AB 724: Firearms: safety certificate instructional materials.
- Session Year: 2023-2024
- House: Assembly
- Latest Version Date: 2023-09-26
Current Status:
Passed
(2023-09-26: Chaptered by Secretary of State - Chapter 238, Statutes of 2023.)
Introduced
In Committee
First Chamber
In Committee
Second Chamber
Enacted
Existing law requires a person who purchases or receives a firearm to possess a valid and unexpired firearm safety certificate or handgun safety certificate, as applicable. Existing law prohibits the sale, delivery, or transfer of a firearm to a person who does not possess a valid and unexpired firearm safety certificate or handgun safety certificate, as applicable.
Existing law requires an applicant for a firearm safety certificate to pass an objective test, as specified. Existing law requires the Department of Justice to provide instructional and testing materials in English and Spanish.
This bill would also require these instructional and testing materials to be available in Chinese, Tagalog, Vietnamese, Korean, Dari, and Armenian.
This bill would incorporate additional changes to Section 31640 of the Penal Code proposed by AB 1598 to be operative only if this bill and AB 1598 are enacted and this bill is enacted last.
Existing law requires a person who purchases or receives a firearm to possess a valid and unexpired firearm safety certificate or handgun safety certificate, as applicable. Existing law prohibits the sale, delivery, or transfer of a firearm to a person who does not possess a valid and unexpired firearm safety certificate or handgun safety certificate, as applicable.
Existing law requires an applicant for a firearm safety certificate to pass an objective test, as specified. Existing law requires the Department of Justice to provide instructional and testing materials in English and Spanish.
This bill would also require these instructional and testing materials to be available in Chinese, Tagalog, Vietnamese, Korean, Dari, and Armenian.
This bill would incorporate additional changes to Section 31640 of the Penal Code proposed by AB 1598 to be operative only if this bill and AB 1598 are enacted and this bill is enacted last.
Existing law requires a person who purchases or receives a firearm to possess a valid and unexpired firearm safety certificate or handgun safety certificate, as applicable. Existing law prohibits the sale, delivery, or transfer of a firearm to a person who does not possess a valid and unexpired firearm safety certificate or handgun safety certificate, as applicable.
Existing law requires an applicant for a firearm safety certificate to pass an objective test, as specified. Existing law requires the Department of Justice to provide instructional and testing materials in English and Spanish.
This bill would also require these instructional and testing materials to be available in Chinese, Tagalog, Vietnamese, Korean, Dari, and Armenian.
This bill would incorporate additional changes to Section 31640 of the Penal Code proposed by AB 1598 to be operative only if this bill and AB 1598 are enacted and this bill is enacted last.
Existing law requires a person who purchases or receives a firearm to possess a valid and unexpired firearm safety certificate or handgun safety certificate, as applicable. Existing law prohibits the sale, delivery, or transfer of a firearm to a person who does not possess a valid and unexpired firearm safety certificate or handgun safety certificate, as applicable.
Existing law requires an applicant for a firearm safety certificate to pass an objective test, as specified. Existing law requires the Department of Justice to provide instructional and testing materials in English and Spanish.
This bill would also require these instructional and testing materials to be available in Chinese, Tagalog, Vietnamese, Korean, Dari, and Armenian.
Existing law requires a person who purchases or receives a firearm to possess a valid and unexpired firearm safety certificate or handgun safety certificate, as applicable. Existing law prohibits the sale, delivery, or transfer of a firearm to a person who does not possess a valid and unexpired firearm safety certificate or handgun safety certificate, as applicable.
Existing law requires an applicant for a firearm safety certificate to pass an objective test, as specified. Existing law requires the Department of Justice to provide instructional and testing materials in English and Spanish.
This bill would also require these instructional and testing materials to be available in Chinese, Tagalog, Vietnamese, Korean, and Armenian.
(a)The department shall develop an instruction manual in English, Spanish, traditional Chinese, simplified Chinese, Tagalog, Vietnamese, Korean, Dari, and Armenian. The department shall make the instruction manual available to firearm dealers licensed pursuant to Sections 26700 to 26915, inclusive, who shall make it available to the general public. Essential portions of the manual may be included in the pamphlet described in Section 34205.
(b)The department shall develop audiovisual materials in the languages described in subdivision (a) to be issued to instructors certified by the department.
(c)The department shall solicit input from any reputable association or organization, including any law enforcement association that has as one of its objectives the promotion of firearm safety, in the development of the firearm safety certificate instructional materials.
(d)The instruction manual shall prominently include the following firearm safety warning:
Firearms must be handled responsibly and securely stored to prevent access by children and other unauthorized users. California has strict laws pertaining to firearms, and you can be fined or imprisoned if you fail to comply with them. Visit the website of the California Attorney General at https://oag.ca.gov/firearms for information on firearm laws applicable to you and how you can comply.
SEC. 2.Section 31640 of the Penal Code is amended to read:31640.(a)The department shall develop a written objective test, in English, Spanish, traditional Chinese, simplified Chinese, Tagalog, Vietnamese, Korean, Dari, and Armenian, and prescribe its content, form, and manner, to be administered by an instructor certified by the department.
(b)If the person taking the test is unable to read, the test shall be administered orally. If the person taking the test is unable to read any of the languages described in subdivision (a), the test may be administered orally by a translator.
(c)The test shall cover, but not be limited to, all of the following:
(1)The laws applicable to carrying and handling firearms, particularly handguns.
(2)The responsibilities of ownership of firearms, particularly handguns.
(3)Current law as it relates to the private sale and transfer of firearms.
(4)Current law as it relates to the permissible use of lethal force.
(5)What constitutes safe firearm storage.
(6)Issues associated with bringing a firearm into the home, including suicide.
(7)Prevention strategies to address issues associated with bringing firearms into the home.
(d)Commencing January 1, 2019, the test shall require the applicant to be provided with, and acknowledge receipt of, the following warning information:
(1)Firearms must be handled responsibly and securely stored to prevent access by children and other unauthorized users. California has strict laws pertaining to firearms and you can be fined or imprisoned if you fail to comply with them. Visit the website of the California Attorney General at https://oag.ca.gov/firearms for information on firearm laws applicable to you and how you can comply.
(2)If you decide to sell or give your firearm to someone, you must generally complete a Dealer Record of Sale (DROS) form and conduct the transfer through a licensed firearms dealer. Remember, it is generally a crime to transfer a firearm without first filling out this form. If the police recover a firearm that was involved in a crime, the firearms previous owner may be prosecuted if the previous owner did not fill out the DROS form. Please make sure you go to a licensed firearms dealer and fill out that form if you want to sell or give away your firearm.
(3)If you or someone you know is contemplating suicide, please call the national suicide prevention lifeline at 1-800-273-TALK (8255).
(e)(1)The department shall update test materials related to this article at least once every five years.
(2)The department shall update the internet website referenced in subdivision (d) regularly to reflect current laws and regulations.
(f)A dealer licensed pursuant to Sections 26700 to 26915, inclusive, or an employee, or a managing officer or partner certified as an instructor pursuant to this article, shall designate a separate room or partitioned area for a person to take the objective test, and maintain adequate supervision to ensure that no acts of collusion occur while the objective test is being administered.
SEC. 2.5.Section 31640 of the Penal Code is amended to read:31640.(a)The department shall develop a written objective test, in English, Spanish, traditional Chinese, simplified Chinese, Tagalog, Vietnamese, Korean, Dari, and Armenian, and prescribe its content, form, and manner, to be administered by an instructor certified by the department.
(b)If the person taking the test is unable to read, the test shall be administered orally. If the person taking the test is unable to read any of the languages described in subdivision (a), the test may be administered orally by a translator.
(c)The test shall cover, but not be limited to, all of the following:
(1)The laws applicable to carrying and handling firearms, particularly handguns.
(2)The responsibilities of ownership of firearms, particularly handguns.
(3)Current law as it relates to the private sale and transfer of firearms.
(4)Current law as it relates to the permissible use of lethal force.
(5)What constitutes safe firearm storage.
(6)The reasons for and risks of owning a firearm and bringing a firearm into the home, including the increased risk of death to someone in the household by suicide, homicide, or unintentional injury.
(7)Prevention strategies to address the risks associated with bringing firearms into the home.
(8)Current law as it relates to eligibility to own or possess a firearm, gun violence restraining orders, domestic violence restraining orders, and privately manufactured firearms.
(d)Commencing January 1, 2019, the test shall require the applicant to be provided with, and acknowledge receipt of, the following warning information:
(1)Firearms must be handled responsibly and securely stored to prevent access by children and other unauthorized users. California has strict laws pertaining to firearms and you can be fined or imprisoned if you fail to comply with them. Visit the website of the California Attorney General at https://oag.ca.gov/firearms for information on firearm laws applicable to you and how you can comply.
(2)If you decide to sell or give your firearm to someone, you must generally complete a Dealer Record of Sale (DROS) form and conduct the transfer through a licensed firearms dealer. Remember, it is generally a crime to transfer a firearm without first filling out this form. If the police recover a firearm that was involved in a crime, the firearms previous owner may be prosecuted if the previous owner did not fill out the DROS form. Please make sure you go to a licensed firearms dealer and fill out that form if you want to sell or give away your firearm.
(3)If you or someone you know is contemplating suicide, please call the national suicide prevention lifeline at 1-800-273-TALK (8255).
(e)(1)The department shall update test materials related to this article at least once every five years.
(2)The department shall update the internet website referenced in subdivision (d) regularly to reflect current laws and regulations.
(f)A dealer licensed pursuant to Sections 26700 to 26915, inclusive, or an employee, or a managing officer or partner certified as an instructor pursuant to this article, shall designate a separate room or partitioned area for a person to take the objective test, and maintain adequate supervision to ensure that no acts of collusion occur while the objective test is being administered.
