SB 1384: Firearms: dealer requirements.
- Session Year: 2021-2022
- House: Senate
- Latest Version Date: 2022-09-30
Existing law prohibits any person from selling, leasing, or transferring any firearm unless the person is licensed as a firearms dealer, as specified. Existing law prescribes certain requirements and prohibitions for licensed firearms dealers. A violation of any of these requirements or prohibitions is grounds for forfeiture of a firearms dealers license.
This bill would require a licensed firearm dealer to have a digital video surveillance system on their business premises, as specified, and would require that dealer to carry a policy of general liability insurance, as specified.
Existing law prohibits any person from selling, leasing, or transferring any firearm unless the person is licensed as a firearms dealer, as specified. Existing law prescribes certain requirements and prohibitions for licensed firearms dealers. A violation of any of these requirements or prohibitions is grounds for forfeiture of a firearms dealers license.
This bill would require a licensed firearm dealer to have a digital video surveillance system on their business premises, as specified, and would require that dealer to carry a policy of general liability insurance, as specified.
Existing law prohibits any person from selling, leasing, or transferring any firearm unless the person is licensed as a firearms dealer, as specified. Existing law prescribes certain requirements and prohibitions for licensed firearms dealers. A violation of any of these requirements or prohibitions is grounds for forfeiture of a firearms dealers license.
This bill would require a licensed firearm dealer to have a digital video surveillance system on their business premises, as specified, and would require that dealer to carry a policy of general liability insurance, as specified.
Existing law prohibits any person from selling, leasing, or transferring any firearm unless the person is licensed as a firearms dealer, as specified. Existing law prescribes certain requirements and prohibitions for licensed firearms dealers. A violation of any of these requirements or prohibitions is grounds for forfeiture of a firearms dealers license.
This bill would require a licensed firearm dealer to have a digital video surveillance system, burglary alarm system, and keyless entry system on their business premises, as specified, and would require that dealer to carry a policy of general liability insurance, as specified. The bill would require a licensee and any employees that handle firearms to annually complete specified training. The bill would require the Department of Justice to develop and implement an online training course, as specified, including a testing certification component.
Existing law prohibits any person from selling, leasing, or transferring any firearm unless the person is licensed as a firearms dealer, as specified. Existing law prescribes certain requirements and prohibitions for licensed firearms dealers. A violation of any of these requirements or prohibitions is grounds for forfeiture of a firearms dealers license.
This bill would require a licensed firearm dealer to have a digital video surveillance system, burglary alarm system, and keyless entry system on their business premises, as specified, and would require that dealer to carry a policy of general liability insurance, as specified. The bill would require a licensee and any employees that handle firearms to annually complete specified training. The bill would require the Department of Justice to develop and implement an online training course, as specified, including a testing certification component.
Existing law prohibits any person from selling, leasing, or transferring any firearm unless the person is licensed as a firearms dealer, as specified. Existing law prescribes certain requirements and prohibitions for licensed firearms dealers. A violation of any of these requirements or prohibitions is grounds for forfeiture of a firearms dealers license.
This bill would require a licensed firearm dealer to have a digital video surveillance system, burglary alarm system, and keyless entry system on their business premise premises, as specified, and would require that dealer to carry a policy of general liability insurance, as specified. The bill would require a licensee and any employees that handle firearms to annually complete specified training. The bill would require the Department of Justice to develop and implement an online training course, as specified, including a testing certification component.
Existing law prohibits any person from selling, leasing, or transferring any firearm unless the person is licensed as a firearms dealer, as specified. Existing law prescribes certain requirements and prohibitions for licensed firearms dealers. A violation of any of these requirements or prohibitions is grounds for forfeiture of a firearms dealers license.
This bill would require a licensed firearm dealer to have a digital video surveillance system on their business premise and would require that dealer to carry a policy of general liability insurance, as specified. The bill would require a licensee and any employees that handle firearms to annually complete specified training. The bill would require the Department of Justice to develop and implement an online training course, as specified, including a testing certification component.
(a)Except as otherwise provided in paragraphs (1) and (3) of subdivision (b), the Department of Justice shall keep a centralized list of all persons licensed pursuant to subdivisions (a) to (e), inclusive, of Section 26700.
(b)(1)The department may remove from this list any person who knowingly or with gross negligence violates a provision listed in Section 16575.
(2)The department shall remove from the centralized list any person whose federal firearms license has expired or has been revoked.
(3)The department shall remove from the centralized list any person or entity who has failed to provide certification of compliance with Section 26806 pursuant to subdivision (d) of Section 26806.
(4)Upon removal of a dealer from this list, notification shall be provided to local law enforcement and licensing authorities in the jurisdiction where the dealers business is located.
(c)Information compiled from the list shall be made available, upon request, for the following purposes only:
(1)For law enforcement purposes.
(2)When the information is requested by a person licensed pursuant to Chapter 44 (commencing with Section 921) of Title 18 of the United States Code for determining the validity of the license for firearm shipments.
(3)When information is requested by a person promoting, sponsoring, operating, or otherwise organizing a show or event as defined in Section 478.100 of Title 27 of the Code of Federal Regulations, or its successor, who possesses a valid certificate of eligibility issued pursuant to Article 1 (commencing with Section 27200) of Chapter 3, if that information is requested by the person to determine the eligibility of a prospective participant in a gun show or event to conduct transactions as a firearms dealer pursuant to subdivision (b) of Section 26805.
(d)Information provided pursuant to subdivision (c) shall be limited to information necessary to corroborate an individuals current license status as being one of the following:
(1)A person licensed pursuant to subdivisions (a) to (e), inclusive, of Section 26700.
(2)A person who is licensed pursuant to Chapter 44 (commencing with Section 921) of Title 18 of the United States Code, and who is not subject to the requirement of being licensed pursuant to subdivisions (a) to (e), inclusive, of Section 26700.
SEC. 2.Section 26806 is added to the Penal Code, to read:26806.(a)Commencing January 1, 2024, a licensee shall ensure that its business premises are monitored by a digital video surveillance system that meets all of the following requirements:
(1)The system shall clearly record images and, for systems located inside the premises, audio, of the area under surveillance.
