed in both English and Spanish, in conspicuous and legible type in contrast by typography, layout, or color with other printed matter on that package or descriptive materials, in a manner consistent with Part 1500.121 of Title 16 of the Code of Federal Regulations, or successor regulations thereto.
SEC. 2.Section 26835 of the Penal Code is amended to read:26835.(a)A licensee shall post conspicuously within the licensed premises the following warnings in block letters not less than one inch in height:
(1)IF YOU KEEP A LOADED 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.
(2)IF YOU KEEP A PISTOL, REVOLVER, OR OTHER FIREARM CAPABLE OF BEING CONCEALED UPON THE PERSON, 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.
(3)IF YOU KEEP ANY 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 TO A SCHOOL OR SCHOOL-SPONSORED EVENT, YOU MAY BE GUILTY OF A MISDEMEANOR, INCLUDING A FINE OF UP TO FIVE THOUSAND DOLLARS ($5,000), UNLESS YOU STORED THE FIREARM IN A LOCKED CONTAINER, OR LOCKED THE FIREARM WITH A LOCKING DEVICE.
(4)IF YOU NEGLIGENTLY STORE OR LEAVE A LOADED 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 FINE OF UP TO ONE THOUSAND DOLLARS ($1,000), UNLESS YOU STORED THE FIREARM IN A LOCKED CONTAINER, OR LOCKED THE FIREARM WITH A LOCKING DEVICE.
(5)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.
(6)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.
(7)NO PERSON SHALL MAKE AN APPLICATION TO PURCHASE MORE THAN ONE PISTOL, REVOLVER, OR OTHER FIREARM CAPABLE OF BEING CONCEALED UPON THE PERSON WITHIN ANY 30-DAY PERIOD AND NO DELIVERY SHALL BE MADE TO ANY PERSON WHO HAS MADE AN APPLICATION TO PURCHASE MORE THAN ONE PISTOL, REVOLVER, OR OTHER FIREARM CAPABLE OF BEING CONCEALED UPON THE PERSON WITHIN ANY 30-DAY PERIOD.
(8)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 OF THE TIME YOU KNEW OR REASONABLY SHOULD HAVE KNOWN THAT THE FIREARM HAD BEEN LOST OR STOLEN.
(b)This section shall remain in effect only until January 1, 2019, and as of that date is repealed.
SEC. 3.Section 26835 is added to the Penal Code, to read:26835.(a)A licensee shall post conspicuously 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 WEB SITE 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 LOADED 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 PISTOL, REVOLVER, OR OTHER FIREARM CAPABLE OF BEING CONCEALED UPON THE PERSON, 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 LOADED 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 PISTOL, REVOLVER, OR OTHER FIREARM CAPABLE OF BEING CONCEALED UPON THE PERSON WITHIN ANY 30-DAY PERIOD AND NO DELIVERY SHALL BE MADE TO ANY PERSON WHO HAS MADE AN APPLICATION TO PURCHASE MORE THAN ONE PISTOL, REVOLVER, OR OTHER FIREARM CAPABLE OF BEING CONCEALED UPON THE PERSON 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 OF THE TIME YOU KNEW OR REASONABLY SHOULD HAVE KNOWN THAT THE FIREARM HAD BEEN LOST OR STOLEN.
(b)This section shall become operative on January 1, 2019.
SEC. 4.Section 31630 of the Penal Code is amended to read:31630.(a)The department shall develop an instruction manual in English and in Spanish. The department shall make the instructional manual available to firearms dealers licensed pursuant to Sections 26700 to 26915, inclusive, who shall make it available to the general public. Essential portions of the manual may be included in the pamphlet described in Section 34205.
(b)The department shall develop audiovisual materials in English and in Spanish to be issued to instructors certified by the department.
(c)The department shall solicit input from any reputable association or organization, including any law enforcement association that has as one of its objectives the promotion of firearms safety, in the development of the firearm safety certificate instructional materials.
(d)The instruction manual shall prominently include the following firearm safety warning:
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 can be fined or imprisoned if you fail to comply with them. Visit the Web site of the California Attorney General at https://oag.ca.gov/firearms for information on firearms laws applicable to you and how you can comply.
SEC. 5.Section 31640 of the Penal Code is amended to read:31640.(a)The department shall develop a written objective test, in English and in Spanish, and prescribe its content, form, and manner, to be administered by an instructor certified by the department.
(b)If the person taking the test is unable to read, the examination shall be administered orally. If the person taking the test is unable to read English or Spanish, the test may be applied orally by a translator.
(c)The test shall cover, but not be limited to, all of the following:
(1)The laws applicable to carrying and handling firearms, particularly handguns.
(2)The responsibilities of ownership of firearms, particularly handguns.
(3)Current law as it relates to the private sale and transfer of firearms.
(4)Current law as it relates to the permissible use of lethal force.
(5)What constitutes safe firearm storage.
(6)Issues associated with bringing a firearm into the home.
(7)Prevention strategies to address issues associated with bringing firearms into the home.
(d)Commencing January 1, 2019, the test shall require the applicant to be provided with, and acknowledge receipt of, the following warning information:
(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 can be fined or imprisoned if you fail to comply with them. Visit the Web site 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 decide to sell or give your firearm to someone, you must generally complete a Dealer Record of Sale (DROS) form and conduct the transfer through a licensed firearms dealer. Remember, it is generally a crime to transfer a firearm without first filling out this form. If the police recover a firearm that was involved in a crime, the firearms previous owner may be prosecuted if he or she did not fill out the DROS form. Please make sure you go to a licensed firearms dealer and fill out that form if you want to sell or give away your firearm.
(e)(1)The department shall update test materials related to this article at least once every five years.
(2)The department shall update the Internet Web site referenced in subdivision (d) regularly to reflect current laws and regulations.
(f)If a dealer licensed pursuant to Sections 26700 to 26915, inclusive, or his or her employee, or where the managing officer or partner is certified as an instructor pursuant to this article, he or she shall also designate a separate room or partitioned area for a person to take the objective test, and maintain adequate supervision to ensure that no acts of collusion occur while the objective test is being administered.
SEC. 6.Section 31645 of the Penal Code is amended to read:31645.(a)An applicant for a firearm safety certificate shall successfully pass the objective test referred to in Section 31640, with a passing grade of at least 75 percent. Any person receiving a passing grade on the objective test shall immediately be issued a firearm safety certificate by the instructor, provided that, commencing January 1, 2019, the applicant has acknowledged receipt of the firearm safety warning required by subdivision (d) of Section 31640.
(b)An applicant who fails to pass the objective test upon the first attempt shall be offered additional instructional materials by the instructor, such as a videotape or booklet. The person may not retake the objective test under any circumstances until 24 hours have elapsed after the failure to pass the objective test upon the first attempt. The person failing the test on the first attempt shall take another version of the test upon the second attempt. All tests shall be taken from the same instructor except upon permission by the department, which shall be granted only for good cause shown. The instructor shall make himself or herself available to the applicant during regular business hours in order to retake the test.
(a)(1)The packaging of any firearm and any descriptive materials that accompany any firearm sold or transferred in this state, or delivered for sale in this state, by any licensed manufacturer, or licensed dealer, shall bear a label containing the following warning statement:
WARNING
The presence of a firearm in the home can significantly increase the risk of suicide, homicide, and unintentional shootings for household members. 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 can be fined or imprisoned for failure to comply with them. Visit the web site of the California Attorney General at https://oag.ca.gov/firearms for information on firearms laws applicable to you and how you can comply. Children are attracted to and can operate firearms that can cause severe injuries or death.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 Web site of the California Attorney General at https://oag/ca/gov/firearms for information on firearm laws applicable to you and how you can comply.
Prevent child access by always keeping guns locked away and unloaded when not in use. If you keep a loaded firearm where a child obtains and improperly uses it, you may be fined or sent to prison.
A(2)A yellow triangle containing an exclamation mark shall appear immediately before the word Warning on the label.
(b)If the firearm is sold or transferred without accompanying packaging, the warning label or notice shall be affixed to the firearm itself by a method to be prescribed by regulation of the Attorney General.
(c)The warning statement required under subdivisions (a) and (b) shall satisfy both of the following requirements:
(1)It shall be displayed in its entirety on the principal display panel of the firearms package, and on any descriptive materials that accompany the firearm.
(2)It shall be displayed in both English and Spanish, in conspicuous and legible type in contrast by typography, layout, or color with other printed matter on that package or descriptive materials, in a manner consistent with Part 1500.121 of Title 16 of the Code of Federal Regulations, or successor regulations thereto.