(g)The department shall update the test to reflect amendments to subdivision (c) made by the act that added this subdivision during the first regularly scheduled update of the test required pursuant to subdivision (e) that occurs after January 1, 2024.
SEC. 3.Section 2.5 of this bill incorporates amendments to Section 31640 of the Penal Code proposed by both this bill and Assembly Bill 1598. That section of this bill shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2024, (2) each bill amends Section 31640 of the Penal Code, and (3) this bill is enacted after Assembly Bill 1598, in which case Section 2 of this bill shall not become operative.
(a)The department shall develop an instruction manual in English, Spanish, traditional Chinese, simplified Chinese, Tagalog, Vietnamese, Korean, Dari, and Armenian. The department shall make the instruction manual available to firearm dealers licensed pursuant to Sections 26700 to 26915, inclusive, who shall make it available to the general public. Essential portions of the manual may be included in the pamphlet described in Section 34205.
(b)The department shall develop audiovisual materials in the languages described in subdivision (a) to be issued to instructors certified by the department.
(c)The department shall solicit input from any reputable association or organization, including any law enforcement association that has as one of its objectives the promotion of firearm safety, in the development of the firearm safety certificate instructional materials.
(d)The instruction manual shall prominently include the following firearm safety warning:
Firearms must be handled responsibly and securely stored to prevent access by children and other unauthorized users. California has strict laws pertaining to firearms, and you can be fined or imprisoned if you fail to comply with them. Visit the website of the California Attorney General at https://oag.ca.gov/firearms for information on firearm laws applicable to you and how you can comply.
SEC. 2.Section 31640 of the Penal Code is amended to read:31640.(a)The department shall develop a written objective test, in English, Spanish, traditional Chinese, simplified Chinese, Tagalog, Vietnamese, Korean, Dari, and Armenian, and prescribe its content, form, and manner, to be administered by an instructor certified by the department.
(b)If the person taking the test is unable to read, the test shall be administered orally. If the person taking the test is unable to read any of the languages described in subdivision (a), the test may be administered orally by a translator.
(c)The test shall cover, but not be limited to, all of the following:
(1)The laws applicable to carrying and handling firearms, particularly handguns.
(2)The responsibilities of ownership of firearms, particularly handguns.
(3)Current law as it relates to the private sale and transfer of firearms.
(4)Current law as it relates to the permissible use of lethal force.
(5)What constitutes safe firearm storage.
(6)Issues associated with bringing a firearm into the home, including suicide.
(7)Prevention strategies to address issues associated with bringing firearms into the home.
(d)Commencing January 1, 2019, the test shall require the applicant to be provided with, and acknowledge receipt of, the following warning information:
(1)Firearms must be handled responsibly and securely stored to prevent access by children and other unauthorized users. California has strict laws pertaining to firearms and you can be fined or imprisoned if you fail to comply with them. Visit the website of the California Attorney General at https://oag.ca.gov/firearms for information on firearm laws applicable to you and how you can comply.
(2)If you decide to sell or give your firearm to someone, you must generally complete a Dealer Record of Sale (DROS) form and conduct the transfer through a licensed firearms dealer. Remember, it is generally a crime to transfer a firearm without first filling out this form. If the police recover a firearm that was involved in a crime, the firearms previous owner may be prosecuted if the previous owner did not fill out the DROS form. Please make sure you go to a licensed firearms dealer and fill out that form if you want to sell or give away your firearm.
(3)If you or someone you know is contemplating suicide, please call the national suicide prevention lifeline at 1-800-273-TALK (8255).
(e)(1)The department shall update test materials related to this article at least once every five years.
(2)The department shall update the internet website referenced in subdivision (d) regularly to reflect current laws and regulations.
(f)A dealer licensed pursuant to Sections 26700 to 26915, inclusive, or an employee, or a managing officer or partner certified as an instructor pursuant to this article, shall designate a separate room or partitioned area for a person to take the objective test, and maintain adequate supervision to ensure that no acts of collusion occur while the objective test is being administered.
SEC. 2.5.Section 31640 of the Penal Code is amended to read:31640.(a)The department shall develop a written objective test, in English, Spanish, traditional Chinese, simplified Chinese, Tagalog, Vietnamese, Korean, Dari, and Armenian, and prescribe its content, form, and manner, to be administered by an instructor certified by the department.
(b)If the person taking the test is unable to read, the test shall be administered orally. If the person taking the test is unable to read any of the languages described in subdivision (a), the test may be administered orally by a translator.
(c)The test shall cover, but not be limited to, all of the following:
(1)The laws applicable to carrying and handling firearms, particularly handguns.
(2)The responsibilities of ownership of firearms, particularly handguns.
(3)Current law as it relates to the private sale and transfer of firearms.
(4)Current law as it relates to the permissible use of lethal force.
(5)What constitutes safe firearm storage.
(6)The reasons for and risks of owning a firearm and bringing a firearm into the home, including the increased risk of death to someone in the household by suicide, homicide, or unintentional injury.
(7)Prevention strategies to address the risks associated with bringing firearms into the home.
(8)Current law as it relates to eligibility to own or possess a firearm, gun violence restraining orders, domestic violence restraining orders, and privately manufactured firearms.
(d)Commencing January 1, 2019, the test shall require the applicant to be provided with, and acknowledge receipt of, the following warning information:
(1)Firearms must be handled responsibly and securely stored to prevent access by children and other unauthorized users. California has strict laws pertaining to firearms and you can be fined or imprisoned if you fail to comply with them. Visit the website of the California Attorney General at https://oag.ca.gov/firearms for information on firearm laws applicable to you and how you can comply.
(2)If you decide to sell or give your firearm to someone, you must generally complete a Dealer Record of Sale (DROS) form and conduct the transfer through a licensed firearms dealer. Remember, it is generally a crime to transfer a firearm without first filling out this form. If the police recover a firearm that was involved in a crime, the firearms previous owner may be prosecuted if the previous owner did not fill out the DROS form. Please make sure you go to a licensed firearms dealer and fill out that form if you want to sell or give away your firearm.
(3)If you or someone you know is contemplating suicide, please call the national suicide prevention lifeline at 1-800-273-TALK (8255).
(e)(1)The department shall update test materials related to this article at least once every five years.
(2)The department shall update the internet website referenced in subdivision (d) regularly to reflect current laws and regulations.
(f)A dealer licensed pursuant to Sections 26700 to 26915, inclusive, or an employee, or a managing officer or partner certified as an instructor pursuant to this article, shall designate a separate room or partitioned area for a person to take the objective test, and maintain adequate supervision to ensure that no acts of collusion occur while the objective test is being administered.
(g)The department shall update the test to reflect amendments to subdivision (c) made by the act that added this subdivision during the first regularly scheduled update of the test required pursuant to subdivision (e) that occurs after January 1, 2024.
SEC. 3.Section 2.5 of this bill incorporates amendments to Section 31640 of the Penal Code proposed by both this bill and Assembly Bill 1598. That section of this bill shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2024, (2) each bill amends Section 31640 of the Penal Code, and (3) this bill is enacted after Assembly Bill 1598, in which case Section 2 of this bill shall not become operative.
(a)The department shall develop an instruction manual in English, Spanish, traditional Chinese, simplified Chinese, Tagalog, Vietnamese, Korean, Dari, and Armenian. The department shall make the instruction manual available to firearm dealers licensed pursuant to Sections 26700 to 26915, inclusive, who shall make it available to the general public. Essential portions of the manual may be included in the pamphlet described in Section 34205.
(b)The department shall develop audiovisual materials in the languages described in subdivision (a) to be issued to instructors certified by the department.
(c)The department shall solicit input from any reputable association or organization, including any law enforcement association that has as one of its objectives the promotion of firearm safety, in the development of the firearm safety certificate instructional materials.
(d)The instruction manual shall prominently include the following firearm safety warning:
Firearms must be handled responsibly and securely stored to prevent access by children and other unauthorized users. California has strict laws pertaining to firearms, and you can be fined or imprisoned if you fail to comply with them. Visit the website of the California Attorney General at https://oag.ca.gov/firearms for information on firearm laws applicable to you and how you can comply.
SEC. 2.Section 31640 of the Penal Code is amended to read:31640.(a)The department shall develop a written objective test, in English, Spanish, traditional Chinese, simplified Chinese, Tagalog, Vietnamese, Korean, Dari, and Armenian, and prescribe its content, form, and manner, to be administered by an instructor certified by the department.
(b)If the person taking the test is unable to read, the test shall be administered orally. If the person taking the test is unable to read any of the languages described in subdivision (a), the test may be administered orally by a translator.
(c)The test shall cover, but not be limited to, all of the following:
(1)The laws applicable to carrying and handling firearms, particularly handguns.
(2)The responsibilities of ownership of firearms, particularly handguns.
(3)Current law as it relates to the private sale and transfer of firearms.
(4)Current law as it relates to the permissible use of lethal force.
(5)What constitutes safe firearm storage.
(6)Issues associated with bringing a firearm into the home, including suicide.
(7)Prevention strategies to address issues associated with bringing firearms into the home.
(d)Commencing January 1, 2019, the test shall require the applicant to be provided with, and acknowledge receipt of, the following warning information:
(1)Firearms must be handled responsibly and securely stored to prevent access by children and other unauthorized users. California has strict laws pertaining to firearms and you can be fined or imprisoned if you fail to comply with them. Visit the website of the California Attorney General at https://oag.ca.gov/firearms for information on firearm laws applicable to you and how you can comply.
(2)If you decide to sell or give your firearm to someone, you must generally complete a Dealer Record of Sale (DROS) form and conduct the transfer through a licensed firearms dealer. Remember, it is generally a crime to transfer a firearm without first filling out this form. If the police recover a firearm that was involved in a crime, the firearms previous owner may be prosecuted if the previous owner did not fill out the DROS form. Please make sure you go to a licensed firearms dealer and fill out that form if you want to sell or give away your firearm.
