Amended  IN  Assembly  March 23, 2023

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill
No. 1420

Introduced by Assembly Member Berman

February 17, 2023

An act to amend Section 29180 Sections 26720, 26800, and 28160 of the Penal Code, relating to firearms.


LEGISLATIVE COUNSEL'S DIGEST


AB 1420, as amended, Berman. Firearms.
Existing law subjects a license to sell, lease, or transfer firearms to forfeiture for a violation of regulations on the transfer of firearms, except for violations of specified provisions relating to the storage and inspection of firearms. Existing law authorizes the department to conduct inspections of firearm dealers for compliance with specified provisions. Existing law authorizes the Department of Justice to assess a civil fine in an amount not to exceed $1,000 against a licensee that violates any provision that subjects that licensee to forfeiture of that license.
This bill would instead authorize the department to conduct inspections and assess that fine for any violation of provisions relating to regulation of those licenses, as well as for violations of specified provisions regulating the sale of secondhand firearms. The bill would make other technical changes regarding the regulation of licenses.
Existing law requires the register or record of electronic transfer of a firearm to contain specified information, including, among other things, the purchaser’s address and telephone number.
This bill would additionally require that register or record to include the purchaser’s email address.

Existing law prohibits a person from manufacturing more than 3 firearms within this state in a calendar year unless that person, firm, or corporation is a licensed firearms manufacturer, as specified. Existing law prohibits the possession of a firearm that does not have a serial number or mark of identification, as specified. Existing law requires a person, before manufacturing or assembling an unserialized firearm, to apply to the Department of Justice for a unique serial number or other mark of identification and affix that serial number or mark of identification to the firearm, as specified.

This bill would make technical, nonsubstantive changes to these provisions.

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NOYES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 26720 of the Penal Code is amended to read:

26720.
 (a) The Department of Justice may conduct inspections of dealers at least every three years to ensure compliance with Section 16575. the requirements of this title, including any regulations promulgated to implement this title, and Sections 21628.2, 21636, and 21640 of the Business and Professions Code.
(1) Commencing on January 1, 2024, the department shall conduct inspections of all dealers, except a dealer specified in subdivision (c), at least once every three years, to ensure compliance with Section 16575. the requirements of this title, including any regulations promulgated to implement this title, and Sections 21628.2, 21636, and 21640 of the Business and Professions Code.
(2) Inspections of dealers pursuant to this subdivision shall include an audit of dealer records that includes a sampling of at least 25 percent but no more than 50 percent of each record type.
(b) The department may assess an annual fee, not to exceed one hundred fifteen dollars ($115), to cover the reasonable cost of maintaining the list described in Section 26715, including the cost of inspections.
(c) A dealer whose place of business is located in a jurisdiction that has adopted an inspection program to ensure compliance with firearms law is exempt from that portion of the department’s fee that relates to the cost of inspections. The applicant is responsible for providing evidence to the department that the jurisdiction in which the business is located has the inspection program. The department may inspect a dealer who is exempt from mandatory inspections under subdivision (b) to ensure compliance with Section 16575. the requirements of this title, including any regulations promulgated to implement this title, and Sections 21628.2, 21636, and 21640 of the Business and Professions Code.

SEC. 2.

 Section 26800 of the Penal Code is amended to read:

26800.
 (a) A license under this chapter is subject to forfeiture for a violation of any of the prohibitions and requirements of this article, except those stated in the following provisions:
(1) Subdivision (c) of Section 26890.
(2) Subdivision (d) of Section 26890.
(3) Subdivision (b) of Section 26900.
(b) The department may assess a civil fine against a licensee, in an amount not to exceed one thousand dollars ($1,000), for any breach of a prohibition or requirement of this article that subjects the license to forfeiture under subdivision (a). title, including any regulations promulgated to implement this title, and Sections 21628.2, 21636, and 21640 of the Business and Professions Code. The department may assess a civil fine, in an amount not to exceed three thousand dollars ($3,000), for a violation of a prohibition or requirement of this article that subjects the license to forfeiture under subdivision (a), for either of the following:
(1) The licensee has received written notification from the department regarding the violation and subsequently failed to take corrective action in a timely manner.
(2) The licensee is otherwise determined by the department to have knowingly or with gross negligence violated the prohibition or requirement.
(c) The department may adopt regulations setting fine amounts and providing a process for a licensee to appeal a fine assessed pursuant to subdivision (b).
(d) Moneys received by the department pursuant to this section shall be deposited into the Dealers’ Record of Sale Special Account of the General Fund, to be available, upon appropriation, for expenditure by the department to offset the reasonable costs of firearms-related regulatory and enforcement activities related to the sale, purchase, manufacturing, lawful or unlawful possession, loan, or transfer of firearms pursuant to any provision listed in Section 16580.
(e) This section shall become operative on July 1, 2022.

SEC. 3.

 Section 28160 of the Penal Code is amended to read:

28160.
 (a) For all firearms, the register or record of electronic transfer shall include all of the following information:
(1) The date and time of sale.
(2) The make of firearm.
(3) Peace officer exemption status pursuant to the provisions listed in subdivision (c) of Section 16585, and the agency name.
(4) Any applicable waiting period exemption information.
(5) California Firearms Dealer number issued pursuant to Article 1 (commencing with Section 26700) of Chapter 2.
(6) For transactions occurring on or after January 1, 2003, the The purchaser’s handgun firearm safety certificate number issued pursuant to Article 2 (commencing with Section 31610) of Chapter 4 of Division 10 of this title, or pursuant to former Article 8 (commencing with Section 12800) of Chapter 6 of Title 2 of Part 4, as that article read at any time from when it became operative on January 1, 2003, to when it was repealed by the Deadly Weapons Recodification Act of 2010. title.
(7) Manufacturer’s name if stamped on the firearm.
(8) Model name or number, if stamped on the firearm.
(9) Serial number, if applicable.
(10) Other number, if more than one serial number is stamped on the firearm.
(11) Any identification number or mark assigned to the firearm pursuant to Section 23910.
(12) If the firearm is not a handgun and does not have a serial number, identification number, or mark assigned to it, a notation as to that fact.
(13) Caliber.
(14) Type of firearm.
(15) If the firearm is new or used.
(16) Barrel length.
(17) Color of the firearm.
(18) Full name of purchaser.
(19) Purchaser’s complete date of birth.
(20) Purchaser’s local address.
(21) If current address is temporary, complete permanent address of purchaser.
(22) Purchaser’s email address.

(22)

(23) Identification of purchaser.

(23)

(24) Purchaser’s place of birth (state or country).

(24)

(25) Purchaser’s complete telephone number.

(25)

(26) Purchaser’s occupation.

(26)

(27) Purchaser’s gender.

(27)

(28) Purchaser’s physical description.

(28)

(29) All legal names and aliases ever used by the purchaser.

(29)

(30) Yes or no answer to questions that prohibit purchase, including, but not limited to, conviction of a felony as described in Chapter 2 (commencing with Section 29800) or an offense described in Chapter 3 (commencing with Section 29900) of Division 9 of this title, the purchaser’s status as a person described in Section 8100 of the Welfare and Institutions Code, whether the purchaser is a person who has been adjudicated by a court to be a danger to others or found not guilty by reason of insanity, and whether the purchaser is a person who has been found incompetent to stand trial or placed under conservatorship by a court pursuant to Section 8103 of the Welfare and Institutions Code.

(30)

(31) Signature of purchaser.

(31)

(32) Signature of salesperson, as a witness to the purchaser’s signature.

(32)

(33) Salesperson’s certificate of eligibility number, if the salesperson has obtained a certificate of eligibility.

(33)

(34) Name and complete address of the dealer or firm selling the firearm as shown on the dealer’s license.