(2)Each camera shall be permanently mounted in a fixed location. Cameras shall be placed in locations that allow the camera to clearly record activity occurring in all areas described in paragraph (3) and reasonably produce recordings that allow for the clear identification of any person.
(3)The areas recorded shall include, without limitation, all of the following:
(A)Interior views of all entries or exits to the premises.
(B)All areas where firearms are displayed.
(C)All points of sale, sufficient to identify the parties involved in the transaction.
(4)The system shall continuously record 24 hours per day at a frame rate no less than 15 frames per second.
(5)The media or device on which recordings are stored shall be secured in a manner to protect the recording from tampering, unauthorized access or use, or theft.
(6)Recordings shall be maintained for a minimum of one year.
(7)Recorded images shall clearly and accurately display the date and time.
(8)The system shall be equipped with a failure notification system that provides notification to the licensee of any interruption or failure of the system or storage device.
(b)A licensee shall not use, share, allow access, or otherwise release recordings, to any person except as follows:
(1)A licensee shall allow access to the system to an agent of the department or a licensing authority conducting an inspection of the licensees premises, for the purpose of inspecting the system for compliance with this section, and only if a warrant or court order would not generally be required for that access.
(2)A licensee shall allow access to the system or release recordings to any person pursuant to search warrant or other court order.
(3)A licensee may allow access to the system or release recordings to any person in response to an insurance claim or as part of the civil discovery process, including, but not limited to, in response to subpoenas, request for production or inspection, or other court order.
(c)The licensee shall post a sign in a conspicuous place at each entrance to the premises that states in block letters not less than one inch in height:
THESE PREMISES ARE UNDER VIDEO AND AUDIO SURVEILLANCE. YOUR IMAGE AND CONVERSATIONS MAY BE RECORDED.
(d)A licensee shall, on an annual basis, provide certification to the department, in a manner prescribed by the department, that its video surveillance system is in proper working order.
(e)This section does not preclude any local authority or local governing body from adopting or enforcing local laws or policies regarding video surveillance that do not contradict or conflict with the requirements of this section.
SEC. 3.Section 26811 is added to the Penal Code, to read:26811.(a)Commencing July 1, 2023, a licensee shall carry a general liability insurance policy providing at least one million dollars ($1,000,000) of coverage per incident.
(b)This section does not preclude any local authority from requiring a more stringent requirement regarding the maintenance of liability insurance.
(a)Except as otherwise provided in paragraphs (1) and (3) of subdivision (b), the Department of Justice shall keep a centralized list of all persons licensed pursuant to subdivisions (a) to (e), inclusive, of Section 26700.
(b)(1)The department may remove from this list any person who knowingly or with gross negligence violates a provision listed in Section 16575.
(2)The department shall remove from the centralized list any person whose federal firearms license has expired or has been revoked.
(3)The department shall remove from the centralized list any person or entity who has failed to provide certification of compliance with Section 26806 pursuant to subdivision (d) of Section 26806.
(4)Upon removal of a dealer from this list, notification shall be provided to local law enforcement and licensing authorities in the jurisdiction where the dealers business is located.
(c)Information compiled from the list shall be made available, upon request, for the following purposes only:
(1)For law enforcement purposes.
(2)When the information is requested by a person licensed pursuant to Chapter 44 (commencing with Section 921) of Title 18 of the United States Code for determining the validity of the license for firearm shipments.
(3)When information is requested by a person promoting, sponsoring, operating, or otherwise organizing a show or event as defined in Section 478.100 of Title 27 of the Code of Federal Regulations, or its successor, who possesses a valid certificate of eligibility issued pursuant to Article 1 (commencing with Section 27200) of Chapter 3, if that information is requested by the person to determine the eligibility of a prospective participant in a gun show or event to conduct transactions as a firearms dealer pursuant to subdivision (b) of Section 26805.
(d)Information provided pursuant to subdivision (c) shall be limited to information necessary to corroborate an individuals current license status as being one of the following:
(1)A person licensed pursuant to subdivisions (a) to (e), inclusive, of Section 26700.
(2)A person who is licensed pursuant to Chapter 44 (commencing with Section 921) of Title 18 of the United States Code, and who is not subject to the requirement of being licensed pursuant to subdivisions (a) to (e), inclusive, of Section 26700.
SEC. 2.Section 26806 is added to the Penal Code, to read:26806.(a)Commencing January 1, 2024, a licensee shall ensure that its business premises are monitored by a digital video surveillance system that meets all of the following requirements:
(1)The system shall clearly record images and, for systems located inside the premises, audio, of the area under surveillance.
(2)Each camera shall be permanently mounted in a fixed location. Cameras shall be placed in locations that allow the camera to clearly record activity occurring in all areas described in paragraph (3) and reasonably produce recordings that allow for the clear identification of any person.
(3)The areas recorded shall include, without limitation, all of the following:
(A)Interior views of all entries or exits to the premises.
(B)All areas where firearms are displayed.
(C)All points of sale, sufficient to identify the parties involved in the transaction.
(4)The system shall continuously record 24 hours per day at a frame rate no less than 15 frames per second.
(5)The media or device on which recordings are stored shall be secured in a manner to protect the recording from tampering, unauthorized access or use, or theft.
(6)Recordings shall be maintained for a minimum of one year.
(7)Recorded images shall clearly and accurately display the date and time.
(8)The system shall be equipped with a failure notification system that provides notification to the licensee of any interruption or failure of the system or storage device.
(b)A licensee shall not use, share, allow access, or otherwise release recordings, to any person except as follows:
(1)A licensee shall allow access to the system to an agent of the department or a licensing authority conducting an inspection of the licensees premises, for the purpose of inspecting the system for compliance with this section, and only if a warrant or court order would not generally be required for that access.
(2)A licensee shall allow access to the system or release recordings to any person pursuant to search warrant or other court order.
(3)A licensee may allow access to the system or release recordings to any person in response to an insurance claim or as part of the civil discovery process, including, but not limited to, in response to subpoenas, request for production or inspection, or other court order.
(c)The licensee shall post a sign in a conspicuous place at each entrance to the premises that states in block letters not less than one inch in height:
THESE PREMISES ARE UNDER VIDEO AND AUDIO SURVEILLANCE. YOUR IMAGE AND CONVERSATIONS MAY BE RECORDED.
