AB 228: Firearms.
- Session Year: 2021-2022
- House: Assembly
- Latest Version Date: 2022-07-21
Existing law authorizes the licensing authority of a city, county, or a city and county to grant licenses to sell firearms at retail within the city, county, or city and county. Existing law requires the Department of Justice to maintain a list of licensed firearms dealers. Existing law authorizes the department to inspect dealers to ensure compliance with specified provisions of firearms law and to assess an annual fee to cover the reasonable costs of maintaining the dealer list and conducting inspections. Existing law exempts a dealer located in a jurisdiction that has adopted an inspection program to ensure compliance with firearms law from that portion of the departments fee that relates to the cost of inspections.
This bill would, commencing January 1, 2024, require the department to conduct inspections of dealers at least every 3 years, with the exception of a dealer whose place of business is located in a jurisdiction that has adopted an inspection program. The bill would authorize the department to inspect a dealer whose place of business is located in a jurisdiction that has adopted an inspection program. The bill would also specify minimum sampling standards for the audit of dealer records during an inspection.
Existing law authorizes the licensing authority of a city, county, or a city and county to grant licenses to sell firearms at retail within the city, county, or city and county. Existing law requires the Department of Justice to maintain a list of licensed firearms dealers. Existing law authorizes the department to inspect dealers to ensure compliance with specified provisions of firearms law and to assess an annual fee to cover the reasonable costs of maintaining the dealer list and conducting inspections. Existing law exempts a dealer located in a jurisdiction that has adopted an inspection program to ensure compliance with firearms law from that portion of the departments fee that relates to the cost of inspections.
This bill would, commencing January 1, 2024, require the department to conduct inspections of dealers at least every 3 years, with the exception of a dealer whose place of business is located in a jurisdiction that has adopted an inspection program. The bill would authorize the department to inspect a dealer whose place of business is located in a jurisdiction that has adopted an inspection program. The bill would also specify minimum sampling standards for the audit of dealer records during an inspection.
Existing law authorizes the licensing authority of a city, county, or a city and county to grant licenses to sell firearms at retail within the city, county, or city and county. Existing law requires the Department of Justice to maintain a list of licensed firearms dealers. Existing law authorizes the department to inspect dealers to ensure compliance with specified provisions of firearms law and to assess an annual fee to cover the reasonable costs of maintaining the dealer list and conducting inspections. Existing law exempts a dealer located in a jurisdiction that has adopted an inspection program to ensure compliance with firearms law from that portion of the departments fee that relates to the cost of inspections.
This bill would would, commencing January 1, 2024, require the department to conduct inspections of dealers at least every 3 years, with the exception of a dealer whose place of business is located in a jurisdiction that has adopted an inspection program. The bill would authorize the department to inspect a dealer whose place of business is located in a jurisdiction that has adopted an inspection program. The bill would also specify minimum sampling standards for the audit of dealer records during an inspection.
Existing law authorizes the licensing authority of a city, county, or a city and county to grant licenses to sell firearms at retail within the city, county, or city and county. Existing law requires the Department of Justice to maintain a list of licensed firearms dealers. Existing law authorizes the department to inspect dealers to ensure compliance with specified provisions of firearms law and to assess an annual fee to cover the reasonable costs of maintaining the dealer list and conducting inspections. Existing law exempts a dealer located in a jurisdiction that has adopted an inspection program to ensure compliance with firearms law from that portion of the departments fee that relates to the cost of inspections.
This bill would require the department to conduct inspections of dealers at least every 3 years, with the exception of a dealer whose place of business is located in a jurisdiction that has adopted an inspection program. The bill would authorize the department to inspect a dealer whose place of business is located in a jurisdiction that has adopted an inspection program.
Under existing law, theft of any property of a value exceeding $950 is grand theft and is punishable as either a misdemeanor or a felony. Under existing law, theft of any firearm, regardless of value, is grand theft and is punishable as a felony.Under existing law, knowingly buying or receiving stolen property, as specified, is punishable as either a misdemeanor or a felony if the value of the property exceeds $950.Existing law, the Safe Neighborhoods and Schools Act, enacted by Proposition 47, as approved by the voters at the November 4, 2014, statewide general election, requires the receipt of stolen property that does not exceed $950 to be punished as a misdemeanor, except in cases when the defendant has previously been convicted of one or more specified serious or violent felonies or an offense requiring registration as a sex offender.This bill would, upon approval by the voters, make knowingly buying or receiving a stolen firearm, as specified, regardless of the value of the firearm, punishable as either a misdemeanor or a felony.The California Constitution authorizes the Legislature to amend or repeal an initiative statute by another statute that becomes effective when approved by the electors.This bill would provide that it would become effective only upon approval of the voters, and would provide for the submission of this measure to the voters for approval at the next statewide general election.Under existing law, theft of any property of a value exceeding $950 is grand theft and is punishable as either a misdemeanor or a felony. Under existing law, theft of any firearm, regardless of value, is grand theft and is punishable as a felony.