SEC. 2.Section 26835 of the Penal Code is amended to read:26835.A licensee shall post conspicuously within the licensed premises the following warnings in block letters not less than one inch in height:(a)THE PRESENCE OF A FIREARM IN THE HOME CAN SIGNIFICANTLY INCREASE THE RISK OF SUICIDE, HOMICIDE, OR UNINTENTIONAL SHOOTINGS FOR HOUSEHOLD MEMBERS. FIREARMS MUST BE HANDLED RESPONSIBLY AND SECURELY STORED TO PREVENT ACCESS BY CHILDREN AND OTHER NONAUTHORIZED USERS. CALIFORNIA HAS STRICT LAWS PERTAINING TO FIREARMS AND YOU CAN BE FINED OR IMPRISONED FOR FAILURE TO COMPLY WITH THEM. VISIT THE WEB SITE OF THE CALIFORNIA ATTORNEY GENERAL AT HTTPS://OAG.CA.GOV/FIREARMS FOR INFORMATION ON FIREARMS LAWS APPLICABLE TO YOU AND HOW YOU CAN COMPLY.(b)IF YOU KEEP A LOADED 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.(c)CHILDREN ARE ATTRACTED TO AND CAN OPERATE FIREARMS THAT CAN CAUSE SEVERE INJURIES OR DEATH. PREVENT CHILD ACCESS BY STORING FIREARMS SECURELY. IF YOU KEEP A PISTOL, REVOLVER, OR OTHER FIREARM CAPABLE OF BEING CONCEALED UPON THE PERSON, 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.(d)YOU MAY BE FINED OR SENT TO PRISON IF YOU KEEP A FIREARM WHERE A MINOR IS LIKELY TO ACCESS IT OR IF A MINOR OBTAINS AND IMPROPERLY USES THE FIREARM UNLESS YOU STORED THE FIREARM IN A LOCKED CONTAINER OR LOCKED THE FIREARM WITH A LOCKING DEVICE. IF YOU KEEP ANY 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 TO A SCHOOL OR SCHOOL-SPONSORED EVENT, YOU MAY BE GUILTY OF A MISDEMEANOR, INCLUDING A FINE OF UP TO FIVE THOUSAND DOLLARS ($5,000), UNLESS YOU STORED THE FIREARM IN A LOCKED CONTAINER, OR LOCKED THE FIREARM WITH A LOCKING DEVICE.(e)IF YOU NEGLIGENTLY STORE OR LEAVE A LOADED 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 FINE OF UP TO ONE THOUSAND DOLLARS ($1,000), UNLESS YOU STORED THE FIREARM IN A LOCKED CONTAINER, OR LOCKED THE FIREARM WITH A LOCKING DEVICE.(f)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.(g)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.(h)NO PERSON SHALL MAKE AN APPLICATION TO PURCHASE MORE THAN ONE PISTOL, REVOLVER, OR OTHER FIREARM CAPABLE OF BEING CONCEALED UPON THE PERSON WITHIN ANY 30-DAY PERIOD AND NO DELIVERY SHALL BE MADE TO ANY PERSON WHO HAS MADE AN APPLICATION TO PURCHASE MORE THAN ONE PISTOL, REVOLVER, OR OTHER FIREARM CAPABLE OF BEING CONCEALED UPON THE PERSON WITHIN ANY 30-DAY PERIOD.(i)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 OF THE TIME YOU KNEW OR REASONABLY SHOULD HAVE KNOWN THAT THE FIREARM HAD BEEN LOST OR STOLEN.SEC. 2.Section 26835 of the Penal Code is amended to read:26835.(a)A licensee shall post conspicuously within the licensed premises the following warnings in block letters not less than one inch in height:
(a)(1)IF YOU KEEP A LOADED 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.
(b)(2)IF YOU KEEP A PISTOL, REVOLVER, OR OTHER FIREARM CAPABLE OF BEING CONCEALED UPON THE PERSON, 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.
(c)(3)IF YOU KEEP ANY 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 TO A SCHOOL OR SCHOOL-SPONSORED EVENT, YOU MAY BE GUILTY OF A MISDEMEANOR, INCLUDING A FINE OF UP TO FIVE THOUSAND DOLLARS ($5,000), UNLESS YOU STORED THE FIREARM IN A LOCKED CONTAINER, OR LOCKED THE FIREARM WITH A LOCKING DEVICE.
(d)(4)IF YOU NEGLIGENTLY STORE OR LEAVE A LOADED 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 FINE OF UP TO ONE THOUSAND DOLLARS ($1,000), UNLESS YOU STORED THE FIREARM IN A LOCKED CONTAINER, OR LOCKED THE FIREARM WITH A LOCKING DEVICE.
(e)(5)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.
(f)(6)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.
(g)(7)NO PERSON SHALL MAKE AN APPLICATION TO PURCHASE MORE THAN ONE PISTOL, REVOLVER, OR OTHER FIREARM CAPABLE OF BEING CONCEALED UPON THE PERSON WITHIN ANY 30-DAY PERIOD AND NO DELIVERY SHALL BE MADE TO ANY PERSON WHO HAS MADE AN APPLICATION TO PURCHASE MORE THAN ONE PISTOL, REVOLVER, OR OTHER FIREARM CAPABLE OF BEING CONCEALED UPON THE PERSON WITHIN ANY 30-DAY PERIOD.
(h)(8)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 OF THE TIME YOU KNEW OR REASONABLY SHOULD HAVE KNOWN THAT THE FIREARM HAD BEEN LOST OR STOLEN.
(b)This section shall remain in effect only until January 1, 2019, and as of that date is repealed.
SEC. 3.Section 26835 is added to the Penal Code, to read:26835.(a)A licensee shall post conspicuously 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 WEB SITE 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 LOADED 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 PISTOL, REVOLVER, OR OTHER FIREARM CAPABLE OF BEING CONCEALED UPON THE PERSON, 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 LOADED 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 PISTOL, REVOLVER, OR OTHER FIREARM CAPABLE OF BEING CONCEALED UPON THE PERSON WITHIN ANY 30-DAY PERIOD AND NO DELIVERY SHALL BE MADE TO ANY PERSON WHO HAS MADE AN APPLICATION TO PURCHASE MORE THAN ONE PISTOL, REVOLVER, OR OTHER FIREARM CAPABLE OF BEING CONCEALED UPON THE PERSON 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 OF THE TIME YOU KNEW OR REASONABLY SHOULD HAVE KNOWN THAT THE FIREARM HAD BEEN LOST OR STOLEN.
(b)This section shall become operative on January 1, 2019.
SEC. 3.SEC. 4.Section 31630 of the Penal Code is amended to read:31630.(a)The department shall develop an instruction manual in English and in Spanish. The department shall make the instructional manual available to firearms dealers licensed pursuant to Sections 26700 to 26915, inclusive, who shall make it available to the general public. Essential portions of the manual may be included in the pamphlet described in Section 34205.
(b)The department shall develop audiovisual materials in English and in Spanish to be issued to instructors certified by the department.
(c)The department shall solicit input from any reputable association or organization, including any law enforcement association that has as one of its objectives the promotion of firearms safety, in the development of the firearm safety certificate instructional materials.
(d)The instruction manual shall prominently include the following firearm safety warning:
The presence of a firearm in the home can significantly increase the risk of suicide, homicide, and unintentional shootings for household members. FirearmsFirearms 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 can be fined or imprisoned for failure if you fail to comply with them. Visit the web site Web site of the California Attorney General at https://oag.ca.gov/firearms for information on firearms laws applicable to you and how you can comply.
SEC. 4.SEC. 5.Section 31640 of the Penal Code is amended to read:31640.(a)The department shall develop a written objective test, in English and in Spanish, and prescribe its content, form, and manner, to be administered by an instructor certified by the department.
(b)If the person taking the test is unable to read, the examination shall be administered orally. If the person taking the test is unable to read English or Spanish, the test may be applied orally by a translator.
(c)The test shall cover, but not be limited to, all of the following:
(1)The laws applicable to carrying and handling firearms, particularly handguns.
(2)The responsibilities of ownership of firearms, particularly handguns.
(3)Current law as it relates to the private sale and transfer of firearms.
(4)Current law as it relates to the permissible use of lethal force.
(5)What constitutes safe firearm storage.
(6)Issues associated with bringing a firearm into the home.
(7)Prevention strategies to address issues associated with bringing firearms into the home.
(d)A person who is taking the test administered pursuant to subdivision (a) shall be given the following information in writing:The presence of a firearm in the home can significantly increase the risk of suicide, homicide, and unintentional shootings for household members. 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 can be fined or imprisoned for failure to comply with them. Visit the web site of the California Attorney General at https://oag.ca.gov/firearms for information on firearms laws applicable to you and how you can comply.(e)The department shall update test materials related to this article at least once every five years.(d)Commencing January 1, 2019, the test shall require the applicant to be provided with, and acknowledge receipt of, the following warning information:
(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 can be fined or imprisoned if you fail to comply with them. Visit the Web site 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 decide to sell or give your firearm to someone, you must generally complete a Dealer Record of Sale (DROS) form and conduct the transfer through a licensed firearms dealer. Remember, it is generally a crime to transfer a firearm without first filling out this form. If the police recover a firearm that was involved in a crime, the firearms previous owner may be prosecuted if he or she did not fill out the DROS form. Please make sure you go to a licensed firearms dealer and fill out that form if you want to sell or give away your firearm.
(e)(1)The department shall update test materials related to this article at least once every five years.
(2)The department shall update the Internet Web site referenced in subdivision (d) regularly to reflect current laws and regulations.
(f)If a dealer licensed pursuant to Sections 26700 to 26915, inclusive, or his or her employee, or where the managing officer or partner is certified as an instructor pursuant to this article, he or she shall also designate a separate room or partitioned area for a person to take the objective test, and maintain adequate supervision to ensure that no acts of collusion occur while the objective test is being administered.
SEC. 5.SEC. 6.Section 31645 of the Penal Code is amended to read:31645.(a)An applicant for a firearm safety certificate shall successfully pass the objective test referred to in Section 31640, with a passing grade of at least 85 75 percent. Any person receiving a passing grade on the objective test shall immediately be issued a firearm safety certificate by the instructor, provided that, commencing January 1, 2019, the applicant has acknowledged receipt of the firearm safety warning required by subdivision (d) of Section 31640.
(b)An applicant who fails to pass the objective test upon the first attempt shall be offered additional instructional materials by the instructor, such as a videotape or booklet. The person may not retake the objective test under any circumstances until 24 hours have elapsed after the failure to pass the objective test upon the first attempt. The person failing the test on the first attempt shall take another version of the test upon the second attempt. All tests shall be taken from the same instructor except upon permission by the department, which shall be granted only for good cause shown. The instructor shall make himself or herself available to the applicant during regular business hours in order to retake the test.
(a)The packaging of any firearm and any descriptive materials that accompany any firearm sold or transferred in this state, or delivered for sale in this state, by any licensed manufacturer, or licensed dealer, shall bear a label containing the following warning statement:
WARNING
The presence of a firearm in the home can significantly increase the risk of suicide, homicide, and unintentional shootings for household members. 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 can be fined or imprisoned for failure to comply with them. Visit the web site of the California Attorney General at https://oag.ca.gov/firearms for information on firearms laws applicable to you and how you can comply.
