Existing law makes possession of a firearm by certain classes of persons, including a convicted felon, a person convicted of specified misdemeanors, a person that has been found mentally incompetent to stand trial, a person that has been found not guilty of specified crimes by reason of insanity, or a person that has been placed under conservatorship, a crime. Existing law additionally makes it a crime to sell or give possession of a firearm to these classes of persons prohibited from owning a firearm. Existing law generally makes a violation of the Penal Code a misdemeanor.

Existing law requires the Department of Justice, upon submission of firearm purchaser information by a licensed firearm dealer, to examine its records to determine whether a potential firearm purchaser is prohibited by state or federal law from possessing, receiving, owning, or purchasing a firearm.

This bill would would, by November 1, 2027, require the Department of Justice to develop and launch a system a process to allow a person who resides in California to voluntarily add their own name to, and subsequently remove their own name from, the California Do Not Sell List, with the purpose of preventing the sale or transfer of a firearm to the person who adds their name, as specified. a person who has voluntarily registered on the list from passing a firearms eligibility check to purchase or acquire a firearm from a firearms dealer or through a private-party transaction while they are on the list. The bill would allow a person to add their name to the list by submitting specified information to a sheriff or municipal police department, and would require that sheriff or municipal police department to verify the information and send it to the Department of Justice. By imposing additional duties on local law enforcement, this bill would impose a state-mandated local program. This bill would allow a person, after a specified period of time, to request removal from the list. The bill would make a persons inclusion or removal from the list confidential, except for disclosure to a law enforcement officer acting in the performance of their duties, and would authorize a person whose confidentiality is violated to bring a private civil action for appropriate relief, as specified. require all information provided pursuant to these provisions be kept confidential, require this information be kept separate and apart from all other records maintained by the department, and require this information to be used only for the purposes described above. The bill would prohibit requiring a person to voluntarily waive their firearm rights place themselves on the Do Not Sell List as a condition of employment or of receiving any benefits or services. By creating a new prohibition, this bill would create a new crime and therefore impose a state-mandated local program.

Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.

This bill would make legislative findings to that effect.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason.

With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

Existing law makes possession of a firearm by certain classes of persons, including a convicted felon, a person convicted of specified misdemeanors, a person that has been found mentally incompetent to stand trial, a person that has been found not guilty of specified crimes by reason of insanity, or a person that has been placed under conservatorship, a crime. Existing law additionally makes it a crime to sell or give possession of a firearm to these classes of persons prohibited from owning a firearm. Existing law generally makes a violation of the Penal Code a misdemeanor.

Existing law requires the Department of Justice, upon submission of firearm purchaser information by a licensed firearm dealer, to examine its records to determine whether a potential firearm purchaser is prohibited by state of or federal law from possessing, receiving, owning, or purchasing a firearm.

This bill would require the Department of Justice to develop and launch a system to allow a person who resides in California to voluntarily add their own name to, and subsequently remove their own name from, the California Do Not Sell List, with the purpose of preventing the sale or transfer of a firearm to the person who adds their name, as specified. The bill would allow a person to add their name to the list by submitting specified information to a sheriff or municipal police department, and would require that sheriff or municipal police department to verify the information and send it to the Department of Justice. By imposing additional duties on local law enforcement, this bill would impose a state-mandated local program. This bill would allow a person, after a specified period of time, to request removal from the list. The bill would make a persons inclusion or removal from the list confidential, except for disclosure to a law enforcement officer acting in the performance of their duties, and would authorize a person whose confidentiality is violated to bring a private civil action for appropriate relief, as specified. The bill would prohibit requiring a person to voluntarily waive their firearm rights as a condition of employment or of receiving any benefits or services. By creating a new prohibition, this bill would create a new crime and therefore impose a state-mandated local program.

Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.

This bill would make legislative findings to that effect.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason.

With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

Existing law makes possession of a firearm by certain classes of persons, including a convicted felon, a person convicted of specified misdemeanors, a person that has been found mentally incompetent to stand trial, a person that has been found not guilty of specified crimes by reason of insanity, or a person that has been placed under conservatorship, a crime. Existing law additionally makes it a crime to sell or give possession of a firearm to these classes of persons prohibited from owning a firearm. Existing law generally makes a violation of the Penal Code a misdemeanor.

Existing law requires the Department of Justice, upon submission of firearm purchaser information by a licensed firearm dealer, to examine its records to determine whether a potential firearm purchaser is prohibited by state of federal law from possessing, receiving, owning, or purchasing a firearm. Existing law requires the department to participate in the National Instant Criminal Background Check System.

This bill would require the Department of Justice to develop and launch a system to allow a person who resides in California to voluntarily add their own name to, and subsequently remove their own name from, the California Do Not Sell List, with the purpose of preventing the sale or transfer of a firearm to the person who adds their name, as specified. The bill would allow a person to add their name to the list by submitting specified information to a sheriff or municipal police department, and would require that sheriff or municipal police department to verify the information and send it to the Department of Justice. By imposing additional duties on local law enforcement, this bill would impose a state-mandated local program. The bill would require the department to ensure that information on the list is uploaded and reflected in the National Instant Criminal Background Check System. This bill would allow a person, after a specified period of time, to request removal from the list. The bill would make a persons inclusion or removal from the list confidential, except for disclosure to a law enforcement officer acting in the performance of their duties, and would authorize a person whose confidentiality is violated to bring a private civil action for appropriate relief, as specified. The bill would prohibit requiring a person to voluntarily waive their firearm rights as a condition of employment or of receiving any benefits or services. By creating a new prohibition, this bill would create a new crime and therefore impose a state-mandated local program.

Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.

This bill would make legislative findings to that effect.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason.

With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

Existing law makes possession of a firearm by certain classes of persons, including a convicted felon, a person convicted of specified misdemeanors, a person that has been found mentally incompetent to stand trial, a person that has been found not guilty of specified crimes by reason of insanity, or a person that has been placed under conservatorship, a crime. Existing law additionally makes it a crime to sell or give possession of a firearm to these classes of persons prohibited from owning a firearm. Existing law generally makes a violation of the Penal Code a misdemeanor.

Existing law requires the Department of Justice, upon submission of firearm purchaser information by a licensed firearm dealer, to examine its records to determine whether a potential firearm purchaser is prohibited by state of federal law from possessing, receiving, owning, or purchasing a firearm. Existing law requires the department to participate in the National Instant Criminal Background Check System.

This bill would require the Department of Justice to develop and launch a system to allow a person who resides in California to voluntarily add their own name to, and subsequently remove their own name from, the California Do Not Sell List, with the purpose of preventing the sale or transfer of a firearm to the person who adds their name, as specified. The bill would allow a person to add their name to the list by submitting specified information to a sheriff or municipal police department, and would require that sheriff or municipal police department to verify the information and send it to the Department of Justice. By imposing additional duties on local law enforcement, this bill would impose a state-mandated local program. The bill would require the department to ensure that information on the list is uploaded and reflected in the National Instant Criminal Background Check System. This bill would allow a person, after a specified period of time, to request removal from the list. The bill would make a persons inclusion or removal from the list confidential, except for disclosure to a law enforcement officer acting in the performance of their duties, and would authorize a person whose confidentiality is violated to bring a private civil action for appropriate relief, as specified. The bill would prohibit requiring a person to voluntarily waive their firearm rights as a condition of employment or of receiving any benefits or services. By creating a new prohibition, this bill would create a new crime and therefore impose a state-mandated local program.

Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.

This bill would make legislative findings to that effect.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason.

With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

SENATE COMMITTEE ON APPROPRIATIONS

Senator Anna Caballero, Chair

2025 - 2026 Regular Session

SB 320 (Limón) - Firearms: California Do Not Sell List

Bill Summary:

SB 320 requires the Department of Justice to establish a process for a person to voluntarily be prohibited from acquiring firearms.

Fiscal Impact:

• Department of Justice (DOJ): Unknown, potentially significant costs, likely hundreds of thousands to low millions (Dealer Record of Sale (DROS) Special Account, General Fund) to the DOJ, for the costs of implementing this bill, including obtaining software developers, information technology specialists, crime analysts, and administrative staff, contracts with vendors, and operating expenses and equipment to carry out the duties imposed by this bill.
  
• Local Law Enforcement: Unknown, potentially significant costs (local funds, General Funds) to local law enforcement as a result of this bill. Law enforcement would likely need to hire additional staff to verify requests for inclusion and removal from the Do Not Sell List, to transmit the forms to the DOJ within the parameters of this bill, to create mechanisms to ensure confidentially and to cover potential liabilities for inadvertent disclosures of confidential information. The California Constitution requires the state to reimburse local agencies for certain costs mandated by the state. To the extent the Commission on State Mandates determines that the provisions of this bill create a new program or impose a higher level of service on counties may claim reimbursement of those costs.
  
• Local Incarceration and Supervision: Unknown, potential cost pressures (local funds, General Fund) to the counties to incarcerate people as a result of the new misdemeanor for unauthorized disclosure of information created by this bill. There could also be increased incarceration costs as a result of additional investigations by law enforcement into persons who request to be added to a Do Not Sell list. The average annual cost to incarcerate one person in county jail is approximately $77,252 per year. Actual incarceration costs to counties will depend on the number of convictions and the length of each sentence. Although county incarceration costs are generally not considered reimbursable state mandates pursuant to Proposition 30 (2012), overcrowding in county jails creates cost pressure on the General Fund because the state has historically granted new funding to counties to offset overcrowding resulting from 2011 public safety realignment.
• Trial Court: Unknown, potential cost pressures to the state funded trial court system (Trial Court Trust Fund, General Fund) to adjudicate additional criminal actions that may be filed as a result of this bill. Additionally, to the extent that this bill raises the awareness of local law enforcement about individuals who could qualify for a court order restraining them from firearms, this bill could lead to an uptick in law enforcement petitions for Gun Violence Restraining Orders (GVROs). The fiscal impact of this bill to the courts will depend on many unknown factors, including the number of cases filed and the factors unique to each case. An eight-hour court day costs approximately $10,500 in staff in workload. If court days exceed 10, costs to the trial courts could reach hundreds of thousands of dollars. In 2023–24, over 4.8 million cases were filed statewide in the superior courts. Filings increased over the past year, driven mostly by misdemeanors and infractions, and civil limited cases. The increase in filings from the previous year is greater than 5% for civil limited and unlimited, appellate division appeals, juvenile delinquency, misdemeanors and infractions, and probate. While the courts are not funded on a workload basis, an increase in workload could result in delayed court services and would put pressure on the General Fund to fund additional staff and resources and to increase the amount appropriated to backfill for trial court operations. The Governor’s 2025-26 budget proposes a $40 million ongoing increase in discretionary funding from the General Fund to help pay for increased trial court operation costs beginning in 2025-26.

