Existing law generally requires all inventory firearms of a firearms dealer to be stored in the licensed location when the firearms dealer is not open for business. Existing law requires each firearm to be secured by (1) storing the firearm in a secure facility that is a part of, or that constitutes, the firearms dealers business premises, (2) securing the firearm with a steel rod or cable with specified features, or (3) storing the firearm in a locked fireproof safe or vault in the business premises. A firearms dealers license is subject to forfeiture for a breach of any of those provisions.

This bill would instead, commencing July 1, 2018, require each of the firearms to be secured by storing the firearm in a secure facility, as described above. The bill would require the firearms to also be secured using one of several methods, including the method involving a steel rod or cable or the method involving a safe or vault, as described above. The bill would require, if the rod or cable method is used and if the licensed location is at street level, that the licensee install, or cause to be installed, concrete or hardened steel bollards meeting certain specifications, or other specified barriers, to protect the locations front entrance, any floor-to-ceiling windows, and any other doors, from breach by a vehicle, as specified. If a safe or vault method is used, the bill would require the safe to meet specified safety standards established by the Attorney General relating to risk reduction of firearm-related injuries to children 17 years of age and younger. The bill would also authorize the dealer to secure the firearms by storing them in a shatter-proof or other specified display case, or in a windowless room without a door accessing the outside of the building, or by use of a steel roll-down door or security gate, or in a locked steel gun rack. The bill would also require the dealer to install steel roll-down doors on perimeter doors and floor-to-ceiling windows if the other securing methods described above are not used.

Existing law generally requires all inventory firearms of a firearms dealer to be stored in the licensed location when the firearms dealer is not open for business. Existing law requires each firearm to be secured by (1) storing the firearm in a secure facility that is a part of, or that constitutes, the firearms dealers business premises, (2) securing the firearm with a steel rod or cable with specified features, or (3) storing the firearm in a locked fireproof safe or vault in the business premises. A firearms dealers license is subject to forfeiture for a breach of any of those provisions.

This bill would instead, commencing July 1, 2018, require each of the firearms to be secured by storing the firearm in a secure facility, as described above. The bill would require the firearms to also be secured using one of several methods, including the method involving a steel rod or cable or the method involving a safe or vault, as described above. The bill would require, if the rod or cable method is used and if the licensed location is at street level, that the licensee install, or cause to be installed, concrete or hardened steel bollards meeting certain specifications, or other specified barriers, to protect the locations front entrance, any floor-to-ceiling windows, and any other doors, from breach by a vehicle, as specified. If a safe or vault method is used, the bill would require the safe to meet specified safety standards established by the Attorney General relating to risk reduction of firearm-related injuries to children 17 years of age and younger. The bill would also authorize the dealer to secure the firearms by storing them in a shatter-proof or other specified display case, or in a windowless room without a door accessing the outside of the building, or by use of a steel roll-down door or security gate gate, or in a locked steel gun rack. The bill would also require the dealer to install steel roll-down doors on perimeter doors and floor-to-ceiling windows if the other securing methods described above are not used.

Existing law generally requires all inventory firearms of a firearms dealer to be stored in the licensed location when the firearms dealer is not open for business. Existing law requires each firearm to be secured by (1) storing the firearm in a secure facility that is a part of, or that constitutes, the firearms dealers business premises, (2) securing the firearm with a steel rod or cable with specified features, or (3) storing the firearm in a locked fireproof safe or vault in the business premises. A firearms dealers license is subject to forfeiture for a breach of any of those provisions.

This bill would instead instead, commencing July 1, 2018, require each of the firearms to be secured by storing the firearm in a secure facility, as described above. The bill would require the firearms to also be secured using either one of several methods, including the method involving a steel rod or cable or the method involving a safe or vault, as described above. The bill would require, if the rod or cable method is used and if the licensed location is at street level, that the licensee install, or cause to be installed, concrete or hardened steel pillars bollards meeting certain specifications specifications, or other specified barriers, to protect the locations front entrance, any floor to ceiling floor-to-ceiling windows, and any other doors, from breach by a vehicle, as specified. If a safe or vault method is used, the bill would require the safe to meet specified safety standards established by the Attorney General relating to risk reduction of firearm-related injuries to children 17 years of age and younger. The bill would also authorize the dealer to secure the firearms by storing them in a shatter-proof display case, in a windowless room without a door accessing the outside of the building, or by use of a steel roll-down door or security gate or in a locked gun rack. The bill would also require the dealer to install steel roll-down doors on perimeter doors and floor-to-ceiling windows if the other securing methods described above are not used.

Existing law generally requires all inventory firearms of a firearms dealer to be stored in the licensed location when the firearms dealer is not open for business. Existing law requires each firearm to be secured by (1) storing the firearm in a secure facility that is a part of, or that constitutes, the firearms dealers business premises, (2) securing the firearm with a steel rod or cable with specified features, or (3) storing the firearm in a locked fireproof safe or vault in the business premises. A firearms dealers license is subject to forfeiture for a breach of any of those provisions.

This bill would instead require each of the firearms to be secured by storing the firearm in a secure facility, as described above. The bill would require the firearms to also be secured using either the method involving a steel rod or cable or the method involving a safe or vault, as described above. If a steel rod or cable is used, the bill would also require the installation of concrete or hardened steel pillars of sufficient strength, width, height, and spacing to stop a vehicle. The bill would require, if the rod or cable method is used and if the licensed location is at street level, that the licensee install, or cause to be installed, concrete or hardened steel pillars meeting certain specifications to protect the locations front entrance, any floor to ceiling windows, and any other doors, from breach by a vehicle, as specified. If a safe or vault method is used, the bill would require the safe or vault to meet specified safety standards established by the Attorney General relating to risk reduction of firearm-related injuries to children 17 years of age and younger.

Existing law generally requires all inventory firearms of a firearms dealer to be stored in the licensed location when the firearms dealer is not open for business. Existing law requires each firearm to be secured by (1) storing the firearm in a secure facility that is a part of, or that constitutes, the firearms dealers business premises, (2) securing the firearm with a steel rod or cable with specified features, or (3) storing the firearm in a locked fireproof safe or vault in the business premises. A firearms dealers license is subject to forfeiture for a breach of any of those provisions.

This bill would instead require each of the firearms to be secured by storing the firearm in a secure facility, as described above. The bill would require the firearms to also be secured using either the method involving a steel rod or cable or the method involving a safe or vault, as described above. If a steel rod or cable is used, the bill would also require the installation of concrete or hardened steel pillars of sufficient strength, width, height, and spacing to stop a vehicle. If a safe or vault is used, the bill would require the safe or vault to meet specified safety standards established by the Attorney General relating to risk reduction of firearm-related injuries to children 17 years of age and younger.

 VETO  

Bill No: SB 464

Author:

:

Vote: 7

SENATE PUBLIC SAFETY COMMITTEE: 5-2, 3/21/17

AYES: Skinner, Bradford, Jackson, Mitchell, Wiener

NOES: Anderson, Stone

SENATE APPROPRIATIONS COMMITTEE: 5-2, 5/25/17

AYES: Lara, Beall, Bradford, Hill, Wiener

NOES: Bates, Nielsen

SENATE FLOOR: 25-14, 5/31/17

AYES: Allen, Atkins, Beall, Bradford, De León, Dodd, Galgiani, Glazer, Hernandez, Hertzberg, Hill, Hueso, Jackson, Lara, Leyva, McGuire, Mendoza, Mitchell, Monning, Pan, Portantino, Skinner, Stern, Wieckowski, Wiener

NOES: Anderson, Bates, Berryhill, Cannella, Fuller, Gaines, Moorlach, Morrell, Newman, Nguyen, Nielsen, Stone, Vidak, Wilk

NO VOTE RECORDED: Roth

SENATE FLOOR: 24-14, 9/5/17

AYES: Allen, Atkins, Beall, Bradford, De León, Dodd, Galgiani, Glazer, Hernandez, Hertzberg, Hill, Hueso, Jackson, Lara, Leyva, McGuire, Mitchell, Monning, Pan, Portantino, Skinner, Stern, Wieckowski, Wiener

NOES: Anderson, Bates, Berryhill, Cannella, Fuller, Gaines, Moorlach, Morrell, Newman, Nguyen, Nielsen, Stone, Vidak, Wilk

NO VOTE RECORDED: Mendoza, Roth

ASSEMBLY FLOOR: 46-27, 8/24/17 - See last page for vote

SUBJECT:

SOURCE: Author

DIGEST:

This bill enhances the security requirements placed on the premises where a licensed firearms dealer conducts his or her business.

ANALYSIS:

Existing law:

1. States that, in general and subject to exceptions, the business of a firearms licensee shall be conducted only in the buildings designated by the business license. (Pen. Code, § 26805, subd. (a).)
   
2. Provides that a licensed firearms dealer may take possession of firearms and commence preparation of registers for the sale, delivery, or transfer of firearms at any gun show or event if the gun show or event is not conducted from any motorized or towed vehicle. A person conducting business shall be entitled to conduct business as authorized at any gun show or event in the state, without regard to the jurisdiction within this state that issued the license provided the person complies with all applicable laws, including, but not limited to, the waiting period specified, and all applicable local laws, regulations, and fees, if any. (Pen. Code, § 26805, subd. (b)(1).)
3. Allows a licensed firearms dealer to engage in the sale and transfer of firearms other than handguns, at specified events, subject to the prohibitions and restrictions contained in those sections. (Pen. Code, § 26805, subd. (c)(1).)
4. Provides a licensed firearms dealer may also accept delivery of firearms other than handguns, outside the building designated in the license, provided the firearm is being donated for the purpose of sale or transfer at an auction or similar event specified. (Pen. Code, § 26805, subd. (c)(2).)
   
5. Authorizes a licensed firearms dealer to deliver a firearm to a purchaser, transferee, or person being loaned the firearm at one of the following places:
   
   1. The building designated in the license;
      
   2. The places specified as express exemptions; and
      
   3. The place of residence of, the fixed place of business of, or on private property owned or lawfully possessed by, the purchaser, transferee, or person being loaned the firearm. (Pen. Code § 26805, subd. (d).)
6. Provides that a licensed firearms dealer conducting a firearms business shall publicly display that person's license issued, or a facsimile thereof, at any gun show or event, as specified. (Pen. Code § 26805, subd. (b)(2).)
   
7. Requires that any time when the licensee is not open for business, all inventory firearms must be stored in the licensed location. All firearms must be secured using one of the following methods as to each particular firearm:
   
   1. Store the firearm in a secure facility that is a part of, or that constitutes, the licensees business premises;
      
   2. Secure the firearm with a hardened steel rod or cable of at least one-eighth inch in diameter through the trigger guard of the firearm. The steel rod or cable shall be secured with a hardened steel lock that has a shackle. The lock and shackle shall be protected or shielded from the use of a boltcutter and the rod or cable shall be anchored in a manner that prevents the removal of the firearm from the premises; or,
      
   3. Store the firearm in a locked fireproof safe or vault in the licensee's business premises. (Pen. Code, § 26890, subd. (a).)
      