Children are attracted to and can operate firearms that can cause severe injuries or death.
Prevent child access by always keeping guns locked away and unloaded when not in use. If you keep a loaded firearm where a child obtains and improperly uses it, you may be fined or sent to prison.
A yellow triangle containing an exclamation mark shall appear immediately before the word Warning on the label.
(b)If the firearm is sold or transferred without accompanying packaging, the warning label or notice shall be affixed to the firearm itself by a method to be prescribed by regulation of the Attorney General.
(c)The warning statement required under subdivisions (a) and (b) shall satisfy both of the following requirements:
(1)It shall be displayed in its entirety on the principal display panel of the firearms package, and on any descriptive materials that accompany the firearm.
(2)It shall be displayed in both English and Spanish, in conspicuous and legible type in contrast by typography, layout, or color with other printed matter on that package or descriptive materials, in a manner consistent with Part 1500.121 of Title 16 of the Code of Federal Regulations, or successor regulations thereto.
SEC. 2.Section 26835 of the Penal Code is amended to read:26835.A licensee shall post conspicuously within the licensed premises the following warnings in block letters not less than one inch in height:
(a)THE PRESENCE OF A FIREARM IN THE HOME CAN SIGNIFICANTLY INCREASE THE RISK OF SUICIDE, HOMICIDE, OR UNINTENTIONAL SHOOTINGS FOR HOUSEHOLD MEMBERS. FIREARMS MUST BE HANDLED RESPONSIBLY AND SECURELY STORED TO PREVENT ACCESS BY CHILDREN AND OTHER NONAUTHORIZED USERS. CALIFORNIA HAS STRICT LAWS PERTAINING TO FIREARMS AND YOU CAN BE FINED OR IMPRISONED FOR FAILURE TO COMPLY WITH THEM. VISIT THE WEB SITE OF THE CALIFORNIA ATTORNEY GENERAL AT HTTPS://OAG.CA.GOV/FIREARMS FOR INFORMATION ON FIREARMS LAWS APPLICABLE TO YOU AND HOW YOU CAN COMPLY.
(a)(b)IF YOU KEEP A LOADED 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.
(b)IF(c)CHILDREN ARE ATTRACTED TO AND CAN OPERATE FIREARMS THAT CAN CAUSE SEVERE INJURIES OR DEATH. PREVENT CHILD ACCESS BY STORING FIREARMS SECURELY. IF YOU KEEP A PISTOL, REVOLVER, OR OTHER FIREARM CAPABLE OF BEING CONCEALED UPON THE PERSON, 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.
(c)(d)IF YOU MAY BE FINED OR SENT TO PRISON IF YOU KEEP A FIREARM WHERE A MINOR IS LIKELY TO ACCESS IT OR IF A MINOR OBTAINS AND IMPROPERLY USES THE FIREARM UNLESS YOU STORED THE FIREARM IN A LOCKED CONTAINER OR LOCKED THE FIREARM WITH A LOCKING DEVICE. IF YOU KEEP ANY 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 TO A SCHOOL OR SCHOOL-SPONSORED EVENT, YOU MAY BE GUILTY OF A MISDEMEANOR, INCLUDING A FINE OF UP TO FIVE THOUSAND DOLLARS ($5,000), UNLESS YOU STORED THE FIREARM IN A LOCKED CONTAINER, OR LOCKED THE FIREARM WITH A LOCKING DEVICE.
(d)(e)IF YOU NEGLIGENTLY STORE OR LEAVE A LOADED 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 FINE OF UP TO ONE THOUSAND DOLLARS ($1,000), UNLESS YOU STORED THE FIREARM IN A LOCKED CONTAINER, OR LOCKED THE FIREARM WITH A LOCKING DEVICE.
(e)(f)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.
(f)(g)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.
(g)(h)NO PERSON SHALL MAKE AN APPLICATION TO PURCHASE MORE THAN ONE PISTOL, REVOLVER, OR OTHER FIREARM CAPABLE OF BEING CONCEALED UPON THE PERSON WITHIN ANY 30-DAY PERIOD AND NO DELIVERY SHALL BE MADE TO ANY PERSON WHO HAS MADE AN APPLICATION TO PURCHASE MORE THAN ONE PISTOL, REVOLVER, OR OTHER FIREARM CAPABLE OF BEING CONCEALED UPON THE PERSON WITHIN ANY 30-DAY PERIOD.
(h)(i)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 OF THE TIME YOU KNEW OR REASONABLY SHOULD HAVE KNOWN THAT THE FIREARM HAD BEEN LOST OR STOLEN.
SEC. 3.Section 31630 of the Penal Code is amended to read:31630.(a)The department shall develop an instruction manual in English and in Spanish. The department shall make the instructional manual available to firearms dealers licensed pursuant to Sections 26700 to 26915, inclusive, who shall make it available to the general public. Essential portions of the manual may be included in the pamphlet described in Section 34205.
(b)The department shall develop audiovisual materials in English and in Spanish to be issued to instructors certified by the department.
(c)The department shall solicit input from any reputable association or organization, including any law enforcement association that has as one of its objectives the promotion of firearms safety, in the development of the firearm safety certificate instructional materials.
(d)This section shall become operative on January 1, 2015.(d)The instruction manual shall prominently include the following firearm safety warning:
The presence of a firearm in the home can significantly increase the risk of suicide, homicide, and unintentional shootings for household members. 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 can be fined or imprisoned for failure to comply with them. Visit the web site of the California Attorney General at https://oag.ca.gov/firearms for information on firearms laws applicable to you and how you can comply.
SEC. 4.Section 31640 of the Penal Code is amended to read:31640.(a)The department shall develop a written objective test, in English and in Spanish, and prescribe its content, form, and manner, to be administered by an instructor certified by the department.
(b)If the person taking the test is unable to read, the examination shall be administered orally. If the person taking the test is unable to read English or Spanish, the test may be applied orally by a translator.
(c)The test shall cover, but not be limited to, all of the following:
(1)The laws applicable to carrying and handling firearms, particularly handguns.
(2)The responsibilities of ownership of firearms, particularly handguns.
(3)Current law as it relates to the private sale and transfer of firearms.
(4)Current law as it relates to the permissible use of lethal force.
(5)What constitutes safe firearm storage.
(6)Issues associated with bringing a firearm into the home.
(7)Prevention strategies to address issues associated with bringing firearms into the home.
(d)A person who is taking the test administered pursuant to subdivision (a) shall be given the following information in writing:
The presence of a firearm in the home can significantly increase the risk of suicide, homicide, and unintentional shootings for household members. 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 can be fined or imprisoned for failure to comply with them. Visit the web site of the California Attorney General at https://oag.ca.gov/firearms for information on firearms laws applicable to you and how you can comply.
(d)(e)The department shall update test materials related to this article at least once every five years.
(e)(f)If a dealer licensed pursuant to Sections 26700 to 26915, inclusive, or his or her employee, or where the managing officer or partner is certified as an instructor pursuant to this article, he or she shall also designate a separate room or partitioned area for a person to take the objective test, and maintain adequate supervision to ensure that no acts of collusion occur while the objective test is being administered.
(f)This section shall become operative on January 1, 2015.SEC. 5.Section 31645 of the Penal Code is amended to read:31645.(a)An applicant for a firearm safety certificate shall successfully pass the objective test referred to in Section 31640, with a passing grade of at least 75 85 percent. Any person receiving a passing grade on the objective test shall immediately be issued a firearm safety certificate by the instructor. instructor, provided that, commencing January 1, 2019, the applicant has acknowledged receipt of the firearm safety warning required by subdivision (d) of Section 31640.
(b)An applicant who fails to pass the objective test upon the first attempt shall be offered additional instructional materials by the instructor, such as a videotape or booklet. The person may not retake the objective test under any circumstances until 24 hours have elapsed after the failure to pass the objective test upon the first attempt. The person failing the test on the first attempt shall take another version of the test upon the second attempt. All tests shall be taken from the same instructor except upon permission by the department, which shall be granted only for good cause shown. The instructor shall make himself or herself available to the applicant during regular business hours in order to retake the test.