Under existing law, knowingly buying or receiving stolen property, as specified, is punishable as either a misdemeanor or a felony if the value of the property exceeds $950.
Existing law, the Safe Neighborhoods and Schools Act, enacted by Proposition 47, as approved by the voters at the November 4, 2014, statewide general election, requires the receipt of stolen property that does not exceed $950 to be punished as a misdemeanor, except in cases when the defendant has previously been convicted of one or more specified serious or violent felonies or an offense requiring registration as a sex offender.
This bill would, upon approval by the voters, make knowingly buying or receiving a stolen firearm, as specified, regardless of the value of the firearm, punishable as either a misdemeanor or a felony.
The California Constitution authorizes the Legislature to amend or repeal an initiative statute by another statute that becomes effective when approved by the electors.
This bill would provide that it would become effective only upon approval of the voters, and would provide for the submission of this measure to the voters for approval at the next statewide general election.
(a)The Department of Justice may conduct inspections of dealers at least every three years to ensure compliance with Section 16575.
(1)Commencing on January 1, 2024, the department shall conduct inspections of all dealers, except a dealer specified in subdivision (c), at least once every three years, to ensure compliance with Section 16575.
(2)Inspections of dealers pursuant to this subdivision shall include an audit of dealer records that includes a sampling of at least 25 percent but no more than 50 percent of each record type.
(b)The department may assess an annual fee, not to exceed one hundred fifteen dollars ($115), to cover the reasonable cost of maintaining the list described in Section 26715, including the cost of inspections.
(c)A dealer whose place of business is located in a jurisdiction that has adopted an inspection program to ensure compliance with firearms law is exempt from that portion of the departments fee that relates to the cost of inspections. The applicant is responsible for providing evidence to the department that the jurisdiction in which the business is located has the inspection program. The department may inspect a dealer who is exempt from mandatory inspections under subdivision (b) to ensure compliance with Section 16575.
(a)The Department of Justice may conduct inspections of dealers at least every three years to ensure compliance with Section 16575.
(1)Commencing on January 1, 2024, the department shall conduct inspections of all dealers, except a dealer specified in subdivision (c), at least once every three years, to ensure compliance with Section 16575.
(2)Inspections of dealers pursuant to this subdivision shall include an audit of dealer records that includes a sampling of at least 25 percent but no more than 50 percent of each record type.
(b)The department may assess an annual fee, not to exceed one hundred fifteen dollars ($115), to cover the reasonable cost of maintaining the list described in Section 26715, including the cost of inspections.
(c)A dealer whose place of business is located in a jurisdiction that has adopted an inspection program to ensure compliance with firearms law is exempt from that portion of the departments fee that relates to the cost of inspections. The applicant is responsible for providing evidence to the department that the jurisdiction in which the business is located has the inspection program. The department may inspect a dealer who is exempt from mandatory inspections under subdivision (b) to ensure compliance with Section 16575.
(a)Except for a dealer specified in subdivision (c), the The Department of Justice shall may conduct inspections of dealers at least every three years to ensure compliance with Section 16575.
(1)Commencing on January 1, 2024, the department shall conduct inspections of all dealers, except a dealer specified in subdivision (c), at least once every three years, to ensure compliance with Section 16575.
(2)Inspections of dealers pursuant to this subdivision shall include an audit of dealer records that includes a sampling of at least 25 percent but no more than 50 percent of each record type.
(b)The department may assess an annual fee, not to exceed one hundred fifteen dollars ($115), to cover the reasonable cost of maintaining the list described in Section 26715, including the cost of inspections.
(c)A dealer whose place of business is located in a jurisdiction that has adopted an inspection program to ensure compliance with firearms law is exempt from that portion of the departments fee that relates to the cost of inspections. The applicant is responsible for providing evidence to the department that the jurisdiction in which the business is located has the inspection program. The department may inspect a dealer who is exempt from mandatory inspections under subdivision (a) (b) to ensure compliance with Section 16575.
(a)The Except for a dealer specified in subdivision (c), the Department of Justice may inspect dealers shall conduct inspections of dealers at least every three years to ensure compliance with the provisions listed in Section 16575.
(b)The department may assess an annual fee, not to exceed one hundred fifteen dollars ($115), to cover the reasonable cost of maintaining the list described in Section 26715, including the cost of inspections.