8. States that the licensing authority in an unincorporated area of a county or within a city may impose security requirements that are more strict or are at a higher standard than those that are required under state law. (Pen. Code, §26890, subd. (b).)
   
9. Provides that upon written request from a licensee, the licensing authority may grant an exemption from compliance with storage requirements if the licensee is unable to comply with those requirements because of local ordinances, covenants, lease conditions, or similar circumstances not under the control of the licensee. (Pen. Code, § 26890, subd. (c).)
   
10. States that specified storage requirements do not apply to a licensee organized as a nonprofit public benefit corporation, if both of the following conditions are satisfied:
    
    1. The nonprofit public benefit or mutual benefit corporation obtained the dealer s license solely and exclusively to assist that corporation or local chapters of that corporation in conducting auctions or similar events at which firearms are auctioned off to fund the activities of that corporation or the local chapters of the corporation; and,
       
    2. The firearms are not handguns. (Pen. Code, § 26890, subd. (d).)
       
11. Requires all licensed firearms dealers to store in a secure facility all firearms manufactured and all barrels for firearms manufactured. (Pen. Code, § 29140.)
    
12. Defines a "secure facility" to mean that the facility satisfies all of the following:
    
    1. The facility is equipped with a burglar alarm with central monitoring;
    2. All perimeter entries to areas in which firearms are stored other than doors, including windows and skylights, are secured with steel window guards or an audible, silent, or sonic alarm to detect entry; and
       
    3. All perimeter doorways are designed in one of the following ways:
       1. A windowless steel security door equipped with both a deadbolt and a doorknob lock;
       2. A windowed metal door equipped with both a deadbolt and a doorknob lock. If the window has an opening of five inches or more measured in any direction, the window is covered with steel bars of at least one-half inch diameter or metal grating of at least nine gauge affixed to the exterior or interior of the door;
          
       3. A metal grate that is padlocked and affixed to the licensees premises independent of the door and doorframe;
          
       4. Hinges and hasps installed so that they cannot be removed when the doors are closed and locked;
          
       5. Heating, ventilating, air conditioning, and service openings are secured with steel bars, metal grating, or an alarm system;
          
       6. No perimeter metal grates are capable of being entered by any person;
          
       7. Steel bars used to satisfy security requirements are not capable of being entered by any person;
       8. Perimeter walls of rooms in which firearms are stored are constructed of concrete or at least 10-gauge expanded steel wire mesh utilized along with typical wood frame and drywall construction. If firearms are not stored in a vault, the facility shall use an exterior security-type door along with a high security, single-key deadbolt, or other door that is more secure. All firearms shall be stored in a separate room away from any general living area or work area. Any door to the storage facility shall be locked while unattended.
          
       9. Perimeter doorways, including the loading dock area, are locked at all times when not attended by paid employees or contracted employees, including security guards; and,
          
       10. Except when a firearm is currently being tested, any ammunition on the premises is removed from all manufactured guns and stored in a separate and locked room, cabinet, or box away from the storage area for the firearms. Ammunition may be stored with a weapon only in a locked safe. (Pen. Code, § 29141.)

This bill:

1. Provides that anytime a firearm licensee is not open for business, each particular firearm shall be stored in secure facility by one of the following methods, except as specified:
   1. Secured with a hardened steel rod or cable of at least one-eighth inch in diameter through the trigger guard of the firearm. The steel rod or cable shall be secured with a hardened steel lock that has a shackle. The lock and shackle shall be protected or shielded from the use of a bolt cutter and the rod or cable shall be anchored in a manner that prevents the removal of the firearm from the premises;
   2. Stored in a locked fireproof safe or vault that meet the minimum safety standards developed by the Attorney General (AG) for gun safes, as specified;
   3. Stored in a firearms display case that is made with a steel frame that is no thinner than 12 gauge, and is fitted with a hardened steel lock where the case opens to access the firearm and complies with one of the following:
      1. The display case is fitted with smash-proof poly carbonate panels that are at least one-quarter inch thick; and,
      2. The display case is fitted with glass that is protected with a security or protective laminate film that is specifically designed to delay entry and unauthorized access, with a minimum thickness of at least 8 mils, and that includes an anchoring system on all seams of each glass panel and is also anchored to the frame;
   4. Stored in a windowless room equipped with a steel security door fitted with a deadbolt lock, and that does not have a door exposed to the outside of the building; or
   5. Stored behind a steel roll-down door or security gate, or in a locked steel gun rack by use of a hardened steel bar.
2. Requires a licensed firearms dealer, if the licensee's location is at street level, and firearms are secured by means of a hardened steel rod or cable, to install, or cause to be installed, concrete or hardened steel bollards, or other barriers, such as security planters or other devices with a similar structural integrity of bollards, to protect the location's front entrance, any floor to ceiling windows, and any other doors that can be breached by a vehicle. The bollards shall meet the following requirements:
   1. Be no less than four inches in diameter and 36 inches in height from the ground;
   2. Be spaced so as not to obstruct access so as not to obstruct accessible routes or accessible means of egress in compliance with the Americans with Disabilities Act; and
   3. Be capable of stopping a 5,000-pound vehicle travelling at 30 miles per hour, in compliance with specified testing standards.
3. Provides that the above provisions related to security barriers shall not apply to elevated loading docks, or to a licensee that is unable to comply due to local ordinances, covenants, lease conditions, or similar conditions not under the control of the licensee.
4. States that bollards installed prior to September 1, 2017, shall be considered compliant if they are composed of concrete or hardened steel and do not obstruct accessible routes or accessible means of egress in compliance with the Americans with Disabilities Act, and have clear width of not less than 36 inches but no more than 60 inches.
5. Provides that unless a licensee complies with the above interior and exterior security requirements, the licensee shall install locking steel roll-down doors on any perimeter doors and floor to ceiling windows. Emergency exits are exempt from the requirement where installation would be in violation of state or local fire code.
6. Delays implementation of the above firearm licensee security requirement until July 1, 2018.

Background

Current law requires that any time when the firearms licensee is not open for business, all inventory firearms must be stored in the licensed location. All firearms must be secured using one of three specified methods as to each particular firearm.

SB 464 updates the current security standards for gun stores. The author believes the current standards are too lax and in some cases make it easy for burglars to get away with weapons. In 2016, hundreds of guns were stolen from guns stores in the cities of San Carlos, Folsom, Sunnyvale, Ceres, Petaluma, Ventura, Elk Grove, Rocklin, Grass Valley, and El Cerrito. In most of the burglaries, thieves used a vehicle as a battering ram to smash into the gun store. Several of the stores left the guns in their glass display cases, making them easily accessible to the robbers.

According to the author, “Stolen guns often make their way into the hands of criminals. As an example, according to an NBC Bay Area report, which analyzed 70,000 lost or stolen guns between 2010 and 2015, 2,655 of the guns were connected to a crime. Further, stolen guns are unlikely to be found or recovered. According to a federal Department of Justice analysis of firearms stolen during household burglaries, no more than 20% are recovered within 6 months of being stolen."

FISCAL EFFECT: Appropriation: Fiscal Com.: Local:

According to the Assembly Appropriations Committee there is no fiscal impact on state agencies.

SUPPORT: (Verified 10/23/17)

Law Center to Prevent Gun Violence

OPPOSITION: (Verified 10/23/17)

California Rifle and Pistol Association

California Sportsman’s Lobby

California Waterfowl

Firearms Policy Coalition

Gun Owners of California

National Rifle Association

National Shooting Sports Foundation

Outdoor Sportsmen’s Coalition of California

Safari Club International

GOVERNOR'S VETO MESSAGE:

I am returning Senate Bill 464 without my signature.

This bill would require additional security enhancements on the premises of all licensed firearms dealers in California.

State law already requires that firearms dealers enact security measures to avoid theft. Local jurisdictions can-and have-gone further by adding additional specific requirements. I believe local authorities are in the best position to determine what, if any additional measures are needed in their jurisdictions.

ASSEMBLY FLOOR: 46-27, 8/24/17

AYES: Baker, Berman, Bloom, Bocanegra, Bonta, Burke, Calderon, Chau, Chiu, Chu, Cooper, Dababneh, Daly, Eggman, Friedman, Cristina Garcia, Eduardo Garcia, Gipson, Gloria, Gonzalez Fletcher, Gray, Holden, Irwin, Jones-Sawyer, Kalra, Levine, Limón, Low, McCarty, Medina, Mullin, Muratsuchi, Nazarian, O'Donnell, Quirk, Quirk-Silva, Reyes, Ridley-Thomas, Rodriguez, Salas, Santiago, Mark Stone, Thurmond, Ting, Weber, Rendon

NOES: Acosta, Arambula, Bigelow, Brough, Cervantes, Chávez, Chen, Choi, Cooley, Cunningham, Dahle, Flora, Fong, Frazier, Gallagher, Grayson, Harper, Kiley, Lackey, Mathis, Mayes, Melendez, Obernolte, Patterson, Steinorth, Voepel, Waldron

NO VOTE RECORDED: Aguiar-Curry, Travis Allen, Caballero, Maienschein, Rubio, Wood

Prepared by:

1/2/18 10:09:53

**** END ****

 UNFINISHED BUSINESS  

Bill No: SB 464

Author: Hill (D), et al.

Amended: 7/10/17

Vote: 21

SENATE PUBLIC SAFETY COMMITTEE: 5-2, 3/21/17

AYES: Skinner, Bradford, Jackson, Mitchell, Wiener

NOES: Anderson, Stone

SENATE APPROPRIATIONS COMMITTEE: 5-2, 5/25/17

AYES: Lara, Beall, Bradford, Hill, Wiener

NOES: Bates, Nielsen

SENATE FLOOR: 25-14, 5/31/17

AYES: Allen, Atkins, Beall, Bradford, De León, Dodd, Galgiani, Glazer, Hernandez, Hertzberg, Hill, Hueso, Jackson, Lara, Leyva, McGuire, Mendoza, Mitchell, Monning, Pan, Portantino, Skinner, Stern, Wieckowski, Wiener

NOES: Anderson, Bates, Berryhill, Cannella, Fuller, Gaines, Moorlach, Morrell, Newman, Nguyen, Nielsen, Stone, Vidak, Wilk

NO VOTE RECORDED: Roth

ASSEMBLY FLOOR: 46-27, 8/24/17 - See last page for vote

SUBJECT: Firearms dealers: storage and security

SOURCE: Author

DIGEST:

This bill enhances the security requirements placed on the premises where a licensed firearms dealer conducts his or her business.

Assembly Amendments

expand the security options available to retailers from two to eight options. Additionally, the amendments delay implementation of the new requirements until July 1, 2019.