(c)This section shall become operative on January 1, 2015. HeadingLines 1 and 2.|
Date
|
Status
|
|---|---|
| Oct 15, 2017 | Chaptered by Secretary of State - Chapter 825, Statutes of 2017. |
| Oct 15, 2017 | Approved by the Governor. |
| Sep 7, 2017 | Enrolled and presented to the Governor at 3 p.m. |
| Aug 31, 2017 | In Assembly. Ordered to Engrossing and Enrolling. |
| Aug 31, 2017 | Read third time. Passed. Ordered to the Assembly. |
| Jul 11, 2017 | Read second time. Ordered to third reading. |
| Jul 10, 2017 | From committee: Do pass. (Ayes 5. Noes 2.) (July 10). |
| Jun 20, 2017 | From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 1.) (June 20). Re-referred to Com. on APPR. |
| Jun 1, 2017 | Referred to Com. on PUB. S. |
| May 22, 2017 | In Senate. Read first time. To Com. on RLS. for assignment. |
| May 22, 2017 | Read third time. Passed. Ordered to the Senate. (Ayes 59. Noes 15. Page 1651.) |
| May 11, 2017 | Read second time. Ordered to third reading. |
| May 10, 2017 | From committee: Do pass. (Ayes 12. Noes 5.) (May 10). |
| Apr 4, 2017 | From committee: Do pass and re-refer to Com. on APPR. (Ayes 7. Noes 0.) (April 4). Re-referred to Com. on APPR. |
| Mar 28, 2017 | Re-referred to Com. on PUB. S. |
| Mar 27, 2017 | From committee chair, with author's amendments: Amend, and re-refer to Com. on PUB. S. Read second time and amended. |
| Mar 23, 2017 | Re-referred to Com. on PUB. S. |
| Mar 22, 2017 | From committee chair, with author's amendments: Amend, and re-refer to Com. on PUB. S. Read second time and amended. |
| Mar 16, 2017 | Referred to Com. on PUB. S. |
| Feb 23, 2017 | Introduced measure version corrected. |
| Feb 19, 2017 | From printer. May be heard in committee March 21. |
| Feb 17, 2017 | Read first time. To print. |
|
Date
|
Description
|
Location
|
Votes
|
|
|---|---|---|---|---|
| Aug 31, 2017 | Assembly 3rd Reading AB1525 Baker et al. By Pan | Senate Floor |
Passed |
|
| Jul 10, 2017 | Do pass | Senate Standing Committee on Appropriations |
Passed |
|
| Jun 20, 2017 | Do pass, but first be re-referred to the Committee on [Appropriations] | Senate Standing Committee on Public Safety |
Passed |
|
| May 22, 2017 | AB 1525 BAKER Assembly Third Reading | Assembly Floor |
Passed |
|
| May 10, 2017 | Do pass. | Assembly Standing Committee on Appropriations |
Passed |
|
| Apr 4, 2017 | Do pass and be re-referred to the Committee on [Appropriations] | Assembly Standing Committee on Public Safety |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
|
Organization
|
Position
|
Date
|
|---|---|---|
| Assembly Floor Vote: 59 - 15 | ** Against | Jun 19, 2017 |
| Firearms Policy Coalition | ** Against | Jul 12, 2017 |
| Firearms Policy Coalition; National Shooting Sports Foundation | ** Against | Jun 19, 2017 |
| Law Center to Prevent Gun Violence | ** Support | Jul 12, 2017 |
| National Rifle Association | * Against | Apr 4, 2017 |
| National Shooting Sports Foundation | ** Against | Jul 12, 2017 |
| PURPOSE | ** Against | Jun 19, 2017 |
| Women Against Gun Violence | ** Support | Jul 12, 2017 |
Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | AB |
THIRD READING
Bill No: AB 1525
:
SENATE PUBLIC SAFETY COMMITTEE: 5-1, 6/20/17
AYES: Skinner, Bradford, Jackson, Mitchell, Wiener
NOES: Anderson
NO VOTE RECORDED: Stone
SENATE APPROPRIATIONS COMMITTEE: 5-2, 7/10/17
AYES: Lara, Beall, Bradford, Hill, Wiener
NOES: Bates, Nielsen
ASSEMBLY FLOOR: 59-15, 5/22/17 - See last page for vote
DIGEST:
This bill updates warnings on packaging, instructional manuals, pamphlets, and signs posted at retailers relating to the risks of firearms to reflect recent updates in California law related to firearms.
Existing law:
- Provides that the packaging of any firearm and any descriptive materials that accompany any firearm shall bear a label containing the following warning statement: “Children are attracted to and can operate firearms that can cause severe injuries or death. Prevent child access by always keeping guns locked away and unloaded when not in use. If you keep a loaded firearm where a child obtains and improperly uses it, you may be fined or sent to prison. A yellow triangle containing an exclamation mark shall appear immediately before the word 'Warning' on the label." (Pen. Code, § 23640, subd. (a).)
- States that if the firearm is sold or transferred without accompanying packaging, the warning label or notice shall be affixed to the firearm itself by a method to be prescribed by regulation of the Attorney General. (Pen. Code, § 23640, subd. (b).)
- Requires that the warning statements shall satisfy both of the following requirements: (Pen. Code, § 23640, subd. (c).)
- It shall be displayed in its entirety on the principal display panel of the firearm's package, and on any descriptive materials that accompany the firearm; and
- It shall be displayed in both English and Spanish, in conspicuous and legible type in contrast by typography, layout, or color with other printed matter on that package or descriptive materials, in a manner consistent with federal regulations.
- Provides that firearms retailers must post conspicuously within the licensed premises the specified warnings in block letters not less than one inch in height. (Pen. Code, § 23835.)
- Provides that the Department of Justice (DOJ) shall develop a firearm safety certificate instruction manual for in English and in Spanish. DOJ shall make the instructional manual available to firearms dealers who shall make it available to the general public. Essential portions of the manual may be included in the firearm safety pamphlet. (Pen. Code, § 31630, subd. (a).)
- Provides that DOJ shall develop audiovisual materials in English and in Spanish to be issued to instructors certified by the department. (Pen. Code, § 31630, subd. (b).)
- States that DOJ shall solicit input from any reputable association or organization, including any law enforcement association that has as one of its objectives the promotion of firearms safety, in the development of the firearm safety certificate instructional materials. (Pen. Code, § 31630, subd. (c).)
- Provides that DOJ shall develop a written objective firearms safety test, in English and in Spanish, and prescribe its content, form, and manner, to be administered by an instructor certified by the department. (Pen. Code, § 31640, subd. (a).)
- States that if the person taking the test is unable to read, the examination shall be administered orally. If the person taking the test is unable to read English or Spanish, the test may be applied orally by a translator. The test: (Pen. Code, § 31640, subd. (b).)
- Provides that the test shall cover, but not be limited to, all of the following: (Pen. Code, § 31640, subd. (c).)
- The laws applicable to carrying and handling firearms, particularly handguns;
- The responsibilities of ownership of firearms, particularly handguns;
- Current law as it relates to the private sale and transfer of firearms;
- Current law as it relates to the permissible use of lethal force;
- What constitutes safe firearm storage;
- Issues associated with bringing a firearm into the home; and
- Prevention strategies to address issues associated with bringing firearms into the home.
- Specifies that the DOJ shall update test materials related to this article every five years. (Pen. Code, § 31640, subd. (d).)
- Provides that the test shall cover, but not be limited to, all of the following: (Pen. Code, § 31640, subd. (c).)
This bill:
- Adds information to specified warnings related to the following firearms regulations:
- Requirements to handle firearms responsibly and to securely store firearms to prevent access by children or other prohibited persons;
- Warnings of fines or imprisonment for failure to comply with specified regulations;
- Information about the associated Attorney General's Web site; and
- Warnings that a child may not be able to distinguish a firearm from a toy.
- Updates warnings relating to the risks of firearms and the laws regulating firearms for all of the following:
- The packaging of firearms;
- Descriptive materials that accompany firearms; and
- The instructional manual developed by the DOJ.
- Updates, as of January 1, 2019, the warnings included at the premises of licensed firearms dealers.
- Requires, as of January 1, 2019, specified warnings be given to persons who take the firearms safety certificate examination and requires the applicant to acknowledge receipt of the warning prior to the issuance of the firearm safety certificate.
- Requires, as of January 1, 2019, that the DOJ update the testing materials for the handgun safety certificate once every five years and requires the DOJ to update the related website regularly to reflect current laws and regulations.
Background
According to the author, consumer education at the point of sale and when taking the Firearms Safety Certificate (FSC) test helps ensure firearms are properly stored and the owners better understand the laws they are expected to follow. Firearm laws are complex and many purchasers and firearm range and store owners are uncertain on how to comply. Current law already requires notices and disclosures to be posted at the point of sale and information be provided to a firearm purchaser when they obtain an FSC. Given the number of new laws firearm owners are expected to follow, it is important not only to update these postings to better reflect existing law, but also to provide the purchaser with information as to where they learn more detailed information about new laws and how to comply.
Beginning in 1993, possession of a handgun safety certificate was required to transfer firearms. The DOJ was required to create the requisite process to obtain a handgun safety certificate. Exemptions were provided for specified classes of persons who did not need to either successfully take the course or challenge the course with a specified exam.
SB 52 (Scott, Chapter 942, Statutes of 2001) repealed the basic firearms safety certificate scheme and replaced it with the more stringent handgun safety certificate scheme. SB 52 provided that, effective January 1, 2003, no person may purchase, transfer, receive, or sell a handgun without a Handgun Safety Certificate (HSC).
FISCAL EFFECT: Appropriation: Fiscal Com.: Local:
According to the Senate Appropriations Committee, the DOJ anticipates that it would have to print 1.3 million new warning labels to meet the requirements of this bill. Additionally, it would incur postage costs to send out 2,000 packages of warning labels. The DOJ anticipates that it would need 40 hours of overtime from an Office Technician to complete the tasks required by this bill.
California Chapters of the Brady Campaign to Prevent Gun Violence
Law Center to Prevent Gun Violence
Women Against Gun Violence
OPPOSITION: (Verified 7/10/17)
Firearms Policy Coalition
National Shooting Sports Foundation
ARGUMENT IN SUPPORT: According to the California Chapters of the Brady Campaign to Prevent Gun Violence, “existing law requires certain warnings on the packaging of any firearm and descriptive materials that accompany a firearm sold or transferred in California by a licensed manufacturer or licensed dealer. Existing law also requires specified warnings to be posted by a gun dealer. AB 1525 will update the warning, including with language that will direct firearm purchasers and other customers to the California Department of Justice Bureau of Firearms website to obtain more information on California’s current firearm laws, regulations and penalties. This same new language will also be included in the instruction manual developed by the Department and must be provided to an applicant for a firearm safety certificate, who must acknowledge receipt. Additionally, the applicant must acknowledge receipt of warning information indicating that it is generally a crime to sell or give a firearm to someone without conducting the transfer through a licensed firearm dealer.
“California has passed many firearm regulations since 1989, with a large number of new policies enacted in the years since the shooting at Sandy Hook School in 2012.
“These laws have different effective dates, scopes and penalties and may be confusing to both new firearm owners and those who have possessed guns for a long time. Although it is the responsibility of gun owners to know the laws pertaining to firearms, it makes sense to facilitate this with a clear warning and a link for finding more information. The provisions in AB 1525 will assist firearm purchasers with better understanding of our state’s law and the proper and safe handling of firearms, so that the purchaser is better able to comply and the laws can be more effective.”