Background:

When a person attempts to purchase a firearm from a licensed dealer, the dealer must furnish the DOJ with various information about the purchaser. The DOJ then checks the purchaser information against federal and state databases to ensure that the prospective purchaser is authorized to purchase and possess a firearm. The dealer may not deliver the firearm if a background check shows that the recipient is prohibited from possessing firearms, or the dealer is notified by the DOJ that the transaction may not proceed.

In addition, the firearm purchase/transfer process includes a 10-day waiting period that restricts a licensed dealer from delivering or transferring a firearm to a person within 10 days of the application to purchase the firearm. This 10-day period is referred to as a “cooling off” period, and in large part are intended to prevent acts of violence or suicide attempts.

Recent legislation has been enacted to deter firearm suicide. For example, SB 172 (Portantino, Chapter 840, Statutes of 2019) permits the temporary transfer of a firearm without a dealer’s participation to a person who is 18 years of age or older for safekeeping to prevent it from being used to attempt suicide by the transferor or another person that may gain access to it in the transferor’s household. SB 368 (Portantino, Chapter 251, Statutes of 2023) requires firearm dealers to accept a firearm for storage if the firearm is voluntarily and temporarily transferred to the licensee to prevent significant danger of personal injury to the transferor or others.

In addition, California has an expansive Gun Violence Restraining Order (GVRO) statute, which allows law enforcement officers, family members, employers, co-workers, teachers, to ask the court to issue an order enjoining a person from having, owning, or buying any firearms (guns), firearm parts, ammunition, magazines, or body armor.

Proposed Law:

This bill establishes the California Do Not Sell List, as follows:

• No later than November 1, 2027, the Department of Justice shall develop a process to allow a person who resides in California to voluntarily add their own name to, and subsequently remove their own name from, the California Do Not Sell List.
• The purpose of the Do Not Sell List is to prevent a person who has voluntarily registered from passing a firearms eligibility check to purchase or acquire a firearm from a firearms dealer or through a private-party transaction while they are on the list.
• The process shall meet all of the following requirements:
  • Prevent unauthorized disclosure of a person registering or requesting removal;
  • Inform the potential registrant of the legal effects of registration or removal; and,
  • Prevent a registrant from passing a firearms eligibility check conducted by DOJ to purchase or acquire a firearm while they are registered.
• Requires the DOJ to utilize, to the extent feasible, existing state and local resources, systems, databases, and staff.
• In implementing the Do Not Sell List, the DOJ must develop forms for inclusion on, and removal from, the Do Not Sell List.
• Requires the forms to be made available for download through the DOJ’s website and require, at a minimum, the following information from the person seeking inclusion on, or removal from, the Do Not Sell List:
  • Full name and all legal names and aliases ever used;
  • Residential address;
  • Complete date of birth;
  • Telephone number or email address;
  • California driver’s license or identification number;
  • The person’s signature; and,
  • An acknowledgment that reads:

“By presenting this completed form to a law enforcement agency, I understand that I am requesting that my name be placed on a list that restricts my ability to lawfully purchase or acquire a firearm from a firearms dealer or through a private-party transaction until such time as I remove myself from that list. I understand that by voluntarily adding my name to this list, any attempt to lawfully purchase or acquire a firearm from a firearms dealer or through a private-party transaction while I am on this list will be declined. I also understand that, after 14 days as described in statute have passed, I may request removal from this list.”

• Once the process is operative, a person who resides in California may request to be added to the Do Not Sell List by submitting the completed form and bona fide evidence of identity, to a sheriff’s office or police department.
• The sheriff’s office or police department that receives the form shall verify the person’s identity before accepting the form, shall verify that the form is complete, and may not accept a form from someone other than the person named on the form.
• The sheriff’s office or police department receiving the form shall transmit the form and the person’s identifying information to the DOJ, in a manner and format prescribed by the DOJ no later than three business days after receiving the form.
• The DOJ shall, on an ongoing basis, ensure that properly completed forms received from a sheriff’s office or police department are uploaded and reflected in the Do Not Sell List. ^[1]
• When an individual is added to or removed from the Do Not Sell List, the change in status shall be immediately reflected within state computer-based systems used by law enforcement agencies or others to identify prohibited purchasers of firearms in which the person was entered.
• The list shall not be used for any purpose other than to determine eligibility to purchase or acquire a firearm from a firearms dealer or through a private-party transaction.
• DOJ may share aggregate data regarding the number of individuals use this process.
• No sooner than 14 days after filing the Do Not Sell List Request Form, a person may file a request to be removed.
• A person may file a request for removal from the Do Not Sell List in the same manner that the person requested inclusion on the Do Not Sell List.^[2]
• No sooner than 21 days after receiving a request for removal from a sheriff’s office or municipal police department, and no later than 30 days after receiving the request, DOJ shall remove the person from any state computer-based systems used by law enforcement agencies or others to identify prohibited purchasers of firearms in which the person was entered, unless the person is otherwise ineligible to possess a firearm pursuant to any other law.
• All information provided shall be kept confidential.
• The information shall be kept separate and apart from all other records maintained by the DOJ, and shall be used only to determine eligibility to purchase or acquire firearms from a firearms dealer or through a private-party transaction.^[3]
• A person who knowingly furnishes the information for any other purpose is guilty of a misdemeanor.
• All the information provided shall be destroyed by the holder of that information within 30 days after removal from the Do Not Sell List by the DOJ.^[4]
• Records created or held pursuant to this chapter are not subject to disclosure pursuant to the California Public Records Act.
• No person shall be required to place themselves on the Do Not Sell List as a condition of employment or of receiving any benefits or services.^[5]

Related Legislation:

• SB 1472 (Limon) 2024, held on this Committee’s Suspense File, required the DOJ to create the Do Not Sell List according to specified criteria, and required the DOJ to utilize, to the extent feasible, existing state and local resources.
• AB 29 (Gabriel), died in Assembly Appropriations, 2023, contained provisions that were substantially similar to this bill regarding a Do Not Sell List, but also included provisions criminalizing the transfer of a firearm to someone on the list, and requiring the Department of Public Health to create and distribute informational materials about the list.
• AB 1927 (Bonta), vetoed, 2018, would have required the DOJ to study options and recommend an approach for allowing a person to register themselves on a list or database that prohibits them from being able to purchase a firearm.

Staff Comments: As discussed above, this bill requires significant expenditures of state and local resources to create a new system to prohibit a person from obtaining guns. Alternatively, the state’s existing GVRO statute could be amended to allow individuals to request an order restraining themselves from obtaining firearms for a limited time, using existing state and local mechanisms.

-- END --

1. While local law enforcement is required to transmit forms to the DOJ within 3 days, this bill does not establish a deadline to add person to the Do Not Sell List upon its receipt of the forms.
   ↑

2. While the bill specifies the manner that a person may file a request to be removed from the list, and requires DOJ to remove the person within 30 days once it receives the form from local law enforcement, this bill does not provide a timeline for local law enforcement to transmit a request for removal to the DOJ. ↑

3. This bill does not explicitly require the same of local law enforcement. Accordingly, it is unclear whether local law enforcement can use the information to conduct a criminal investigation, seek a warrant or gun violence restraining order, or other law enforcement actions.
   ↑

4. It is uncertain how local law enforcement will comply with this requirement, given that there is no requirement that the DOJ notify law enforcement when a person has been added and removed from the list. There are no requirements that the DOJ or law enforcement notify the person whether they were successfully added or removed from the list.
   ↑

5. This bill does not define “benefit or services.” Accordingly, it is unclear if a person can be required to include themselves on the list for other purposes, such as in child custody manners, plea bargains, administrative actions, etc. It is also unclear to what extent a law enforcement may be able to use this information to commence a criminal investigation into the person. ↑

SENATE JUDICIARY COMMITTEE

Senator Thomas Umberg, Chair

2025-2026 Regular Session

Bill No: SB 320 (Author:Limón)

Version: April 9, 2025

Hearing Date: April 22, 2025

Fiscal: Yes

Urgency: No

AMConsultant:

SUBJECT

Firearms: California Do Not Sell List

DIGEST

This bill requires the Department of Justice (DOJ) to develop a process to allow a person who resides in California to voluntarily add their own name to, and subsequently remove their own name from, the California Do Not Sell List, which would prevent a person who has voluntarily registered on the list from passing a firearms eligibility check to purchase or acquire a firearm from a dealer or through a private party transaction while they are on the list, as provided. The bill includes various confidentiality protections, including making it a misdemeanor to share any information on the list for any other purpose and specifies that any information on the list is confidential and not a public record.

EXECUTIVE SUMMARY

The author and sponsors of the bill note that the Centers for Disease Control and Prevention (CDC) reports an increase in suicide rates in the United States in the past two decades, and that firearms are used in over 50 percent of suicide deaths. The author and sponsors of the bill believe this bill could be an additional useful tool in preventing suicides. This bill is somewhat similar to two prior bills, none of which were heard by this Committee or enacted into law.^[1] This bill is sponsored by the Attorney General, California Sheriff’s Association, and the California State Association of Psychiatrists. The bill is supported by the American Foundation for Suicide Prevention, the Los Angeles County Sheriff’s Department, and San Diegans for Gun Violence Prevention. The bill is opposed by the California Rifle and Pistol Association and Gun Owners of California. This bill passed the Senate Public Safety Committee on a vote of 5 to 1.