(3)If you or someone you know is contemplating suicide, please call the national suicide prevention lifeline at 1-800-273-TALK (8255).
(e)(1)The department shall update test materials related to this article at least once every five years.
(2)The department shall update the internet website referenced in subdivision (d) regularly to reflect current laws and regulations.
(f)A dealer licensed pursuant to Sections 26700 to 26915, inclusive, or an employee, or a managing officer or partner certified as an instructor pursuant to this article, shall designate a separate room or partitioned area for a person to take the objective test, and maintain adequate supervision to ensure that no acts of collusion occur while the objective test is being administered.
SEC. 2.5.Section 31640 of the Penal Code is amended to read:31640.(a)The department shall develop a written objective test, in English and in Spanish, English, Spanish, traditional Chinese, simplified Chinese, Tagalog, Vietnamese, Korean, Dari, and Armenian, and prescribe its content, form, and manner, to be administered by an instructor certified by the department.
(b)If the person taking the test is unable to read, the test shall be administered orally. If the person taking the test is unable to read English or Spanish, any of the languages described in subdivision (a), the test may be administered orally by a translator.
(c)The test shall cover, but not be limited to, all of the following:
(1)The laws applicable to carrying and handling firearms, particularly handguns.
(2)The responsibilities of ownership of firearms, particularly handguns.
(3)Current law as it relates to the private sale and transfer of firearms.
(4)Current law as it relates to the permissible use of lethal force.
(5)What constitutes safe firearm storage.
(6)Issues associated with The reasons for and risks of owning a firearm and bringing a firearm into the home, including suicide. the increased risk of death to someone in the household by suicide, homicide, or unintentional injury.
(7)Prevention strategies to address issues the risks associated with bringing firearms into the home.
(8)Current law as it relates to eligibility to own or possess a firearm, gun violence restraining orders, domestic violence restraining orders, and privately manufactured firearms.
(d)Commencing January 1, 2019, the test shall require the applicant to be provided with, and acknowledge receipt of, the following warning information:
(1)Firearms must be handled responsibly and securely stored to prevent access by children and other unauthorized users. California has strict laws pertaining to firearms and you can be fined or imprisoned if you fail to comply with them. Visit the website of the California Attorney General at https://oag.ca.gov/firearms for information on firearm laws applicable to you and how you can comply.
(2)If you decide to sell or give your firearm to someone, you must generally complete a Dealer Record of Sale (DROS) form and conduct the transfer through a licensed firearms dealer. Remember, it is generally a crime to transfer a firearm without first filling out this form. If the police recover a firearm that was involved in a crime, the firearms previous owner may be prosecuted if the previous owner did not fill out the DROS form. Please make sure you go to a licensed firearms dealer and fill out that form if you want to sell or give away your firearm.
(3)If you or someone you know is contemplating suicide, please call the national suicide prevention lifeline at 1-800-273-TALK (8255).
(e)(1)The department shall update test materials related to this article at least once every five years.
(2)The department shall update the internet website referenced in subdivision (d) regularly to reflect current laws and regulations.
(f)A dealer licensed pursuant to Sections 26700 to 26915, inclusive, or an employee, or a managing officer or partner certified as an instructor pursuant to this article, shall designate a separate room or partitioned area for a person to take the objective test, and maintain adequate supervision to ensure that no acts of collusion occur while the objective test is being administered.
(g)This section shall become operative on June 1, 2020.(g)The department shall update the test to reflect amendments to subdivision (c) made by the act that added this subdivision during the first regularly scheduled update of the test required pursuant to subdivision (e) that occurs after January 1, 2024.
SEC. 3.Section 2.5 of this bill incorporates amendments to Section 31640 of the Penal Code proposed by both this bill and Assembly Bill 1598. That section of this bill shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2024, (2) each bill amends Section 31640 of the Penal Code, and (3) this bill is enacted after Assembly Bill 1598, in which case Section 2 of this bill shall not become operative.
(a)The department shall develop an instruction manual in English, Spanish, traditional Chinese, simplified Chinese, Tagalog, Vietnamese, Korean, Dari, and Armenian. The department shall make the instruction manual available to firearm dealers licensed pursuant to Sections 26700 to 26915, inclusive, who shall make it available to the general public. Essential portions of the manual may be included in the pamphlet described in Section 34205.
(b)The department shall develop audiovisual materials in the languages described in subdivision (a) to be issued to instructors certified by the department.
(c)The department shall solicit input from any reputable association or organization, including any law enforcement association that has as one of its objectives the promotion of firearm safety, in the development of the firearm safety certificate instructional materials.
(d)The instruction manual shall prominently include the following firearm safety warning:
Firearms must be handled responsibly and securely stored to prevent access by children and other unauthorized users. California has strict laws pertaining to firearms, and you can be fined or imprisoned if you fail to comply with them. Visit the website of the California Attorney General at https://oag.ca.gov/firearms for information on firearm laws applicable to you and how you can comply.
SEC. 2.Section 31640 of the Penal Code is amended to read:31640.(a)The department shall develop a written objective test, in English, Spanish, traditional Chinese, simplified Chinese, Tagalog, Vietnamese, Korean, Dari, and Armenian, and prescribe its content, form, and manner, to be administered by an instructor certified by the department.
(b)If the person taking the test is unable to read, the test shall be administered orally. If the person taking the test is unable to read any of the languages described in subdivision (a), the test may be administered orally by a translator.
(c)The test shall cover, but not be limited to, all of the following:
(1)The laws applicable to carrying and handling firearms, particularly handguns.
(2)The responsibilities of ownership of firearms, particularly handguns.
(3)Current law as it relates to the private sale and transfer of firearms.
(4)Current law as it relates to the permissible use of lethal force.
(5)What constitutes safe firearm storage.
(6)Issues associated with bringing a firearm into the home, including suicide.
(7)Prevention strategies to address issues associated with bringing firearms into the home.
(d)Commencing January 1, 2019, the test shall require the applicant to be provided with, and acknowledge receipt of, the following warning information:
(1)Firearms must be handled responsibly and securely stored to prevent access by children and other unauthorized users. California has strict laws pertaining to firearms and you can be fined or imprisoned if you fail to comply with them. Visit the website of the California Attorney General at https://oag.ca.gov/firearms for information on firearm laws applicable to you and how you can comply.
(2)If you decide to sell or give your firearm to someone, you must generally complete a Dealer Record of Sale (DROS) form and conduct the transfer through a licensed firearms dealer. Remember, it is generally a crime to transfer a firearm without first filling out this form. If the police recover a firearm that was involved in a crime, the firearms previous owner may be prosecuted if the previous owner did not fill out the DROS form. Please make sure you go to a licensed firearms dealer and fill out that form if you want to sell or give away your firearm.
(3)If you or someone you know is contemplating suicide, please call the national suicide prevention lifeline at 1-800-273-TALK (8255).
(e)(1)The department shall update test materials related to this article at least once every five years.
(2)The department shall update the internet website referenced in subdivision (d) regularly to reflect current laws and regulations.
(f)A dealer licensed pursuant to Sections 26700 to 26915, inclusive, or an employee, or a managing officer or partner certified as an instructor pursuant to this article, shall designate a separate room or partitioned area for a person to take the objective test, and maintain adequate supervision to ensure that no acts of collusion occur while the objective test is being administered.
(a)The department shall develop an instruction manual in English and in Spanish. English, Spanish, traditional Chinese, simplified Chinese, Tagalog, Vietnamese, Korean, and Armenian. The department shall make the instruction manual available to firearm dealers licensed pursuant to Sections 26700 to 26915, inclusive, who shall make it available to the general public. Essential portions of the manual may be included in the pamphlet described in Section 34205.
(b)The department shall develop audiovisual materials in English and in Spanish the languages described in subdivision (a) to be issued to instructors certified by the department.
(c)The department shall solicit input from any reputable association or organization, including any law enforcement association that has as one of its objectives the promotion of firearm safety, in the development of the firearm safety certificate instructional materials.
(d)The instruction manual shall prominently include the following firearm safety warning:
Firearms must be handled responsibly and securely stored to prevent access by children and other unauthorized users. California has strict laws pertaining to firearms, and you can be fined or imprisoned if you fail to comply with them. Visit the Web site website of the California Attorney General at https://oag.ca.gov/firearms for information on firearm laws applicable to you and how you can comply.
SEC. 2.Section 31640 of the Penal Code is amended to read:31640.(a)The department shall develop a written objective test, in English and in Spanish, English, Spanish, traditional Chinese, simplified Chinese, Tagalog, Vietnamese, Korean, and Armenian, and prescribe its content, form, and manner, to be administered by an instructor certified by the department.
(b)If the person taking the test is unable to read, the test shall be administered orally. If the person taking the test is unable to read English or Spanish, any of the languages described in subdivision (a), the test may be administered orally by a translator.
(c)The test shall cover, but not be limited to, all of the following:
(1)The laws applicable to carrying and handling firearms, particularly handguns.
(2)The responsibilities of ownership of firearms, particularly handguns.
(3)Current law as it relates to the private sale and transfer of firearms.
(4)Current law as it relates to the permissible use of lethal force.
(5)What constitutes safe firearm storage.
(6)Issues associated with bringing a firearm into the home, including suicide.
(7)Prevention strategies to address issues associated with bringing firearms into the home.
(d)Commencing January 1, 2019, the test shall require the applicant to be provided with, and acknowledge receipt of, the following warning information:
(1)Firearms must be handled responsibly and securely stored to prevent access by children and other unauthorized users. California has strict laws pertaining to firearms and you can be fined or imprisoned if you fail to comply with them. Visit the website of the California Attorney General at https://oag.ca.gov/firearms for information on firearm laws applicable to you and how you can comply.