ARGUMENT IN OPPOSITION: According to the Firearms Policy Coalition, “I would like to express our opposition to Assembly Bill 1525 (Baker) aka
‘AB 1525,’ as introduced, would have used the Federal Firearms Licensees (FFL’s) as a mouthpiece for those who would rather see them shut down. While we are pleased that such unconstitutional compulsory speech has been tempered with recent amendments, it still has numerous infirmities that are unlikely to be resolved short of withdrawing the measure from consideration.
“This measure and those like it are probably best described in the immortal words of both the Five Man Electrical Band and later Tesla, 'Signs signs everywhere there's signs Blocking out the scenery Breaking my mind Do this, don't do that Can't you read the sign'
“Perhaps the lyrics should be updated for the new millennium: ‘Signs signs, every year new signs…’
“The Brady/Baker Act places a strange mandate on manufacturing in the amended section 23640, by changing their California only ‘descriptive materials’ on their lawfully distributed and Constitutionally protected products, with a warning that sends people to a web address to an agency which is hostile to gun owners, provides absolutely no technical support to the consumer and simply doesn’t have the expertise to do so.
“In addition, the new signage is yet one more expense borne by retail FFL’s, with risk of losing their license—and livelihood, for non-compliance, who just recently had to re-sign their shops due to other bills and would be required to do it all over again. This section has been amended a few times recently, including the passage of Proposition 63 just a few short months ago. This measure also has a chaptering conflict with this year’s Senate Bill 497 (Portantino) which seeks among other things to change the verbiage on the signs—again!
“The consumer is then saddled with some sort of ‘gotcha’ tactic, requiring them to affirm that they have received this new enlightenment from the Brady/Baker team, creating a paper trail of the cognitive dissonance related to buying a firearm for their minor child who competes or hunts while being forced by law to acknowledge that they should prevent access to the same.
“This bizarre requirement also means that the California Department of Justice (CADOJ) will have to update its forms, materials and the related regulations--- something CADOJ is terrible at. This leads us to the mandates on CADOJ. AB 1525 envisions updating their website with relevant information ‘regularly’. This is the same department who hasn’t updated their ‘assault weapon’ guide in 16 years.
“In fact, the CADOJ has had the last 9 months to promulgate regulations on the deluge of anti-gun owners measure passed last July—and they have not. Worse, we are already through the first quarter of the one year that gun owners are statutorily required to re-register their firearms under California’s now 4th ‘assault weapon’ ban. Much like Prop’ 65 signs, these store signs are prolific eyesores, a visual cue of the disdain the legislature has for its law-abiding gun owners.”
ASSEMBLY FLOOR: 59-15, 5/22/17
AYES: Acosta, Aguiar-Curry, Arambula, Baker, Berman, Bloom, Bocanegra, Burke, Caballero, Chau, Chiu, Choi, Chu, Cooley, Cooper, Cunningham, Dababneh, Daly, Eggman, Friedman, Cristina Garcia, Eduardo Garcia, Gipson, Gloria, Gomez, Gonzalez Fletcher, Gray, Grayson, Holden, Irwin, Jones-Sawyer, Kalra, Lackey, Levine, Limón, Low, Maienschein, Mayes, McCarty, Medina, Mullin, Muratsuchi, O'Donnell, Quirk, Quirk-Silva, Reyes, Ridley-Thomas, Rodriguez, Rubio, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Voepel, Weber, Wood, Rendon
NOES: Travis Allen, Bigelow, Brough, Cervantes, Chávez, Flora, Fong, Frazier, Harper, Kiley, Mathis, Melendez, Obernolte, Patterson, Waldron
NO VOTE RECORDED: Bonta, Calderon, Chen, Dahle, Gallagher, Nazarian
7/12/17 9:34:37
**** END ****
SENATE COMMITTEE ON APPROPRIATIONS
Senator Ricardo Lara, Chair
2017 - 2018 Regular Session
AB 1525 (Baker) - Firearms warnings
Version: March 27, 2017 | Policy Vote: PUB. S. 5 - 1 |
Urgency: No | Mandate: No |
Hearing Date: July 10, 2017 | Consultant: Shaun Naidu |
This bill does not meet the criteria for referral to the Suspense File.
Bill Summary:
AB 1525 would update required warnings on specified packaging, instructional manuals, pamphlets, and signs related to the risks of firearms.
Fiscal Impact:
Approximately $70,000 in one-time material, postage, and workload costs (special fund*) to the Department of Justice (DOJ) related to the new warning labels.
*Firearms Safety Account
Background:
Existing law requires certain warnings on the packaging of any firearm and descriptive materials that accompany a firearm sold or transferred in the state by a licensed manufacturer or licensed dealer. Dealer also are requires to post certain warnings within their premises. Additionally, DOJ is required to develop an instructional manual to be made available to licensed firearms dealers, who are required to make it available to the public.
Proposed Law:
This bill would update required warnings on packaging, instructional manuals, pamphlets, and signs related to the risks of firearms. Specifically, this bill would:
- Require a specified statement relating to the risks of firearms and the laws regulating firearms to be included in the warnings on the packaging of firearms and descriptive materials that accompany firearms and in the DOJ instructional manual.
- Require, on and after January 1, 2019, additional specified warnings to be included at the premises of a licensed firearms dealer.
- Require, on and after January 1, 2019, a specified warning to be given to a person who takes the firearms safety certificate examination and would require the applicant to acknowledge receipt of the prescribed warning prior to issuance of the firearm safety certificate.
- Require, on and after January 1, 2019, DOJ to update the testing material at least once every five years and require the department to update its website regularly to reflect current laws and regulations.
Staff Comments:
The Department of Justice anticipates that it would have to print 1.3 million new warning labels to meet the requirements of this bill. Additionally, it would incur postage costs to send out 2,000 packages of warning labels. The department anticipates that it would need 40 hours of overtime from an Office Technician to complete the tasks required by this bill.
-- END --
SENATE COMMITTEE ON PUBLIC SAFETY
Senator Nancy Skinner, Chair
2017 - 2018 Regular
Bill No: AB 1525 Hearing Date: June 20, 2017
Author: | Baker | ||
Version: | March 27, 2017 | ||
Urgency: | No | Fiscal: | Yes |
Consultant: | GC | ||
Subject: Firearms Warnings
HISTORY
Source: California Chapters of the Brady Campaign to Prevent Gun Violence
Prior Legislation: AB 35 (Shelley), Chapter 940, Statutes of 2001
SB 52 (Scott), Chapter 942, Statutes of 2001
Support: California Chapters of the Brady Campaign to Prevent Gun Violence; Law Center to Prevent Gun Violence; Women Against Gun Violence
Opposition: Firearms Policy Coalition; National Shooting Sports Foundation
Assembly Floor Vote: 59 - 15
PURPOSE
The purpose of this legislation is to update warnings on packaging, instructional manuals, pamphlets, and signs posted at retailers relating to the risks of firearms to reflect recent updates in California law related to firearms.
Existing law provides that the packaging of any firearm and any descriptive materials that accompany any firearm shall bear a label containing the following warning statement: Children are attracted to and can operate firearms that can cause severe injuries or death. Prevent child access by always keeping guns locked away and unloaded when not in use. If you keep a loaded firearm where a child obtains and improperly uses it, you may be fined or sent to prison. A yellow triangle containing an exclamation mark shall appear immediately before the word 'Warning' on the label." (Pen. Code, § 23640, subd. (a).)
Existing law states that if the firearm is sold or transferred without accompanying packaging, the warning label or notice shall be affixed to the firearm itself by a method to be prescribed by regulation of the Attorney General. (Pen. Code, § 23640, subd. (b).)
Existing law requires that the warning statements shall satisfy both of the following requirements: (Pen. Code, § 23640, subd. (c).)
- It shall be displayed in its entirety on the principal display panel of the firearm's package, and on any descriptive materials that accompany the firearm; and
- It shall be displayed in both English and Spanish, in conspicuous and legible type in contrast by typography, layout, or color with other printed matter on that package or descriptive materials, in a manner consistent with federal regulations.
Existing law provides that firearms retailers must post conspicuously within the licensed premises the specified warnings in block letters not less than one inch in height. (Pen. Code, § 23835.)
Existing law provides that DOJ shall develop a firearm safety certificate instruction manual for in English and in Spanish. DOJ shall make the instructional manual available to firearms dealers who shall make it available to the general public. Essential portions of the manual may be included in the firearm safety pamphlet. (Pen. Code, § 31630, subd. (a).)
Existing law provides that DOJ shall develop audiovisual materials in English and in Spanish to be issued to instructors certified by the department. (Pen. Code, § 31630, subd. (b).)
Existing law states that DOJ shall solicit input from any reputable association or organization, including any law enforcement association that has as one of its objectives the promotion of firearms safety, in the development of the firearm safety certificate instructional materials. (Pen. Code, § 31630, subd. (c).)
Existing law provides that DOJ shall develop a written objective firearms safety test, in English and in Spanish, and prescribe its content, form, and manner, to be administered by an instructor certified by the department. (Pen. Code, § 31640, subd. (a).)
Existing law states that if the person taking the test is unable to read, the examination shall be administered orally. If the person taking the test is unable to read English or Spanish, the test may be applied orally by a translator. The test: (Pen. Code, § 31640, subd. (b).)
- Provides that the test shall cover, but not be limited to, all of the following: (Pen. Code, § 31640, subd. (c).)
- The laws applicable to carrying and handling firearms, particularly handguns;
- The responsibilities of ownership of firearms, particularly handguns;
- Current law as it relates to the private sale and transfer of firearms;
- Current law as it relates to the permissible use of lethal force;
- What constitutes safe firearm storage;
- Issues associated with bringing a firearm into the home; and
- Prevention strategies to address issues associated with bringing firearms into the home.