(c)Dealers A dealer whose place of business is located in a jurisdiction that has adopted an inspection program to ensure compliance with firearms law shall be is exempt from that portion of the departments fee that relates to the cost of inspections. The applicant is responsible for providing evidence to the department that the jurisdiction in which the business is located has the inspection program. The department may inspect a dealer who is exempt from mandatory inspections under subdivision (a) to ensure compliance with Section 16575.
SECTION 1.Section 496 of the Penal Code is amended to read:496.(a)(1)A person who buys or receives any property that has been stolen or that has been obtained in any manner constituting theft or extortion, knowing the property to be so stolen or obtained, or who conceals, sells, withholds, or aids in concealing, selling, or withholding any property from the owner, knowing the property to be so stolen or obtained, shall be punished by imprisonment in a county jail for not more than one year, or imprisonment pursuant to subdivision (h) of Section 1170. However, if the value of the property does not exceed nine hundred fifty dollars ($950), the offense shall be a misdemeanor, punishable only by imprisonment in a county jail not exceeding one year, if the person has no prior convictions for an offense specified in clause (iv) of subparagraph (C) of paragraph (2) of subdivision (e) of Section 667 or for an offense requiring registration pursuant to subdivision (c) of Section 290.(2)A principal in the actual theft of the property may be convicted pursuant to this section. However, a person shall not be convicted both pursuant to this section and of the theft of the same property.(b)(1)A swap meet vendor, as defined in Section 21661 of the Business and Professions Code, and a person whose principal business is dealing in, or collecting, merchandise or personal property, and an agent, employee, or representative of that person, who buys or receives any property of a value in excess of nine hundred fifty dollars ($950) that has been stolen or obtained in any manner constituting theft or extortion, under circumstances that should cause the person, agent, employee, or representative to make reasonable inquiry to ascertain that the person from whom the property was bought or received had the legal right to sell or deliver it, without making a reasonable inquiry, shall be punished by imprisonment in a county jail for not more than one year, or by imprisonment pursuant to subdivision (h) of Section 1170.(2)A swap meet vendor, as defined in Section 21661 of the Business and Professions Code, and a person whose principal business is dealing in, or collecting, merchandise or personal property, and an agent, employee, or representative of that person, who buys or receives any property of a value of nine hundred fifty dollars ($950) or less that has been stolen or obtained in any manner constituting theft or extortion, under circumstances that should cause the person, agent, employee, or representative to make reasonable inquiry to ascertain that the person from whom the property was bought or received had the legal right to sell or deliver it, without making a reasonable inquiry, is guilty of a misdemeanor.(c)Notwithstanding subdivision (a), a person who buys or receives a firearm that has been stolen or that has been obtained in any manner constituting theft or extortion, knowing that firearm to be so stolen or obtained, or who conceals, sells, withholds, or aids in concealing, selling, or withholding a firearm from the owner, knowing that firearm to be so stolen or obtained, shall be punished by imprisonment in a county jail not exceeding one year or pursuant to subdivision (h) of Section 1170.(d)A person who has been injured by a violation of subdivision (a), (b), or (c) may bring an action for three times the amount of actual damages, if any, sustained by the plaintiff, costs of suit, and reasonable attorneys fees.(e)Notwithstanding Section 664, an attempt to commit any act prohibited by this section, except an offense specified in the accusatory pleading as a misdemeanor, is punishable by imprisonment in a county jail for not more than one year, or by imprisonment pursuant to subdivision (h) of Section 1170.SEC. 2.Section 1 of this act amends the Safe Neighborhoods and Schools Act, Proposition 47, an initiative statute, and shall become effective only when submitted to and approved by the voters. The Secretary of State shall submit Section 1 of this act for approval by the voters at a statewide election in accordance with Section 9040 of the Elections Code.(a)Every (1)A person who buys or receives any property that has been stolen or that has been obtained in any manner constituting theft or extortion, knowing the property to be so stolen or obtained, or who conceals, sells, withholds, or aids in concealing, selling, or withholding any property from the owner, knowing the property to be so stolen or obtained, shall be punished by imprisonment in a county jail for not more than one year, or imprisonment pursuant to subdivision (h) of Section 1170. However, if the value of the property does not exceed nine hundred fifty dollars ($950), the offense shall be a misdemeanor, punishable only by imprisonment in a county jail not exceeding one year, if such the person has no prior convictions for an offense specified in clause (iv) of subparagraph (C) of paragraph (2) of subdivision (e) of Section 667 or for an offense requiring registration pursuant to subdivision (c) of Section 290.
A(2)A principal in the actual theft of the property may be convicted pursuant to this section. However, no a person may shall not be convicted both pursuant to this section and of the theft of the same property.