(d)A licensee shall, on an annual basis, provide certification to the department, in a manner prescribed by the department, that its video surveillance system is in proper working order.
(e)This section does not preclude any local authority or local governing body from adopting or enforcing local laws or policies regarding video surveillance that do not contradict or conflict with the requirements of this section.
SEC. 3.Section 26811 is added to the Penal Code, to read:26811.(a)Commencing July 1, 2023, a licensee shall carry a general liability insurance policy providing at least one million dollars ($1,000,000) of coverage per incident.
(b)This section does not preclude any local authority from requiring a more stringent requirement regarding the maintenance of liability insurance.
(a)Except as otherwise provided in paragraphs (1) and (3) of subdivision (b), the Department of Justice shall keep a centralized list of all persons licensed pursuant to subdivisions (a) to (e), inclusive, of Section 26700.
(b)(1)The department may remove from this list any person who knowingly or with gross negligence violates a provision listed in Section 16575.
(2)The department shall remove from the centralized list any person whose federal firearms license has expired or has been revoked.
(3)The department shall remove from the centralized list any person or entity who has failed to provide certification of compliance with Section 26806 pursuant to subdivision (d) of Section 26806.
(3)(4)Upon removal of a dealer from this list, notification shall be provided to local law enforcement and licensing authorities in the jurisdiction where the dealers business is located.
(c)Information compiled from the list shall be made available, upon request, for the following purposes only:
(1)For law enforcement purposes.
(2)When the information is requested by a person licensed pursuant to Chapter 44 (commencing with Section 921) of Title 18 of the United States Code for determining the validity of the license for firearm shipments.
(3)When information is requested by a person promoting, sponsoring, operating, or otherwise organizing a show or event as defined in Section 478.100 of Title 27 of the Code of Federal Regulations, or its successor, who possesses a valid certificate of eligibility issued pursuant to Article 1 (commencing with Section 27200) of Chapter 3, if that information is requested by the person to determine the eligibility of a prospective participant in a gun show or event to conduct transactions as a firearms dealer pursuant to subdivision (b) of Section 26805.
(d)Information provided pursuant to subdivision (c) shall be limited to information necessary to corroborate an individuals current license status as being one of the following:
(1)A person licensed pursuant to subdivisions (a) to (e), inclusive, of Section 26700.
(2)A person who is licensed pursuant to Chapter 44 (commencing with Section 921) of Title 18 of the United States Code, and who is not subject to the requirement of being licensed pursuant to subdivisions (a) to (e), inclusive, of Section 26700.
SEC. 2.Section 26806 is added to the Penal Code, to read:26806.(a)Commencing January 1, 2024, a licensee shall ensure that its business premises are monitored by a digital video surveillance system that meets all of the following requirements:
(1)The system shall clearly record images and, for systems located inside the premises, audio, of the area under surveillance.
(2)Each camera shall be permanently mounted in a fixed location. Cameras shall be placed in locations that allow the camera to clearly record activity occurring in all areas described in paragraph (3) and reasonably produce recordings that allow for the clear identification of any person.
(3)The areas recorded shall include, without limitation, all of the following:
(A)Interior views of all entries or exits to the premises.
(B)All areas where firearms are displayed.
(C)All points of sale, sufficient to identify the parties involved in the transaction.
(4)The system shall continuously record 24 hours per day at a frame rate no less than 15 frames per second.
(5)The media or device on which recordings are stored shall be secured in a manner to protect the recording from tampering, unauthorized access or use, or theft.
(6)Recordings shall be maintained for a minimum of one year.
(7)Recorded images shall clearly and accurately display the date and time.
(8)The system shall be equipped with a failure notification system that provides notification to the licensee of any interruption or failure of the system or storage device.
(b)A licensee shall not use, share, allow access, or otherwise release recordings, to any person except as follows:
(1)A licensee shall allow access to the system to an agent of the department or a licensing authority conducting an inspection of the licensees premises, for the purpose of inspecting the system for compliance with this section, and only if a warrant or court order would not generally be required for that access.
(2)A licensee shall allow access to the system or release recordings to any person pursuant to search warrant or other court order.
(3)A licensee may allow access to the system or release recordings to any person in response to an insurance claim or as part of the civil discovery process, including, but not limited to, in response to subpoenas, request for production or inspection, or other court order.
(c)The licensee shall post a sign in a conspicuous place at each entrance to the premises that states in block letters not less than one inch in height:
THESE PREMISES ARE UNDER VIDEO AND AUDIO SURVEILLANCE. YOUR IMAGE AND CONVERSATIONS MAY BE RECORDED.
(d)A licensee shall, on an annual basis, provide certification to the department, in a manner prescribed by the department, that its video surveillance system is in proper working order.
(e)This section does not preclude any local authority or local governing body from adopting or enforcing local laws or policies regarding video surveillance that do not contradict or conflict with the requirements of this section.
SEC. 3.Section 26811 is added to the Penal Code, to read:26811.(a)Commencing July 1, 2023, a licensee shall carry a general liability insurance policy providing at least one million dollars ($1,000,000) of coverage per incident.
(b)This section does not preclude any local authority from requiring a more stringent requirement regarding the maintenance of liability insurance.
(a)A person may request a certificate of eligibility from the Department of Justice.
(b)The Department of Justice shall examine its records and records available to the department in the National Instant Criminal Background Check System in order to determine if the applicant is prohibited by state or federal law from possessing, receiving, owning, or purchasing a firearm.
(c)The department shall issue a certificate to an applicant if the departments records indicate that the applicant is not a person who is prohibited by state or federal law from possessing firearms.
(d)The department shall adopt regulations to administer the certificate of eligibility program and shall recover the full costs of administering the program by imposing fees assessed to applicants who apply for those certificates.
(e)The department shall not issue a certificate to an applicant who has failed to provide certification of compliance with Section 26806 pursuant to subdivision (d) of Section 26806.
SECTION 1.SEC. 2.Section 26806 is added to the Penal Code, to read:26806.(a)Commencing January 1, 2024, a licensee shall ensure that its business premises are monitored by a digital video surveillance system that meets all of the following requirements:
(1)The system shall clearly record images and, for systems located inside the premises, audio, of the area under surveillance.