ANALYSIS:

Existing law:

1. States that, in general and subject to exceptions, the business of a firearms licensee shall be conducted only in the buildings designated by the business license. (Pen. Code, § 26805, subd. (a).)
2. Provides that a licensed firearms dealer may take possession of firearms and commence preparation of registers for the sale, delivery, or transfer of firearms at any gun show or event if the gun show or event is not conducted from any motorized or towed vehicle. A person conducting business shall be entitled to conduct business as authorized at any gun show or event in the state, without regard to the jurisdiction within this state that issued the license provided the person complies with all applicable laws, including, but not limited to, the waiting period specified, and all applicable local laws, regulations, and fees, if any. (Pen. Code, § 26805, subd. (b)(1).)
3. Allows a licensed firearms dealer to engage in the sale and transfer of firearms other than handguns, at specified events, subject to the prohibitions and restrictions contained in those sections. (Pen. Code, § 26805, subd. (c)(1).)
4. Provides a licensed firearms dealer may also accept delivery of firearms other than handguns, outside the building designated in the license, provided the firearm is being donated for the purpose of sale or transfer at an auction or similar event specified. (Pen. Code, § 26805, subd. (c)(2).)
5. Authorizes a licensed firearms dealer to deliver a firearm to a purchaser, transferee, or person being loaned the firearm at one of the following places:
   1. The building designated in the license;
   2. The places specified as express exemptions; and
   3. The place of residence of, the fixed place of business of, or on private property owned or lawfully possessed by, the purchaser, transferee, or person being loaned the firearm. (Pen. Code § 26805, subd. (d).)
6. Provides that a licensed firearms dealer conducting a firearms business shall publicly display that person's license issued, or a facsimile thereof, at any gun show or event, as specified. (Pen. Code § 26805, subd. (b)(2).)
7. Requires that any time when the licensee is not open for business, all inventory firearms must be stored in the licensed location. All firearms must be secured using one of the following methods as to each particular firearm:
   1. Store the firearm in a secure facility that is a part of, or that constitutes, the licensees business premises;
   2. Secure the firearm with a hardened steel rod or cable of at least one-eighth inch in diameter through the trigger guard of the firearm. The steel rod or cable shall be secured with a hardened steel lock that has a shackle. The lock and shackle shall be protected or shielded from the use of a boltcutter and the rod or cable shall be anchored in a manner that prevents the removal of the firearm from the premises; or,
   3. Store the firearm in a locked fireproof safe or vault in the licensee's business premises. (Pen. Code, § 26890, subd. (a).)
8. States that the licensing authority in an unincorporated area of a county or within a city may impose security requirements that are more strict or are at a higher standard than those that are required under state law. (Pen. Code, §26890, subd. (b).)
9. Provides that upon written request from a licensee, the licensing authority may grant an exemption from compliance with storage requirements if the licensee is unable to comply with those requirements because of local ordinances, covenants, lease conditions, or similar circumstances not under the control of the licensee. (Pen. Code, § 26890, subd. (c).)
10. States that specified storage requirements do not apply to a licensee organized as a nonprofit public benefit corporation, if both of the following conditions are satisfied:
    1. The nonprofit public benefit or mutual benefit corporation obtained the dealer’s license solely and exclusively to assist that corporation or local chapters of that corporation in conducting auctions or similar events at which firearms are auctioned off to fund the activities of that corporation or the local chapters of the corporation; and,
    2. The firearms are not handguns. (Pen. Code, § 26890, subd. (d).)
11. Requires all licensed firearms dealers to store in a secure facility all firearms manufactured and all barrels for firearms manufactured. (Pen. Code, § 29140.)
12. Defines a "secure facility" to mean that the facility satisfies all of the following:
    1. The facility is equipped with a burglar alarm with central monitoring;
    2. All perimeter entries to areas in which firearms are stored other than doors, including windows and skylights, are secured with steel window guards or an audible, silent, or sonic alarm to detect entry; and
    3. All perimeter doorways are designed in one of the following ways:
       1. A windowless steel security door equipped with both a deadbolt and a doorknob lock;
       2. A windowed metal door equipped with both a deadbolt and a doorknob lock. If the window has an opening of five inches or more measured in any direction, the window is covered with steel bars of at least one-half inch diameter or metal grating of at least nine gauge affixed to the exterior or interior of the door;
       3. A metal grate that is padlocked and affixed to the licensees premises independent of the door and doorframe;
       4. Hinges and hasps installed so that they cannot be removed when the doors are closed and locked;
       5. Heating, ventilating, air conditioning, and service openings are secured with steel bars, metal grating, or an alarm system;
       6. No perimeter metal grates are capable of being entered by any person;
       7. Steel bars used to satisfy security requirements are not capable of being entered by any person;
       8. Perimeter walls of rooms in which firearms are stored are constructed of concrete or at least 10-gauge expanded steel wire mesh utilized along with typical wood frame and drywall construction. If firearms are not stored in a vault, the facility shall use an exterior security-type door along with a high security, single-key deadbolt, or other door that is more secure. All firearms shall be stored in a separate room away from any general living area or work area. Any door to the storage facility shall be locked while unattended;
       9. Perimeter doorways, including the loading dock area, are locked at all times when not attended by paid employees or contracted employees, including security guards; and,
       10. Except when a firearm is currently being tested, any ammunition on the premises is removed from all manufactured guns and stored in a separate and locked room, cabinet, or box away from the storage area for the firearms. Ammunition may be stored with a weapon only in a locked safe. (Pen. Code, § 29141.)

This bill:

1. Provides that anytime a firearm licensee is not open for business, each particular firearm shall be stored in secure facility by one of the following methods, except as specified:
   1. Secured with a hardened steel rod or cable of at least one-eighth inch in diameter through the trigger guard of the firearm. The steel rod or cable shall be secured with a hardened steel lock that has a shackle. The lock and shackle shall be protected or shielded from the use of a bolt cutter and the rod or cable shall be anchored in a manner that prevents the removal of the firearm from the premises;
   2. Stored in a locked fireproof safe or vault that meet the minimum safety standards developed by the Attorney General for gun safes, as specified;
   3. Stored in a firearms display case that is made with a steel frame that is no thinner than 12 gauge, and is fitted with a hardened steel lock where the case opens to access the firearm and complies with one of the following:
      1. The display case is fitted with smash-proof poly carbonate panels that are at least one-quarter inch thick; and,
      2. The display case is fitted with glass that is protected with a security or protective laminate film that is specifically designed to delay entry and unauthorized access, with a minimum thickness of at least 8 mils, and that includes an anchoring system on all seams of each glass panel and is also anchored to the frame;
   4. Stored in a windowless room equipped with a steel security door fitted with a deadbolt lock, and that does not have a door exposed to the outside of the building; or
   5. Stored behind a steel roll-down door or security gate, or in a locked steel gun rack by use of a hardened steel bar.
2. Requires a licensed firearms dealer, if the licensee's location is at street level, and firearms are secured by means of a hardened steel rod or cable, to install, or cause to be installed, concrete or hardened steel bollards, or other barriers, such as security planters or other devices with a similar structural integrity of bollards, to protect the location's front entrance, any floor to ceiling windows, and any other doors that can be breached by a vehicle. The bollards shall meet the following requirements:
   1. Be no less than four inches in diameter and 36 inches in height from the ground;
   2. Be spaced so as not to obstruct access to accessible routes or accessible means of egress in compliance with the Americans with Disabilities Act; and
   3. Be capable of stopping a 5,000-pound vehicle travelling at 30 miles per hour, in compliance with specified testing standards.
3. Provides that the above provisions related to security barriers shall not apply to elevated loading docks, or to a licensee that is unable to comply due to local ordinances, covenants, lease conditions, or similar conditions not under the control of the licensee.
4. States that bollards installed prior to September 1, 2017, shall be considered compliant if they are composed of concrete or hardened steel and do not obstruct accessible routes or accessible means of egress in compliance with the Americans with Disabilities Act, and have clear width of not less than 36 inches but no more than 60 inches.
5. Provides that unless a licensee complies with the above interior and exterior security requirements, the licensee shall install locking steel roll-down doors on any perimeter doors and floor to ceiling windows. Emergency exits are exempt from the requirement where installation would be in violation of state or local fire code.
6. Delays implementation of the above firearm licensee security requirement until July 1, 2018.

Background

Current law requires that any time when the firearms licensee is not open for business, all inventory firearms must be stored in the licensed location. All firearms must be secured using one of three specified methods as to each particular firearm.

SB 464 updates the current security standards for gun stores. The author believes the current standards are too lax and in some cases make it easy for burglars to get away with weapons. In 2016, hundreds of guns were stolen from guns stores in the cities of San Carlos, Folsom, Sunnyvale, Ceres, Petaluma, Ventura, Elk Grove, Rocklin, Grass Valley, and El Cerrito. In most of the burglaries, thieves used a vehicle as a battering ram to smash into the gun store. Several of the stores left the guns in their glass display cases, making them easily accessible to the robbers.

According to the author, “Stolen guns often make their way into the hands of criminals. As an example, according to an NBC Bay Area report, which analyzed 70,000 lost or stolen guns between 2010 and 2015, 2,655 of the guns were connected to a crime. Further, stolen guns are unlikely to be found or recovered. According to a federal Department of Justice analysis of firearms stolen during household burglaries, no more than 20% are recovered within 6 months of being stolen.”

FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: No

According to the Assembly Appropriations Committee there is no fiscal impact on state agencies.

SUPPORT: (Verified 8/25/17)

Law Center to Prevent Gun Violence

OPPOSITION: (Verified 8/25/17)

California Rifle and Pistol Association

California Sportsman’s Lobby

California Waterfowl

Firearms Policy Coalition

Gun Owners of California

National Rifle Association

National Shooting Sports Foundation

Outdoor Sportsmen’s Coalition of California

Safari Club International

ASSEMBLY FLOOR: 46-27, 8/24/17

AYES: Baker, Berman, Bloom, Bocanegra, Bonta, Burke, Calderon, Chau, Chiu, Chu, Cooper, Dababneh, Daly, Eggman, Friedman, Cristina Garcia, Eduardo Garcia, Gipson, Gloria, Gonzalez Fletcher, Gray, Holden, Irwin, Jones-Sawyer, Kalra, Levine, Limón, Low, McCarty, Medina, Mullin, Muratsuchi, Nazarian, O'Donnell, Quirk, Quirk-Silva, Reyes, Ridley-Thomas, Rodriguez, Salas, Santiago, Mark Stone, Thurmond, Ting, Weber, Rendon

NOES: Acosta, Arambula, Bigelow, Brough, Cervantes, Chávez, Chen, Choi, Cooley, Cunningham, Dahle, Flora, Fong, Frazier, Gallagher, Grayson, Harper, Kiley, Lackey, Mathis, Mayes, Melendez, Obernolte, Patterson, Steinorth, Voepel, Waldron

NO VOTE RECORDED: Aguiar-Curry, Travis Allen, Caballero, Maienschein, Rubio, Wood

Prepared by: Gabriel Caswell / PUB. S. /

8/25/17 11:36:27

**** END ****

SENATE THIRD READING

STR Bill Id:SB 464

Author:(Hill)

As Amended Ver:July 10, 2017

Majority vote

SENATE VOTE: 25-14

SUMMARY: Enhances the security requirements placed on the premises where a licensed firearms dealer conducts his or her business. Specifically, this bill:

1. Provides that anytime a firearm licensee is not open for business, each particular firearm shall be stored in secure facility by one of the following methods, except as specified:
   1. Secured with a hardened steel rod or cable of at least one-eighth inch in diameter through the trigger guard of the firearm. The steel rod or cable shall be secured with a hardened steel lock that has a shackle. The lock and shackle shall be protected or shielded from the use of a bolt cutter and the rod or cable shall be anchored in a manner that prevents the removal of the firearm from the premises;
   2. Stored in a locked fireproof safe or vault that meet the minimum safety standards developed by the Attorney General (AG) for gun safes, as specified;
   3. Stored in a firearms display case that is made with a steel frame that is no thinner than 12 gauge, and is fitted with a hardened steel lock where the case opens to access the firearm and complies with one of the following:
      1. The display case is fitted with smash-proof poly carbonate panels that are at least one-quarter inch thick; and,
      2. The display case is fitted with glass that is protected with a security or protective laminate film that is specifically designed to delay entry and unauthorized access, with a minimum thickness of at least 8 mils, and that includes an anchoring system on all seams of each glass panel and is also anchored to the frame;
   4. Stored in a windowless room equipped with a steel security door fitted with a deadbolt lock, and that does not have a door exposed to the outside of the building; or
   5. Stored behind a steel roll-down door or security gate, or in a locked steel gun rack by use of a hardened steel bar.
2. Requires a licensed firearms dealer, if the licensee's location is at street level, and firearms are secured by means of a hardened steel rod or cable, to install, or cause to be installed, concrete or hardened steel bollards, or other barriers, such as security planters or other devices with a similar structural integrity of bollards, to protect the location's front entrance, any floor to ceiling windows, and any other doors that can be breached by a vehicle. The bollards shall meet the following requirements:
   1. Be no less than four inches in diameter and 36 inches in height from the ground;
   2. Be spaced so as not to obstruct access so as not to obstruct accessible routes or accessible means of egress in compliance with the Americans with Disabilities Act; and
   3. Be capable of stopping a 5,000-pound vehicle travelling at 30 miles per hour, in compliance with specified testing standards.
3. Provides that the above provisions related to security barriers shall not apply to elevated loading docks, or to a licensee that is unable to comply due to local ordinances, covenants, lease conditions, or similar conditions not under the control of the licensee.
4. States that bollards installed prior to September 1, 2017, shall be considered compliant if they are composed of concrete or hardened steel and do not obstruct accessible routes or accessible means of egress in compliance with the Americans with Disabilities Act, and have clear width of not less than 36 inches but no more than 60 inches.
5. Provides that unless a licensee complies with the above interior and exterior security requirements, the licensee shall install locking steel roll-down doors on any perimeter doors and floor to ceiling windows. Emergency exits are exempt from the requirement where installation would be in violation of state or local fire code.
6. Delays implementation of the above firearm licensee security requirement until July 1, 2018.

EXISTING LAW:

1. States that, in general and subject to exceptions, the business of a firearms licensee shall be conducted only in the buildings designated by the business license.
2. Provides that a licensed firearms dealer may take possession of firearms and commence preparation of registers for the sale, delivery, or transfer of firearms at any gun show or event if the gun show or event is not conducted from any motorized or towed vehicle. A person conducting business shall be entitled to conduct business as authorized at any gun show or event in the state, without regard to the jurisdiction within this state that issued the license provided the person complies with all applicable laws, including, but not limited to, the waiting period specified, and all applicable local laws, regulations, and fees, if any.
3. Allows a licensed firearms dealer to engage in the sale and transfer of firearms other than handguns, at specified events, subject to the prohibitions and restrictions contained in those sections.
4. Provides a licensed firearms dealer may also accept delivery of firearms other than handguns, outside the building designated in the license, provided the firearm is being donated for the purpose of sale or transfer at an auction or similar event specified.
5. Authorizes a licensed firearms dealer to deliver a firearm to a purchaser, transferee, or person being loaned the firearm at one of the following places:
   1. The building designated in the license;
   2. The places specified as express exemptions; and
   3. The place of residence of, the fixed place of business of, or on private property owned or lawfully possessed by, the purchaser, transferee, or person being loaned the firearm.
6. Provides that a licensed firearms dealer conducting a firearms business shall publicly display that person's license issued, or a facsimile thereof, at any gun show or event, as specified.
7. Requires that any time when the licensee is not open for business, all inventory firearms must be stored in the licensed location. All firearms must be secured using one of the following methods as to each particular firearm:
   1. Store the firearm in a secure facility that is a part of, or that constitutes, the licensees business premises;
   2. Secure the firearm with a hardened steel rod or cable of at least one-eighth inch in diameter through the trigger guard of the firearm. The steel rod or cable shall be secured with a hardened steel lock that has a shackle. The lock and shackle shall be protected or shielded from the use of a boltcutter and the rod or cable shall be anchored in a manner that prevents the removal of the firearm from the premises; or,
   3. Store the firearm in a locked fireproof safe or vault in the licensee's business premises.
8. States that the licensing authority in an unincorporated area of a county or within a city may impose security requirements that are more strict or are at a higher standard than those that are required under state law.
9. Provides that upon written request from a licensee, the licensing authority may grant an exemption from compliance with storage requirements if the licensee is unable to comply with those requirements because of local ordinances, covenants, lease conditions, or similar circumstances not under the control of the licensee.
10. States that specified storage requirements do not apply to a licensee organized as a nonprofit public benefit corporation, if both of the following conditions are satisfied:
    1. The nonprofit public benefit or mutual benefit corporation obtained the dealer s license solely and exclusively to assist that corporation or local chapters of that corporation in conducting auctions or similar events at which firearms are auctioned off to fund the activities of that corporation or the local chapters of the corporation; and,
    2. The firearms are not handguns.
11. Requires all licensed firearms dealers to store in a secure facility all firearms manufactured and all barrels for firearms manufactured.
12. Defines a "secure facility" to mean that the facility satisfies all of the following:
    1. The facility is equipped with a burglar alarm with central monitoring;
    2. All perimeter entries to areas in which firearms are stored other than doors, including windows and skylights, are secured with steel window guards or an audible, silent, or sonic alarm to detect entry; and
    3. All perimeter doorways are designed in one of the following ways:
       1. A windowless steel security door equipped with both a deadbolt and a doorknob lock;
       2. A windowed metal door equipped with both a deadbolt and a doorknob lock. If the window has an opening of five inches or more measured in any direction, the window is covered with steel bars of at least one-half inch diameter or metal grating of at least 9 gauge affixed to the exterior or interior of the door;
       3. A metal grate that is padlocked and affixed to the licensees premises independent of the door and doorframe;
       4. Hinges and hasps installed so that they cannot be removed when the doors are closed and locked;
       5. Heating, ventilating, air conditioning, and service openings are secured with steel bars, metal grating, or an alarm system;
       6. No perimeter metal grates are capable of being entered by any person;
       7. Steel bars used to satisfy security requirements are not capable of being entered by any person;
       8. Perimeter walls of rooms in which firearms are stored are constructed of concrete or at least 10-gauge expanded steel wire mesh utilized along with typical wood frame and drywall construction. If firearms are not stored in a vault, the facility shall use an exterior security-type door along with a high security, single-key deadbolt, or other door that is more secure. All firearms shall be stored in a separate room away from any general living area or work area. Any door to the storage facility shall be locked while unattended.
       9. Perimeter doorways, including the loading dock area, are locked at all times when not attended by paid employees or contracted employees, including security guards; and,
       10. Except when a firearm is currently being tested, any ammunition on the premises is removed from all manufactured guns and stored in a separate and locked room, cabinet, or box away from the storage area for the firearms. Ammunition may be stored with a weapon only in a locked safe.

FISCAL EFFECT: According to the Assembly Appropriations Committee, no fiscal impact on state agencies.

COMMENTS: According to the author, "SB 464 updates the current security standards for gun stores, which are too lax and in some cases make it easy for burglars to get away with weapons. In a series of robberies during 2016, hundreds of guns were stolen from guns stores in the cities of San Carlos, Folsom, Sunnyvale, Ceres, Petaluma, Ventura, Elk Grove, Rocklin, Grass Valley, and El Cerrito. In most of the burglaries, thieves used a vehicle as a battering ram to smash into the gun store. Several of the stores left the guns in their glass display cases, making them easily accessible to the robbers.

"Data from the federal Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) show that between 2012 and 2016 at least 1,487 guns were reported as stolen from federally licensed gun dealers in the state. In California and across the nation, ATF data also show that gun story robberies are becoming an increasing occurrence. For example, the number of gun store robberies/burglaries in California doubled from 2015 (17 robberies/burglaries) to 2016 (32 robberies/burglaries). Nationwide, burglaries of gun stores increased 48% between 2012 and 2016, with an almost 73% increase in the number of guns stolen.

"Stolen guns often make their way into the hands of criminals. As an example, according to an NBC Bay Area report, which analyzed 70,000 lost or stolen guns between 2010 and 2015, 2,655 of the guns were connected to a crime. Further, stolen guns are unlikely to be found or recovered. According to a federal Department of Justice analysis of firearms stolen during household burglaries, no more than 20% are recovered within 6 months of being stolen."

Analysis Prepared by: Gregory Pagan / PUB. S. / (916) 319-3744 FN: 0001237

Date of Hearing: July 19, 2017

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Lorena Gonzalez Fletcher, Chair

SBPCA Bill Id:SB 464

Author:(Hill) – As Amended Ver:July 10, 2017

Urgency: No State Mandated Local Program: No Reimbursable: No

SUMMARY:

This bill enhances the security requirements placed on the premises where a licensed firearms dealer conducts his or her business. Specifically, this bill, effective July 1, 2018:

1. Provides, with a few exceptions, that anytime a firearm licensee is not open for business, each particular firearm must be stored in secure facility by one of the five enhanced specified methods.
2. Requires a licensed firearms dealer, if the licensee's location is at street level, and firearms are secured by means of a hardened steel rod or cable, to install, or cause to be installed, concrete or hardened steel bollards, or other barriers, to protect the location's front entrance, any floor to ceiling windows, and any other doors that can be breached by a vehicle.

FISCAL EFFECT:

No fiscal impact on state agencies.

COMMENTS:

1. Purpose and Background. Current law requires that any time when the firearms licensee is not open for business, all inventory firearms must be stored in the licensed location. All firearms must be secured using one of three specified methods as to each particular firearm.

SB 464 updates the current security standards for gun stores. The author believes the current standards are too lax and in some cases make it easy for burglars to get away with weapons. In 2016, hundreds of guns were stolen from guns stores in the cities of San Carlos, Folsom, Sunnyvale, Ceres, Petaluma, Ventura, Elk Grove, Rocklin, Grass Valley, and El Cerrito. In most of the burglaries, thieves used a vehicle as a battering ram to smash into the gun store. Several of the stores left the guns in their glass display cases, making them easily accessible to the robbers.

According to the author, “Stolen guns often make their way into the hands of criminals. As an example, according to an NBC Bay Area report, which analyzed 70,000 lost or stolen guns between 2010 and 2015, 2,655 of the guns were connected to a crime. Further, stolen guns are unlikely to be found or recovered. According to a federal Department of Justice analysis of firearms stolen during household burglaries, no more than 20% are recovered within 6 months of being stolen."