PROPOSED CHANGES TO THE LAW

Existing law:

1. Provides for an automated system for tracking firearms and assault weapon owners who might fall into a prohibited status via an online database, which is known as the Armed Prohibited Persons System (APPS).
   1. The APPS cross-references all handgun and assault weapon owners across the state against criminal history records to determine whether a person is prohibited from possessing a firearm. (Pen. Code §§ 30000, et seq.)
2. Prohibits persons who know or have reasonable cause to believe that the recipient is prohibited from having firearms and ammunition to supply or provide the person with firearms or ammunition. (Pen. Code §§ 27500, 30306; & Welf. & Inst. Code, § 8101.)
3. Requires the DOJ, upon submission of firearm purchaser information, to examine its records to determine if the purchaser is prohibited from possessing, receiving, owning, or purchasing a firearm.
   1. Prohibits the delivery of a firearm within 10 days of the application to purchase, or, after notice by the DOJ, within 10 days of the submission to the DOJ of any corrections to the application to purchase, or within 10 days of the submission of a specified fee. (Pen. Code §§ 28200-28250.)
4. Requires a licensed dealer to provide the DOJ with specified personal information about the seller and purchaser as well as the name and address of the dealer in connection with any sale, loan or transfer of a firearm. (Pen. Code § 28160.)
   1. Personal information required to be provided includes: the name; address; phone number; date of birth; place of birth; occupation; eye color; hair color; height; weight; race; sex; citizenship status; and a driver's license number, California identification card number, or military identification number. (Pen. Code § 28210.)
   2. A copy of the form, containing the buyer and seller's personal information, must be provided to the buyer or seller upon request. (Pen. Code § 28215.)
5. Provides, pursuant to the California Constitution, that the people have the right of access to information concerning the conduct of the people’s business, and, therefore, the meetings of public bodies and the writings of public officials and agencies are required to be open to public scrutiny. (Cal. const. art. I, § 3(b)(1).)
   1. Requires a statute to be broadly construed if it furthers the people’s right of access, and narrowly construed if it limits the right of access. (Cal. const. art. I, § 3(b)(1).)
   2. Requires a statute that limits the public’s right of access to be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest. (Cal. const. art. I, § 3(b)(1).)
6. Governs the disclosure of information collected and maintained by public agencies pursuant to the California Public Records Act (CPRA). (Gov. Code §§ 7920.000 et seq.)
   1. States that the Legislature, mindful of the individual right to privacy, finds and declares that access to information concerning the conduct of the people’s business is a fundamental and necessary right of every person in this state. (Gov. Code § 7921.000.)
   2. Defines “public records” as any writing containing information relating to the conduct of the public’s business prepared, owned, used, or retained by any state or local agency regardless of physical form or characteristics. (Gov. Code § 7920.530.)
   3. Provides that all public records are accessible to the public upon request, unless the record requested is exempt from public disclosure. (Gov. Code § 7922.530.)

This bill:

1. Requires the Department of Justice (DOJ) to develop, no later than November 1, 2027, a process to allow a person who resides in California to voluntarily add their own name to, and subsequently remove their own name from, the California Do Not Sell List.
   1. Provides the purpose of the list is to prevent a person who has voluntarily registered on the list from passing a firearms eligibility check to purchase or acquire a firearm from a dealer or through a private party transaction while they are on the list.
2. Requires the process to meet all of the following requirements:
   1. prevents unauthorized disclosure of a person registering or requesting removal;
   2. informs the potential registrant of the legal effects of registration or removal; and
   3. prevents a registrant from passing a firearms eligibility check by the DOJ to purchase or acquire a firearm while they are registered.
3. Requires the DOJ to develop forms for inclusion on, and removal from, the list. The forms are to be available for download through the DOJ’s website and require, at a minimum, the following information:
   1. full name and all legal names and aliases ever used;
   2. residential address;
   3. completed date of birth;
   4. telephone number or email address;
   5. California driver’s license or identification number; and
   6. the person’s signature.
4. Requires the form to also include an acknowledgment that reads:
   1. By presenting this completed form to a law enforcement agency, I understand that I am requesting that my name be placed on a list that restricts my ability to lawfully purchase or acquire a firearm from a firearms dealer or through a private-party transaction until such time as I remove myself from that list. I understand that by voluntarily adding my name to this list, any attempt to lawfully purchase or acquire a firearm from a firearms dealer or through a private-party transaction while I am on this list will be declined. I also understand that, after 14 days as described in statute have passed, I may request removal from this list.
5. Provides that once the process in 1), above, is operative, a person who resides in California may request to be added to the list by submitting a complete form and bona fide evidence of identity to a sheriff’s office of a county or municipal police department of any city or city and county.
   1. No sooner than 14 days after filing the form, the person may file a request for removal from the list in the same manner that the person requested inclusion on the list.
   2. No sooner than 21 days after receiving a request for removal from the list, and no later than 30 days after receiving the request, the DOJ is required to remove the person from any state computer-based systems used to identify prohibited purchasers of firearms in which the person was entered.
6. Requires the sheriff’s office or municipal police department that receives the form to verify the person’s identity before accepting the form, and to verify that the form is complete.
   1. Specifies that a form from someone other than the person named on the form cannot be accepted.
   2. Requires the sheriff’s office or municipal police department to send the form and the person’s identifying information to DOJ no later than three business days after receiving the form.
7. Requires that when an individual is added to or removed from the list, the change in status is immediately reflected within state computer-based systems.
8. Prohibits the list from being used for any other purposes than what it is intended for, except that the DOJ may share aggregate data regarding the number of individuals who have utilized this process.
9. Provides that all information provided under this bill is to be kept confidential, separate, and apart from all other records maintained by the DOJ, and can only be used to determine eligibility to purchase or acquire firearms.
   1. Any person who knowingly furnishes this information for any other purpose is guilty of a misdemeanor.
   2. Requires all information on the list concerning any person to be destroyed upon removal from the list by the DOJ.
   3. Any records created or held under these provisions are not subject to disclosure under the CPRA.
10. Provides that no person can be required to place themselves on the list as a condition of employment or receiving any benefits or services.
11. Makes the following legislative findings and declarations regarding limiting the access to public records: In order to protect the privacy of individuals on the Do Not Sell List, it is necessary to limit the public’s right of access to the list.

COMMENTS

1. Stated need for the bill

The author writes:

The CDC Morbidity and Mortality Report reports an increase in suicide rates in the U.S. in the past two decades, approaching 50,000 in 2022. With firearms being used in over 50% of suicide deaths, there is a need for preventive measures to help decrease the number of suicides in the state. The creation of a voluntary registration process - Do Not Sell List - raises public awareness and can become a practical tool for individuals to exercise responsible firearm ownership. In doing so, SB 320 seeks to contribute to a collective effort to mitigate the risk of potential perpetrators accessing firearms.

Rob Bonta, Attorney General, one of the sponsors of the bill, writes in support stating:

The suicide rate in the United States has steadily increased over the past 20 years, according to the Centers for Disease Control and Prevention (CDC). Suicide was responsible for 49,476 deaths in 2022—this represents a 36% increase in the national suicide rate since 2000.^[2] And the number of people who consider or attempt suicide is even higher. Data shows that access to a firearm is a significant risk factor for suicide death due to their uniquely lethal nature. More than half of all gun deaths in California are suicides. According to a report prepared by the Department of Justice’s Office of Gun Violence Prevention, firearms were used in just 3 percent of intentional self-harm incidents, but gunshot wounds constituted 38% of total suicide deaths.^[3] We know suicide can be an impulsive decision that most survivors regret. However, guns are lethal and, unfortunately, rarely allow for second chances.

SB 320 provides those battling suicidal thoughts an option to protect themselves by temporarily limiting their access to purchase firearms during a time of crisis. This bill will authorize the DOJ to develop and launch the California Do Not Sell List, which would allow individuals to voluntarily place themselves on a registry that would restrict their ability to purchase firearms. Placement on the registry will be confidential and an individual can request to be removed from the voluntary Do-Not-Sell list after 14 days of the initial request to be included. [footnotes omitted]

1. Do Not Sell List

Under existing law, a licensed dealer is prohibited from delivering or transferring a firearm to a person within 10 days of the application to purchase the firearm, the submission of any correction to the application, or the submission of any fee required, after notice from the DOJ that the required fee has not been transmitted. (Penal Code §§ 26815, 27540, & 28220.) This 10-day period is referred to as a “cooling off” period, and must be adhered to even if background checks are completed before the 10-day period expires. This cooling off period is largely designed to prevent acts of violence or suicide attempts. In 2016, the Ninth Circuit Court of Appeals upheld the constitutionality of this 10-day waiting period, holding that the waiting period did not violate plaintiffs’ Second Amendment rights, and constituted a “reasonable precaution for the purchase of a second or third weapon, as well as for a first purchase.” (Silvester v. Harris (2016) 843 F.3d 816, at 819.)

This bill seeks to require the DOJ to develop a process to allow a person who resides in California to voluntarily add their own name to, and subsequently remove their own name from, the California Do Not Sell List. By placing one’s name on the list, the person would be prevented from passing a firearms eligibility check to purchase or acquire a firearm from a dealer or through a private party transaction while they remain on the list. The bill makes it clear that a person can only add their own name to the list and that it is completely voluntary. It provides a mechanism for removing one’s name from the list by specifying a person cannot seek to remove their name from the list until at least 14 days after it is initially placed on the list. The bill then provides that no sooner than 21 days after receiving a request for removal from the list, and no later than 30 days after receiving the request, the DOJ must remove the person from any state computer-based systems used to identify prohibited purchasers of firearms in which the person was entered.

The bill also provides confidentiality protections by:

• prohibiting the list from being used for any other purposes than what it is intended for, except that the DOJ may share aggregate data regarding the number of individuals who have utilized this process;
• requiring that all information collected under the bill is to be kept confidential, separate, and apart from all other records maintained by the DOJ, and can only be used to determine eligibility to purchase or acquire firearms;
• making any person who knowingly furnishes this information for any other purpose guilty of a misdemeanor;
• requiring all information on the list concerning any person to be destroyed upon removal from the list by the DOJ; and
• specifying that any records created or held under these provisions are not subject to disclosure under the CPRA.