(2)Each camera shall be permanently mounted in a fixed location. Cameras shall be placed in locations that allow the camera to clearly record activity occurring in all areas described in paragraph (3) and reasonably produce recordings that allow for the clear and identification of any person.
(3)The areas recorded shall include, without limitation, all of the following:
(A)Interior and exterior views of all entries or exits to the premises. The licensee shall make a good faith effort not to capture or record activity occurring beyond the business property.
(B)All areas where firearms are displayed.
(C)All points of sale, sufficient to identify the parties involved in the transaction.
(4)The system shall continuously record 24 hours per day at a frame rate no less than 15 frames per second.
(5)The media or device on which recordings are stored shall be secured in a manner to protect the recording from tampering, unauthorized access or use, or theft.
(6)Recordings shall be maintained for a minimum of 3 years. one year.
(7)Recorded images shall clearly and accurately display the date and time synchronized with the United States Department of Commerce National Institute Standards and Technology official time.
(8)The system shall be equipped with a failure notification system that provides notification to the licensee of any interruption or failure of the system or storage device.
(b)A licensee shall not use, share, allow access, or otherwise release recordings, to any person except as follows:
(1)A licensee shall allow access to the system to an agent of the department or a licensing authority conducting an inspection of the licensees premises, for the purpose of inspecting the system for compliance with this section, and only if a warrant or court order would not generally be required for that access.
(2)A licensee shall allow access to the system or release recordings to any person pursuant to search warrant or other court order.
(3)A licensee may allow access to the system or release recordings to any person in response to an insurance claim or as part of the civil discovery process, including, but not limited to, in response to subpoenas, request for production or inspection, or other court order.
(c)The licensee shall post a sign in a conspicuous place at each entrance to the premises that states in block letters not less than one inch in height:
THESE PREMISES ARE UNDER VIDEO AND AUDIO SURVEILLANCE. YOUR IMAGE AND CONVERSATIONS MAY BE RECORDED.
(d)A licensee shall, on an annual basis, provide certification to the department, in a manner prescribed by the department, that its video surveillance system is in proper working order.
(e)This section does not preclude any local authority or local governing body from adopting or enforcing local laws or policies regarding video surveillance that do not contradict or conflict with the requirements of this section.
SEC. 2.Section 26807 is added to the Penal Code, to read:26807.(a)Commencing January 1, 2024, a licensee shall ensure that its business premises are monitored by a burglary alarm system that meets all of the following requirements:(1)The alarm system shall be installed, maintained, and monitored by a licensed alarm company.(2)The alarm must be monitored 24 hours per day and monitoring must include a notification to the local law enforcement agency having primary patrol jurisdiction where the licensed premises is located of any activation other than an accidental activation.(3)The alarm system shall include the capability for the monitoring entity to remotely identify the exact location and type of trouble or activation and the ability to remotely arm, disarm, or reprogram the system, and shall notify the monitoring entity of any disruption to the system power or communication.(4)The alarm system shall include motion sensors that cover 100 percent of the interior of the licensed premises.(5)The alarm system shall include contact sensors on all exterior doors, windows, and other points of entry, including, without limitation, any roof hatch or other roof access point.(6)The alarm system shall include shock or breakage sensors on all exterior windows.(7)The alarm system shall include a backup power source, independent from the main power source for the building, that is capable of providing at least 72 hours of backup power to the alarm system.(8)The alarm system shall include a keypad used to arm and disarm the system with individually assigned access codes for all persons with access to the system.(b)The licensee shall ensure that the alarm system is activated at all times when nobody is on the premises.(c)Each licensee shall maintain records of the installation and maintenance of the alarm system and alarm activity and shall make those records available upon request to the department for inspection.SEC. 3.Section 26808 is added to the Penal Code, to read:26808.(a)Commencing January 1, 2024, a licensee shall ensure that its business premises have physical security measures that meet all of the following requirements:(1)All exterior doors are equipped with a commercial grade nonresidential door lock.(2)All exterior doors are equipped with a keyless entry system operated by individually assigned key cards that identify the user.(3)The keyless entry system described in paragraph (2) shall include a backup power source, independent from the main power source for the building, that is capable of providing at least 72 hours of backup power to the keyless entry system.(b)The licensee shall ensure that the exterior doors are secured and locked at all times when nobody is on the premises.(c)The department shall adopt regulations relating to the placement of building security bollards outside a licensed premises.SEC. 4.SEC. 3.Section 26811 is added to the Penal Code, to read:26811.(a)Commencing July 1, 2023, a licensee shall carry a general liability insurance policy providing at least one million dollars ($1,000,000) of coverage per incident.
(b)This section does not preclude any local authority from requiring a more stringent requirement regarding the maintenance of liability insurance.