1. Support. In support, the American Academy of Pediatrics (AAP), points out that current method of storing firearms has proven to be insufficient to deter determined thieves. In 2016, hundreds of guns were stolen from dealers throughout northern California by criminals who used motor vehicles as battering rams to break into gun dealerships. In those dealerships where guns were left in their display cases overnight, the firearms were easily stolen. SB 464 will reduce the flow of stolen guns.
2. Opposition. According to Big 5 Sporting Goods, “The proposed new requirements, as drafted, would impose tens of thousands of dollars in concrete, steel, and hardscape work and tens of thousands of dollars in security retrofits per store location. The requirement to store firearms in fireproof safes would additionally impose tens of thousands of dollars of expense per store location.” Big 5 believes SB 464 will have unnecessary and detrimental financial impact on it with little to no increased security benefit to the public.

Analysis Prepared by: Pedro Reyes / APPR. / (916) 319-2081

Date of Hearing: June 27, 2017

Chief Counsel: Gregory Pagan

ASSEMBLY COMMITTEE ON PUBLIC SAFETY

Reginald Byron Jones-Sawyer, Sr., Chair

SBPCA Bill Id:SB 464

Author:(Hill) – As Amended Ver:June 20, 2017

SUMMARY: Enhances the security requirements placed on the premises where a licensed firearms dealer conducts his or her business. Specifically, this bill:

1. Provides that anytime a firearm licensee is not open for business, each particular firearm shall be stored in secure facility by one of the following methods, except as specified:
   
   1. Secured with a hardened steel rod or cable of at least one-eighth inch in diameter through the trigger guard of the firearm. The steel rod or cable shall be secured with a hardened steel lock that has a shackle. The lock and shackle shall be protected or shielded from the use of a bolt cutter and the rod or cable shall be anchored in a manner that prevents the removal of the firearm from the premises;
      
   2. Stored in a locked fireproof safe or vault that meet the minimum safety standards developed by the Attorney General (AG) for gun safes, as specified;
      
   3. Stored in a firearms display case that is fitted with smash-proof polycarbonate panels that are at least one-quarter inch thick made with a steel frame that is no thinner than 12 gauge, and is fitted with a hardened steel lock where the case opens to access the firearm;
      
   4. Stored in a windowless room equipped with a steel security door fitted with a deadbolt lock, and that does not have a door exposed to the outside of the building; or
      
   5. Stored behind a steel roll-down door or security gate, or in a locked steel gun rack by use of a hardened steel bar.
      
2. Requires a licensed firearms dealer, if the licensee's location is at street level, and firearms are secured by means of a hardened steel rod or cable, to install, or cause to be installed, concrete or hardened steel bollards, or other barriers, such as security planters or other devices with a similar structural integrity of bollards, to protect the location's front entrance, any floor to ceiling windows, and any other doors that can be breached by a vehicle. The bollards shall meet the following requirements:
   1. Be no less than four inches in diameter and 36 inches in height from the ground;
      
   2. Be spaced so as not to obstruct access so as not to obstruct accessible routes or accessible means of egress in compliance with the Americans with Disabilities Act; and
      
   3. Be capable of stopping a 5,000-pound vehicle travelling at 30 miles per hour, in compliance with specified testing standards.
      
3. Provides that the above provisions related to security barriers shall not apply to elevated loading docks, or to a licensee that is unable to comply due to local ordinances, covenants, lease conditions, or similar conditions not under the control of the licensee.
   
4. States that bollards installed prior to September 1, 2017, shall be considered compliant if they are composed of concrete or hardened steel and do not obstruct accessible routes or accessible means of egress in compliance with the Americans with Disabilities Act, and have clear width of not less than 36 inches but no more than 60 inches.
   
5. Provides that unless a licensee complies with the above interior and exterior security requirements, the licensee shall install locking steel roll-down doors on any perimeter doors and floor to ceiling windows. Emergency exits are exempt from the requirement where installation would be in violation of state or local fire code.
   
6. Delays implementation of the above firearm licensee security requirement until July 1, 2018.

EXISTING LAW:

1. States that, in general and subject to exceptions, the business of a firearms licensee shall be conducted only in the buildings designated by the business license. (Pen. Code, § 26805, subd. (a).)
   
2. Provides that a licensed firearms dealer may take possession of firearms and commence preparation of registers for the sale, delivery, or transfer of firearms at any gun show or event if the gun show or event is not conducted from any motorized or towed vehicle. A person conducting business shall be entitled to conduct business as authorized at any gun show or event in the state, without regard to the jurisdiction within this state that issued the license provided the person complies with all applicable laws, including, but not limited to, the waiting period specified, and all applicable local laws, regulations, and fees, if any. (Pen. Code, § 26805, subd. (b)(1).)
3. Allows a licensed firearms dealer to engage in the sale and transfer of firearms other than handguns, at specified events, subject to the prohibitions and restrictions contained in those sections. (Pen. Code, § 26805, subd. (c)(1).)
4. Provides a licensed firearms dealer may also accept delivery of firearms other than handguns, outside the building designated in the license, provided the firearm is being donated for the purpose of sale or transfer at an auction or similar event specified. (Pen. Code, § 26805, subd. (c)(2).)
   
5. Authorizes a licensed firearms dealer to deliver a firearm to a purchaser, transferee, or person being loaned the firearm at one of the following places:
   
   1. The building designated in the license;
      
   2. The places specified as express exemptions; and
      
   3. The place of residence of, the fixed place of business of, or on private property owned or lawfully possessed by, the purchaser, transferee, or person being loaned the firearm. (Pen. Code § 26805, subd. (d).)
6. Provides that a licensed firearms dealer conducting a firearms business shall publicly display that person's license issued, or a facsimile thereof, at any gun show or event, as specified. (Pen. Code § 26805, subd. (b)(2).)
   
7. Requires that any time when the licensee is not open for business, all inventory firearms must be stored in the licensed location. All firearms must be secured using one of the following methods as to each particular firearm:
   
   1. Store the firearm in a secure facility that is a part of, or that constitutes, the licensees business premises;
      
   2. Secure the firearm with a hardened steel rod or cable of at least one-eighth inch in diameter through the trigger guard of the firearm. The steel rod or cable shall be secured with a hardened steel lock that has a shackle. The lock and shackle shall be protected or shielded from the use of a boltcutter and the rod or cable shall be anchored in a manner that prevents the removal of the firearm from the premises; or,
      
   3. Store the firearm in a locked fireproof safe or vault in the licensee's business premises. (Pen. Code, § 26890, subd. (a).)
      
8. States that the licensing authority in an unincorporated area of a county or within a city may impose security requirements that are more strict or are at a higher standard than those that are required under state law. (Pen. Code, §26890, subd. (b).)
   
9. Provides that upon written request from a licensee, the licensing authority may grant an exemption from compliance with storage requirements if the licensee is unable to comply with those requirements because of local ordinances, covenants, lease conditions, or similar circumstances not under the control of the licensee. (Pen. Code, § 26890, subd. (c).)
   
10. States that specified storage requirements do not apply to a licensee organized as a nonprofit public benefit corporation, if both of the following conditions are satisfied:
    
    1. The nonprofit public benefit or mutual benefit corporation obtained the dealer s license solely and exclusively to assist that corporation or local chapters of that corporation in conducting auctions or similar events at which firearms are auctioned off to fund the activities of that corporation or the local chapters of the corporation; and,
       
    2. The firearms are not handguns. (Pen. Code, § 26890, subd. (d).)
       
11. Requires all licensed firearms dealers to store in a secure facility all firearms manufactured and all barrels for firearms manufactured. (Pen. Code, § 29140.)
    
12. Defines a "secure facility" to mean that the facility satisfies all of the following:
    
    1. The facility is equipped with a burglar alarm with central monitoring;
    2. All perimeter entries to areas in which firearms are stored other than doors, including windows and skylights, are secured with steel window guards or an audible, silent, or sonic alarm to detect entry; and
       
    3. All perimeter doorways are designed in one of the following ways:
       1. A windowless steel security door equipped with both a deadbolt and a doorknob lock;
       2. A windowed metal door equipped with both a deadbolt and a doorknob lock. If the window has an opening of five inches or more measured in any direction, the window is covered with steel bars of at least one-half inch diameter or metal grating of at least nine gauge affixed to the exterior or interior of the door;
          
       3. A metal grate that is padlocked and affixed to the licensees premises independent of the door and doorframe;
          
       4. Hinges and hasps installed so that they cannot be removed when the doors are closed and locked;
          
       5. Heating, ventilating, air conditioning, and service openings are secured with steel bars, metal grating, or an alarm system;
          
       6. No perimeter metal grates are capable of being entered by any person;
          
       7. Steel bars used to satisfy security requirements are not capable of being entered by any person;
          
       8. Perimeter walls of rooms in which firearms are stored are constructed of concrete or at least 10-gauge expanded steel wire mesh utilized along with typical wood frame and drywall construction. If firearms are not stored in a vault, the facility shall use an exterior security-type door along with a high security, single-key deadbolt, or other door that is more secure. All firearms shall be stored in a separate room away from any general living area or work area. Any door to the storage facility shall be locked while unattended.
          
       9. Perimeter doorways, including the loading dock area, are locked at all times when not attended by paid employees or contracted employees, including security guards; and,
          
       10. Except when a firearm is currently being tested, any ammunition on the premises is removed from all manufactured guns and stored in a separate and locked room, cabinet, or box away from the storage area for the firearms. Ammunition may be stored with a weapon only in a locked safe. (Pen. Code, § 29141.)

FISCAL EFFECT: Unknown

COMMENTS:

1. Author's Statement: According to the author, "SB 464 updates the current security standards for gun stores, which are too lax and in some cases make it easy for burglars to get away with weapons. In a series of robberies during 2016, hundreds of guns were stolen from guns stores in the cities of San Carlos, Folsom, Sunnyvale, Ceres, Petaluma, Ventura, Elk Grove, Rocklin, Grass Valley, and El Cerrito. In most of the burglaries, thieves used a vehicle as a battering ram to smash into the gun store. Several of the stores left the guns in their glass display cases, making them easily accessible to the robbers.

"Data from the federal Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) show that between 2012 and 2016 at least 1,487 guns were reported as stolen from federally licensed gun dealers in the state. In California and across the nation, ATF data also show that gun story robberies are becoming an increasing occurrence. For example, the number of gun store robberies/burglaries in California doubled from 2015 (17 robberies/burglaries) to 2016 (32 robberies/burglaries). Nationwide, burglaries of gun stores increased 48% between 2012 and 2016, with an almost 73% increase in the number of guns stolen.

"Stolen guns often make their way into the hands of criminals. As an example, according to an NBC Bay Area report, which analyzed 70,000 lost or stolen guns between 2010 and 2015, 2,655 of the guns were connected to a crime. Further, stolen guns are unlikely to be found or recovered. According to a federal Department of Justice analysis of firearms stolen during household burglaries, no more than 20% are recovered within 6 months of being stolen."