(2)If you decide to sell or give your firearm to someone, you must generally complete a Dealer Record of Sale (DROS) form and conduct the transfer through a licensed firearms dealer. Remember, it is generally a crime to transfer a firearm without first filling out this form. If the police recover a firearm that was involved in a crime, the firearms previous owner may be prosecuted if the previous owner did not fill out the DROS form. Please make sure you go to a licensed firearms dealer and fill out that form if you want to sell or give away your firearm.
(3)If you or someone you know is contemplating suicide, please call the national suicide prevention lifeline at 1-800-273-TALK (8255).
(e)(1)The department shall update test materials related to this article at least once every five years.
(2)The department shall update the internet website referenced in subdivision (d) regularly to reflect current laws and regulations.
(f)A dealer licensed pursuant to Sections 26700 to 26915, inclusive, or an employee, or a managing officer or partner certified as an instructor pursuant to this article, shall designate a separate room or partitioned area for a person to take the objective test, and maintain adequate supervision to ensure that no acts of collusion occur while the objective test is being administered.
(g)This section shall become operative on June 1, 2020.|
Date
|
Status
|
|---|---|
| Sep 26, 2023 | Chaptered by Secretary of State - Chapter 238, Statutes of 2023. |
| Sep 26, 2023 | Approved by the Governor. |
| Sep 14, 2023 | Enrolled and presented to the Governor at 4:30 p.m. |
| Sep 7, 2023 | Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 78. Noes 0. Page 3051.). |
| Sep 7, 2023 | Assembly Rule 77 suspended. (Page 3011.) |
| Sep 6, 2023 | In Assembly. Concurrence in Senate amendments pending. May be considered on or after September 8 pursuant to Assembly Rule 77. |
| Sep 6, 2023 | Read third time. Passed. Ordered to the Assembly. (Ayes 40. Noes 0. Page 2399.). |
| Aug 31, 2023 | Read second time. Ordered to third reading. |
| Aug 30, 2023 | Read third time and amended. Ordered to second reading. |
| Aug 30, 2023 | Ordered to third reading. |
| Aug 30, 2023 | Action rescinded whereby the bill was read third time, passed, and to Assembly. |
| Aug 24, 2023 | In Senate. Held at Desk. |
| Aug 24, 2023 | Ordered to the Senate. |
| Jun 29, 2023 | In Assembly. Concurrence in Senate amendments pending. May be considered on or after July 1 pursuant to Assembly Rule 77. |
| Jun 29, 2023 | Read third time. Passed. Ordered to the Assembly. (Ayes 39. Noes 0. Page 1828.). |
| Jun 27, 2023 | Read second time. Ordered to Consent Calendar. |
| Jun 26, 2023 | From committee: Be ordered to second reading file pursuant to Senate Rule 28.8 and ordered to Consent Calendar. |
| Jun 7, 2023 | Read second time and amended. Re-referred to Com. on APPR. |
| Jun 6, 2023 | From committee: Amend, and do pass as amended and re-refer to Com. on APPR with recommendation: To Consent Calendar. (Ayes 5. Noes 0.) (June 6). |
| May 10, 2023 | Referred to Com. on PUB S. |
| Apr 27, 2023 | In Senate. Read first time. To Com. on RLS. for assignment. |
| Apr 27, 2023 | Read third time. Passed. Ordered to the Senate. (Ayes 79. Noes 0. Page 1364.) |
| Apr 20, 2023 | Read second time. Ordered to Consent Calendar. |
| Apr 19, 2023 | From committee: Do pass. To Consent Calendar. (Ayes 14. Noes 0.) (April 19). |
| Mar 22, 2023 | From committee: Do pass and re-refer to Com. on APPR. with recommendation: To Consent Calendar. (Ayes 8. Noes 0.) (March 21). Re-referred to Com. on APPR. |
| Feb 23, 2023 | Referred to Com. on PUB. S. |
| Feb 14, 2023 | From printer. May be heard in committee March 16. |
| Feb 13, 2023 | Read first time. To print. |
|
Date
|
Description
|
Location
|
Votes
|
|
|---|---|---|---|---|
| Sep 7, 2023 | AB 724 Vince Fong Concurrence in Senate Amendments | Assembly Floor |
Passed |
|
| Sep 6, 2023 | Assembly 3rd Reading AB724 Vince Fong By Ochoa Bogh | Senate Floor |
Passed |
|
| Jun 29, 2023 | Consent Calendar AB724 Vince Fong By Ochoa Bogh | Senate Floor |
Passed |
|
| Jun 6, 2023 | Do pass as amended, but first amend, and re-refer to the Committee on [Appropriations] with the recommendation: To Consent Calendar | Senate Standing Committee on Public Safety |
Passed |
|
| Apr 27, 2023 | AB 724 Vince Fong Consent Calendar Second Day Regular Session | Assembly Floor |
Passed |
|
| Apr 19, 2023 | Do pass. To Consent Calendar. | Assembly Standing Committee on Appropriations |
Passed |
|
| Mar 21, 2023 | Do pass and be re-referred to the Committee on [Appropriations] with recommendation: To Consent Calendar | Assembly Standing Committee on Public Safety |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
|
Organization
|
Position
|
Date
|
|---|---|---|
| Asian Pacific American Gun Owners Association | ** Support | |
| Conference of California Bar Associations | ** Support |
CONCURRENCE IN SENATE AMENDMENTS
CSA1 Bill Id:AB 724
Author:(Vince Fong)
As Amended Ver:August 30, 2023
Majority vote
SUMMARY
Requires the Department of Justice (DOJ) to develop firearm safety certificate materials and tests in other specified languages besides English and Spanish.
Senate Amendments
- Add Dari to the list of languages for firearm safety certificate materials and tests.
- Double joint this bill with AB 1598 (Berman) of the current legislative session to avoid chaptering out issues.
COMMENTS
As passed by the Assembly, this bill:
- Required DOJ to develop an instruction manual for a firearm safety certificate in traditional Chinese, simplified Chinese, Tagalog, Vietnamese, Korean, and Armenian.
- Required DOJ to develop audiovisual materials for certified firearm safety instructors in traditional Chinese, simplified Chinese, Tagalog, Vietnamese, Korean, and Armenian
- Expanded the languages of the written and oral test for a firearm safety certificate to include traditional Chinese, simplified Chinese, Tagalog, Vietnamese, Korean, and Armenian, to be administered by an instructor certified by DOJ.
- Required DOJ to offer an oral test for a firearm safety certificate, if the person is unable to read in traditional Chinese, simplified Chinese, Tagalog, Vietnamese, Korean, and Armenian to be administered orally by a translator.
According to the Author
"California's population is constantly growing to include people from different cultural backgrounds. Our firearm safety courses should reflect this diversity by expanding access to important safety training materials. AB 724 will make the Firearms Safety Certificate study guide and test available in traditional Chinese, simplified Chinese, Tagalog, Vietnamese, Korean, and Armenian. By expanding linguistic access, this bill embraces the diversity of all Californians, encourages informed firearms ownership, and promotes public safety."
Arguments in Support
According to the Conference of California Bar Associations, the Sponsor of this bill, ""In California, a civilian who wishes to acquire or purchase a firearm must first obtain a Firearm Safety Certificate, which requires passing a written, objective test on their knowledge of firearms laws and regulations, firearms safety rules, and the risks involved with firearms ownership. According to Everytown for Gun Safety, 'It is critical that gun buyers and permit applicants are given safety information. Requiring gun dealers to inform purchasers of the risks associated with firearms allows buyers to make educated decisions about owning and storing guns and is a meaningful step towards preventing gun violence.' (https://www.everytown.org/solutions/educate-gun-owners.)
"Currently, Penal Code sections 31630 and 31640 require California's official study and testing materials for a Firearm Safety Certificate to be offered in English and Spanish only. But as the most recent Census data indicates, California can and should do more to improve access to its published materials in the native language of its residents, by including traditional Chinese, simplified Chinese, Korean, Vietnamese, and Armenian, consistent with the findings and enactment of AB 138 in the previous legislative session.
"Supporting the inclusion and education of all Californians, AB 724 encourages informed firearms ownership, reduces the risk of accidents and misuse, and promotes public safety."
Arguments in Opposition
None submitted.
