Amended
IN
Assembly
March 14, 2018 |
Assembly Bill | No. 1927 |
Introduced by Assembly Member Bonta (Coauthor: Assembly Member Chiu) |
January 24, 2018 |
(a)The Department of Justice shall develop and launch a secure Internet-based platform to allow a person who resides in California to voluntarily add his or her own name to the California Do Not Sell List, hereafter the registry. The department, in cooperation with the State Department of Public Health, and other relevant state agencies, shall ensure that this Internet-based platform is easy to find. The department shall ensure that the Internet-based platform does all of the following credibly:
(1)Verifies the identity of a person who opts to register or requests removal.
(2)Prevents unauthorized disclosure of a person registering or requesting removal.
(3)Informs the potential registrant of the legal effects of registration or removal.
(b)(1)Once the Internet-based platform is operative, a person who resides in California may request, via the platform, to be added to the California Do Not Sell List. The department shall, on an ongoing basis, ensure that registry information is uploaded and reflected in the National Instant Criminal Background Check System (NICS) Index for California. The list shall not be used for any purpose other than to determine eligibility to purchase a firearm.
(2)At the time of registration, a person may, but is not required to, list up to five electronic mail addresses with the registry to be contacted promptly if the person subsequently requests that his or her name be removed from the registry. The department shall
promptly provide notice by electronic mail to the provided electronic mail addresses of the fact that the person has requested removal from the registry and of the date, time, and location of any hearing to be held pursuant to subdivision (d).
(c)(1)Registration on the California Do Not Sell List renders receipt of a firearm by a registrant unlawful, however, possession after the moment of receipt is not unlawful and the fact of possession may not be relied upon to prove a violation of this paragraph.
(2)It is unlawful to knowingly transfer a firearm to a person who is validly registered on the California Do Not Sell List. A violation of this paragraph is punishable by imprisonment in a county jail not exceeding one year, or by imprisonment in a county jail pursuant to subdivision (h) of Section 1170. A violation of this paragraph by a licensed firearms
dealer may result in a revocation of the dealer’s license.
(d)A person registered on the California Do Not Sell List may subsequently file a petition in the Superior Court of the county in which the person resides requesting to have his or her name removed from the registry. The court, after a hearing, shall order removal of the person’s name from the registry if he or she establishes by a preponderance of the evidence that he or she is not at elevated risk of suicide. Upon receiving the court order for removal, the department shall promptly remove the person from the NICS Index for California and shall expunge all records related to the person’s registration on the California Do Not Sell List and his or her removal.
(e)(1)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 involving health care, employment, education, housing, insurance, government benefits, and contracting.
30180.
(a) The Department of Justice shall develop and launch a secure Internet-based platform to enable a person who resides in California to voluntarily add his or her own name to a confidential firearm background check database, to be referred to as the California Do Not Sell List. Inclusion on the list shall render a person ineligible to purchase or receive a firearm, but shall not subject a person on the list to any criminal or civil penalty for purchasing, receiving, or possessing a firearm. Inclusion on the list shall not cause a person to be entered into the Armed Prohibited Persons System.
(b)A person presenting in a general acute care hospital or an acute psychiatric hospital who is reasonably believed by the treating clinician to be at substantially elevated risk of suicide should generally, as a best practice, be presented with the informational materials provided for in subdivision (a).
(c)