1. Right to privacy and limitation to access public records

Access to information concerning the conduct of the people’s business is a fundamental and necessary right of every person in this state. (Gov. Cod § 7921.000.) In 2004, the right of public access was enshrined in the California Constitution with the passage of Proposition 59 (Nov. 3, 2004, statewide general election),^[4] which amended the California Constitution to specifically protect the right of the public to access and obtain government records: “The people have the right of access to information concerning the conduct of the people’s business, and therefore . . . the writings of public officials and agencies shall be open to public scrutiny.” (Cal. Const., art. I, sec. 3 (b)(1).) In 2014, voters approved Proposition 42 (Jun. 3, 2014, statewide direct primary election)^[5] to further increase public access to government records by requiring local agencies to comply with the CPRA and the Ralph M. Brown Act^[6], and with any subsequent statutory enactment amending either act, as provided. (Cal. Const., art. I, sec. 3 (b)(7).)

Under the CPRA, public records are open to inspection by the public at all times during the office hours of the agency, unless they are exempt from disclosure. (Gov. Cod § 7922.525.) A public record is defined as any writing containing information relating to the conduct of the public’s business that is prepared, owned, used, or retained by any public agency regardless of physical form or characteristics. (Gov. Code § 7920.530.) There are several general categories of documents or information that are permissively exempt from disclosure under the CPRA essentially due to the character of the information. The exempt information can be withheld by the public agency with custody of the information, but it also may be disclosed if it is shown that the public’s interest in disclosure outweighs the public’s interest in non-disclosure of the information. (CBS, Inc. v. Block (1986) 42 Cal.3d 646, at 652.). Additionally, some records are prohibited from disclosure or are specifically stated to not be public records. (see Gov. Code § 7924.110(a).)

California generally recognizes that public access to information concerning the conduct of the people’s business is a fundamental and necessary right.^[7] At the same time, the state recognizes that this right must be balanced against the right to privacy.^[8] The general right of access to public records may, therefore, be limited when records include personal information. In light of the need to protect the privacy of individuals on the Do Not Sell List, the bill’s finding on the need for limiting access seems warranted.

1. Statements in support

The California State Association of Psychiatrists (CSAP), one of the sponsors of the bill, writes in support, stating:

CSAP is proud to co-sponsor SB 320 because it aims to enhance firearm safety and provide individuals with a means to proactively restrict their own access to firearms; this is also in line with a recent University of Alabama study that shows, of the 200 patients surveyed at an inpatient psychiatric unit and two outpatient psychiatry clinics, nearly half of the participants would willingly place their name on a voluntary Do Not Sell list. The creation of a voluntary registration process within the DOJ raises public awareness and can become a practical tool for individuals to exercise responsible firearm ownership. SB 320 also allows for an added individual to request to be removed from the voluntary Do Not-Sell list after 14 days of the initial request to be included. The sheriff’s or local police department is then required to remove the individual 21 days after filing for removal.

The California State Sheriff’s Association, one of the sponsors of the bill, writes in support, stating:

The nexus between firearms and suicide is well-established. Information provided by the California Department of Public Health's California Violent Death Reporting System for the year 2020 reveals a troubling statistic – 1,464 Californians resorted to firearms to end their own lives, representing one-third of all suicide cases in the state. Even more concerning is the fact that nearly half of those who tragically succumbed to suicide in 2020 were reported to have a current diagnosed mental health issue, underscoring the urgent need for improved mental health support and suicide prevention efforts in California.

California faces a pressing public health challenge of individuals experiencing suicidal ideation and their access to firearms. Suicidal ideation, a significant precursor to self-harm and suicide, is a critical concern for the people of California. The absence of an accessible and voluntary mechanism for persons to include themselves on due to suicidal ideation is a critical deficiency in the existing legislative framework.

1. Statements in opposition

The California Rifle and Pistol Association writes in opposition, stating:

This is yet another attempt to entrap people at a vulnerable moment in their lives to sacrifice a constitutional right. This legislature does not engage in creating systems for Californians to sacrifice any other constitutional right and to do so on the Second Amendment is reprehensible.

The author is asking a person who has not been convicted of a crime, declared mentally incompetent or placed under a conservatorship to volunteer to be added to a permanent database with those who have been convicted, declared or placed by a court. This is nothing more than another attempt to vilify law abiding gun owners and California citizens.

The CADOJ still has over twenty-five thousand criminals in the Armed Prohibitive Persons System (APPS) that they have yet to apprehend and diverting their attention and resources to this bill’s intent does not make Californian’s safer.

The Gun Owners of California write in opposition, stating:

As you are no doubt aware, existing laws provide mechanisms for individuals struggling with mental health concerns to seek help without creating unnecessary bureaucratic barriers. Although voluntary, any list that restricts a Constitutional right sets a dangerous precedent, as no other right requires individuals to preemptively waive their freedoms that may be difficult or time-consuming to reverse. While SB 320 contains a safeguard that would protect citizens from adding their names to a list as a condition of employment, there is a very real possibility that individuals could be coerced or manipulated in placing themselves on the list for other reasons. Given DOJ’s existing technological inefficiencies and the numerous databases it manages, delays in removing someone from the “Do Not Sell” list could further compound the problem.

Additionally, SB 320 is an unnecessary expense of taxpayer dollars, as it would create a bureaucratic system for something individuals can already do on their own. There is no need to expand government resources on a voluntary restriction when anyone who does not wish to own a gun can simply refrain from buying one. Taxpayer money would be better spent on initiatives that directly support mental health services, law enforcement, and community safety measures that produce real results.

SUPPORT

Rob Bonta, Attorney General (sponsor)

California Sheriff’s Association (sponsor)

California State Association of Psychiatrists (sponsor)

American Foundation for Suicide Prevention
Los Angeles County Sheriff’s Department

San Diegans for Gun Violence Prevention

Bill Brown, Sheriff of Santa Barbara County and Commissioner on the Commission for Behavioral Health

Mayra Alvarez, Commissioner on the Commission for Behavioral Health

Mark Bontrager, Commissioner on the Commission for Behavioral Health

Robert Callan Jr., Commissioner on the Commission for Behavioral Health

Chris Contreras, Commissioner on the Commission for Behavioral Health

Dave Gordon, Commissioner on the Commission for Behavioral Health

Karen Larsen, Commissioner on the Commission for Behavioral Health

Will Lightbourne, Interim Executive Director of the Commission for Behavioral Health

Mara Madrigal-Weiss, Commissioner on the Commission for Behavioral Health

Jay Robinson, Commissioner on the Commission for Behavioral Health

Al Rowlett, Commissioner on the Commission for Behavioral Health

Gary Tsai, Commissioner on the Commission for Behavioral Health

OPPOSITION

California Rifle and Pistol Association

Gun Owners of California

RELATED LEGISLATION

Pending Legislation: None known.

Prior Legislation:

SB 1472 (Limón, 2024) would have required the DOJ to develop and launch a system to allow a person who resides in California to voluntarily add their own name to, and subsequently remove their own name from, the California Do Not Sell List. SB 1472 died in Senate Appropriations Committee.

AB 29 (Gabriel, 2023) was substantially similar to this bill. AB 29 died in the Assembly Appropriations Committee.

AB 1927 (Bonta, 2018) would have required the DOJ to study options for allowing a person to register their own self on a list or database that prohibits the person from being able to purchase a firearm, as specified. AB 1297 was vetoed by then Governor Brown stating: “While this is an interesting area of inquiry, I do not believe that we need to mandate an additional study of this type. The Department of Justice is currently implementing a number of large scale changes to our gun laws, and I think that any information regarding a system for self-exclusion from gun purchases can be obtained through existing means. The Legislature's standing committees, as well as California's Violence Prevention Research Center are existing avenues through which this inquiry can be conducted.”

PRIOR VOTES:

Senate Public Safety Committee (Ayes 5, Noes 1)

**************

1. See Prior Legislation section at end of the analysis. ↑

2. https://www.cdc.gov/suicide/facts/index.html. ↑

3. Cal. DeptOffice of Gun Violence Prevention, “Data Report: The Impact of Gun Violence in California,” August 2023. ↑

4. Prop. 59 was placed on the ballot by a unanimous vote of both houses of the Legislature. (SCA 1 (Burton, Ch. 1, Stats. 2004)) ↑

5. Prop. 42 was placed on the ballot by a unanimous vote of both houses of the Legislature. (SCA 3 (Leno, Ch. 123, Stats. 2013)) ↑

6. The Ralph M. Brown Act is the open meetings laws that applies to local agencies. (Gov. Code §§ 59450 et. seq.) ↑

7. Cal. Const., art. I, § 3; Gov. Code, § 7921.000. ↑

8. Cal. Const., art. I, § 1. ↑

SENATE COMMITTEE ON PUBLIC SAFETY

Senator Jesse Arreguín, Chair

2025 - 2026 Regular

Bill No: SB 320 Hearing Date: March 25, 2025

Subject: Firearms: California Do Not Sell List

HISTORY

Source: Department of Justice; California State Sheriffs Association; State Association of Psychiatrists

Prior Legislation: SB 1472 (Limon), died in Senate Appropriations, 2024

AB 29 (Gabriel), died in Assembly Appropriations, 2023

AB 1927 (Bonta), vetoed by the Governor, 2018

Support: California Department of Justice; California San Diegans for Gun Violence Prevention

Opposition: California Civil Liberties Advocacy; California Rifle and Pistol Association; Gun Owners of California, Inc.

PURPOSE

The purpose of this bill is to require the Department of Justice (DOJ) to develop and launch a system to allow a California resident to voluntarily add their own name to the California Do Not Sell List, with the purpose of preventing a person on that list from being sold or transferred a firearm, as specified.

Existing law provides for an automated system for tracking firearms and assault weapon owners who might fall into a prohibited status. The online database, which is known as the Armed Prohibited Persons System (APPS), cross-references all handgun and assault weapon owners across the state against criminal history records to determine whether a person is prohibited from possessing a firearm. (Pen. Code, § 30000, et seq.)

Existing law prohibits persons who know or have reasonable cause to believe that the recipient is prohibited from having firearms and ammunition to supply or provide the same with firearms or ammunition. (Pen. Code, §§ 27500, 30306; & Welf. & Inst. Code, § 8101.)