FISCAL COMMENTS
Unknown
VOTES:
ASM PUBLIC SAFETY: 8-0-0
YES: Jones-Sawyer, Alanis, Bonta, Bryan, Lackey, Ortega, Santiago, Zbur
ASM APPROPRIATIONS: 14-0-2
YES: Holden, Megan Dahle, Calderon, Wendy Carrillo, Dixon, Mike Fong, Hart, Lowenthal, Mathis, Papan, Robert Rivas, Sanchez, Weber, Wilson
ABS, ABST OR NV: Bryan, Pellerin
ASSEMBLY FLOOR: 79-0-1
YES: Addis, Aguiar-Curry, Alanis, Alvarez, Arambula, Bains, Bauer-Kahan, Bennett, Berman, Boerner, Bonta, Bryan, Calderon, Juan Carrillo, Wendy Carrillo, Cervantes, Chen, Connolly, Megan Dahle, Davies, Dixon, Essayli, Flora, Mike Fong, Vince Fong, Friedman, Gabriel, Gallagher, Garcia, Gipson, Grayson, Haney, Hart, Holden, Hoover, Irwin, Jackson, Jones‑Sawyer, Kalra, Lackey, Lee, Low, Lowenthal, Maienschein, Mathis, McCarty, McKinnor, Muratsuchi, Stephanie Nguyen, Ortega, Pacheco, Papan, Joe Patterson, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Reyes, Luz Rivas, Robert Rivas, Rodriguez, Blanca Rubio, Sanchez, Santiago, Schiavo, Soria, Ta, Ting, Valencia, Villapudua, Waldron, Wallis, Ward, Weber, Wicks, Wilson, Wood, Zbur, Rendon
ABS, ABST OR NV: Jim Patterson
SENATE FLOOR: 40-0-0
YES: Allen, Alvarado-Gil, Archuleta, Ashby, Atkins, Becker, Blakespear, Bradford, Caballero, Cortese, Dahle, Dodd, Durazo, Eggman, Glazer, Gonzalez, Grove, Hurtado, Jones, Laird, Limón, McGuire, Menjivar, Min, Newman, Nguyen, Niello, Ochoa Bogh, Padilla, Portantino, Roth, Rubio, Seyarto, Skinner, Smallwood-Cuevas, Stern, Umberg, Wahab, Wiener, Wilk
SENATE FLOOR: 39-0-1
YES: Allen, Archuleta, Ashby, Atkins, Becker, Blakespear, Bradford, Caballero, Cortese, Dahle, Dodd, Durazo, Eggman, Glazer, Gonzalez, Grove, Hurtado, Jones, Laird, Limón, McGuire, Menjivar, Min, Newman, Nguyen, Niello, Ochoa Bogh, Padilla, Portantino, Roth, Rubio, Seyarto, Skinner, Smallwood-Cuevas, Stern, Umberg, Wahab, Wiener, Wilk
ABS, ABST OR NV: Alvarado-Gil
UPDATED
VERSION: August 30, 2023
CONSULTANT: Elizabeth Potter / PUB. S. / (916) 319-3744 FN: 0001864
SENATE RULES COMMITTEE Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | AB 724 |
THIRD READING
Bill No: AB 724
Author: Vince Fong (R)
Amended: 8/30/23 in Senate
Vote: 21
SENATE PUBLIC SAFETY COMMITTEE: 5-0, 6/6/23
AYES: Wahab, Ochoa Bogh, Bradford, Skinner, Wiener
SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8
SENATE FLOOR: 39-0, 6/29/23 (Consent)
AYES: Allen, Archuleta, Ashby, Atkins, Becker, Blakespear, Bradford, Caballero, Cortese, Dahle, Dodd, Durazo, Eggman, Glazer, Gonzalez, Grove, Hurtado, Jones, Laird, Limón, McGuire, Menjivar, Min, Newman, Nguyen, Niello, Ochoa Bogh, Padilla, Portantino, Roth, Rubio, Seyarto, Skinner, Smallwood-Cuevas, Stern, Umberg, Wahab, Wiener, Wilk
NO VOTE RECORDED: Alvarado-Gil
ASSEMBLY FLOOR: 79-0, 4/27/23 (Consent) - See last page for vote
SUBJECT: Firearms: safety certificate instructional materials
SOURCE: Conference of California Bar Associations
DIGEST:
This bill requires the Department of Justice (DOJ) to develop firearm safety certificate materials and tests in specified languages besides English and Spanish.
Senate Floor Amendments of 8/30/23 include double-jointing amendments to resolve potential chaptering conflicts with AB 1598 (Berman).
ANALYSIS:
Existing law:
- Provides that a licensed firearm dealer shall not deliver a firearm unless the person receiving the firearm presents to the dealer a valid firearm safety certificate. The firearm dealer shall retain a photocopy of the firearm safety certificate as proof of compliance. (Pen. Code §26840, subd. (a).)
- Establishes the intent of the Legislature in enacting specified provisions to require that persons who obtain firearms have a basic familiarity with those firearms, including, but not limited to, the safe handling and storage of those firearms. (Pen. Code, §31610)
- Provides that a person shall not purchase or receive any firearm, except an antique firearm, without a valid firearm safety certificate, except as specified. (Pen. Code, §31615, subd. (a).)
- Provides that a person shall not sell, deliver, loan, or transfer any firearm, except an antique firearm, to any person who does not have a valid firearm safety certificate, except as specified. (Pen. Code, §31615, subd. (a).)
- Requires DOJ to develop a firearm safety certificate instruction manual in English and Spanish. (Pen. Code, § 31630, subd. (a).)
- Requires DOJ to make the firearm safety certificate instruction manual available to licensed firearm dealers, who are required to make it available to the general public. (Pen. Code, § 31630, subd. (a).)
- Requires DOJ to develop audiovisual materials for firearm safety in English and Spanish and issue them to instructors certified by DOJ. (Pen. Code, § 31630, subd. (b).)
- Requires DOJ to solicit input from any reputable association or organization, including any law enforcement association that has as one of its objectives the promotion of firearm safety for the development of firearm safety certificate instructional materials. (Pen. Code, §31630, subd. (c).)
- Requires the instruction manual to prominently include the following firearm warning: Firearms must be handled responsibly and securely stored to prevent access by children and other unauthorized users. California has strict laws pertaining to firearms, and you can be fined or imprisoned if you fail to comply with them. Visit the Web site of the California Attorney General at https://oag.ca.gov/firearms for information on firearm laws applicable to you and how you can comply. (Pen. Code, § 31630, subd. (d).
- Requires DOJ to develop a written objective test, in English and Spanish, and prescribe its content, form, and manner, to be administered by an instructor certified by DOJ. (Pen. Code, § 31640, subd. (a).)
- Requires a test to be administered orally by a translator, if the person taking the test is unable to read English or Spanish. (Pen. Code, § 31640, subd. (b).)
- Requires the test to cover several specified topics. (Pen. Code, § 31640, subds, (c)(1)-(7).)
- Provides that the test shall require the applicant to be provided with, and acknowledge receipt of, the specified warning information. (Pen. Code, § 31640, subd. (d)(1)-(3).)
- Requires DOJ to update test materials at least once every five years and to update its internet website to reflect current laws and regulations. (Pen. Code, § 31640, subd. (e)(1), (2).)
- Requires a licensed dealer, as specified, an employee, or a managing officer or partner certified as an instructor to designate a separate room or partitioned area for a person to take the objective test, and maintain adequate supervision to ensure that no acts of collusion occur while the objective test is being administered. (Pen. Code, § 31640, subd. (f).)
- Prohibits a dealer, except as specified, from delivering a handgun unless the person receiving the handgun presents to the dealer a valid handgun safety certificate. (Pen. Code, § 26840.)
- Provides that DOJ shall develop handgun safety certificates, which expire five years after the date of issue, to be issued by DOJ-certified instructors to those persons who have complied with specified requirements, and that handgun safety certificates shall include specified information. (Pen. Code, § 31655, subds. (a)-(c).)
This bill:
- Requires the DOJ to develop an instruction manual for firearm safety certificate applicants in traditional Chinese, simplified Chinese, Tagalog, Vietnamese, Korean, Dari and Armenian.
- Requires the DOJ to develop audiovisual materials for certified firearm safety instructors in traditional Chinese, simplified Chinese, Tagalog, Vietnamese, Korean, Dari and Armenian.
- Provides that the written test for firearm safety certificate applicants developed by the DOJ shall, in addition to English and Spanish, be provided in traditional Chinese, simplified Chinese, Tagalog, Vietnamese, Korean, Dari and Armenian.
Provides that if the person taking the test is unable to read any of the languages above, the test may be administered orally by a translator.
FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: No
SUPPORT: (Verified 8/29/23)
Conference of California Bar Associations (source)
Asian Pacific American Gun Owners Association
OPPOSITION: (Verified 8/29/23)
None known
ASSEMBLY FLOOR: 79-0, 4/27/23
AYES: Addis, Aguiar-Curry, Alanis, Alvarez, Arambula, Bains, Bauer-Kahan, Bennett, Berman, Boerner, Bonta, Bryan, Calderon, Juan Carrillo, Wendy Carrillo, Cervantes, Chen, Connolly, Megan Dahle, Davies, Dixon, Essayli, Flora, Mike Fong, Vince Fong, Friedman, Gabriel, Gallagher, Garcia, Gipson, Grayson, Haney, Hart, Holden, Hoover, Irwin, Jackson, Jones-Sawyer, Kalra, Lackey, Lee, Low, Lowenthal, Maienschein, Mathis, McCarty, McKinnor, Muratsuchi, Stephanie Nguyen, Ortega, Pacheco, Papan, Joe Patterson, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Reyes, Luz Rivas, Robert Rivas, Rodriguez, Blanca Rubio, Sanchez, Santiago, Schiavo, Soria, Ta, Ting, Valencia, Villapudua, Waldron, Wallis, Ward, Weber, Wicks, Wilson, Wood, Zbur, Rendon
NO VOTE RECORDED: Jim Patterson
Prepared by: Alex Barnett / PUB. S. /
8/31/23 10:46:59
**** END ****
CONCURRENCE IN SENATE AMENDMENTS
CSA1 Bill Id:AB 724
Author:(Vince Fong)
As Amended Ver:June 7, 2023
Majority vote
SUMMARY
Requires the Department of Justice (DOJ) to develop firearm safety certificate materials and tests in other specified languages besides English and Spanish.
Senate Amendments
Add Dari to the list of languages for firearm safety certificate materials and tests.
COMMENTS
As passed by the Assembly, this bill:
- Required DOJ to develop an instruction manual for a firearm safety certificate in traditional Chinese, simplified Chinese, Tagalog, Vietnamese, Korean, and Armenian.
- Required DOJ to develop audiovisual materials for certified firearm safety instructors in traditional Chinese, simplified Chinese, Tagalog, Vietnamese, Korean, and Armenian.
- Expanded the languages of the written and oral test for a firearm safety certificate to include traditional Chinese, simplified Chinese, Tagalog, Vietnamese, Korean, and Armenian, to be administered by an instructor certified by DOJ.
- Required DOJ to offer an oral test for a firearm safety certificate, if the person is unable to read in traditional Chinese, simplified Chinese, Tagalog, Vietnamese, Korean, and Armenian to be administered orally by a translator.