1. Argument in Support: According to the American Academy of Pediatrics (AAP), "AAP policy states that to ensure the safety of children, 'pediatricians should continue to advocate for the strongest possible legislative and regulatory approaches to prevent firearms injuries and deaths.' This includes preventing firearm theft, which funnels untracked and unregistered weapons into the black market. Under current law firearms dealers must use only one of three safety mechanisms, but this has proven to be insufficient to deter determined thieves. In 2016, hundreds of guns were stolen from dealers throughout northern California by criminals who used motor vehicles as battering rams to break into gun dealerships. In those dealerships where guns were left in their display cases overnight, the firearms were easily stolen.
   
   "SB 464 would end these sorts of thefts and reduce the flow of guns into the black market by making it more difficult for thieves to break into gun dealerships and steal firearms. This stands to have a profound effect on the health and well-being of all California children who live in communities affected by gun violence."
   
2. Argument in Opposition: According to Big 5 Sporting Goods, "The Company takes its obligations as a long gun retailer seriously and works closely with government agencies at the federal, state, and local levels to ensure the conditions at Big 5’s stores meet or exceed legally required standards. In addition, Big 5 works hard not only to ensure its own compliance, but also foster compliance throughout the firearms industry. For example, Big 5 partnered with the federal Bureau of Alcohol, Tobacco, Firearms and Explosives (“ATF”) in developing ATF’s “Federal Firearms Licensee Quick Reference and Best Practices Guide” and regularly collaborates with ATF, the California Department of Justice, and other government agencies on employee training regarding the sale of firearms.
   
   “Because it takes regulatory obligations seriously, and shares the California Legislature’s and greater public’s concerns regarding preventing unlawful access to firearms, Big 5 has established security measures at each store location that effectively deter the theft of firearms. These measures are largely tailored to the store and location, and comply with existing regulations. California currently has some of the strictest facility security requirements in the United States under existing regulations and Big 5’s locations meet these requirements. Indeed, many of the Big 5 locations frequently exceed California’s requirements and the Company has additionally chosen to implement this heightened security at a number of tis stores in other states. Examples of Big 5’s existing security measures include metal firearm display racks secure with key-locks, security gates covering all external window areas, specially reinforced emergency exit and receiving doors, sufficient interior and exterior lighting, state-of-the-art digital video recording systems and state-of-the-art burglar alarm systems that are centrally monitored.
   “Additionally, Big 5 already has installed concrete bollards in the front of more than 75 stores in California, and had planned to install bollards at numerous additional store locations. However, the Company is considering postponing any additional bollard installations until the outcome of S.B. 464 is known, as it would be a waste of company time and resources to continue installations that might ultimately be deemed non-compliant under the final language of the bill or any resulting regulations.
   
   “Big 5 rarely takes any position on pending legislation. However, Big 5 could not ignore the significant costs that S.B. 464 would impose on more than 200 of its locations. The proposed new requirements, as drafted, would impose tens of thousands of dollars in concrete, steel, and hardscape work and tens of thousands of dollars in security retrofits per store location. The requirement to store firearms in fireproof safes would additionally impose tens of thousands of dollars of expense per store location. The short period allowed for coming into compliance with the new requirements would raise the costs significantly, and the quantity of locations involved, over 200, would make complete, time compliance almost impossible.
   
   “Moreover, based on the current language of the bill, we are unsure whether Big 5 would be required to remove and replace the existing bollards already installed at more than 75 of our store locations. As written, the bill could require Big 5 to undo its existing security measures (which are presently compliant and effective) and complete retrofits with minimal or no benefit to the public. During the requisite construction process, security over firearms inventory could suffer, as temporary measures would have to be introduced while current security measures are torn down or altered in order to be replaced with new measures. As Big 5 leases all of its store locations, the bill would also require Big 5 to obtain landlord permission to perform these revisions (which would come at additional expense to the Company), as well as comply with local codes regarding the appearance of the required exterior changes to its store locations. Failure to do any of this by the probably effective date of January 1, 2018, could result in a loss of the ability to sell firearms.
   
   “Big 5 believes that the requirements of S.B. 464, as written, would have unnecessary and detrimental financial impact on it with little to no increased security benefit to the public. Accordingly, it opposes the bill as written.

REGISTERED SUPPORT / OPPOSITION:

Support

Law Center to Prevent Gun Violence

American Academy of Pediatrics

Opposition

Big 5 Sporting Goods

California Sportsman's Lobby

Firearms Policy Coalition

Gun Owners of California

National Rifle Association

National Shooting Sports Foundation

Outdoor Sportsmen's Coalition of California

Safari Club International

Sportsman's Warehouse

Turner's Outdoorsman

Analysis Prepared by: Gregory Pagan / PUB. S. / (916) 319-3744

 THIRD READING  

Bill No: SB 464

Author:

:

Vote:

SENATE PUBLIC SAFETY COMMITTEE: 5-2, 3/21/17

AYES: Skinner, Bradford, Jackson, Mitchell, Wiener

NOES: Anderson, Stone

SENATE APPROPRIATIONS COMMITTEE: 5-2, 5/25/17

AYES: Lara, Beall, Bradford, Hill, Wiener

NOES: Bates, Nielsen

SUBJECT:

SOURCE: Author

DIGEST:

This bill strengthens the storage requirements placed on firearms retailers, as specified.

ANALYSIS:

Existing law:

1. Requires the business of a firearms licensee be conducted only in the buildings designated in the license, except for:
2. A licensed firearms dealer may take possession of firearms and commence preparation of registers for the sale, delivery, or transfer of firearms at any gun show or event, or its successor, if the gun show or event is not conducted from any motorized or towed vehicle. A person conducting business pursuant to this subdivision shall be entitled to conduct business as authorized herein at any gun show or event in the state, without regard to the jurisdiction within this state that issued the license, provided the person complies with all applicable laws, including, but not limited to, the waiting period, and all applicable local laws, regulations, and fees, if any. A person conducting business pursuant to this subdivision shall publicly display the person s license, or a facsimile thereof, at any gun show or event, as specified in this subdivision.
3. A licensed firearms dealer may engage in the sale and transfer of firearms other than handguns at specified events. A licensed firearms dealer may also accept delivery of firearms other than handguns, outside the building designated in the license, provided the firearm is being donated for the purpose of sale or transfer at an auction or similar event, as specified. (Penal Code § 26805.)
4. Requires, except as otherwise provided, that any time when the licensee is not open for business, all inventory firearms must be stored in the licensed location. All firearms must be secured using one of the following methods as to each particular firearm:
5. Store the firearm in a secure facility that is a part of, or that constitutes, the licensees business premises.
6. Secure the firearm with a hardened steel rod or cable of at least one-eighth inch in diameter through the trigger guard of the firearm. The steel rod or cable shall be secured with a hardened steel lock that has a shackle. The lock and shackle shall be protected or shielded from the use of a boltcutter and the rod or cable shall be anchored in a manner that prevents the removal of the firearm from the premises.
7. Store the firearm in a locked fireproof safe or vault in the licensee’s business premises. (Penal Code §26890(a))
8. States that the licensing authority in an unincorporated area of a county or within a city may impose security requirements that are more strict or are at a higher standard than those specified. (Penal Code §26890(b).)
9. States that upon written request from a licensee, the licensing authority may grant an exemption from compliance with the requirements storage requirements if the licensee is unable to comply with those requirements because of local ordinances, covenants, lease conditions, or similar circumstances not under the control of the licensee. (Penal Code §26890(c).)
10. Provides that specified storage requirements do not apply to a licensee organized as a nonprofit public benefit corporation, if both of the following conditions are satisfied:
11. The nonprofit public benefit or mutual benefit corporation obtained the dealer s license solely and exclusively to assist that corporation or local chapters of that corporation in conducting auctions or similar events at which firearms are auctioned off to fund the activities of that corporation or the local chapters of the corporation.
12. The firearms are not handguns. (Penal Code §26890(d).)
13. Provides a “secure facility” means that the facility satisfies all of the following:
14. The facility is equipped with a burglar alarm with central monitoring.
15. All perimeter entries to areas in which firearms are stored other than doors, including windows and skylights, are secured with steel window guards or an audible, silent, or sonic alarm to detect entry.
16. All perimeter doorways are designed in one of the following ways:
    • 1. A windowless steel security door equipped with both a deadbolt and a doorknob lock.
      2. A windowed metal door equipped with both a deadbolt and a doorknob lock. If the window has an opening of five inches or more measured in any direction, the window is covered with steel bars of at least one-half inch diameter or metal grating of at least nine gauge affixed to the exterior or interior of the door.
      3. A metal grate that is padlocked and affixed to the licensee's premises independent of the door and doorframe.
      4. Hinges and hasps attached to doors by welding, riveting, or bolting with nuts on the inside of the door.
      5. Hinges and hasps installed so that they cannot be removed when the doors are closed and locked.
17. Heating, ventilating, air-conditioning, and service openings are secured with steel bars, metal grating, or an alarm system.
18. No perimeter metal grates are capable of being entered by any person.
19. Steel bars used to satisfy the requirements of this section are not capable of being entered by any person.
20. Perimeter walls of rooms in which firearms are stored are constructed of concrete or at least 10-gauge expanded steel wire mesh utilized along with typical wood frame and drywall construction. If firearms are not stored in a vault, the facility shall use an exterior security-type door along with a high security, single-key deadbolt, or other door that is more secure. All firearms shall be stored in a separate room away from any general living area or work area. Any door to the storage facility shall be locked while unattended.
21. Perimeter doorways, including the loading dock area, are locked at all times when not attended by paid employees or contracted employees, including security guards.
22. Except when a firearm is currently being tested, any ammunition on the premises is removed from all manufactured guns and stored in a separate and locked room, cabinet, or box away from the storage area for the firearms. Ammunition may be stored with a weapon only in a locked safe. (Penal Code § 29141.)

This bill:

1. Requires that any time when the licensee is not open for business, all inventory firearms must be stored in the licensed location.  Each particular firearm must be secured by storing the firearm in a secure facility that is part of, or that constitutes, the licensee’s business premises. All firearms must also be secured using either of the following methods as to each particular firearm:
   1. Secure the firearm with a hardened steel rod or cable of at least one-eighth inch in diameter through the trigger guard of the firearm. The steel rod or cable must be secured with a hardened steel lock that has a shackle. The lock and shackle must be protected or shielded from the use of a boltcutter and the rod or cable must be anchored in a manner that prevents the removal of the firearm from the premises. 
   2. Store the firearm in a locked fireproof safe or vault in the licensee’s business premises.  The safe or vault shall meet the safety standards established by the Attorney General pursuant to Section 23650.
2. Provides that if the licensee secures the firearms by a steel rod or cable as described above, then the licensee shall install concrete or hardened steel pillars to protect the location’s front entrance, any floor to ceiling windows and any other doors that could be breached by a vehicle as described.

Background

There have been a number of firearms stolen from gun stores throughout California—many of these thefts are perpetrated by the offender driving a car through the front window of a firearm retailer to gain access to the store. For example:

When five juveniles used an SUV as a battering ram to slam through the front window and metal security gate of the Rocklin Armory gun shop on an early July morning, Walter Ford’s ultra-high-definition security cameras captured the entire incident in near perfect clarity. 