- Specifies that the DOJ shall update test materials related to this article every five years. (Pen. Code, § 31640, subd. (d).)
This bill adds information to specified warnings related to the following firearms regulations:
- Requirements to handle firearms responsibly and to securely store firearms to prevent access by children or other prohibited persons;
- Warnings of fines or imprisonment for failure to comply with specified regulations;
- Information about the associated Attorney General's website; and
- Warnings that a child may not be able to distinguish a firearm from a toy.
This bill updates warnings relating to the risks of firearms and the laws regulating firearms for all of the following:
- The packaging of firearms;
- Descriptive materials that accompany firearms; and
- The instructional manual developed by the Department of Justice (DOJ).
This bill updates, as of January 1, 2019, the warnings included at the premises of licensed firearms dealers.
This bill requires, as of January 1, 2019, specified warnings be given to persons who take the firearms safety certificate examination and require the applicant to acknowledge receipt of the warning prior to the issuance of the firearm safety certificate.
This bill requires, as of January 1, 2019, that the DOJ update the testing materials for the handgun safety certificate once every five years and requires the DOJ to update the related website regularly to reflect current laws and regulations.
COMMENTS
1. Need for This Bill
According to the author:
Last year California adopted several new laws related to firearms, and voters approved a ballot initiative further broadening the scope of firearm regulations. It is vital that law enforcement has the necessary tools to enforce these new laws, and equally important that consumer’s education have fair warning and information about their responsibilities under the law.
California firearm laws are complex and have different effectiveness dates, scopes, and penalties. The State should do its part to assist firearm purchasers with understanding these laws, so the purchaser is better able to comply and the laws can be more effective.
2. Background
According to the background provided by the author:
Consumer education at the point of sale and when taking the Firearms Safety Certificate (FSC) test helps ensure firearms are properly stored and the owners better understand the laws they are expected to follow. Firearm laws are complex and many purchasers and firearm range and store owners are uncertain on how to comply. Current law already requires notices and disclosures to be posted at the point of sale and information be provided to a firearm purchaser when they obtain an FSC. Given the number of new laws firearm owners are expected to follow, it is important not only to update these postings to better reflect existing law, but also to provide the purchaser with information as to where they learn more detailed information about new laws and how to comply.
3. Handgun Safety Certificate
Beginning in 1993, possession of a handgun safety certificate was required to transfer firearms. The Department of Justice was required to create the requisite process to obtain a handgun safety certificate. Exemptions were provided for specified classes of persons who did not need to either successfully take the course or challenge the course with a specified exam.
Senate Bill 52 (Scott), Chapter 942, Statutes of 2001, repealed the basic firearms safety certificate scheme and replaced it with the more stringent handgun safety certificate scheme. SB 52 provided that, effective January 1, 2003, no person may purchase, transfer, receive, or sell a handgun without a Handgun Safety Certificate (HSC).
4. Argument in Support
According to the California Chapters of the Brady Campaign to Prevent Gun Violence:
The California Chapters of the Brady Campaign to Prevent Gun Violence is a grassroots organization working to reduce firearm crime, injury, and death. There are 28 Brady Chapters throughout the state, many of whose members have lost a loved one to gunfire. In furtherance of our goal to reduce firearm violence in our communities, the California Brady Campaign supports AB 1525, introduced by Assemblywoman Catharine Baker.
Existing law requires certain warnings on the packaging of any firearm and descriptive materials that accompany a firearm sold or transferred in California by a licensed manufacturer or licensed dealer. Existing law also requires specified warnings to be posted by a gun dealer. AB 1525 will update the warning, including with language that will direct firearm purchasers and other customers to the California Department of Justice Bureau of Firearms website to obtain more information on California’s current firearm laws, regulations and penalties. This same new language will also be included in the instruction manual developed by the Department and must be provided to an applicant for a firearm safety certificate, who must acknowledge receipt. Additionally, the applicant must acknowledge receipt of warning information indicating that it is generally a crime to sell or give a firearm to someone without conducting the transfer through a licensed firearm dealer.
California has passed many firearm regulations since 1989, with a large number of new policies enacted in the years since the shooting at Sandy Hook School in 2012.
These laws have different effective dates, scopes and penalties and may be confusing to both new firearm owners and those who have possessed guns for a long time. Although it is the responsibility of gun owners to know the laws pertaining to firearms, it makes sense to facilitate this with a clear warning and a link for finding more information. The provisions in AB 1525 will assist firearm purchasers with better understanding of our state’s law and the proper and safe handling of firearms, so that the purchaser is better able to comply and the laws can be more effective.
California has the strongest gun laws in the nation and they are making a difference. From 1993 - 2015, California’s firearm mortality rate declined by 57 percent — more than twice the decrease in the rest of the nation. Our state has done the best job in the country of enacting laws that make it harder for criminals and other dangerous people to acquire dangerous firearms. These laws have helped reduce both gun homicides and gun suicides, and have enabled law enforcement to combat illegal firearms trafficking and seize illegally owned guns. We believe that increased knowledge and compliance will help our state realize even more benefit from our strong gun laws and more lives will be saved.
5. Argument in Opposition
According to the Firearms Policy Coalition:
On behalf of the members and supporters of Firearms Policy Coalition, I would like to express our opposition to Assembly Bill 1525 (Baker) aka “The Brady/Baker Act”, a measure that requires mandates on manufacturers retailers, consumers and regulators, but does not provide any benefit or value to any of them or to the public. It is our understanding that this measure is sponsored by the organization now calling itself the Brady Campaign (formerly Handgun Control, Inc.) and did not originate from any identifiable need or from persons or entities that are involved in the shooting sports or firearms safety training.
AB 1525, as introduced, would have used the Federal Firearms Licensees (FFL’s) as a mouthpiece for those who would rather see them shut down. While we are pleased that such unconstitutional compulsory speech has been tempered with recent amendments, it still has numerous infirmities that are unlikely to be resolved short of withdrawing the measure from consideration.
This measure and those like it are probably best described in the immortal words of both the Five Man Electrical Band and later Tesla, 'Signs signs everywhere there's signs Blocking out the scenery Breaking my mind Do this, don't do that Can't you read the sign'
Perhaps the lyrics should be updated for the new millennium: “Signs signs, every year new signs…
The Brady/Baker Act places a strange mandate on manufacturing in the amended section 23640, by changing their California only “descriptive materials” on their lawfully distributed and Constitutionally protected products, with a warning that sends people to a web address to an agency which is hostile to gun owners, provides absolutely no technical support to the consumer and simply doesn’t have the expertise to do so.
In addition, the new signage is yet one more expense borne by retail FFL’s, with risk of losing their license—and livelihood, for non-compliance, who just recently had to re-sign their shops due to other bills and would be required to do it all over again. This section has been amended a few times recently, including the passage of Proposition 63 just a few short months ago. This measure also has a chaptering conflict with this year’s Senate Bill 497 (Portantino) which seeks among other things to change the verbiage on the signs—again!
The consumer is then saddled with some sort of “gotcha” tactic, requiring them to affirm that they have received this new enlightenment from the Brady/Baker team, creating a paper trail of the cognitive dissonance related to buying a firearm for their minor child who competes or hunts while being forced by law to acknowledge that they should prevent access to the same.
This bizarre requirement also means that the California Department of Justice (CADOJ) will have to update its forms, materials and the related regulations--- something CADOJ is terrible at. This leads us to the mandates on CADOJ. AB 1525 envisions updating their website with relevant information “regularly”. This is the same department who hasn’t updated their “assault weapon” guide in 16 years.
In fact, the CADOJ has had the last 9 months to promulgate regulations on the deluge of anti-gun owners measure passed last July—and they have not. Worse, we are already through the first quarter of the one year that gun owners are statutorily required to re-register their firearms under California’s now 4th “assault weapon” ban. Much like Prop’ 65 signs, these store signs are prolific eyesores, a visual cue of the disdain the legislature has for its law-abiding gun owners.
This non-stop drumbeat of anti-gun-owner and anti- business regulations has done precious little to improve our state, but it has cost the Legislature respect and likely the very validation and compliance it seeks. This measure is simply a problem is search of more problems.
We ask that you reject the Brady/Baker Act (AB 1525). We also ask that the author withdraw this measure from consideration. And we ask that if legislators want to learn about gun safety, they seek out those who practice the art, not those who would seek gun control as an agenda.
-- END –
ASSEMBLY THIRD READING
ATR Bill Id:AB 1525
Author:(Baker)
As Amended Ver:March 27, 2017
Majority vote
Committee | Votes | Ayes | Noes |
Public Safety | 7-0 | Jones-Sawyer, Lackey, Flora, Gonzalez Fletcher, Quirk, Rubio, Santiago | |
Appropriations | 12-5 | Gonzalez Fletcher, Bloom, Bocanegra, Bonta, Calderon, Chau, Eggman, Friedman, Eduardo Garcia, Gray, Muratsuchi, Reyes | Bigelow, Brough, Fong, Gallagher, Obernolte |
SUMMARY: Updates warnings on packaging, instructional manuals, pamphlets, and signs posted at retailers relating to the risks of firearms to reflect recent updates in California law related to firearms. Specifically, this bill:
- Adds information to specified warnings related to the following firearms regulations:
- Requirements to handle firearms responsibly and to securely store firearms to prevent access by children or other prohibited persons;
- Warnings of fines or imprisonment for failure to comply with specified regulations;
- Information about the associated Attorney General's Web site; and
- Warnings that a child may not be able to distinguish a firearm from a toy.
- Updates warnings relating to the risks of firearms and the laws regulating firearms for all of the following:
- The packaging of firearms;
- Descriptive materials that accompany firearms; and
- The instructional manual developed by the Department of Justice (DOJ).
- Updates, as of January 1, 2019, the warnings included at the premises of licensed firearms dealers.