SEC. 5.Section 26920 is added to the Penal Code, to read:26920.(a)Commencing July 1, 2024, every licensee, and every employee thereof who handles or processes the sale, loan, or transfer of firearms or ammunition in the course of their normal duties, shall annually complete the training and certification described in subdivision (c).(b)Every licensee shall maintain records of certification for all employees on the business premises and shall make these records available to any agent of the department or a licensing authority conducting an inspection of the licensees premises.(c)(1)The department shall, by no later than January 1, 2024, develop and implement a course of training for licensees and their employees who handle or process the sale, loan, or transfer of firearms or ammunition in the course of their normal duties.(2)The training described in paragraph (1) shall include, without limitation, all of the following:(A)Federal and state laws governing that sales and transfers of firearms and ammunition.(B)How to recognize and identify straw purchasers and fraudulent activity.(C)Indicators that a person is attempting to purchase a firearm illegally.(D)How to recognize and identify indicators that an individual intends to use a firearm for unlawful purposes.(E)How to recognize and identify indicators that an individual intends to use a firearm for self-harm.(F)How to prevent theft or burglary of firearms and ammunition.(G)How to respond to circumstances described in subparagraphs (A) to (F), inclusive and any applicable reporting requirement.(H)How to teach consumers rules of firearm safety, including, but not limited to, the safe handling and storage of firearms.(I)Other reasonable business practices that the department determines will deter gun trafficking or the unlawful use of firearms.(J)How to properly operate any on-premise video or audio surveillance system and to ensure that the system and any captured information is secure and not subject to misuse.(3)The training shall be available in an online format and shall include an examination with not fewer than 20 questions derived from the course materials and intended to confirm that a course participant has learned the information covered by the course. A participant that answers at least 70 percent of the examination questions correctly shall receive a printable certificate of completion valid for one year from the date of completion.(4)In addition to the online training course, the department shall prepare supplemental written materials that shall be available to all course participants to print and shall include, without limitation, all of the following:(A)An outline of indicators that a prospective firearm transferee may be involved in gun trafficking or straw purchasing, including all of the following:(i)The person is accompanied by one or more individuals.(ii)The person is communicating with other individuals by telephone or other means.(iii)The person is buying multiple firearms.(iv)The person has been the subject of a crime gun trace.(v)The person has purchased a firearm in the preceding 30 days.(vi)The person otherwise indicates that a firearm is being obtained for another person.(B)How to ascertain whether a prospective firearm purchaser is lawfully purchasing a firearm, including by asking questions of the prospective firearm purchaser.(C)How to report a suspected fraudulent firearm purchase to the federal Bureau of Alcohol, Tobacco, Firearms and Explosives and to the Department of Justice.(5)The department shall regularly review the training materials and update them as necessary.(d)This section does not preclude any local authority from requiring a more stringent requirement regarding the training.(a)Commencing January 1, 2024, a licensee shall ensure that its business premises are monitored by a digital video surveillance system that meets all of the following requirements:
(1)The system shall clearly record images and audio and, for systems located inside the premises, audio, of the area under surveillance.
(2)Each camera shall be permanently mounted in a fixed location. Cameras shall be placed in locations that allow the camera to clearly record activity occurring in all areas described in paragraph (3) and reasonably produce recordings that allow for the clear and identification of any person.
(3)The areas recorded shall include, without limitation, all of the following:
(A)Interior and exterior views of all entries or exits to the premises. The licensee shall make a good faith effort not to capture or record activity occurring beyond the business property.
(B)All areas where firearms are displayed.
(C)All points of sale, sufficient to identify the parties involved in the transaction.
(4)The system shall continuously record 24 hours per day at a frame rate no less than 15 frames per second.
(5)The media or device on which recordings are stored shall be secured in a manner to protect the recording from tampering tampering, unauthorized access or use, or theft.
(6)Recordings shall be maintained for a minimum of 3 years.
(7)Recorded images shall clearly and accurately display the date and time synchronized with the United States Department of Commerce National Institute Standards and Technology official time.
(8)The system shall be equipped with a failure notification system that provides notification to the licensee of any interruption or failure of the system or storage device.
(b)A licensee shall not use, share, allow access, or otherwise release recordings, to any person except as follows:
(1)A licensee shall allow access to the system to an agent of the department or a licensing authority conducting an inspection of the licensees premises, for the purpose of inspecting the system for compliance with this section. section, and only if a warrant or court order would not generally be required for that access.
(2)A licensee shall allow access to the system or release recordings to any person pursuant to search warrant or other court order.
(3)A licensee may allow access to the system or release recordings to a peace officer conducting a criminal investigation. any person in response to an insurance claim or as part of the civil discovery process, including, but not limited to, in response to subpoenas, request for production or inspection, or other court order.(c)The licensee shall post a sign in a conspicuous place at each entrance to the premises that states in block letters not less than one inch in height:
THESE PREMISES ARE UNDER VIDEO AND SURVEILLANCE. YOUR IMAGE AND CONVERSATIONS MAY BE RECORDED.
(d)A licensee shall, on an annual basis, provide certification to the department, in a manner prescribed by the department, that its video surveillance system is in proper working order.
(e)This section does not preclude any local authority from requiring a more stringent requirement regarding video surveillance. or local governing body from adopting or enforcing local laws or policies regarding video surveillance that do not contradict or conflict with the requirements of this section.
SEC. 2.Section 26807 is added to the Penal Code, to read:26807.(a)Commencing January 1, 2024, a licensee shall ensure that its business premises are monitored by a burglary alarm system that meets all of the following requirements:
(1)The alarm system shall be installed, maintained, and monitored by a licensed alarm company.
(2)The alarm must be monitored 24 hours per day and monitoring must include a notification to the local law enforcement agency having primary patrol jurisdiction where the licensed premises is located of any activation other than an accidental activation.
(3)The alarm system shall include the capability for the monitoring entity to remotely identify the exact location and type of trouble or activation and the ability to remotely arm, disarm, or reprogram the system, and shall notify the monitoring entity of any disruption to the system power or communication.
(4)The alarm system shall include motion sensors that cover 100 percent of the interior of the licensed premises.
(5)The alarm system shall include contact sensors on all exterior doors, windows, and other points of entry, including, without limitation, any roof hatch or other roof access point.
(6)The alarm system shall include shock or breakage sensors on all exterior windows.
(7)The alarm system shall include a backup power source, independent from the main power source for the building, that is capable of providing at least 72 hours of backup power to the alarm system.
(8)The alarm system shall include a keypad used to arm and disarm the system with individually assigned access codes for all persons with access to the system.
(b)The licensee shall ensure that the alarm system is activated at all times when nobody is on the premises.
(c)Each licensee shall maintain records of the installation and maintenance of the alarm system and alarm activity and shall make those records available upon request to the department for inspection.
SEC. 3.Section 26808 is added to the Penal Code, to read:26808.(a)Commencing January 1, 2024, a licensee shall ensure that its business premises have physical security measures that meet all of the following requirements:
(1)All exterior doors are equipped with a commercial grade nonresidential door lock.
(2)All exterior doors are equipped with a keyless entry system operated by individually assigned key cards that identify the user.
(3)The keyless entry system described in paragraph (2) shall include a backup power source, independent from the main power source for the building, that is capable of providing at least 72 hours of backup power to the keyless entry system.
(b)The licensee shall ensure that the exterior doors are secured and locked at all times when nobody is on the premises.
(c)The department shall adopt regulations relating to the placement of building security bollards outside a licensed premises.