(b)Every (1)A swap meet vendor, as defined in Section 21661 of the Business and Professions Code, and every a person whose principal business is dealing in, or collecting, merchandise or personal property, and every an agent, employee, or representative of that person, who buys or receives any property of a value in excess of nine hundred fifty dollars ($950) that has been stolen or obtained in any manner constituting theft or extortion, under circumstances that should cause the person, agent, employee, or representative to make reasonable inquiry to ascertain that the person from whom the property was bought or received had the legal right to sell or deliver it, without making a reasonable inquiry, shall be punished by imprisonment in a county jail for not more than one year, or by imprisonment pursuant to subdivision (h) of Section 1170.
Every(2)A swap meet vendor, as defined in Section 21661 of the Business and Professions Code, and every a person whose principal business is dealing in, or collecting, merchandise or personal property, and every an agent, employee, or representative of that person, who buys or receives any property of a value of nine hundred fifty dollars ($950) or less that has been stolen or obtained in any manner constituting theft or extortion, under circumstances that should cause the person, agent, employee, or representative to make reasonable inquiry to ascertain that the person from whom the property was bought or received had the legal right to sell or deliver it, without making a reasonable inquiry, shall be is guilty of a misdemeanor.
(c)Notwithstanding subdivision (a), a person who buys or receives a firearm that has been stolen or that has been obtained in any manner constituting theft or extortion, knowing that firearm to be so stolen or obtained, or who conceals, sells, withholds, or aids in concealing, selling, or withholding a firearm from the owner, knowing that firearm to be so stolen or obtained, shall be punished by imprisonment in a county jail not exceeding one year or pursuant to subdivision (h) of Section 1170.
(c)(d)Any A person who has been injured by a violation of subdivision (a) or (b) (a), (b), or (c) may bring an action for three times the amount of actual damages, if any, sustained by the plaintiff, costs of suit, and reasonable attorneys fees.
(d)(e)Notwithstanding Section 664, any an attempt to commit any act prohibited by this section, except an offense specified in the accusatory pleading as a misdemeanor, is punishable by imprisonment in a county jail for not more than one year, or by imprisonment pursuant to subdivision (h) of Section 1170.
SEC. 2.Section 1 of this act amends the Safe Neighborhoods and Schools Act, Proposition 47, an initiative statute, and shall become effective only when submitted to and approved by the voters. The Secretary of State shall submit Section 1 of this act for approval by the voters at a statewide election in accordance with Section 9040 of the Elections Code.
|
Date
|
Status
|
|---|---|
| Jul 21, 2022 | Chaptered by Secretary of State - Chapter 138, Statutes of 2022. |
| Jul 21, 2022 | Approved by the Governor. |
| Jul 11, 2022 | Enrolled and presented to the Governor at 11:30 a.m. |
| Jun 27, 2022 | In Assembly. Ordered to Engrossing and Enrolling. |
| Jun 27, 2022 | Read third time. Passed. Ordered to the Assembly. (Ayes 37. Noes 0. Page 4432.). |
| Jun 14, 2022 | Read second time. Ordered to third reading. |
| Jun 13, 2022 | From committee: Do pass. (Ayes 7. Noes 0.) (June 13). |
| Jun 1, 2022 | From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 0.) (May 31). Re-referred to Com. on APPR. |
| May 4, 2022 | Referred to Com. on PUB. S. |
| Feb 1, 2022 | In Senate. Read first time. To Com. on RLS. for assignment. |
| Jan 31, 2022 | Read third time. Passed. Ordered to the Senate. (Ayes 69. Noes 0. Page 3434.) |
| Jan 25, 2022 | Read second time. Ordered to third reading. |
| Jan 24, 2022 | Read second time and amended. Ordered returned to second reading. |
| Jan 20, 2022 | From committee: Amend, and do pass as amended. (Ayes 12. Noes 0.) (January 20). |
| Jan 11, 2022 | From committee: Do pass and re-refer to Com. on APPR. (Ayes 7. Noes 0.) (January 11). Re-referred to Com. on APPR. |
| Jan 4, 2022 | Re-referred to Com. on PUB. S. |
| Jan 3, 2022 | From committee chair, with author's amendments: Amend, and re-refer to Com. on PUB. S. Read second time and amended. |
| Mar 23, 2021 | In committee: Set, first hearing. Hearing canceled at the request of author. |
| Jan 28, 2021 | Referred to Com. on PUB. S. |
| Jan 13, 2021 | From printer. May be heard in committee February 12. |
| Jan 12, 2021 | Read first time. To print. |
|
Date
|
Description
|
Location
|
Votes
|
|
|---|---|---|---|---|
| Jun 27, 2022 | Assembly 3rd Reading AB228 Rodriguez By Hurtado | Senate Floor |
Passed |
|
| Jan 31, 2022 | AB 228 Rodriguez Assembly Third Reading | Assembly Floor |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
Bill Author
Bill Co-Author(s):