The burglars stream into the store and begin searching for the cache of weapons they expect to find. One disappears from view, then reappears carrying a rifle and runs out of the store. The other four, though, can’t find any weapons to steal. They quickly check the shelves, find nothing and run back through the smashed entrance. The entire incident takes less than two minutes.

The brazen burglary was one of five Sacramento-area gun store thefts in less than three months this year. In all, more than 200 guns were stolen, but only one came from the Rocklin Armory.

That’s because Ford, one of the store’s two owners, takes precautions. Guns are high-value items, especially to criminals, and Ford knows he’s a target. Each night before closing, Ford locks up every gun in a safe. The one rifle he lost was left out because it was being worked on for a customer. But not every gun store takes those steps. Just two months earlier, a nearby gun store lost more than 100 guns in a single burglary. None of it was captured by surveillance cameras.

“I’m a responsible gun owner,” Ford said. “My guns at home, even though I live alone with no kids, they’re locked up. The ammo’s kept separate. There’s no reason I shouldn’t do the same here.”

The next morning, the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives was on the case. Graham Barlow, ATF special agent in charge of the agency’s Sacramento field office, said gun shops are increasingly becoming targets of criminals. For some gangs, gun theft has even become a specialty.

“They have a very unique way of doing it,” Barlow said. “That’s their business. Gun stores.”

The number of guns stolen from gun shops in California nearly doubled between 2013 and 2015. Last year, more than 400 guns were reported stolen from California gun stores, according to ATF data. And those are just a fraction of all guns stolen in California. 

According to data from the California Department of Justice Bureau of Firearms, more than 70,000 guns were reported lost or stolen by gun owners in the past five years. A joint investigation by NBC stations across California found at least 4,000 of those lost or stolen guns were later seized by police in connection to crimes. 

The national numbers are even more troubling. In the past 10 years, more than 2 million guns have been reported stolen in the United States, according to data from the Federal Bureau of Investigation. (Gun Stores in Northern California Getting Hit Harder by Thieves, http://www.nbcbayarea.com/news/local/Gun-Stores-in-Northern-California-Getting-Hit-Harder-by-Thieves-399573081.html#ixzz4aandO02M.)

FISCAL EFFECT: Appropriation: Fiscal Com.: Local:

According to the Senate Appropriations Committee:

• Potential future increase in state costs in excess of $50,000 (General Fund) in any one year in increased workload by the Department of Justice to the extent that the removal of a retailer from the centralized list because of noncompliance with this bill is contested.
• Significant one-time costs (private funds) to firearms retailers to conform to new storage requirements imposed by SB 464 to the extent that they have not already. Costs would be offset, in part, to the extent that the new storage requirements deter or prevent the theft of firearms and reduce inventory loss and/or property destruction.

SUPPORT: (Verified 5/26/17)

Law Center to Prevent Gun Violence

OPPOSITION: (Verified 5/26/17)

California Rifle and Pistol Association

California Sportsman’s Lobby, Inc.

California Waterfowl Association

Firearms Policy Coalition

Gun Owners of California

National Rifle Association

National Shooting Sports Foundation

Outdoor Sportsmen’s Coalition of California

Safari Club International

ARGUMENTS IN SUPPORT: According to the author:

Guns are stolen from gun stores due to a lack of adequate security. In some cases, guns are left in their display cases without suitable locking mechanisms, making them easy targets for burglars.

In a series of robberies during 2016, hundreds of guns were stolen from guns stores in the cities of San Carlos, Folsom, Sunnyvale, Ceres, Petaluma, Ventura, Elk Grove, Rocklin, Grass Valley, and El Cerrito. In most of the burglaries, thieves used a vehicle as a battering ram to smash into the gun store. Several of the stores left the guns in their glass display cases, making them easily accessible to the robbers.

Data from the federal Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) show that between 2012-2015 at least 797 guns were reported as stolen from federally licensed gun dealers in the state.

Stolen guns often make their way into the hands of criminals. As an example, according to an NBC Bay Area report, which analyzed 70,000 lost or stolen guns between 2010 and 2015, 2,655 of the guns were connected to a crime.

Further, stolen guns are unlikely to be found or recovered. According to a federal Department of Justice analysis of firearms stolen during household burglaries, no more than 20% are recovered within 6 months of being stolen.

Law enforcement agencies are hard at work to catch gun thieves. In 2016, the US Attorney for the Central District of California announced that a man plead guilty to stealing over 100 guns from gun stores. On February 13, 2017, it was revealed that federal authorities in the Bay Area had apprehended a group of 8 men who were purportedly stealing guns from Northern California stores and selling them. But while law enforcement agencies are diligently working to recover stolen guns, the Legislature can and should act to prevent the thefts in the first place.

ARGUMENTS IN OPPOSITION: According to the California Sportsman’s Lobby:

It is believed that the new proposed requirements would negatively affect sportsmen by unnecessarily adding to the operation overhead of firearm retailers, thus resulting in increased prices to sportsmen without commensurate benefits relative to security or public safety.

Existing state and federal firearm dealer security laws are sufficient to prevent most losses from breaking and entering thefts. Changing the law for everyone because of a few isolated incidents of security failure is considered inappropriate. Operating conditions and security needs are not the same in different localities throughout the state.

Prepared by:

5/27/17 17:33:04

**** END ****

SENATE COMMITTEE ON

Senator Ricardo Lara, Chair

2017 - 2018 Regular Session

SB 464 (Hill) - Firearms dealers: storage and security

*********** ANALYSIS ADDENDUM – SUSPENSE FILE ***********

The following information is revised to reflect amendments

adopted by the committee on May 25, 2017

Bill Summary:

SB 464 would impose additional storage requirements on firearms retailers.

Fiscal Impact:

• Potential future increase in state costs in excess of $50,000 (General Fund) in any one year in increased workload by the Department of Justice (DOJ) to the extent that the removal of a retailer from the centralized list because of noncompliance with this bill is contested.
• Significant one-time costs (private funds) to firearms retailers to conform to new storage requirements imposed by SB 464 to the extent that they have not already. Costs would be offset, in part, to the extent that the new storage requirements deter or prevent the theft of firearms and reduce inventory loss and/or property destruction.

Author Amendments:

Strike the requirement that vaults meet the safety standards established by the Attorney General. Prescribe requirements for pillars should a licensee use that method.

-- END --

SENATE COMMITTEE ON

Senator Ricardo Lara, Chair

2017 - 2018 Regular Session

SB 464 (Hill) - Firearms dealers: storage and security

This bill meets the criteria for referral to the Suspense File.

Bill Summary:

SB 464 would impose additional storage requirements on firearms retailers.

Fiscal Impact:

• Potential future increase in state costs in excess of $50,000 (General Fund) in any one year in increased workload by the Department of Justice (DOJ) to the extent that the removal of a retailer from the centralized list because of noncompliance with this bill is contested.
• One-time costs in the tens of thousands of dollars (General Fund) for the rule making process for each regulation DOJ is required to promulgate due to this bill.
• Significant one-time costs (private funds) to firearms retailers to conform to new storage requirements imposed by SB 464 to the extent that they have not already. Costs would be offset, in part, to the extent that the new storage requirements deter or prevent the theft of firearms and reduce inventory loss and/or property destruction.

Background:

Currently, firearms retailers are allowed to store firearm inventory in one of three ways:

• Store the firearm in a secure facility that is a part of, or that constitutes, the retailer’s business premises.
• Secure the firearm with a hardened steel rod of cable of at least one-eighth inch in diameter through the trigger guard of the firearm. The steel rod or cable is required to be secured with a hardened steel lock that has a shackle. The lock and shackle are to be protected or shielded from the use of a bolt cutter and the rod or cable is to be anchored in a manner that prevents the removal of the firearm from the premises.
• Store the firearm in a locked fireproof safe or vault in the licensee’s business premises.

Proposed Law:

This bill would:

• Require that each particular firearm stored by a dealer during nonbusiness hours be stored in a secure facility in the retailer’s licensed location.
• Require that all firearms also must be secured using either of the following methods as to each particular firearm:
  • Secure the firearm with a hardened steel rod or cable of at least one-eighth inch in diameter through the trigger guard of the firearm. The steel rod or cable must be secured with a hardened steel lock that has a shackle. The lock and shackle must be protected or shielded from the use of a bolt cutter and the rod or cable must be anchored in a manner that prevents the removal of the firearm from the premises. Additionally, install concrete or hardened steel pillars that span the length of the front of the licensee’s business premises and any other exposed areas of the premises that have one or more windows or one or more doors. The pillars must be of sufficient strength, width, height, and spacing to stop a vehicle.
  • Store the firearm in a locked fireproof safe or vault in the licensee’s business premises.  The safe or vault shall meet specified safety standards established by the Attorney General.

Staff Comments:

If this bill were enacted, failure to comply with its requirements by retailers would lead to the revocation of their firearms dealer license and the removal of the dealer from the Centralized List of Firearm Dealers. The placement and removal of entities from the centralized list is managed by DOJ. Should a dealer not comply with the firearms storage requirements proposed by SB 464, after a grace period to remedy noncompliance, DOJ would commence the dealer’s removal from the centralized list. Most retailers may choose to cease operation as a dealer voluntarily. Some dealers, however, may choose to contest removal from the centralized list, prompting an administrative hearing. The time and resources that the DOJ Bureau of Firearms and one deputy attorney general spend on preparing for and litigating at an administrative hearing varies depending on the complexity of the issue being heard, but costs average in the low tens of thousands of dollars per hearing. With roughly 2,000 firearms dealers in California, if one percent chose to continue to operate out of compliance (20 dealers), and two of those dealers contest their removal from the centralized list, costs for the department could surpass $50,000.

The Department of Justice also would be responsible for promulgating regulations to facilitate the successful compliance of this bill if it was enacted. The average cost for DOJ for the rule making process, which entails creating draft regulations, reviewing and responding to public comments, and altering the regulations when appropriate before they become final, is in the low tens of thousands of dollars. To successfully facilitate compliance with SB 464, DOJ would be required to promulgate regulations for what constitutes pillars of sufficient strength, width, height, and spacing to stop a vehicle. Part of this rule making consideration likely would include at what rate of speed of a car the pillars would be required to hold up against in order to be in compliance with this bill.

-- END --

SENATE COMMITTEE ON PUBLIC SAFETY

Senator Nancy Skinner, Chair

2017 - 2018 Regular

Bill No: SB 464 Hearing Date: March 21, 2017

Subject: Firearms Dealers: Storage and Security

HISTORY

Source: Author

Prior Legislation: None known

Support: Unknown

Opposition: California Rifle and Pistol Association; California Sportsman’s Lobby, Inc.; Firearm Policy Coalition; Gun Owners of California; National Shooting Sports Foundation; Outdoor Sportsmen’s Coalition of California; Safari Club International

PURPOSE

The purpose of this legislation is to strengthen the storage requirements placed on firearms retailers, as specified.