SEC. 4.Section 26811 is added to the Penal Code, to read:26811.(a)Commencing July 1, 2023, a licensee shall carry a general liability insurance policy providing at least one million dollars ($1,000,000) of coverage per incident.
(b)This section does not preclude any local authority from requiring a more stringent requirement regarding the maintenance of liability insurance.
SEC. 5.Section 26920 is added to the Penal Code, to read:26920.(a)Commencing July 1, 2024, every licensee, and every employee thereof who handles or processes the sale, loan, or transfer of firearms or ammunition in the course of their normal duties, shall annually complete the training and certification described in subdivision (c).
(b)Every licensee shall maintain records of certification for all employees on the business premises and shall make these records available to any agent of the department or a licensing authority conducting an inspection of the licensees premises.
(c)(1)The department shall, by no later than January 1, 2024, develop and implement a course of training for licensees and their employees who handle or process the sale, loan, or transfer of firearms or ammunition in the course of their normal duties.
(2)The training described in paragraph (1) shall include, without limitation, all of the following:
(A)Federal and state laws governing that sales and transfers of firearms and ammunition.
(B)How to recognize and identify straw purchasers and fraudulent activity.
(C)Indicators that a person is attempting to purchase a firearm illegally.
(D)How to recognize and identify indicators that an individual intends to use a firearm for unlawful purposes.
(E)How to recognize and identify indicators that an individual intends to use a firearm for self-harm.
(F)How to prevent theft or burglary of firearms and ammunition.
(G)How to respond to circumstances described in subparagraphs (A) to (F), inclusive and any applicable reporting requirement.
(H)How to teach consumers rules of firearm safety, including, but not limited to, the safe handling and storage of firearms.
(I)Other reasonable business practices that the department determines will deter gun trafficking or the unlawful use of firearms.
(J)How to properly operate any on-premise video or audio surveillance system and to ensure that the system and any captured information is secure and not subject to misuse.
(3)The training shall be available in an online format and shall include an examination with not fewer than 20 questions derived from the course materials and intended to confirm that a course participant has learned the information covered by the course. A participant that answers at least 70 percent of the examination questions correctly shall receive a printable certificate of completion valid for one year from the date of completion.
(4)In addition to the online training course, the department shall prepare supplemental written materials that shall be available to all course participants to print and shall include, without limitation, all of the following:
(A)A behavioral profile of persons who An outline of indicators that a prospective firearm transferee may be involved in drug gun trafficking or straw purchasing, including all of the following:
(i)The person is accompanied by one or more individuals.
(ii)The person is communicating with other individuals by telephone or other means.
(iii)The person is buying multiple firearms.
(iv)The person has been the subject of a crime gun trace.
(v)The person has purchased a firearm in the preceding 30 days.
(vi)The person otherwise indicates that a firearm is being obtained for another person.
(B)How to ascertain whether a prospective firearm purchaser is lawfully purchasing a firearm, including by asking questions of the prospective firearm purchaser.
(C)How to report a suspected fraudulent firearm purchase to the federal Bureau of Alcohol, Tobacco, Firearms and Explosives and to the Department of Justice.
(5)The department shall regularly review the training materials and update them as necessary.
(d)This section does not preclude any local authority from requiring a more stringent requirement regarding the training.
REVISIONS: HeadingLine 2.(a)Commencing January 1, 2024, a licensee shall ensure that its business premises are monitored by a digital video surveillance system that meets all of the following requirements:
(1)The system shall clearly record images and audio of the area under surveillance.
(2)Each camera shall be permanently mounted in a fixed location. Cameras shall be placed in locations that allow the camera to clearly record activity occurring in all areas described in paragraph (3) and reasonably produce recordings that allow for the clear and identification of any person.
(3)The areas recorded shall include, without limitation, all of the following:
(A)Interior and exterior views of all entries or exits to the premises.
(B)All areas where firearms are displayed.
(C)All points of sale, sufficient to identify the parties involved in the transaction.
(4)The system shall continuously record 24 hours per day at a frame rate no less than 15 frames per second.
(5)The media or device on which recordings are stored shall be secured in a manner to protect the recording from tampering or theft.
(6)Recordings shall be maintained for a minimum of 3 years.
(7)Recorded images shall clearly and accurately display the date and time synchronized with the United States Department of Commerce National Institute Standards and Technology official time.
(8)The system shall be equipped with a failure notification system that provides notification to the licensee of any interruption or failure of the system or storage device.
(b)A licensee shall not allow access, or otherwise release recordings, to any person except as follows:
(1)A licensee shall allow access to the system to an agent of the department or a licensing authority conducting an inspection of the licensees premises, for the purpose of inspecting the system for compliance with this section.
(2)A licensee shall allow access to the system or release recordings to any person pursuant to search warrant or other court order.
(3)A licensee may allow access to the system or release recordings to a peace officer conducting a criminal investigation.
(c)The licensee shall post a sign in a conspicuous place at each entrance to the premises that states in block letters not less than one inch in height:
THESE PREMISES ARE UNDER VIDEO AND SURVEILLANCE. YOUR IMAGE AND CONVERSATIONS MAY BE RECORDED.
(d)A licensee shall, on an annual basis, provide certification to the department, in a manner prescribed by the department, that its video surveillance system is in proper working order.
(e)This section does not preclude any local authority from requiring a more stringent requirement regarding video surveillance.
SEC. 2.Section 26807 is added to the Penal Code, to read:26807.(a)Commencing January 1, 2024, a licensee shall ensure that its business premises are monitored by a burglary alarm system that meets all of the following requirements:
(1)The alarm system shall be installed, maintained, and monitored by a licensed alarm company.
(2)The alarm must be monitored 24 hours per day and monitoring must include a notification to the local law enforcement agency having primary patrol jurisdiction where the licensed premises is located of any activation other than an accidental activation.
(3)The alarm system shall include the capability for the monitoring entity to remotely identify the exact location and type of trouble or activation and the ability to remotely arm, disarm, or reprogram the system, and shall notify the monitoring entity of any disruption to the system power or communication.
(4)The alarm system shall include motion sensors that cover 100 percent of the interior of the licensed premises.