According to the Author
"California's population is constantly growing to include people from different cultural backgrounds. Our firearm safety courses should reflect this diversity by expanding access to important safety training materials. AB 724 will make the Firearms Safety Certificate study guide and test available in traditional Chinese, simplified Chinese, Tagalog, Vietnamese, Korean, and Armenian. By expanding linguistic access, this bill embraces the diversity of all Californians, encourages informed firearms ownership, and promotes public safety."
Arguments in Support
According to the Conference of California Bar Associations, the Sponsor of this bill, "In California, a civilian who wishes to acquire or purchase a firearm must first obtain a Firearm Safety Certificate, which requires passing a written, objective test on their knowledge of firearms laws and regulations, firearms safety rules, and the risks involved with firearms ownership. According to Everytown for Gun Safety, 'It is critical that gun buyers and permit applicants are given safety information. Requiring gun dealers to inform purchasers of the risks associated with firearms allows buyers to make educated decisions about owning and storing guns and is a meaningful step towards preventing gun violence.' [https://www.everytown.org/solutions/educate-gun-owners.]
"Currently, Penal Code Sections 31630 and 31640 require California's official study and testing materials for a Firearm Safety Certificate to be offered in English and Spanish only. But as the most recent Census data indicates, California can and should do more to improve access to its published materials in the native language of its residents, by including traditional Chinese, simplified Chinese, Korean, Vietnamese, and Armenian, consistent with the findings and enactment of AB 138 in the previous legislative session.
"Supporting the inclusion and education of all Californians, AB 724 encourages informed firearms ownership, reduces the risk of accidents and misuse, and promotes public safety."
Arguments in Opposition
None submitted.
FISCAL COMMENTS
VOTES:
ASM PUBLIC SAFETY: 8-0-0
YES: Jones-Sawyer, Alanis, Bonta, Bryan, Lackey, Ortega, Santiago, Zbur
ASM APPROPRIATIONS: 14-0-2
YES: Holden, Megan Dahle, Calderon, Wendy Carrillo, Dixon, Mike Fong, Hart, Lowenthal, Mathis, Papan, Robert Rivas, Sanchez, Weber, Wilson
ABS, ABST OR NV: Bryan, Pellerin
ASSEMBLY FLOOR: 79-0-1
YES: Addis, Aguiar-Curry, Alanis, Alvarez, Arambula, Bains, Bauer-Kahan, Bennett, Berman, Boerner, Bonta, Bryan, Calderon, Juan Carrillo, Wendy Carrillo, Cervantes, Chen, Connolly, Megan Dahle, Davies, Dixon, Essayli, Flora, Mike Fong, Vince Fong, Friedman, Gabriel, Gallagher, Garcia, Gipson, Grayson, Haney, Hart, Holden, Hoover, Irwin, Jackson, Jones- Sawyer, Kalra, Lackey, Lee, Low, Lowenthal, Maienschein, Mathis, McCarty, McKinnor, Muratsuchi, Stephanie Nguyen, Ortega, Pacheco, Papan, Joe Patterson, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Reyes, Luz Rivas, Robert Rivas, Rodriguez, Blanca Rubio, Sanchez, Santiago, Schiavo, Soria, Ta, Ting, Valencia, Villapudua, Waldron, Wallis, Ward, Weber, Wicks, Wilson, Wood, Zbur, Rendon
ABS, ABST OR NV: Jim Patterson
SENATE FLOOR: 39-0-1
YES: Allen, Archuleta, Ashby, Atkins, Becker, Blakespear, Bradford, Caballero, Cortese, Dahle, Dodd, Durazo, Eggman, Glazer, Gonzalez, Grove, Hurtado, Jones, Laird, Limón, McGuire, Menjivar, Min, Newman, Nguyen, Niello, Ochoa Bogh, Padilla, Portantino, Roth, Rubio, Seyarto, Skinner, Smallwood-Cuevas, Stern, Umberg, Wahab, Wiener, Wilk
ABS, ABST OR NV: Alvarado-Gil
UPDATED
VERSION: June 7, 2023
CONSULTANT: Elizabeth Potter / PUB. S. / (916) 319-3744 FN: 0001175
SENATE COMMITTEE ON PUBLIC SAFETY
Senator Aisha Wahab, Chair
2023 - 2024 Regular
Bill No: AB 724 Hearing Date: June 6, 2023
Author: | Vince Fong | ||
Version: | February 13, 2023 | ||
Urgency: | No | Fiscal: | Yes |
Consultant: | AB | ||
Subject: Firearms: safety certificate instructional materials
HISTORY
Source: Conference of California Bar Associations
Prior Legislation: AB 138 (Committee on Budget, Ch. 78, Stats. of 2021)
SB 1289 (Committee on Judiciary, Ch. 92, Stats. of 2018)
AB 1525 (Baker, Ch. 92, Stats. of 2017)
AB 683 (Block, Ch. 761, Stats. of 2013)
AB 52 (Scott, Ch. 942, Stats. of 2001)
Support: Asian Pacific American Gun Owners Association
Opposition: None known
Assembly Floor Vote: 79 - 0
PURPOSE
The purpose of this bill is to require the Department of Justice to develop firearm safety certificate materials and tests in specified languages besides English and Spanish
Existing law provides that a licensed firearm dealer shall not deliver a firearm unless the person receiving the firearm presents to the dealer a valid firearm safety certificate. The firearm dealer shall retain a photocopy of the firearm safety certificate as proof of compliance. (Pen. Code §26840, subd. (a).)
Existing law establishes the intent of the Legislature in enacting specified provisions to require that persons who obtain firearms have a basic familiarity with those firearms, including, but not limited to, the safe handling and storage of those firearms. (Pen. Code, §31610)
Existing law provides that a person shall not purchase or receive any firearm, except an antique firearm, without a valid firearm safety certificate, except as specified. (Pen. Code, §31615, subd. (a).)
Existing law provides that a person shall not sell, deliver, loan, or transfer any firearm, except an antique firearm, to any person who does not have a valid firearm safety certificate, except as specified. (Pen. Code, §31615, subd. (a).)
Existing law requires DOJ to develop a firearm safety certificate instruction manual in English and Spanish. (Pen. Code, § 31630, subd. (a).)
Existing law requires DOJ to make the firearm safety certificate instruction manual available to licensed firearm dealers, who are required to make it available to the general public. (Pen. Code, § 31630, subd. (a).)
Existing law requires DOJ to develop audiovisual materials for firearm safety in English and Spanish and issue them to instructors certified by DOJ. (Pen. Code, § 31630, subd. (b).)
Existing law requires DOJ to solicit input from any reputable association or organization, including any law enforcement association that has as one of its objectives the promotion of firearm safety for the development of firearm safety certificate instructional materials. (Pen. Code, §31630, subd. (c).)
Existing law requires the instruction manual to prominently include the following firearm warning: Firearms must be handled responsibly and securely stored to prevent access by children and other unauthorized users. California has strict laws pertaining to firearms, and you can be fined or imprisoned if you fail to comply with them. Visit the Web site of the California Attorney General at https://oag.ca.gov/firearms for information on firearm laws applicable to you and how you can comply. (Pen. Code, § 31630, subd. (d).
Existing law requires DOJ to develop a written objective test, in English and Spanish, and prescribe its content, form, and manner, to be administered by an instructor certified by DOJ. (Pen. Code, § 31640, subd. (a).)
Existing law requires a test to be administered orally by a translator, if the person taking the test is unable to read English or Spanish. (Pen. Code, §,31640, subd. (b).)
Existing law requires the test to cover, but not be limited to, all of the following:
- Laws applicable to carrying and handling firearms, particularly handguns;
- The responsibilities of ownership of firearms, particularly handguns;
- Current law for the private sale and transfer of firearms;
- Current law for the permissible use of lethal force;
- Safe firearm storage;
- Issues associated with brining a firearm into the home, including suicide; and,
- Prevention strategies to address issues associated with brining firearms into the home. . (Pen. Code, § 31640, subds, (c)(1)-(7).)
Existing law, commencing January 1, 2019, provides that the test shall require the applicant to be provided with, and acknowledge receipt of, the following warning information:
- “Firearms must be handled responsibly and securely stored to prevent access by children and other unauthorized users. California has strict laws pertaining to firearms and you can be fined or imprisoned if you fail to comply with them. Visit the website of the California Attorney General at https://oag.ca.gov/firearms for information on firearm laws applicable to you and how you can comply”;
- “If you decide to sell or give your firearm to someone, you must generally complete a ‘Dealer Record of Sale (DROS)’ form and conduct the transfer through a licensed firearms dealer. Remember, it is generally a crime to transfer a firearm without first filling out this form. If the police recover a firearm that was involved in a crime, the firearm’s previous owner may be prosecuted if the previous owner did not fill out the DROS form. Please make sure you go to a licensed firearms dealer and fill out that form if you want to sell or give away your firearm.”; and,
- “If you or someone you know is contemplating suicide, please call the national suicide prevention lifeline at 1-800-273-TALK (8255).” (Pen. Code, § 31640, subd. (d)(1)-(3).)
- “Firearms must be handled responsibly and securely stored to prevent access by children and other unauthorized users. California has strict laws pertaining to firearms and you can be fined or imprisoned if you fail to comply with them. Visit the website of the California Attorney General at https://oag.ca.gov/firearms for information on firearm laws applicable to you and how you can comply”;
Existing law requires DOJ to update test materials at least once every five years and to update its internet website to reflect current laws and regulations. (Pen. Code, § 31640, subd. (e)(1), (2).)
Existing law requires a licensed dealer, as specified, an employee, or a managing officer or partner certified as an instructor to designate a separate room or partitioned area for a person to take the objective test, and maintain adequate supervision to ensure that no acts of collusion occur while the objective test is being administered. (Pen. Code, § 31640, subd. (f).)
Existing law prohibits a dealer, except as specified, from delivering a handgun unless the person receiving the handgun presents to the dealer a valid handgun safety certificate. (Pen. Code, § 26840.)