Existing law requires the business of a firearms licensee be conducted only in the buildings designated in the license, except for:

• A licensed firearms dealer may take possession of firearms and commence preparation of registers for the sale, delivery, or transfer of firearms at any gun show or event, or its successor, if the gun show or event is not conducted from any motorized or towed vehicle. A person conducting business pursuant to this subdivision shall be entitled to conduct business as authorized herein at any gun show or event in the state, without regard to the jurisdiction within this state that issued the license, provided the person complies with all applicable laws, including, but not limited to, the waiting period, and all applicable local laws, regulations, and fees, if any. A person conducting business pursuant to this subdivision shall publicly display the person s license, or a facsimile thereof, at any gun show or event, as specified in this subdivision.
• A licensed firearms dealer may engage in the sale and transfer of firearms other than handguns at specified events. A licensed firearms dealer may also accept delivery of firearms other than handguns, outside the building designated in the license, provided the firearm is being donated for the purpose of sale or transfer at an auction or similar event, as specified.

(Penal Code § 26805.)

Existing law, except as otherwise provided, requires that any time when the licensee is not open for business, all inventory firearms must be stored in the licensed location. All firearms must be secured using one of the following methods as to each particular firearm:

• Store the firearm in a secure facility that is a part of, or that constitutes, the licensees business premises.
• Secure the firearm with a hardened steel rod or cable of at least one-eighth inch in diameter through the trigger guard of the firearm. The steel rod or cable shall be secured with a hardened steel lock that has a shackle. The lock and shackle shall be protected or shielded from the use of a boltcutter and the rod or cable shall be anchored in a manner that prevents the removal of the firearm from the premises.
• Store the firearm in a locked fireproof safe or vault in the licensee s business premises.

(Penal Code §26890(a) [emphasis added].)

Existing law states that the licensing authority in an unincorporated area of a county or within a city may impose security requirements that are more strict or are at a higher standard than those specified. (Penal Code §26890(b).)

Existing law states that upon written request from a licensee, the licensing authority may grant an exemption from compliance with the requirements storage requirements if the licensee is unable to comply with those requirements because of local ordinances, covenants, lease conditions, or similar circumstances not under the control of the licensee. (Penal Code §26890(c).)

Existing law provides that specified storage requirements do not apply to a licensee organized as a nonprofit public benefit corporation, if both of the following conditions are satisfied:

• The nonprofit public benefit or mutual benefit corporation obtained the dealer s license solely and exclusively to assist that corporation or local chapters of that corporation in conducting auctions or similar events at which firearms are auctioned off to fund the activities of that corporation or the local chapters of the corporation.
• The firearms are not handguns.

(Penal Code §26890(d).)

Existing law provides a “secure facility” means that the facility satisfies all of the following:

• The facility is equipped with a burglar alarm with central monitoring.
• All perimeter entries to areas in which firearms are stored other than doors, including windows and skylights, are secured with steel window guards or an audible, silent, or sonic alarm to detect entry.
• All perimeter doorways are designed in one of the following ways:
• A windowless steel security door equipped with both a deadbolt and a doorknob lock.
  • A windowed metal door equipped with both a deadbolt and a doorknob lock. If the window has an opening of five inches or more measured in any direction, the window is covered with steel bars of at least one-half inch diameter or metal grating of at least nine gauge affixed to the exterior or interior of the door.
  • A metal grate that is padlocked and affixed to the licensee's premises independent of the door and doorframe.
  • Hinges and hasps attached to doors by welding, riveting, or bolting with nuts on the inside of the door.
  • Hinges and hasps installed so that they cannot be removed when the doors are closed and locked.
• Heating, ventilating, air-conditioning, and service openings are secured with steel bars, metal grating, or an alarm system.
• No perimeter metal grates are capable of being entered by any person.
• Steel bars used to satisfy the requirements of this section are not capable of being entered by any person.
• Perimeter walls of rooms in which firearms are stored are constructed of concrete or at least 10-gauge expanded steel wire mesh utilized along with typical wood frame and drywall construction. If firearms are not stored in a vault, the facility shall use an exterior security-type door along with a high security, single-key deadbolt, or other door that is more secure. All firearms shall be stored in a separate room away from any general living area or work area. Any door to the storage facility shall be locked while unattended.
• Perimeter doorways, including the loading dock area, are locked at all times when not attended by paid employees or contracted employees, including security guards.
• Except when a firearm is currently being tested, any ammunition on the premises is removed from all manufactured guns and stored in a separate and locked room, cabinet, or box away from the storage area for the firearms. Ammunition may be stored with a weapon only in a locked safe.

(Penal Code § 29141.)

This legislation would require that any time when the licensee is not open for business, all inventory firearms must be stored in the licensed location.  Each particular firearm must be secured by storing the firearm in a secure facility that is part of, or that constitutes, the licensee’s business premises. All firearms must also be secured using either of the following methods as to each particular firearm:

• • Secure the firearm with a hardened steel rod or cable of at least one-eighth inch in diameter through the trigger guard of the firearm. The steel rod or cable must be secured with a hardened steel lock that has a shackle. The lock and shackle must be protected or shielded from the use of a boltcutter and the rod or cable must be anchored in a manner that prevents the removal of the firearm from the premises. Additionally install concrete or hardened steel pillars that span the length of the front of the licensee’s business premises and any other exposed areas of the premises that have one or more windows or one or more doors. The pillars must be of sufficient strength, width, height, and spacing to stop a vehicle.
  • Store the firearm in a locked fireproof safe or vault in the licensee’s business premises.  The safe or vault shall meet the safety standards established by the Attorney General pursuant to Section 23650.

COMMENTS

1. Need for This Legislation

According to the author:

Guns are stolen from gun stores due to a lack of adequate security. In some cases, guns are left in their display cases without suitable locking mechanisms, making them easy targets for burglars.

In a series of robberies during 2016, hundreds of guns were stolen from guns stores in the cities of San Carlos, Folsom, Sunnyvale, Ceres, Petaluma, Ventura, Elk Grove, Rocklin, Grass Valley, and El Cerrito. In most of the burglaries, thieves used a vehicle as a battering ram to smash into the gun store. Several of the stores left the guns in their glass display cases, making them easily accessible to the robbers.

Data from the federal Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) show that between 2012-2015 at least 797 guns were reported as stolen from federally licensed gun dealers in the state.

Stolen guns often make their way into the hands of criminals. As an example, according to an NBC Bay Area report, which analyzed 70,000 lost or stolen guns between 2010 and 2015, 2,655 of the guns were connected to a crime.

Further, stolen guns are unlikely to be found or recovered. According to a federal Department of Justice analysis of firearms stolen during household burglaries, no more than 20% are recovered within 6 months of being stolen.

Law enforcement agencies are hard at work to catch gun thieves. In 2016, the US Attorney for the Central District of California announced that a man plead guilty to stealing over 100 guns from gun stores. On February 13, 2017, it was revealed that federal authorities in the Bay Area had apprehended a group of 8 men who were purportedly stealing guns from Northern California stores and selling them. But while law enforcement agencies are diligently working to recover stolen guns, the Legislature can and should act to prevent the thefts in the first place.

1. Recent Events

There have been a number of firearms stolen from gun stores throughout California—many of these thefts are perpetrated by the offender driving a car through the front window of a firearm retailer to gain access to the store. For example,

When five juveniles used an SUV as a battering ram to slam through the front window and metal security gate of the Rocklin Armory gun shop on an early July morning, Walter Ford’s ultra-high-definition security cameras captured the entire incident in near perfect clarity. 

The burglars stream into the store and begin searching for the cache of weapons they expect to find. One disappears from view, then reappears carrying a rifle and runs out of the store. The other four, though, can’t find any weapons to steal. They quickly check the shelves, find nothing and run back through the smashed entrance. The entire incident takes less than two minutes.

The brazen burglary was one of five Sacramento-area gun store thefts in less than three months this year. In all, more than 200 guns were stolen, but only one came from the Rocklin Armory.

That’s because Ford, one of the store’s two owners, takes precautions. Guns are high-value items, especially to criminals, and Ford knows he’s a target. Each night before closing, Ford locks up every gun in a safe. The one rifle he lost was left out because it was being worked on for a customer. But not every gun store takes those steps. Just two months earlier, a nearby gun store lost more than 100 guns in a single burglary. None of it was captured by surveillance cameras.

“I’m a responsible gun owner,” Ford said. “My guns at home, even though I live alone with no kids, they’re locked up. The ammo’s kept separate. There’s no reason I shouldn’t do the same here.”

The next morning, the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives was on the case. Graham Barlow, ATF special agent in charge of the agency’s Sacramento field office, said gun shops are increasingly becoming targets of criminals. For some gangs, gun theft has even become a specialty.

“They have a very unique way of doing it,” Barlow said. “That’s their business. Gun stores.”

The number of guns stolen from gun shops in California nearly doubled between 2013 and 2015. Last year, more than 400 guns were reported stolen from California gun stores, according to ATF data. And those are just a fraction of all guns stolen in California. 

According to data from the California Department of Justice Bureau of Firearms, more than 70,000 guns were reported lost or stolen by gun owners in the past five years. A joint investigation by NBC stations across California found at least 4,000 of those lost or stolen guns were later seized by police in connection to crimes. 

The national numbers are even more troubling. In the past 10 years, more than 2 million

guns have been reported stolen in the United States, according to data from the Federal Bureau of Investigation. (Gun Stores in Northern California Getting Hit Harder by Thieves, http://www.nbcbayarea.com/news/local/Gun-Stores-in-Northern-California-Getting-Hit-Harder-by-Thieves-399573081.html#ixzz4aandO02M.)

1. Effect of Legislation

Gun stores are currently allowed to store their inventory of firearms one of three ways:

• Store the firearm in a secure facility that is a part of, or that constitutes, the licensee's business premises.
• Secure the firearm with a hardened steel rod or cable of at least one-eighth inch in diameter through the trigger guard of the firearm. The steel rod or cable shall be secured with a hardened steel lock that has a shackle. The lock and shackle shall be protected or shielded from the use of a boltcutter and the rod or cable shall be anchored in a manner that prevents the removal of the firearm from the premises.
• Store the firearm in a locked fireproof safe or vault in the licensee's business premises.

This legislation goes further to require that all gun stores store their inventory of firearms in a secure facility and either:

• • Secure the firearm with a hardened steel rod or cable of at least one-eighth inch in diameter through the trigger guard of the firearm. And, install concrete or hardened steel pillars that span the length of the front of the licensee’s business premises and any other exposed areas of the premises that have one or more windows or one or more doors. The pillars shall be of sufficient strength, width, height, and spacing to stop a vehicle.

• Store the firearm in a locked fireproof safe or vault in the licensee’s business premises. 

1. Argument in Opposition

According to the California Sportsman’s Lobby:

It is believed that the new proposed requirements would negatively affect sportsmen by unnecessarily adding to the operation overhead of firearm retailers, thus resulting in increased prices to sportsmen without commensurate benefits relative to security or public safety.

Existing state and federal firearm dealer security laws are sufficient to prevent most losses from breaking and entering thefts. Changing the law for everyone because of a few isolated incidents of security failure is considered inappropriate. Operating conditions and security needs are not the same in different localities throughout the state.

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