(5)The alarm system shall include contact sensors on all exterior doors, windows, and other points of entry, including, without limitation, any roof hatch or other roof access point.
(6)The alarm system shall include shock or breakage sensors on all exterior windows.
(7)The alarm system shall include a backup power source, independent from the main power source for the building, that is capable of providing at least 72 hours of backup power to the alarm system.
(8)The alarm system shall include a keypad used to arm and disarm the system with individually assigned access codes for all persons with access to the system.
(b)The licensee shall ensure that the alarm system is activated at all times when nobody is on the premises.
(c)Each licensee shall maintain records of the installation and maintenance of the alarm system and alarm activity and shall make those records available upon request to the department for inspection.
SEC. 3.Section 26808 is added to the Penal Code, to read:26808.(a)Commencing January 1, 2024, a licensee shall ensure that its business premises have physical security measures that meet all of the following requirements:
(1)All exterior doors are equipped with a commercial grade nonresidential door lock.
(2)All exterior doors are equipped with a keyless entry system operated by individually assigned key cards that identify the user.
(3)The keyless entry system described in paragraph (2) shall include a backup power source, independent from the main power source for the building, that is capable of providing at least 72 hours of backup power to the keyless entry system.
(b)The licensee shall ensure that the exterior doors are secured and locked at all times when nobody is on the premises.
(c)The department shall adopt regulations relating to the placement of building security bollards outside a licensed premises.
SEC. 2.SEC. 4.Section 26811 is added to the Penal Code, to read:26811.(a)Commencing July 1, 2023, a licensee shall carry a general liability insurance policy providing at least one million dollars ($1,000,000) of coverage per incident.
(b)This section does not preclude any local authority from requiring a more stringent requirement regarding the maintenance of liability insurance.
SEC. 3.SEC. 5.Section 26920 is added to the Penal Code, to read:26920.(a)Commencing July 1, 2024, every licensee, and every employee thereof who handles or processes the sale, loan, or transfer of firearms or ammunition in the course of their normal duties, shall annually complete the training and certification described in subdivision (c).
(b)Every licensee shall maintain records of certification for all employees on the business premises and shall make these records available to any agent of the department or a licensing authority conducting an inspection of the licensees premises.
(c)(1)The department shall, by no later than January 1, 2024, develop and implement a course of training for licensees and their employees who handle or process the sale, loan, or transfer of firearms or ammunition in the course of their normal duties.
(2)The training described in paragraph (1) shall include, without limitation, all of the following:
(A)Federal and state laws governing that sales and transfers of firearms and ammunition.
(B)How to recognize and identify straw purchasers and fraudulent activity.
(C)Indicators that a person is attempting to purchase a firearm illegally.
(D)How to recognize and identify indicators that an individual intends to use a firearm for unlawful purposes.
(E)How to recognize and identify indicators that an individual intends to use a firearm for self-harm.
(F)How to prevent theft or burglary of firearms and ammunition.
(G)How to respond to circumstances described in subparagraphs (A) to (F), inclusive and any applicable reporting requirement.
(H)How to teach consumers rules of firearm safety, including, but not limited to, the safe handling and storage of firearms.
(I)Other reasonable business practices that the department determines will deter gun trafficking or the unlawful use of firearms.
(3)The training shall be available in an online format and shall include an examination with not fewer than 20 questions derived from the course materials and intended to confirm that a course participant has learned the information covered by the course. A participant that answers at least 70 percent of the examination questions correctly shall receive a printable certificate of completion valid for one year from the date of completion.
(4)In addition to the online training course, the department shall prepare supplemental written materials that shall be available to all course participants to print and shall include, without limitation, all of the following:
(A)A behavioral profile of persons who may be involved in drug trafficking or straw purchasing, including all of the following:
(i)The person is accompanied by one or more individuals.
(ii)The person is communicating with other individuals by telephone or other means.
(iii)The person is buying multiple firearms.
(iv)The person has been the subject of a crime gun trace.
(v)The person has purchased a firearm in the preceding 30 days.
(vi)The person otherwise indicates that a firearm is being obtained for another person.
(B)How to ascertain whether a prospective firearm purchaser is lawfully purchasing a firearm, including by asking questions of the prospective firearm purchaser.
(C)How to report a suspected fraudulent firearm purchase to the federal Bureau of Alcohol, Tobacco, Firearms and Explosives and to the Department of Justice.
(5)The department shall regularly review the training materials and update them as necessary.
(d)This section does not preclude any local authority from requiring a more stringent requirement regarding the training.
(a)Commencing January 1, 2024, a licensee shall ensure that its business premises are monitored by a digital video surveillance system that meets all of the following requirements:
(1)The system shall clearly record images and audio of the area under surveillance.
(2)Each camera shall be permanently mounted in a fixed location. Cameras shall be placed in locations that allow the camera to clearly record activity occurring in all areas described in paragraph (3) and reasonably produce recordings that allow for the clear and identification of any person.
(3)The areas recorded shall include, without limitation, all of the following:
(A)Interior and exterior views of all entries or exits to the premises.
(B)All areas where firearms are displayed.
(C)All points of sale, sufficient to identify the parties involved in the transaction.
(4)The system shall continuously record 24 hours per day at a frame rate no less than 15 frames per second.
(5)The media or device on which recordings are stored shall be secured in a manner to protect the recording from tampering or theft.
(6)Recordings shall be maintained for a minimum of 3 years.
(7)Recorded images shall clearly and accurately display the date and time synchronized with the United States Department of Commerce National Institute Standards and Technology official time.
(8)The system shall be equipped with a failure notification system that provides notification to the licensee of any interruption or failure of the system or storage device.
(b)A licensee shall not allow access, or otherwise release recordings, to any person except as follows:
(1)A licensee shall allow access to the system to an agent of the department or a licensing authority conducting an inspection of the licensees premises, for the purpose of inspecting the system for compliance with this section.
(2)A licensee shall allow access to the system or release recordings to any person pursuant to search warrant or other court order.
(3)A licensee may allow access to the system or release recordings to a peace officer conducting a criminal investigation.