Existing law provides that DOJ shall develop handgun safety certificates, which expire 5 years after the date of issue, to be issued by DOJ-certified instructors to those persons who have complied with specified requirements. A handgun safety certificate shall include, but not be limited to, the following information:
- A unique handgun safety certificate identification number;
- The holder’s full name;
- The holder’s date of birth;
- The holder’s driver’s license or identification number;
- The holder’s signature;
- The signature of the issuing instructor; and,
- The date of issuance. (Pen. Code, § 31655, subds. (a)-(c).)
- A unique handgun safety certificate identification number;
This bill requires the DOJ to develop an instruction manual for firearm safety certificate applicants in traditional Chinese, simplified Chinese, Tagalog, Vietnamese, Korean and Armenian.
This bill requires the DOJ to develop audiovisual materials for certified firearm safety instructors in traditional Chinese, simplified Chinese, Tagalog, Vietnamese, Korean and Armenian.
This bill provides that the written test for firearm safety certificate applicants developed by the DOJ shall, in addition to English and Spanish, be provided in traditional Chinese, simplified Chinese, Tagalog, Vietnamese, Korean and Armenian.
This bill provides that if the person taking the test is unable to read any of the languages above, the test may be administered orally by a translator.
COMMENTS
- Need for This Bill
According to the Author:
There was a 43% increase of Asian Americans buying firearms in 2020 compared to 2019, according to the National Shooting Sports Foundation. Yet, California’s Firearm Safety Certificate study and testing materials are offered in English and Spanish only. Supported by existing laws that have expanded linguistic access and the most recent Census data, Assembly Bill 724 would make California’s official study guide and test for a Firearm Safety Certificate available in traditional Chinese, simplified Chinese, Tagalog, Vietnamese, Korean, and Armenian. Over 43% of households in California speak a language other than English. Recognizing that education and testing are essential for making an informed decision about firearms ownership and learning how to use and possess firearms safely, the official study and testing materials for a Firearms Safety Certificate should be made available in multiple languages, reflecting California’s linguistic diversity. By expanding linguistic access, this bill supports the inclusion of all Californians, encourages informed firearms ownership, and promotes public safety.
- Firearm Safety Certificates
Beginning in 1993, possession of a handgun safety certificate was required to transfer firearms, and the Department of Justice was required to develop the process for individuals to obtain a handgun safety certificate. Exemptions were provided for specific classes of individuals who did not need to obtain a firearm safety certificate, such as peace officers and persons with concealed carry permits, and for specific firearm transfers.[1] Senate Bill 52 (Scott), Chapter 942, Statutes of 2001, repealed the basic firearms safety certificate scheme and replaced it with the more stringent handgun safety certificate scheme. SB 52 provided that, effective January 1, 2003, no person may purchase, transfer, receive, or sell a handgun without a Handgun Safety Certificate (HSC). SB 1080 (Committee on Public Safety, Ch. 711, Statutes of 2010), required DOJ to prepare a pamphlet that summarizes California firearms laws as they pertain to a person other than law enforcement officers of members of the armed services. This pamphlet included, but was not limited to, the following: lawful possession, licensing procedures, transportation and use of firearms, the acquisition of hunting licenses, and other provisions as specified.
In 2013, Senate Bill 683 (Block, Ch. 761, Stats. of 2013) changed the name of the Handgun Safety Certificate program to the Firearm Safety Certificate program and applied the requirements to all firearms, including handguns and long guns. Under SB 693, the DOJ was required to develop a firearm safety certificate instruction manual in both English and Spanish and make the manual available to licensed firearms dealers, who were in turn required to provide the manual to the general public. The firearm safety certificate manual, as well as study guides in both English and Spanish, can now be found on the Attorney General’s internet website.[2] These materials educate the public about their legal responsibilities and risks related to firearm ownership and includes information on firearm accidents and misuse.
Citing the increase in Asian-American gun ownership over the past several years, as well as recent legislation requiring all standard information employee pamphlets concerning unemployment and disability insurance programs to be printed in the top 7 non-English languages used by limited English proficient adults in California, the Author seeks to make FSC materials more accessible to individuals other than English and Spanish speakers.[3] This bill requires the DOJ to develop the FSC instruction manual, associated audiovisual materials for certified instructors, and the FSC test in traditional Chinese, simplified Chinese, Tagalog, Vietnamese, Korean and Armenian, in addition to the English and Chinese versions already required under existing law.
- Argument in Support
According to the Asian Pacific American Gun Owners Association:
There was a 43% increase of Asian Pacific Americans buying firearms in 2020 compared to 2019, according to the National Shooting Sports Foundation. Clearly, Asian Pacific Americans want to participate in firearms ownership.
Currently, California’s Firearm Safety Certificate (FSC) study and testing materials are offered in English and Spanish only. Supported by existing laws that have expanded linguistic access and the most recent Census data, Assembly Bill 724 would make California’s official study guide and test for a Firearm Safety Certificate available in traditional Chinese, simplified Chinese, Tagalog, Vietnamese, Korean, and Armenian.
If California is unable to provide its constituents with equitable resources regarding responsible firearms ownership (with the same level of effort the California Department of Motor Vehicles provides the Driver’s Handbook in multiple languages), then the state runs the risk denying equitable access to many eligible, law-abiding residents. In following with the FSC Program, we affirm that education and testing are essential for making an informed decision about firearms ownership and that the official study guide and testing materials for the FSC should be made available in multiple languages. This reflects California’s linguistic diversity and aligns with providing more equitable access for all residents.
-- END –
See Penal Code §§31700 et. seq. ↑
Firearm Safety Certificate Publications | State of California - Department of Justice - Office of the Attorney General ↑
See AB 138 (Committee on Budget, Ch. 78, Stats. of 2021). ↑
Date of Hearing: April 19, 2023
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Chris Holden, Chair
ABPCA Bill Id:AB 724
Author:(Vince Fong) – As Introduced Ver:February 13, 2023
Policy Committee: | Public Safety | Vote: | 8 - 0 |
|
| ||
|
|
Urgency: No State Mandated Local Program: No Reimbursable: No
SUMMARY:
This bill requires the Department of Justice (DOJ) to develop specified Firearm Safety Certificate written and audiovisual materials in traditional Chinese, simplified Chinese, Tagalog, Vietnamese, Korean, and Armenian. This bill also allows the Firearms Safety Certificate test to be administered orally by a translator if a person taking the test cannot read the written materials in any of the available languages.
FISCAL EFFECT:
DOJ reports one-time costs to the Firearms Safety and Enforcement Special Fund of approximately $38,000 to hire an outside vendor to translate the existing documents into the languages required by this bill, to draft an informational bulletin about the new materials, and to conduct User Acceptance Testing.
COMMENTS:
- Author’s Statement. According to the author:
California’s population is constantly growing to include people from different cultural backgrounds. Our firearm safety courses should reflect this diversity by expanding access to important safety training materials. AB 724 will make the Firearms Safety Certificate study guide and test available in traditional Chinese, simplified Chinese, Tagalog, Vietnamese, Korean, and Armenian. By expanding linguistic access, this bill embraces the diversity of all Californians, encourages informed firearms ownership, and promotes public safety.
- Firearms Safety Certificates. Generally, a member of the public who wishes to purchase, transfer, receive, or sell a firearm must first obtain a Firearm Safety Certificate from the DOJ by reviewing a DOJ instruction manual and passing a written safety exam administered by a certified instructor. Peace officers, members of the military, special weapons permit holders, and specified others are exempt from the requirement to obtain a Firearm Safety Certificate. Existing law requires the DOJ to make its written and audiovisual Firearms Safety Certificate materials available in English and Spanish.
This bill requires the DOJ to prepare versions of its written and audiovisual Firearm Safety Certificate materials in traditional Chinese, simplified Chinese, Tagalog, Vietnamese, Korean, and Armenian. This change will make the Firearm Safety Certificate test and related safety materials more readily accessible to Californians who speak these languages.
Analysis Prepared by: Annika Carlson / APPR. / (916) 319-2081
Date of Hearing: March 21, 2023
Consultant: Elizabeth Potter
ASSEMBLY COMMITTEE ON
Reginald Byron Jones-Sawyer, Sr., Chair
ABPCA Bill Id:
Author:() – As Ver:
SUMMARY:
Requires the Department of Justice (DOJ) to develop firearm safety certificate materials and tests in other specified languages besides English and Spanish. Specifically, this bill:
- Requires DOJ to develop an instruction manual for a firearm safety certificate in traditional Chinese, simplified Chinese, Tagalog, Vietnamese, Korean, and Armenian.
- Requires DOJ to develop audiovisual materials for certified firearm safety instructors in traditional Chinese, simplified Chinese, Tagalog, Vietnamese, Korean, and Armenian.
- Expands the languages of the written and oral test for a firearm safety certificate to include traditional Chinese, simplified Chinese, Tagalog, Vietnamese, Korean, and Armenian, to be administered by an instructor certified by DOJ.
- Requires DOJ to offer an oral test for a firearm safety certificate, if the person is unable to read in traditional Chinese, simplified Chinese, Tagalog, Vietnamese, Korean, and Armenian to be administered orally by a translator.
EXISTING LAW:
- Requires DOJ to develop a firearm safety certificate instruction manual in English and Spanish. (Pen. Code, § 31630, subd. (a).)
- Requires DOJ to make the firearm safety certificate instruction manual available to licensed firearm dealers, who are required to make it available to the general public. (Pen. Code, § 31630, subd. (a).)
- Requires DOJ to develop audiovisual materials for firearm safety in English and Spanish and issue them to instructors certified by DOJ. (Pen. Code, § 31630, subd. (b).)
- Requires DOJ to solicit input from any reputable association or organization, including any law enforcement association that has as one of its objectives the promotion of firearm safety for the development of firearm safety certificate instructional materials. (Pen. Code, §31630, subd. (c).)