Existing law provides that persons convicted of felonies and certain violent misdemeanors are prohibited from owning or possessing a firearm. (Pen. Code, §§ 29800 & 29805.)

Existing law prohibits a person from possessing or owning a firearm that is subject to specified restraining orders. (Pen. Code, § 29825.)

Existing law prohibits a person who has been taken into custody and admitted to a designated facility on a 72-hour hold because that person is a danger to himself, herself, or to others, as specified, from owning or possessing any firearm for a period of five years after the person is released from the facility. (Welf. & Inst. Code, § 8103, subd. (f)(1).)

Existing law states that a person taken into custody on a 72-hour hold may possess a firearm if the superior court has found that the people of the State of California have not met their burden of showing by a preponderance of the evidence that the person would not be likely to use firearms in a safe and lawful manner. (Welf. & Inst. Code, § 8103, subd. (f)(6).)

Existing law requires the DOJ, upon submission of firearm purchaser information, to examine its records to determine if the purchaser is prohibited from possessing, receiving, owning, or purchasing a firearm. Existing law prohibits the delivery of a firearm within 10 days of the application to purchase, or, after notice by the department, within 10 days of the submission to the department of any corrections to the application to purchase, or within 10 days of the submission to the department of a specified fee. (Pen. Code, §§ 28200-28250.)

Existing law mandates those dealers notify the DOJ that persons in applications actually took possession of their firearms. (Pen. Code, § 28255.)

Existing law requires the dealer, if unable to legally deliver a firearm, to return the firearm to the transferor, seller, or person loaning the firearm. (Pen. Code, § 28050, subd. (d).)

Existing law requires that in connection with any sale, loan or transfer of a firearm, a licensed dealer must provide the DOJ with specified personal information about the seller and purchaser as well as the name and address of the dealer. This personal information of buyer and seller required to be provided includes the name; address; phone number; date of birth; place of birth; occupation; eye color; hair color; height; weight; race; sex; citizenship status; and a driver's license number; California identification card number; or, military identification number. A copy of the DROS, containing the buyer and seller's personal information, must be provided to the buyer or seller upon request. (Pen. Code, §§ 28160, 28210, & 28215.)

Existing law provides for the submission of firearm purchaser/transferee information from dealers to the DOJ for the purpose of conducting background checks, and requires the DOJ to participate in the National Instant Criminal Background Check System (NICS). (Pen. Code, §§ 28100, 28215, 28220.)

Existing law establishes procedures for the transfer of a firearm to a dealer or a third party in order to prevent it from being accessed or used by the transferor or other persons that may gain access to it in the transferor’s household to cause significant danger of personal injury to themselves or others. (Pen. Code, §§ 27882, 26892.)

Existing law prohibits firearm dealers from delivering newly purchased firearms within 10 days of the application to purchase a firearm, as specified. (Pen. Code, §26815.)

This bill provides that no later than January 1, 2027, the DOJ shall develop and launch a system to allow a person who resides in California to voluntarily add their own name to, and subsequently remove their own name from, the California Do Not Sell List (hereinafter, the “registry.”)

This bill specifies that the purpose of the registry is to prevent the sale or transfer of a firearm to a person through a lawful method.

This bill provides that the DOJ shall ensure the system does all of the following credibly:

• Verifies the identity of a person who opts to register or requests removal.
• Prevents unauthorized disclosure of a person registering or requesting removal.
• Informs the potential registrant of the legal effects of registration or removal.

This bill directs the DOJ, in implementing the provisions above, to utilize, to the extent feasible, existing state and local resources, systems, databases, and staff.

This bill provides that in implementing the registry, the DOJ shall develop forms for inclusion on, and removal from, the registry, which shall be made available through the department’s website and require, at a minimum, the following information from the individual:

• Name
• Address
• Date of birth
• Telephone number or email address
• The person’s signature
• On the form requesting inclusion on the list, an acknowledgment that reads: “By presenting this completed form to a law enforcement agency, I understand that I am requesting that my name be placed on a list that restricts my ability to lawfully purchase a firearm until such time as I remove myself from that list. I understand that by voluntarily adding my name to this list, any attempt to lawfully purchase a firearm while I am on this list will be declined. I also understand that, after the number of days described in statute have passed, I may request removal from this list.”

This bill provides that once the registry is operational, a person who resides in California may request to be added to the Do Not Sell List by submitting the completed form and proof of identification to a sheriff’s office or municipal police department.

This bill provides that the sheriff’s office or police department that receives the form shall verify the person’s identity before accepting the form, shall verify that the form is complete, and may not accept a form from someone other than the person named on the form.

This bill requires the sheriff’s office or police department receiving the form to transmit the form to the DOJ, in a manner determined by the department, as soon as possible but no later than 3 business days after receiving the form.

This bill requires the DOJ, on an ongoing basis, to ensure that properly completed forms received from a sheriff’s office or police department are uploaded and reflected in the registry, and that when an individual is added to or removed from the registry, the change in status shall be immediately reflected within state computer-based systems used by law enforcement agencies or others to identify prohibited purchases of firearms in which the person was entered.

This bill provides that the list shall not be used for any other purpose than to determine eligibility to purchase a firearm.

This bill provides that no sooner than 14 days after filing a voluntary waiver of firearm rights, the person may file a request for removal from the registry in the same manner as they requested inclusion.

This bill provides that no sooner than 21 days after receiving a request for removal of a voluntary waiver of firearm rights from a sheriff’s office or police department, and no later than 30 days after receiving the request, the DOJ shall remove the person from any state computer-based systems used by law enforcement agencies or others to identify prohibited purchasers of firearms in which the person was entered, unless the person is otherwise ineligible to possess a firearm pursuant to any other law.

This bill specifies that the fact that a person has requested to be added to the registry, is on the registry, has requested to be removed from the registry, or has been removed from the registry is confidential with respect to all matters, including, but not limited to, those involving health care, employment, education, housing, insurance, government benefits, and contracting, except that such information may be disclosed to a law enforcement officer acting in the performance of their duties.

This bill provides that records created or held pursuant to its provisions are not subject to disclosure pursuant to the California Public Records Act.

This bill provides that a violation of confidentiality occurs if a person or entity engaged in any activity described above, other than a health care professional, therapist, or counselor, inquires as to any confidential matter described above, or if any person described above, including but not limited to, a health care professional, therapist, or counselor, takes any adverse action based on that information.

This bill authorizes a person whose confidentiality is violated by an inquiry or adverse action described above to bring a private civil action for appropriate relief, including reasonable attorney’s fees, for each violation that occurs.

This bill provides that no person shall be required to voluntarily waive their firearm rights as a condition of employment or of receiving any benefits or services.

This bill includes a legislative finding recognizing that its provisions impose a limit on the public’s right of access to the writings of public officials as defined in the California Constitution and demonstrating the need for that limitation, namely, to protect the privacy of individuals on the registry.

COMMENTS

1. Need for This Bill

According to the Author:

The CDC Morbidity and Mortality Report reports an increase in suicide rates in the U.S. in the past two decades, approaching 50,000 in 2022. With firearms being used in over 50% of suicide deaths, there is a need for preventive measures to help decrease the number of suicides in the state. The creation of a voluntary registration process - Do Not Sell List - raises public awareness and can become a practical tool for individuals to exercise responsible firearm ownership. In doing so, SB 320 seeks to contribute to a collective effort to mitigate the risk of potential perpetrators accessing firearms.

1. Waiting Period and Protective Transfers

In addition to myriad crimes penalizing the improper and criminal use or transfer of firearms, California law contains various provisions intended to limit the potential violence a firearm owner or prospective buyer with harmful intent may cause before the conduct actually occurs. Under existing law, when a person attempts to purchase a firearm from a licensed dealer, the dealer must furnish the DOJ with various information about the purchaser.^[1] The DOJ then checks the purchaser information against federal and state databases to ensure that the prospective purchaser is authorized to purchase and possess a firearm. The dealer may not deliver the firearm if a background check shows that the recipient is prohibited from possessing firearms, or the dealer is notified by the DOJ that the transaction may not proceed.^[2]

The firearm purchase/transfer process also includes a 10-day waiting period that restricts a licensed dealer from delivering or transferring a firearm to a person within 10 days of the application to purchase the firearm, the submission of any correction to the application, or the submission of any fee required, after notice from the DOJ that the required fee has not been transmitted.^[3] Even though the required background checks can usually be completed within a few days, licensed dealers must wait the full 10 days before transferring possession of the firearm to the purchaser. This 10-day period is referred to as a “cooling off” period, and in large part are intended to prevent acts of violence or suicide attempts. In 2016, the Ninth Circuit Court of Appeals upheld the constitutionality of California’s 10-day waiting period, holding that the waiting period did not violate plaintiffs’ Second Amendment rights, and constituted a “reasonable precaution for the purchase of a second or third weapon, as well as for a first purchase.”^[4]

In 2019, the Legislature added a preventative feature to California firearm law via SB 172 (Portantino), Ch. 840, Stats. of 2019, which permitted the temporary transfer of a firearm without a dealer’s participation to a person who is 18 years of age or older for safekeeping to prevent it from being used to attempt suicide by the transferor or another person that may gain access to it in the transferor’s household.^[5] Last year, another protective firearm transfer provision was added to California law via SB 368 (Portantino), Ch. 251, Stats. of 2023 which required firearm dealers to accept a firearm for storage if 1) the firearm is voluntarily and temporarily transferred to the licensee to prevent significant danger of personal injury to the transferor or others, 2) the licensee does not use the firearm for any purpose except storage, and 3) the duration of the transfer is limited to the amount of time reasonably necessary to prevent the harm.^[6]

This bill proposes a prophylactic measure related to waiting periods and protective transfers and similarly aimed at reducing suicides by providing self-aware prospective gun owners an avenue for restricting their own access to new firearms.