(c)The licensee shall post a sign in a conspicuous place at each entrance to the premises that states in block letters not less than one inch in height:
THESE PREMISES ARE UNDER VIDEO AND SURVEILLANCE. YOUR IMAGE AND CONVERSATIONS MAY BE RECORDED.
(d)A licensee shall, on an annual basis, provide certification to the department, in a manner prescribed by the department, that its video surveillance system is in proper working order.
(e)This section does not preclude any local authority from requiring a more stringent requirement regarding video surveillance.
SEC. 2.Section 26811 is added to the Penal Code, to read:26811.(a)Commencing July 1, 2023, a licensee shall carry a general liability insurance policy providing at least one million dollars ($1,000,000) of coverage per incident.
(b)This section does not preclude any local authority from requiring a more stringent requirement regarding the maintenance of liability insurance.
SEC. 3.Section 26920 is added to the Penal Code, to read:26920.(a)Commencing July 1, 2024, every licensee, and every employee thereof who handles or processes the sale, loan, or transfer of firearms or ammunition in the course of their normal duties, shall annually complete the training and certification described in subdivision (c).
(b)Every licensee shall maintain records of certification for all employees on the business premises and shall make these records available to any agent of the department or a licensing authority conducting an inspection of the licensees premises.
(c)(1)The department shall, by no later than January 1, 2024, develop and implement a course of training for licensees and their employees who handle or process the sale, loan, or transfer of firearms or ammunition in the course of their normal duties.
(2)The training described in paragraph (1) shall include, without limitation, all of the following:
(A)Federal and state laws governing that sales and transfers of firearms and ammunition.
(B)How to recognize and identify straw purchasers and fraudulent activity.
(C)Indicators that a person is attempting to purchase a firearm illegally.
(D)How to recognize and identify indicators that an individual intends to use a firearm for unlawful purposes.
(E)How to recognize and identify indicators that an individual intends to use a firearm for self-harm.
(F)How to prevent theft or burglary of firearms and ammunition.
(G)How to respond to circumstances described in subparagraphs (A) to (F), inclusive and any applicable reporting requirement.
(H)How to teach consumers rules of firearm safety, including, but not limited to, the safe handling and storage of firearms.
(I)Other reasonable business practices that the department determines will deter gun trafficking or the unlawful use of firearms.
(3)The training shall be available in an online format and shall include an examination with not fewer than 20 questions derived from the course materials and intended to confirm that a course participant has learned the information covered by the course. A participant that answers at least 70 percent of the examination questions correctly shall receive a printable certificate of completion valid for one year from the date of completion.
(4)In addition to the online training course, the department shall prepare supplemental written materials that shall be available to all course participants to print and shall include, without limitation, all of the following:
(A)A behavioral profile of persons who may be involved in drug trafficking or straw purchasing, including all of the following:
(i)The person is accompanied by one or more individuals.
(ii)The person is communicating with other individuals by telephone or other means.
(iii)The person is buying multiple firearms.
(iv)The person has been the subject of a crime gun trace.
(v)The person has purchased a firearm in the preceding 30 days.
(vi)The person otherwise indicates that a firearm is being obtained for another person.
(B)How to ascertain whether a prospective firearm purchaser is lawfully purchasing a firearm, including by asking questions of the prospective firearm purchaser.
(C)How to report a suspected fraudulent firearm purchase to the federal Bureau of Alcohol, Tobacco, Firearms and Explosives and to the Department of Justice.
(5)The department shall regularly review the training materials and update them as necessary.
(d)This section does not preclude any local authority from requiring a more stringent requirement regarding the training.
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Date
|
Status
|
|---|---|
| Sep 30, 2022 | Chaptered by Secretary of State. Chapter 995, Statutes of 2022. |
| Sep 30, 2022 | Approved by the Governor. |
| Aug 23, 2022 | Enrolled and presented to the Governor at 12:30 p.m. |
| Aug 16, 2022 | Assembly amendments concurred in. (Ayes 27. Noes 9. Page 4848.) Ordered to engrossing and enrolling. |
| Aug 11, 2022 | In Senate. Concurrence in Assembly amendments pending. |
| Aug 11, 2022 | Read third time. Passed. (Ayes 53. Noes 19. Page 5818.) Ordered to the Senate. |
| Aug 4, 2022 | Read third time and amended. |
| Jun 27, 2022 | Read second time. Ordered to third reading. |
| Jun 23, 2022 | Read second time and amended. Ordered to second reading. |
| Jun 22, 2022 | From committee: Do pass as amended. (Ayes 11. Noes 4.) (June 22). |
| Jun 8, 2022 | Coauthors revised. |
| May 27, 2022 | Referred to Com. on PUB. S. |
| May 25, 2022 | In Assembly. Read first time. Held at Desk. |
| May 24, 2022 | Read third time. Passed. (Ayes 27. Noes 9. Page 3875.) Ordered to the Assembly. |
| May 19, 2022 | From committee: Do pass. (Ayes 5. Noes 2. Page 3794.) (May 19). |
| May 13, 2022 | Set for hearing May 19. |
| May 9, 2022 | May 9 hearing: Placed on APPR suspense file. |
| Apr 29, 2022 | Set for hearing May 9. |
| Apr 25, 2022 | Read second time and amended. Re-referred to Com. on APPR. |
| Apr 21, 2022 | From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 4. Noes 1. Page 3440.) (April 19). |
| Apr 7, 2022 | From committee with author's amendments. Read second time and amended. Re-referred to Com. on PUB. S. |
| Mar 24, 2022 | Set for hearing April 19. |
| Mar 9, 2022 | Referred to Com. on PUB. S. |
| Feb 22, 2022 | From printer. |
| Feb 18, 2022 | Introduced. Read first time. To Com. on RLS. for assignment. To print. |
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Date
|
Description
|
Location
|
Votes
|
|
|---|---|---|---|---|
| Aug 16, 2022 | Unfinished Business SB1384 Min et al. Concurrence | Senate Floor |
Passed |
|
| Aug 11, 2022 | SB 1384 Min Senate Third Reading By McCarty | Assembly Floor |
Passed |
|
| May 24, 2022 | Senate 3rd Reading SB1384 Min | Senate Floor |
Passed |
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Positions by individuals are not included.
Bill Author
Bill Co-Author(s):