- Requires the instruction manual to prominently include the following firearm warning: Firearms must be handled responsibly and securely stored to prevent access by children and other unauthorized users. California has strict laws pertaining to firearms, and you can be fined or imprisoned if you fail to comply with them. Visit the Web site of the California Attorney General at https://oag.ca.gov/firearms for information on firearm laws applicable to you and how you can comply. (Pen. Code, § 31630, subd. (d).)
- Requires DOJ to develop a written objective test, in English and Spanish, and prescribe its content, form, and manner, to be administered by an instructor certified by DOJ. (Pen. Code, § 31640, subd. (a).)
- Requires a test to be administered orally by a translator, if the person taking the test is unable to read English or Spanish. (Pen. Code, §,31640, subd. (b).)
- Requires the test to cover, but not be limited to, all of the following:
- Laws applicable to carrying and handling firearms, particularly handguns;
- The responsibilities of ownership of firearms, particularly handguns;
- Current law for the private sale and transfer of firearms;
- Current law for the permissible use of lethal force;
- Safe firearm storage;
- Issues associated with brining a firearm into the home, including suicide; and,
- Prevention strategies to address issues associated with brining firearms into the home. . (Pen. Code, § 31640, subds, (c)(1)-(7).)
- Laws applicable to carrying and handling firearms, particularly handguns;
- States that, beginning on January 1, 2019, an applicant be provided with, and acknowledge receipt of, the following information:
- “Firearms must be handled responsibly and securely stored to prevent access by children and other unauthorized users. California has strict laws pertaining to firearms and you can be fined or imprisoned if you fail to comply with them. Visit the website of the California Attorney General at https://oag.ca.gov/firearms for information on firearm laws applicable to you and how you can comply”;
- “If you decide to sell or give your firearm to someone, you must generally complete a ‘Dealer Record of Sale (DROS)’ form and conduct the transfer through a licensed firearms dealer. Remember, it is generally a crime to transfer a firearm without first filling out this form. If the police recover a firearm that was involved in a crime, the firearm’s previous owner may be prosecuted if the previous owner did not fill out the DROS form. Please make sure you go to a licensed firearms dealer and fill out that form if you want to sell or give away your firearm.”; and,
- “If you or someone you know is contemplating suicide, please call the national suicide prevention lifeline at 1-800-273-TALK (8255).” (Pen. Code, § 31640, subd. (d)(1)-(3).)
- “Firearms must be handled responsibly and securely stored to prevent access by children and other unauthorized users. California has strict laws pertaining to firearms and you can be fined or imprisoned if you fail to comply with them. Visit the website of the California Attorney General at https://oag.ca.gov/firearms for information on firearm laws applicable to you and how you can comply”;
- Requires DOJ to update test materials at least once every five years and to update its internet website to reflect current laws and regulations. (Pen. Code, § subd. 31640, subd. (e)(1) & (2).)
- Requires a licensed dealer, as specified, an employee, or a managing officer or partner certified as an instructor to designate a separate room or partitioned area for a person to take the objective test, and maintain adequate supervision to ensure that no acts of collusion occur while the objective test is being administered. (Pen. Code, § 31640, subd. (f).)
- Prohibits a dealer, except as specified, from delivering a handgun unless the person receiving the handgun presents to the dealer a valid handgun safety certificate. (Pen. Code, § 26840.)
- Provides that DOJ shall develop handgun safety certificates, which expire 5 years after the date of issue, to be issued by DOJ-certified instructors to those persons who have complied with specified requirements. A handgun safety certificate shall include, but not be limited to, the following information:
- A unique handgun safety certificate identification number;
- The holder’s full name;
- The holder’s date of birth;
- The holder’s driver’s license or identification number;
- The holder’s signature;
- The signature of the issuing instructor; and,
- The date of issuance. (Pen. Code, § 31655, subds. (a)-(c).)
- A unique handgun safety certificate identification number;
FISCAL EFFECT:
Unknown
COMMENTS:
- Author's Statement: According to the author, “California’s population is constantly growing to include people from different cultural backgrounds. Our firearm safety courses should reflect this diversity by expanding access to important safety training materials. AB 724 will make the Firearms Safety Certificate study guide and test available in traditional Chinese, simplified Chinese, Tagalog, Vietnamese, Korean, and Armenian. By expanding linguistic access, this bill embraces the diversity of all Californians, encourages informed firearms ownership, and promotes public safety.”
- Current Demographics in California: Background information provided by the author’s office states, “Over 43% of households in California speak a language other than English.[1] ‘[T]he five languages other than English that are most widely spoken at home are Spanish, Chinese, Tagalog, Vietnamese, and Korean. They include approximately 3.5 million of the 3.8 million Californians with limited or no English proficiency.’[2] For written languages ‘the top seven non-English languages used by limited English proficient adults in California according to the 2019 American Community Survey by the United States Census Bureau ... are Spanish, traditional Chinese, simplified Chinese, Vietnamese, Tagalog, Korean, and Armenian.’"[3]
This bill expands the languages in which instructional material pertaining to firearms safety and testing materials to obtain a firearm safety certificate are available to account for the most widely used languages statewide. - Firearm Safety Certificates: Beginning in 1993, possession of a handgun safety certificate was required to transfer firearms. The Department of Justice was required to create the requisite process to obtain a handgun safety certificate. Exemptions were provided for specified classes of persons who did not need to either successfully take the course or challenge the course with a specified exam.
SB 52 (Scott), Chapter 942, Statutes of 2001, repealed the basic firearms safety certificate scheme and replaced it with the more stringent handgun safety certificate scheme. SB 52 provided that, effective January 1, 2003, no person may purchase, transfer, receive, or sell a handgun without a Handgun Safety Certificate (HSC). SB 1080, Chapter 711, Statutes of 2010, required DOJ to prepare a pamphlet that summarizes California firearms laws as they pertain to a person other than law enforcement officers of members of the armed services. This pamphlet included, but was not limited to, the following: lawful possession, licensing procedures, transportation and use of firearms, the acquisition of hunting licenses, and other provisions as specified. (Pen. Code §, 34205 (a)(b).) SB 683 (Block) the DOJ was required to develop a firearm safety certificate instruction manual in both English and Spanish and available to licensed firearms dealers who must provide the manual to the general public. This language requirement extends to audio visual aids and tests –both oral and written– in to receive a firearm safety certificate.
This bill would require DOJ to develop all materials and testing requirements in the following languages, traditional Chinese, simplified Chinese, Tagalog, Vietnamese, Korean, and Armenian, in addition to English and Spanish. - Argument in Support: According to the Conference of California Bar Associations, the Sponsor of this bill, ““In California, a civilian who wishes to acquire or purchase a firearm must first obtain a Firearm Safety Certificate, which requires passing a written, objective test on their knowledge of firearms laws and regulations, firearms safety rules, and the risks involved with firearms ownership. According to Everytown for Gun Safety, ‘It is critical that gun buyers and permit applicants are given safety information. Requiring gun dealers to inform purchasers of the risks associated with firearms allows buyers to make educated decisions about owning and storing guns and is a meaningful step towards preventing gun violence.’ (https://www.everytown.org/solutions/educate-gun-owners.)
“Currently, Penal Code sections 31630 and 31640 require California’s official study and testing materials for a Firearm Safety Certificate to be offered in English and Spanish only. But as the most recent Census data indicates, California can and should do more to improve access to its published materials in the native language of its residents, by including traditional Chinese, simplified Chinese, Korean, Vietnamese, and Armenian, consistent with the findings and enactment of AB 138 in the previous legislative session.
“Supporting the inclusion and education of all Californians, AB 724 encourages informed firearms ownership, reduces the risk of accidents and misuse, and promotes public safety.” - Argument in Opposition: None Submitted.
- Related Legislation: SB 241 (Min), would require a licensee and any employees that handle firearms to annually complete specified training. SB 241would also require the DOJ to develop and implement an online training course. SB 241 is pending in the Senate Committee on Public Safety.
- Prior Legislation:
- AB 138 (Committee on Budget), Chapter 78, Statutes of 2021, which, among other things, required all standard information employee pamphlets concerning unemployment and disability insurance programs to be printed in English and the primary languages, defined as the top 7 non-English languages used by limited English proficient adults: Spanish, traditional Chinese, simplified Chinese, Vietnamese, Tagalog, Korean, and Armenian.
- SB 1289 (Committee on Judiciary), Chapter 92, Statutes of 2018, was the annual omnibus bill from the Senate Committee on Judiciary. SB 1289 included provisions that required DOJ to create a firearm safety certificate manual, audio visual aids, and tests –both oral and written – in English and Spanish, among other requirements.
- AB 1525 (Baker), Chapter 825, Statutes of 2017, updates warnings on packaging, instructional manuals, pamphlets, and signs posted at retailers relating to the risks of firearms to reflect recent updates in California law related to firearms.
- SB 683 (Block), Chapter 761, Statutes of 2013, extends the safety certificate requirement for handguns to all firearms and requires the performance of a safe handling demonstration to receive a long gun.
- SB 52 (Scott), Chapter 942, Statutes of 2001, repealed the basic firearms safety certificate scheme and replaced it with the more stringent handgun safety certificate scheme.
- AB 138 (Committee on Budget), Chapter 78, Statutes of 2021, which, among other things, required all standard information employee pamphlets concerning unemployment and disability insurance programs to be printed in English and the primary languages, defined as the top 7 non-English languages used by limited English proficient adults: Spanish, traditional Chinese, simplified Chinese, Vietnamese, Tagalog, Korean, and Armenian.
REGISTERED SUPPORT / OPPOSITION:
Support
Conference of California Bar Associations (Sponsor)
Asian Pacific American Gun Owners Association
Opposition
None Submitted
Analysis Prepared by:
Discussed in Hearing
View Older HearingsBill Author
Bill Co-Author(s):