1. Department of Justice Firearm Databases

Firearm tracking and registration in California functions through a web of interrelated firearm databases managed by the DOJ, which is responsible for retaining records related to a range of firearm-related conduct involving firearm dealers and owners, as well as transfers between certain parties. These records pertain to firearms surrendered to or recovered by law enforcement, issuance of concealed carry permits, dealer records of sale (DROS) (including records of private party transfers), importation of firearms by new residents, persons prohibited from purchasing or possessing firearms, and ownership of relics, curios and other now-prohibited weapons, such as assault weapons.^[7] The web of databases tracking and storing this information includes roughly 20 systems operated by the DOJ, among the largest and most active of which are the Armed and Prohibited Persons System (APPS), the Automated Firearms System (AFS), the Concealed Carry Weapons system (CCW), the Dealers Record of Sale Entry System (DROS), Assault Weapons Registration (AWR), and the Mental Health Reporting System (MHRP).

The DOJ has perennially bemoaned the state of its system of firearm databases and recommended that the Legislature take steps to consolidate and update them. In the latest Armed and Prohibited Persons System report, DOJ once again stated the problem:

This network of systems is incredibly complex and cumbersome to operate and navigate. Despite this monumental challenge, DOJ has been able to meet most legislative reporting mandates using these outdated databases. These databases are not flexible and were not designed to be adaptable to meet additional demands. DOJ has been able to partially adapt and circumvent issues despite using technology that is not equipped with automated processes to meet the specified conditions. Consequently, most, if not all queries must be pulled and cross-checked manually from database to database, hindering efficiency and introducing increased opportunities for error. Working to modify or maintain these legacy systems is no longer cost-effective or a technologically viable option as the databases have become outdated and no longer meet the demands of the Legislature and DOJ.^[8]

In 2020, the DOJ embarked on the Firearms IT Systems Modernization Project (FITSM), which is a long-term project aimed at updating and optimizing the department’s firearms databases. The project is currently in Phase 3 of 4 pre-implementation phases, with the Implementation Phase set to begin in the 2026-2027 fiscal year, at the earliest. This bill proposes to establish a new, DOJ-run firearms registry which must be operational by January 1, 2027. Given the current status and projected timeline of FITSM, it is unknown whether the registry proposed by this bill will be implemented under the existing database system or under the updated and consolidated system planned under FITSM. If the former, then the registry required by this bill may only add to the DOJ’s database woes.

1. Effect of This Bill

This bill requires the DOJ, by January 1, 2027, to develop and launch a new firearm system, known as the California Do Not Sell List (hereinafter, “the registry”), which would allow a California resident to add their own name to, and subsequently remove their own name from, a registry of individuals to whom the sale or transfer of a firearm should not be completed. Further, the bill mandates that the DOJ ensure that the registry and related IT systems are capable of 1) verifying the identity of a person who opts to register or requests removal; 2) preventing unauthorized disclosure of the identity of individuals registering or requesting removal; and 3) informing potential registrants of the legal effects of registration or removal. Finally, the bill specifies that in implementing this registry, the DOJ shall utilize existing state and local resources, systems, databases and staff to the extent feasible.

The bill further requires the DOJ to develop forms for inclusion on and removal from the registry, which must include specified information regarding the individual seeking to be added to or removed from the list. An individual seeking to be added to the registry must submit a completed form and proof of identification to a sheriff’s office or police department, which in turn must submit verified completed forms to the DOJ in a specified manner. The DOJ is required to ensure that when an individual is added to or removed from the registry, the change is reflected immediately in other relevant computer-based systems used by law enforcement to identify prohibited purchasers.

Additionally, the bill requires individuals who request inclusion on the registry to wait 14 days before requesting removal, and requires the DOJ to wait 21 days after receiving a request for removal before removing the person from the registry and other relevant databases. However, the bill requires DOJ to wait no longer than 30 days before removing the person from the registry. Finally, the bill provides that the act that a person has requested to be added to the registry, is on the registry, has requested to be removed from the registry, or was removed from the registry is confidential with respect to all matters, as specified, and that records created or held pursuant to the bill’s provisions are exempt from disclosure under the California Public Records Act. The bill establishes a private right of action for a violation of this confidentiality protection.

Some of the bill’s provisions raise policy questions that the Author and Committee may wish to consider. First, the bill includes references to a “voluntary waiver of firearms rights,” which, read in context, likely refers to the form that must be completed and submitted to a sheriff’s office or police department for inclusion on or removal from the registry. The bill may benefit from an amendment clarifying that the form required under this bill is called a “Voluntary Waiver of Firearms Rights Form,” rather than run the risk of being misconstrued as requiring a general waiver of firearms rights more broadly. Second the bill does not include provisions regarding any penalty for dealers who sell to a Do Not Sell List registrant notwithstanding their inclusion on the registry – the Author may want to consider whether consequences for such a sale are necessary and appropriate.

1. Prior Legislation

The Legislature’s first foray into exploring voluntary firearm prohibitions was in 2018 with AB 1927 (Bonta), which would have required the DOJ to study options and recommend an approach for allowing a person to register themselves on a list or database that prohibits them from being able to purchase a firearm. That bill was vetoed by then-Governor Brown, who acknowledged that while the bill covers an interesting area of inquiry, “the Department of Justice is currently implementing a number of large scale changes to our gun laws, and I think that any information regarding a system for self-exclusion from gun purchases can be obtained through existing means. The Legislature's standing committees, as well as California's Violence Prevention Research Center are existing avenues through which this inquiry can be conducted.”^[9]

In 2023, AB 29 (Gabriel) contained provisions that were substantially similar to this bill regarding a Do Not Sell List, but also included provisions criminalizing the transfer of a firearm to someone on the list, and requiring the Department of Public Health to create and distribute informational materials about the list. With respect to the 21-day waiting period before DOJ may remove a registrant from NICS, AB 29 specified that the removal shall not occur if the person is otherwise ineligible to possess a firearm pursuant to any other law. This bill would benefit from the inclusion of that language, so that the DOJ is not required to remove a Do Not Sell List registrant from NICS who is prohibited from purchasing or possessing a firearm under another California law. In 2024, the Author of this bill authored SB 1472, which merely required the DOJ to create the Do Not Sell List according to specified criteria, and required the DOJ to utilize, to the extent feasible, existing state and local resources. That measure died in Senate Appropriations.

1. Argument in Support

According to the California State Association of Psychiatrists:

Unfortunately, suicide death rates continue to rise every year, making it one of the leading causes of death in the country. Firearms are used in over 50% of suicide deaths and 61% of gun deaths are suicides. In addition, mass shootings continue to be a national concern and the likelihood of committing mass shootings has been identified as significantly higher among individuals experiencing suicidality. CSAP is proud to co-sponsor SB 320 because it aims to enhance firearm safety and provide individuals with a means to proactively restrict their own access to firearms; this is also in line with a recent University of Alabama study that shows, of the 200 patients surveyed at an inpatient psychiatric unit and two outpatient psychiatry clinics, nearly half of the participants would willingly place their name on a voluntary Do Not Sell list. The creation of a voluntary registration process within the DOJ raises public awareness and can become a practical tool for individuals to exercise responsible firearm ownership.

1. Argument in Opposition

According to the California Rifle and Pistol Association:

The author is bringing forth legislation that is seeking a solution to a problem the author never identifies. This bill is requiring a state mandated local program that has not identified the actual costs to institute the program during a historic budget crisis and burden on the California taxpayer. The bill requires an already overburdened California Department of Justice (CADOJ) to create a nonexistent system for California’s to add themselves to a “Do not Sell List” and then to be able to at some future date not specified by the author to remove themselves from that same list. The record of such actions per the author is not removed and thus the record is permanent.

This is yet another attempt to entrap people at a vulnerable moment in their lives to sacrifice a constitutional right. This legislature does not engage in creating systems for Californians to sacrifice any other constitutional right and to do so on the Second Amendment is reprehensible. The author is asking a person who has not been convicted of a crime, declared mentally incompetent or placed under a conservatorship to volunteer to be added to a permanent database with those who have been convicted, declared or placed by a court. This is nothing more than another attempt to vilify law abiding gun owners and California citizens.

The CADOJ still has over twenty-five thousand criminals in the Armed Prohibitive Persons System (APPS) that they have yet to apprehend and diverting their attention and resources to this bill’s intent does not make Californian’s safer.

-- END –

1. Penal Code §§28160, 28205 ↑

2. Penal Code §§27540, 28050. ↑

3. Penal Code §§ 26815, 27540, 28220 ↑

4. Silvester v. Harris (2016), 843 F.3d 816 ↑

5. Penal Code §27882. SB 172 also placed several restrictions on the protective transfer authorized under its provisions, namely, that the transferee may not use the firearm for any purpose, the firearm must be unloaded and safely secure, the duration of the transfer is limited to the amount of time reasonably necessary to prevent the harm, and that the transferee must deliver the firearm to law enforcement if the transferor becomes a prohibited person. ↑

6. Penal Code §26892. SB 368 also established a procedure for instances in which the dealer cannot legally return the firearm to the person delivering the gun for storage. ↑

7. Penal Code §§ 11106, 11108.2, 11108.3, 28100 et. seq, 17000, 27560, 27565, 28000, 30900. For a relational diagram of DOJ’s Firearms Databases and Applications, see the Departments 2023 Armed and Prohibited Persons Report, p. 54. Armed and Prohibited Persons System Report 2023 (ca.gov) ↑

8. Armed and Prohibited Persons Report, 2023, pp. 44-45. ↑

9. AB 1927 Veto Message, Governor Edmund G. Brown, Jr., 26 September 2018. ↑

SENATE COMMITTEE ON PUBLIC SAFETY

Senator Jesse Arreguín, Chair

2025 - 2026 Regular

Bill No: SB 320 Hearing Date: March 25, 2025

Subject: Firearms: California Do Not Sell List

HISTORY

Source: Department of Justice; California State Sheriffs Association; California State Association of Counties

Prior Legislation: SB 1472 (Limon), died in Senate Appropriations, 2024

AB 29 (Gabriel), died in Assembly Appropriations, 2023

AB 1927 (Bonta), vetoed by the Governor, 2018

Support: California Department of Justice; California State Association of Psychiatrists; San Diegans for Gun Violence Prevention

Opposition: California Civil Liberties Advocacy; California Rifle and Pistol Association; Gun Owners of California, Inc.