- Requires, as of January 1, 2019, specified warnings be given to persons who take the firearms safety certificate examination and require the applicant to acknowledge receipt of the warning prior to the issuance of the firearm safety certificate.
- Requires, as of January 1, 2019, that the DOJ update the testing materials for the handgun safety certificate once every five years and requires the DOJ to update the related Web site regularly to reflect current laws and regulations.
EXISTING LAW:
- Provides that the packaging of any firearm and any descriptive materials that accompany any firearm shall bear a label containing the following warning statement: Children are attracted to and can operate firearms that can cause severe injuries or death. Prevent child access by always keeping guns locked away and unloaded when not in use. If you keep a loaded firearm where a child obtains and improperly uses it, you may be fined or sent to prison. A yellow triangle containing an exclamation mark shall appear immediately before the word 'Warning' on the label."
- States that if the firearm is sold or transferred without accompanying packaging, the warning label or notice shall be affixed to the firearm itself by a method to be prescribed by regulation of the Attorney General.
- Requires that the warning statements shall satisfy both of the following requirements:
- It shall be displayed in its entirety on the principal display panel of the firearm's package, and on any descriptive materials that accompany the firearm; and
- It shall be displayed in both English and Spanish, in conspicuous and legible type in contrast by typography, layout, or color with other printed matter on that package or descriptive materials, in a manner consistent with federal regulations.
- Provides that firearms retailers must post conspicuously within the licensed premises the specified warnings in block letters not less than one inch in height.
- Provides that DOJ shall develop a firearm safety certificate instruction manual for in English and in Spanish. DOJ shall make the instructional manual available to firearms dealers who shall make it available to the general public. Essential portions of the manual may be included in the firearm safety pamphlet.
- Provides that DOJ shall develop audiovisual materials in English and in Spanish to be issued to instructors certified by the department.
- States that DOJ shall solicit input from any reputable association or organization, including any law enforcement association that has as one of its objectives the promotion of firearms safety, in the development of the firearm safety certificate instructional materials.
- Provides that DOJ shall develop a written objective firearms safety test, in English and in Spanish, and prescribe its content, form, and manner, to be administered by an instructor certified by the department.
- States that if the person taking the test is unable to read, the examination shall be administered orally. If the person taking the test is unable to read English or Spanish, the test may be applied orally by a translator. The test:
- Provides that the test shall cover, but not be limited to, all of the following:
- The laws applicable to carrying and handling firearms, particularly handguns;
- The responsibilities of ownership of firearms, particularly handguns;
- Current law as it relates to the private sale and transfer of firearms;
- Current law as it relates to the permissible use of lethal force;
- What constitutes safe firearm storage;
- Issues associated with bringing a firearm into the home; and
- Prevention strategies to address issues associated with bringing firearms into the home.
- Specifies that the DOJ shall update test materials related to this article every five years.
- Provides that the test shall cover, but not be limited to, all of the following:
FISCAL EFFECT: According to the Assembly Appropriations Committee, increased costs, in the $70,000 range (Firearms Safety Account), for DOJ to print 1.3 million new warning labels and postage to send out 2,000 packages of warning labels, in addition to about 40 hours of overtime to complete the workload.
COMMENTS: "Last year California adopted several new laws related to firearms, and voters approved a ballot initiative further broadening the scope of firearm regulations. It is vital that law enforcement has the necessary tools to enforce these new laws, and equally important that consumer's education have fair warning and information about their responsibilities under the law.
"California firearm laws are complex and have different effectiveness dates, scopes, and penalties. The State should do its part to assist firearm purchasers with understanding these laws, so the purchaser is better able to comply and the laws can be more effective."
Analysis Prepared by: Gabriel Caswell / PUB. S. / (916) 319-3744 FN: 0000314
Date of Hearing: May 10, 2017
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Lorena Gonzalez Fletcher, Chair
ABPCA Bill Id:AB 1525
Author:(Baker) – As Amended Ver:March 27, 2017
Policy Committee: | Public Safety | Vote: | 7 - 0 |
|
| ||
|
|
Urgency: No State Mandated Local Program: No Reimbursable: No
SUMMARY:
This bill updates warnings on packaging, instructional manuals, pamphlets, and signs posted at retailers relating to the risks of firearms to reflect recent updates in California law related to firearms. This bill also requires, by January 1, 2019, the Department of Justice (DOJ) to update its instructional manual and firearm safety certificate testing process to incorporate these warnings, and to update its website to reflect current laws and regulations.
FISCAL EFFECT:
Increased costs, in the $70,000 range (Firearms Safety Account), for DOJ to print 1.3 million new warning labels and postage to send out 2,000 packages of warning labels, in addition to about 40 hours of overtime to complete the workload.
COMMENTS:
- Background. Beginning in 1993, possession of a handgun safety certificate was required to transfer firearms. DOJ was required to create the requisite process to obtain a handgun safety certificate. Exemptions were provided for specified classes of persons who did not need to either successfully take the course or challenge the course with a specified exam.
Senate Bill 52 (Scott), Chapter 942, Statutes of 2001, repealed the basic firearms safety certificate scheme and replaced it with the more stringent handgun safety certificate scheme. SB 52 provided that, effective January 1, 2003, no person may purchase, transfer, receive, or sell a handgun without a Handgun Safety Certificate (HSC).
Current law requires the packaging of any firearm and any descriptive materials that accompany any firearm to bear a label containing the following warning statement: “Children are attracted to and can operate firearms that can cause severe injuries or death. Prevent child access by always keeping guns locked away and unloaded when not in use. If you keep a loaded firearm where a child obtains and improperly uses it, you may be fined or sent to prison. A yellow triangle containing an exclamation mark shall appear immediately before the word 'Warning' on the label.’"
- Purpose and Support. The author and supporters (California Chapters of the Brady Campaign to Prevent Gun Violence) point out that California adopted has adopted several new laws related to firearms. It is vital that consumer’s education have fair warning and information about their responsibilities under the law, California firearm owners must understand these complex laws and regulations, but the State should do its part to assist firearm purchasers with understanding these laws, so the purchaser is better able to comply and the laws can be more effective.
- Opposition.: The Firearms Policy Coalition believes this measure requires mandates on manufacturers retailers, consumers and regulators, but does not provide any benefit or value to any of them or to the public.
Analysis Prepared by: Pedro Reyes / APPR. / (916) 319-2081
Date of Hearing:
Counsel: Gabriel Caswell
ASSEMBLY COMMITTEE ON PUBLIC SAFETY
Reginald Byron Jones-Sawyer, Sr., Chair
ABPCA Bill Id:AB 1525
Author:(Baker) – As Amended Ver:March 27, 2017
SUMMARY:
Updates warnings on packaging, instructional manuals, pamphlets, and signs posted at retailers relating to the risks of firearms to reflect recent updates in California law related to firearms. Specifically, this bill:
- Adds information to specified warnings related to the following firearms regulations:
- Requirements to handle firearms responsibly and to securely store firearms to prevent access by children or other prohibited persons;
- Warnings of fines or imprisonment for failure to comply with specified regulations;
- Information about the associated Attorney General's website; and
- Warnings that a child may not be able to distinguish a firearm from a toy.
- Requirements to handle firearms responsibly and to securely store firearms to prevent access by children or other prohibited persons;
- Updates warnings relating to the risks of firearms and the laws regulating firearms for all of the following:
- The packaging of firearms;
- Descriptive materials that accompany firearms; and
- The instructional manual developed by the Department of Justice (DOJ).
- The packaging of firearms;
- Updates, as of January 1, 2019, the warnings included at the premises of licensed firearms dealers.
- Requires, as of January 1, 2019, specified warnings be given to persons who take the firearms safety certificate examination and require the applicant to acknowledge receipt of the warning prior to the issuance of the firearm safety certificate.
- Requires, as of January 1, 2019, that the DOJ update the testing materials for the handgun safety certificate once every five years and requires the DOJ to update the related website regularly to reflect current laws and regulations.
EXISTING LAW:
- Provides that the packaging of any firearm and any descriptive materials that accompany any firearm shall bear a label containing the following warning statement: Children are attracted to and can operate firearms that can cause severe injuries or death. Prevent child access by always keeping guns locked away and unloaded when not in use. If you keep a loaded firearm where a child obtains and improperly uses it, you may be fined or sent to prison. A yellow triangle containing an exclamation mark shall appear immediately before the word 'Warning' on the label." (Pen. Code, § 23640, subd. (a).)
- States that if the firearm is sold or transferred without accompanying packaging, the warning label or notice shall be affixed to the firearm itself by a method to be prescribed by regulation of the Attorney General. (Pen. Code, § 23640, subd. (b).)
- Requires that the warning statements shall satisfy both of the following requirements: (Pen. Code, § 23640, subd. (c).)
- It shall be displayed in its entirety on the principal display panel of the firearm's package, and on any descriptive materials that accompany the firearm; and
- It shall be displayed in both English and Spanish, in conspicuous and legible type in contrast by typography, layout, or color with other printed matter on that package or descriptive materials, in a manner consistent with federal regulations.
- It shall be displayed in its entirety on the principal display panel of the firearm's package, and on any descriptive materials that accompany the firearm; and
- Provides that firearms retailers must post conspicuously within the licensed premises the specified warnings in block letters not less than one inch in height. (Pen. Code, § 23835.)
- Provides that DOJ shall develop a firearm safety certificate instruction manual for in English and in Spanish. DOJ shall make the instructional manual available to firearms dealers who shall make it available to the general public. Essential portions of the manual may be included in the firearm safety pamphlet. (Pen. Code, § 31630, subd. (a).)
- Provides that DOJ shall develop audiovisual materials in English and in Spanish to be issued to instructors certified by the department. (Pen. Code, § 31630, subd. (b).)