PURPOSE

The purpose of this bill is to require the Department of Justice (DOJ) to develop and launch a system to allow a California resident to voluntarily add their own name to the California Do Not Sell List, with the purpose of preventing a person on that list from being sold or transferred a firearm, as specified.

Existing law provides for an automated system for tracking firearms and assault weapon owners who might fall into a prohibited status. The online database, which is known as the Armed Prohibited Persons System (APPS), cross-references all handgun and assault weapon owners across the state against criminal history records to determine whether a person is prohibited from possessing a firearm. (Pen. Code, § 30000, et seq.)

Existing law prohibits persons who know or have reasonable cause to believe that the recipient is prohibited from having firearms and ammunition to supply or provide the same with firearms or ammunition. (Pen. Code, §§ 27500, 30306; & Welf. & Inst. Code, § 8101.)

Existing law provides that persons convicted of felonies and certain violent misdemeanors are prohibited from owning or possessing a firearm. (Pen. Code, §§ 29800 & 29805.)

Existing law prohibits a person from possessing or owning a firearm that is subject to specified restraining orders. (Pen. Code, § 29825.)

Existing law prohibits a person who has been taken into custody and admitted to a designated facility on a 72-hour hold because that person is a danger to himself, herself, or to others, as specified, from owning or possessing any firearm for a period of five years after the person is released from the facility. (Welf. & Inst. Code, § 8103, subd. (f)(1).)

Existing law states that a person taken into custody on a 72-hour hold may possess a firearm if the superior court has found that the people of the State of California have not met their burden of showing by a preponderance of the evidence that the person would not be likely to use firearms in a safe and lawful manner. (Welf. & Inst. Code, § 8103, subd. (f)(6).)

Existing law requires the DOJ, upon submission of firearm purchaser information, to examine its records to determine if the purchaser is prohibited from possessing, receiving, owning, or purchasing a firearm. Existing law prohibits the delivery of a firearm within 10 days of the application to purchase, or, after notice by the department, within 10 days of the submission to the department of any corrections to the application to purchase, or within 10 days of the submission to the department of a specified fee. (Pen. Code, §§ 28200-28250.)

Existing law mandates those dealers notify the DOJ that persons in applications actually took possession of their firearms. (Pen. Code, § 28255.)

Existing law requires the dealer, if unable to legally deliver a firearm, to return the firearm to the transferor, seller, or person loaning the firearm. (Pen. Code, § 28050, subd. (d).)

Existing law requires that in connection with any sale, loan or transfer of a firearm, a licensed dealer must provide the DOJ with specified personal information about the seller and purchaser as well as the name and address of the dealer. This personal information of buyer and seller required to be provided includes the name; address; phone number; date of birth; place of birth; occupation; eye color; hair color; height; weight; race; sex; citizenship status; and a driver's license number; California identification card number; or, military identification number. A copy of the DROS, containing the buyer and seller's personal information, must be provided to the buyer or seller upon request. (Pen. Code, §§ 28160, 28210, & 28215.)

Existing law provides for the submission of firearm purchaser/transferee information from dealers to the DOJ for the purpose of conducting background checks, and requires the DOJ to participate in the National Instant Criminal Background Check System (NICS). (Pen. Code, §§ 28100, 28215, 28220.)

Existing law establishes procedures for the transfer of a firearm to a dealer or a third party in order to prevent it from being accessed or used by the transferor or other persons that may gain access to it in the transferor’s household to cause significant danger of personal injury to themselves or others. (Pen. Code, §§ 27882, 26892.)

Existing law prohibits firearm dealers from delivering newly purchased firearms within 10 days of the application to purchase a firearm, as specified. (Pen. Code, §26815.)

This bill provides that no later than January 1, 2027, the DOJ shall develop and launch a system to allow a person who resides in California to voluntarily add their own name to, and subsequently remove their own name from, the California Do Not Sell List (hereinafter, the “registry.”)

This bill specifies that the purpose of the registry is to prevent the sale or transfer of a firearm to a person through a lawful method.

This bill provides that the DOJ shall ensure the system does all of the following credibly:

• Verifies the identity of a person who opts to register or requests removal.
• Prevents unauthorized disclosure of a person registering or requesting removal.
• Informs the potential registrant of the legal effects of registration or removal.

This bill directs the DOJ, in implementing the provisions above, to utilize, to the extent feasible, existing state and local resources, systems, databases, and staff.

This bill provides that in implementing the registry, the DOJ shall develop forms for inclusion on, and removal from, the registry, which shall be made available through the department’s website and require, at a minimum, the following information from the individual:

• Name
• Address
• Date of birth
• Telephone number or email address
• The person’s signature
• On the form requesting inclusion on the list, an acknowledgment that reads: “By presenting this completed form to a law enforcement agency, I understand that I am requesting that my name be placed on a list that restricts my ability to lawfully purchase a firearm until such time as I remove myself from that list. I understand that by voluntarily adding my name to this list, any attempt to lawfully purchase a firearm while I am on this list will be declined. I also understand that, after the number of days described in statute have passed, I may request removal from this list.”

This bill provides that once the registry is operational, a person who resides in California may request to be added to the Do Not Sell List by submitting the completed form and proof of identification to a sheriff’s office or municipal police department.

This bill provides that the sheriff’s office or police department that receives the form shall verify the person’s identity before accepting the form, shall verify that the form is complete, and may not accept a form from someone other than the person named on the form.

This bill requires the sheriff’s office or police department receiving the form to transmit the form to the DOJ, in a manner determined by the department, as soon as possible but no later than 3 business days after receiving the form.

This bill requires the DOJ, on an ongoing basis, to ensure that properly completed forms received from a sheriff’s office or police department are uploaded and reflected in the registry, and that when an individual is added to or removed from the registry, the change in status shall be immediately reflected within state computer-based systems used by law enforcement agencies or others to identify prohibited purchases of firearms in which the person was entered.

This bill provides that the list shall not be used for any other purpose than to determine eligibility to purchase a firearm.

This bill provides that no sooner than 14 days after filing a voluntary waiver of firearm rights, the person may file a request for removal from the registry in the same manner as they requested inclusion.

This bill provides that no sooner than 21 days after receiving a request for removal of a voluntary waiver of firearm rights from a sheriff’s office or police department, and no later than 30 days after receiving the request, the DOJ shall remove the person from any state computer-based systems used by law enforcement agencies or others to identify prohibited purchasers of firearms in which the person was entered, unless the person is otherwise ineligible to possess a firearm pursuant to any other law.

This bill specifies that the fact that a person has requested to be added to the registry, is on the registry, has requested to be removed from the registry, or has been removed from the registry is confidential with respect to all matters, including, but not limited to, those involving health care, employment, education, housing, insurance, government benefits, and contracting, except that such information may be disclosed to a law enforcement officer acting in the performance of their duties.

This bill provides that records created or held pursuant to its provisions are not subject to disclosure pursuant to the California Public Records Act.

This bill provides that a violation of confidentiality occurs if a person or entity engaged in any activity described above, other than a health care professional, therapist, or counselor, inquires as to any confidential matter described above, or if any person described above, including but not limited to, a health care professional, therapist, or counselor, takes any adverse action based on that information.

This bill authorizes a person whose confidentiality is violated by an inquiry or adverse action described above to bring a private civil action for appropriate relief, including reasonable attorney’s fees, for each violation that occurs.

This bill provides that no person shall be required to voluntarily waive their firearm rights as a condition of employment or of receiving any benefits or services.

This bill includes a legislative finding recognizing that its provisions impose a limit on the public’s right of access to the writings of public officials as defined in the California Constitution and demonstrating the need for that limitation, namely, to protect the privacy of individuals on the registry.

COMMENTS

1. Need for This Bill

According to the Author:

The CDC Morbidity and Mortality Report reports an increase in suicide rates in the U.S. in the past two decades, approaching 50,000 in 2022. With firearms being used in over 50% of suicide deaths, there is a need for preventive measures to help decrease the number of suicides in the state. The creation of a voluntary registration process - Do Not Sell List - raises public awareness and can become a practical tool for individuals to exercise responsible firearm ownership. In doing so, SB 320 seeks to contribute to a collective effort to mitigate the risk of potential perpetrators accessing firearms.

1. Waiting Period and Protective Transfers

In addition to myriad crimes penalizing the improper and criminal use or transfer of firearms, California law contains various provisions intended to limit the potential violence a firearm owner or prospective buyer with harmful intent may cause before the conduct actually occurs. Under existing law, when a person attempts to purchase a firearm from a licensed dealer, the dealer must furnish the DOJ with various information about the purchaser.^[1] The DOJ then checks the purchaser information against federal and state databases to ensure that the prospective purchaser is authorized to purchase and possess a firearm. The dealer may not deliver the firearm if a background check shows that the recipient is prohibited from possessing firearms, or the dealer is notified by the DOJ that the transaction may not proceed.^[2]

The firearm purchase/transfer process also includes a 10-day waiting period that restricts a licensed dealer from delivering or transferring a firearm to a person within 10 days of the application to purchase the firearm, the submission of any correction to the application, or the submission of any fee required, after notice from the DOJ that the required fee has not been transmitted.^[3] Even though the required background checks can usually be completed within a few days, licensed dealers must wait the full 10 days before transferring possession of the firearm to the purchaser. This 10-day period is referred to as a “cooling off” period, and in large part are intended to prevent acts of violence or suicide attempts. In 2016, the Ninth Circuit Court of Appeals upheld the constitutionality of California’s 10-day waiting period, holding that the waiting period did not violate plaintiffs’ Second Amendment rights, and constituted a “reasonable precaution for the purchase of a second or third weapon, as well as for a first purchase.”^[4]

In 2019, the Legislature added a preventative feature to California firearm law via SB 172 (Portantino), Ch. 840, Stats. of 2019, which permitted the temporary transfer of a firearm without a dealer’s participation to a person who is 18 years of age or older for safekeeping to prevent it from being used to attempt suicide by the transferor or another person that may gain access to it in the transferor’s household.^[5] Last year, another protective firearm transfer provision was added to California law via SB 368 (Portantino), Ch. 251, Stats. of 2023 which required firearm dealers to accept a firearm for storage if 1) the firearm is voluntarily and temporarily transferred to the licensee to prevent significant danger of personal injury to the transferor or others, 2) the licensee does not use the firearm for any purpose except storage, and 3) the duration of the transfer is limited to the amount of time reasonably necessary to prevent the harm.^[6]

This bill proposes a prophylactic measure related to waiting periods and protective transfers and similarly aimed at reducing suicides by providing self-aware prospective gun owners an avenue for restricting their own access to new firearms.

1. Department of Justice Firearm Databases

Firearm tracking and registration in California functions through a web of interrelated firearm databases managed by the DOJ, which is responsible for retaining records related to a range of firearm-related conduct involving firearm dealers and owners, as well as transfers between certain parties. These records pertain to firearms surrendered to or recovered by law enforcement, issuance of concealed carry permits, dealer records of sale (DROS) (including records of private party transfers), importation of firearms by new residents, persons prohibited from purchasing or possessing firearms, and ownership of relics, curios and other now-prohibited weapons, such as assault weapons.^[7] The web of databases tracking and storing this information includes roughly 20 systems operated by the DOJ, among the largest and most active of which are the Armed and Prohibited Persons System (APPS), the Automated Firearms System (AFS), the Concealed Carry Weapons system (CCW), the Dealers Record of Sale Entry System (DROS), Assault Weapons Registration (AWR), and the Mental Health Reporting System (MHRP).

The DOJ has perennially bemoaned the state of its system of firearm databases and recommended that the Legislature take steps to consolidate and update them. In the latest Armed and Prohibited Persons System report, DOJ once again stated the problem:

This network of systems is incredibly complex and cumbersome to operate and navigate. Despite this monumental challenge, DOJ has been able to meet most legislative reporting mandates using these outdated databases. These databases are not flexible and were not designed to be adaptable to meet additional demands. DOJ has been able to partially adapt and circumvent issues despite using technology that is not equipped with automated processes to meet the specified conditions. Consequently, most, if not all queries must be pulled and cross-checked manually from database to database, hindering efficiency and introducing increased opportunities for error. Working to modify or maintain these legacy systems is no longer cost-effective or a technologically viable option as the databases have become outdated and no longer meet the demands of the Legislature and DOJ.^[8]

In 2020, the DOJ embarked on the Firearms IT Systems Modernization Project (FITSM), which is a long-term project aimed at updating and optimizing the department’s firearms databases. The project is currently in Phase 3 of 4 pre-implementation phases, with the Implementation Phase set to begin in the 2026-2027 fiscal year, at the earliest. This bill proposes to establish a new, DOJ-run firearms registry which must be operational by January 1, 2027. Given the current status and projected timeline of FITSM, it is unknown whether the registry proposed by this bill will be implemented under the existing database system or under the updated and consolidated system planned under FITSM. If the former, then the registry required by this bill may only add to the DOJ’s database woes.

1. Effect of This Bill

This bill requires the DOJ, by January 1, 2027, to develop and launch a new firearm system, known as the California Do Not Sell List (hereinafter, “the registry”), which would allow a California resident to add their own name to, and subsequently remove their own name from, a registry of individuals to whom the sale or transfer of a firearm should not be completed. Further, the bill mandates that the DOJ ensure that the registry and related IT systems are capable of 1) verifying the identity of a person who opts to register or requests removal; 2) preventing unauthorized disclosure of the identity of individuals registering or requesting removal; and 3) informing potential registrants of the legal effects of registration or removal. Finally, the bill specifies that in implementing this registry, the DOJ shall utilize existing state and local resources, systems, databases and staff to the extent feasible.

The bill further requires the DOJ to develop forms for inclusion on and removal from the registry, which must include specified information regarding the individual seeking to be added to or removed from the list. An individual seeking to be added to the registry must submit a completed form and proof of identification to a sheriff’s office or police department, which in turn must submit verified completed forms to the DOJ in a specified manner. The DOJ is required to ensure that when an individual is added to or removed from the registry, the change is reflected immediately in other relevant computer-based systems used by law enforcement to identify prohibited purchasers.

Additionally, the bill requires individuals who request inclusion on the registry to wait 14 days before requesting removal, and requires the DOJ to wait 21 days after receiving a request for removal before removing the person from the registry and other relevant databases. However, the bill requires DOJ to wait no longer than 30 days before removing the person from the registry. Finally, the bill provides that the act that a person has requested to be added to the registry, is on the registry, has requested to be removed from the registry, or was removed from the registry is confidential with respect to all matters, as specified, and that records created or held pursuant to the bill’s provisions are exempt from disclosure under the California Public Records Act. The bill establishes a private right of action for a violation of this confidentiality protection.

Some of the bill’s provisions raise policy questions that the Author and Committee may wish to consider. First, the bill includes references to a “voluntary waiver of firearms rights,” which, read in context, likely refers to the form that must be completed and submitted to a sheriff’s office or police department for inclusion on or removal from the registry. The bill may benefit from an amendment clarifying that the form required under this bill is called a “Voluntary Waiver of Firearms Rights Form,” rather than run the risk of being misconstrued as requiring a general waiver of firearms rights more broadly. Second the bill does not include provisions regarding any penalty for dealers who sell to a Do Not Sell List registrant notwithstanding their inclusion on the registry – the Author may want to consider whether consequences for such a sale are necessary and appropriate.

1. Prior Legislation

The Legislature’s first foray into exploring voluntary firearm prohibitions was in 2018 with AB 1927 (Bonta), which would have required the DOJ to study options and recommend an approach for allowing a person to register themselves on a list or database that prohibits them from being able to purchase a firearm. That bill was vetoed by then-Governor Brown, who acknowledged that while the bill covers an interesting area of inquiry, “the Department of Justice is currently implementing a number of large scale changes to our gun laws, and I think that any information regarding a system for self-exclusion from gun purchases can be obtained through existing means. The Legislature's standing committees, as well as California's Violence Prevention Research Center are existing avenues through which this inquiry can be conducted.”^[9]

In 2023, AB 29 (Gabriel) contained provisions that were substantially similar to this bill regarding a Do Not Sell List, but also included provisions criminalizing the transfer of a firearm to someone on the list, and requiring the Department of Public Health to create and distribute informational materials about the list. With respect to the 21-day waiting period before DOJ may remove a registrant from NICS, AB 29 specified that the removal shall not occur if the person is otherwise ineligible to possess a firearm pursuant to any other law. This bill would benefit from the inclusion of that language, so that the DOJ is not required to remove a Do Not Sell List registrant from NICS who is prohibited from purchasing or possessing a firearm under another California law. In 2024, the Author of this bill authored SB 1472, which merely required the DOJ to create the Do Not Sell List according to specified criteria, and required the DOJ to utilize, to the extent feasible, existing state and local resources. That measure died in Senate Appropriations.

1. Argument in Support

According to the California State Association of Psychiatrists:

Unfortunately, suicide death rates continue to rise every year, making it one of the leading causes of death in the country. Firearms are used in over 50% of suicide deaths and 61% of gun deaths are suicides. In addition, mass shootings continue to be a national concern and the likelihood of committing mass shootings has been identified as significantly higher among individuals experiencing suicidality. CSAP is proud to co-sponsor SB 320 because it aims to enhance firearm safety and provide individuals with a means to proactively restrict their own access to firearms; this is also in line with a recent University of Alabama study that shows, of the 200 patients surveyed at an inpatient psychiatric unit and two outpatient psychiatry clinics, nearly half of the participants would willingly place their name on a voluntary Do Not Sell list. The creation of a voluntary registration process within the DOJ raises public awareness and can become a practical tool for individuals to exercise responsible firearm ownership.

1. Argument in Opposition

According to the California Rifle and Pistol Association:

The author is bringing forth legislation that is seeking a solution to a problem the author never identifies. This bill is requiring a state mandated local program that has not identified the actual costs to institute the program during a historic budget crisis and burden on the California taxpayer. The bill requires an already overburdened California Department of Justice (CADOJ) to create a nonexistent system for California’s to add themselves to a “Do not Sell List” and then to be able to at some future date not specified by the author to remove themselves from that same list. The record of such actions per the author is not removed and thus the record is permanent.

This is yet another attempt to entrap people at a vulnerable moment in their lives to sacrifice a constitutional right. This legislature does not engage in creating systems for Californians to sacrifice any other constitutional right and to do so on the Second Amendment is reprehensible. The author is asking a person who has not been convicted of a crime, declared mentally incompetent or placed under a conservatorship to volunteer to be added to a permanent database with those who have been convicted, declared or placed by a court. This is nothing more than another attempt to vilify law abiding gun owners and California citizens.

The CADOJ still has over twenty-five thousand criminals in the Armed Prohibitive Persons System (APPS) that they have yet to apprehend and diverting their attention and resources to this bill’s intent does not make Californian’s safer.

-- END –

1. Penal Code §§28160, 28205 ↑

2. Penal Code §§27540, 28050. ↑

3. Penal Code §§ 26815, 27540, 28220 ↑

4. Silvester v. Harris (2016), 843 F.3d 816 ↑

5. Penal Code §27882. SB 172 also placed several restrictions on the protective transfer authorized under its provisions, namely, that the transferee may not use the firearm for any purpose, the firearm must be unloaded and safely secure, the duration of the transfer is limited to the amount of time reasonably necessary to prevent the harm, and that the transferee must deliver the firearm to law enforcement if the transferor becomes a prohibited person. ↑

6. Penal Code §26892. SB 368 also established a procedure for instances in which the dealer cannot legally return the firearm to the person delivering the gun for storage. ↑

7. Penal Code §§ 11106, 11108.2, 11108.3, 28100 et. seq, 17000, 27560, 27565, 28000, 30900. For a relational diagram of DOJ’s Firearms Databases and Applications, see the Departments 2023 Armed and Prohibited Persons Report, p. 54. Armed and Prohibited Persons System Report 2023 (ca.gov) ↑

8. Armed and Prohibited Persons Report, 2023, pp. 44-45. ↑

9. AB 1927 Veto Message, Governor Edmund G. Brown, Jr., 26 September 2018. ↑