- States that DOJ shall solicit input from any reputable association or organization, including any law enforcement association that has as one of its objectives the promotion of firearms safety, in the development of the firearm safety certificate instructional materials. (Pen. Code, § 31630, subd. (c).)
- Provides that DOJ shall develop a written objective firearms safety test, in English and in Spanish, and prescribe its content, form, and manner, to be administered by an instructor certified by the department. (Pen. Code, § 31640, subd. (a).)
- States that if the person taking the test is unable to read, the examination shall be administered orally. If the person taking the test is unable to read English or Spanish, the test may be applied orally by a translator. The test: (Pen. Code, § 31640, subd. (b).)
- Provides that the test shall cover, but not be limited to, all of the following: (Pen. Code, § 31640, subd. (c).)
- The laws applicable to carrying and handling firearms, particularly handguns;
- The responsibilities of ownership of firearms, particularly handguns;
- Current law as it relates to the private sale and transfer of firearms;
- Current law as it relates to the permissible use of lethal force;
- What constitutes safe firearm storage;
- Issues associated with bringing a firearm into the home; and
- Prevention strategies to address issues associated with bringing firearms into the home.
- Specifies that the DOJ shall update test materials related to this article every five years. (Pen. Code, § 31640, subd. (d).)
- Provides that the test shall cover, but not be limited to, all of the following: (Pen. Code, § 31640, subd. (c).)
FISCAL EFFECT:
Unknown
COMMENTS:
- Author's Statement: According to the author, "Last year California adopted several new laws related to firearms, and voters approved a ballot initiative further broadening the scope of firearm regulations. It is vital that law enforcement has the necessary tools to enforce these new laws, and equally important that consumer’s education have fair warning and information about their responsibilities under the law.
"California firearm laws are complex and have different effectiveness dates, scopes, and penalties. The State should do its part to assist firearm purchasers with understanding these laws, so the purchaser is better able to comply and the laws can be more effective."
- Background: According to the background submitted by the author, "Consumer education at the point of sale and when taking the Firearms Safety Certificate (FSC) test helps ensure firearms are properly stored and the owners better understand the laws they are expected to follow. Firearm laws are complex and many purchasers and firearm range and store owners are uncertain on how to comply. Current law already requires notices and disclosures to be posted at the point of sale and information be provided to a firearm purchaser when they obtain an FSC. Given the number of new laws firearm owners are expected to follow, it is important not only to update these postings to better reflect existing law, but also to provide the purchaser with information as to where they learn more detailed information about new laws and how to comply."
- Safety Certificate Background: Beginning in 1993, possession of a handgun safety certificate was required to transfer firearms. The Department of Justice was required to create the requisite process to obtain a handgun safety certificate. Exemptions were provided for specified classes of persons who did not need to either successfully take the course or challenge the course with a specified exam.
Senate Bill 52 (Scott), Chapter 942, Statutes of 2001, repealed the basic firearms safety certificate scheme and replaced it with the more stringent handgun safety certificate scheme. SB 52 provided that, effective January 1, 2003, no person may purchase, transfer, receive, or sell a handgun without a Handgun Safety Certificate (HSC).
- Argument in Support: According to the California Chapters of the Brady Campaign to Prevent Gun Violence, "The California Chapters of the Brady Campaign to Prevent Gun Violence is a grassroots organization working to reduce firearm crime, injury, and death. There are 28 Brady Chapters throughout the state, many of whose members have lost a loved one to gunfire. In furtherance of our goal to reduce firearm violence in our communities, the California Brady Campaign supports AB 1525, introduced by Assemblywoman Catharine Baker.
"Existing law requires certain warnings on the packaging of any firearm and descriptive materials that accompany a firearm sold or transferred in California by a licensed manufacturer or licensed dealer. Existing law also requires specified warnings to be posted by a gun dealer. AB 1525 will update the warning, including with language that will direct firearm purchasers and other customers to the California Department of Justice Bureau of Firearms website to obtain more information on California’s current firearm laws, regulations and penalties. This same new language will also be included in the instruction manual developed by the Department and must be provided to an applicant for a firearm safety certificate, who must acknowledge receipt. Additionally, the applicant must acknowledge receipt of warning information indicating that it is generally a crime to sell or give a firearm to someone without conducting the transfer through a licensed firearm dealer.
"California has passed many firearm regulations since 1989, with a large number of new policies enacted in the years since the shooting at Sandy Hook School in 2012.
"These laws have different effective dates, scopes and penalties and may be confusing to both new firearm owners and those who have possessed guns for a long time. Although it is the responsibility of gun owners to know the laws pertaining to firearms, it makes sense to facilitate this with a clear warning and a link for finding more information. The provisions in AB 1525 will assist firearm purchasers with better understanding of our state’s law and the proper and safe handling of firearms, so that the purchaser is better able to comply and the laws can be more effective.
"California has the strongest gun laws in the nation and they are making a difference. From 1993 - 2015, California’s firearm mortality rate declined by 57 percent — more than twice the decrease in the rest of the nation. Our state has done the best job in the country of enacting laws that make it harder for criminals and other dangerous people to acquire dangerous firearms. These laws have helped reduce both gun homicides and gun suicides, and have enabled law enforcement to combat illegal firearms trafficking and seize illegally owned guns. We believe that increased knowledge and compliance will help our state realize even more benefit from our strong gun laws and more lives will be saved."
- Argument in Opposition: According to the Firearms Policy Coalition, "On behalf of the members and supporters of Firearms Policy Coalition, I would like to express our
opposition to Assembly Bill 1525 (Baker) aka “The Brady/Baker Act”, a measure that requires mandates on manufacturers retailers, consumers and regulators, but does not provide any benefit or value to any of them or to the public. It is our understanding that this measure is sponsored by the organization now calling itself the Brady Campaign (formerly Handgun Control, Inc.) and did not originate from any identifiable need or from persons or entities that are involved in the shooting sports or firearms safety training.
"AB 1525, as introduced, would have used the Federal Firearms Licensees (FFL’s) as a mouthpiece for those who would rather see them shut down. While we are pleased that such unconstitutional compulsory speech has been tempered with recent amendments, it still has numerous infirmities that are unlikely to be resolved short of withdrawing the measure from consideration.
"This measure and those like it are probably best described in the immortal words of both the Five Man Electrical Band and later Tesla, 'Signs signs everywhere there's signs Blocking out the scenery Breaking my mind Do this, don't do that Can't you read the sign'
"Perhaps the lyrics should be updated for the new millennium: “Signs signs, every year new signs…
"The Brady/Baker Act places a strange mandate on manufacturing in the amended section 23640, by changing their California only “descriptive materials” on their lawfully distributed and Constitutionally protected products, with a warning that sends people to a web address to an agency which is hostile to gun owners, provides absolutely no technical support to the consumer and simply doesn’t have the expertise to do so.
"In addition, the new signage is yet one more expense borne by retail FFL’s, with risk of losing their license—and livelihood, for non-compliance, who just recently had to re-sign their shops due to other bills and would be required to do it all over again. This section has been amended a few times recently, including the passage of Proposition 63 just a few short months ago. This measure also has a chaptering conflict with this year’s Senate Bill 497 (Portantino) which seeks among other things to change the verbiage on the signs—again!
"The consumer is then saddled with some sort of “gotcha” tactic, requiring them to affirm that they have received this new enlightenment from the Brady/Baker team, creating a paper trail of the cognitive dissonance related to buying a firearm for their minor child who competes or hunts while being forced by law to acknowledge that they should prevent access to the same.
"This bizarre requirement also means that the California Department of Justice (CADOJ) will have to update its forms, materials and the related regulations--- something CADOJ is terrible at. This leads us to the mandates on CADOJ. AB 1525 envisions updating their website with relevant information “regularly”. This is the same department who hasn’t updated their “assault weapon” guide in 16 years.
"In fact, the CADOJ has had the last 9 months to promulgate regulations on the deluge of anti-gunowners measure passed last July—and they have not. Worse, we are already through the first quarter of the one year that gun owners are statutorily required to re-register their firearms under California’s now 4th “assault weapon” ban. Much like Prop’ 65 signs, these store signs are prolific eyesores, a visual cue of the disdain the legislature has for its law-abiding gun owners.
"This non-stop drumbeat of anti-gun-owner and anti- business regulations has done precious little to improve our state, but it has cost the Legislature respect and likely the very validation and compliance it seeks. This measure is simply a problem is search of more problems.
"We ask that you reject the Brady/Baker Act (AB 1525). We also ask that the author withdraw this measure from consideration. And we ask that if legislators want to learn about gun safety, they seek out those who practice the art, not those who would seek gun control as an agenda."
- Prior Legislation:
- AB 35 (Shelley), Chapter 940, Statutes of 2001, required any person who wants to purchase or otherwise transfer a handgun, except as specified, to obtain a handgun safety certificate. Enactment of AB 35 was contingent upon the enactment of SB 52, with the bill that was chaptered last establishing the handgun safety certificate scheme.
- SB 52 (Scott), Chapter 942, Statutes of 2001, required any person who wants to purchase or otherwise transfer a handgun, except as specified, to obtain a handgun safety certificate. Enactment of SB 52 was contingent upon the enactment of AB 35, with the bill that was chaptered last establishing the handgun safety certificate scheme.
REGISTERED SUPPORT / OPPOSITION:
Support
California Chapters of the Brady Campaign to Prevent Gun Violence
Law Center to Prevent Gun Violence
Opposition
Firearms Policy Coalition
National Shooting Sports Foundation
Analysis Prepared by:
Gabriel Caswell / PUB. S. /
Discussed in Hearing
Senate Floor
Senate Standing Committee on Appropriations
Senate Standing Committee on Public Safety
Assembly Floor
Assembly Standing Committee on Appropriations
Assembly Standing Committee on Public Safety
Assembly Standing Committee on Public Safety
Bill Author
Bill Co-Author(s):