(34)

(35) The establishment number, if assigned.

(35)

(36) The dealer’s complete business telephone number.

(36)

(37) Any information required by Chapter 5 (commencing with Section 28050).

(37)

(38) Any information required to determine whether subdivision (f) of Section 27540 applies.

(38)

(39) A statement of the penalties for signing a fictitious name or address, knowingly furnishing any incorrect information, or knowingly omitting any information required to be provided for the register.

(39)

(40) A statement informing the purchaser, after his or her their ownership of a firearm, of all of the following:
(A) Upon his or her their application, the Department of Justice shall furnish him or her them any information reported to the department as it relates to his or her their ownership of that firearm.
(B) The purchaser is entitled to file a report of his or her their acquisition, disposition, or ownership of a firearm with the department pursuant to Section 28000.
(C) Instructions for accessing the department’s Internet Web site internet website for more information.

(40)

(41) For transactions on and after January 1, 2015, the purchaser’s firearm safety certificate number, except that in the case of a handgun, the number from an unexpired handgun safety certificate may be used.
(b) The purchaser shall provide the purchaser’s right thumbprint on the register in a manner prescribed by the department. No exception to this requirement shall be permitted except by regulations adopted by the department.
(c) The firearms dealer shall record on the register or record of electronic transfer the date that the firearm is delivered, together with the firearm dealer’s signature indicating delivery of the firearm.
(d) The purchaser shall sign the register or the record of electronic transfer on the date that the firearm is delivered to him or her. them.

SECTION 1.Section 29180 of the Penal Code is amended to read:
29180.

(a)For purposes of this chapter, “manufacturing” or “assembling” a firearm means to fabricate or construct a firearm, including through additive, subtractive, or other processes, or to fit together the component parts of a firearm to construct a firearm.

(b)Before manufacturing or assembling a firearm, a person manufacturing or assembling the firearm shall, for any firearm that does not have a valid state or federal serial number or mark of identification imprinted on the frame or receiver, do all of the following:

(1)(A)Apply to the Department of Justice for a unique serial number or other mark of identification pursuant to Section 29182.

(B)Each application shall contain a description of the firearm that the applicant intends to assemble, the applicant’s full name, address, date of birth, and any other information that the department may deem appropriate.

(2)(A)Within 10 days after manufacturing or assembling a firearm in accordance with paragraph (1), the unique serial number or other mark of identification provided by the department shall be engraved or permanently affixed to the firearm in a manner that meets or exceeds the requirements imposed on licensed importers and licensed manufacturers of firearms pursuant to subsection (i) of Section 923 of Title 18 of the United States Code and regulations issued pursuant thereto.

(B)If the firearm is manufactured or assembled from polymer plastic, 3.7 ounces of material type 17-4 PH stainless steel shall be embedded within the plastic upon fabrication or construction with the unique serial number engraved or otherwise permanently affixed in a manner that meets or exceeds the requirements imposed on licensed importers and licensed manufacturers of firearms pursuant to subsection (i) of Section 923 of Title 18 of the United States Code and regulations issued pursuant thereto.

(3)After the serial number provided by the department is engraved or otherwise permanently affixed to the firearm, the person shall notify the department of that fact in a manner and within a time period specified by the department, and with sufficient information to identify the owner of the firearm, the unique serial number or mark of identification provided by the department, and the firearm in a manner prescribed by the department.

(c)Any person who owns a firearm or firearm precursor part that does not bear a valid state or federal serial number or mark of identification shall be deemed to be in compliance with subdivision (b) of Section 23920 if they comply with all of the following:

(1)(A)By no later than January 1, 2024, or if a new resident of the state, within 60 days after arriving in the state with a firearm that does not have a valid state or federal serial number or mark of identification, apply to the Department of Justice for a unique serial number or other mark of identification pursuant to Section 29182.

(B)An application to the department for a serial number or mark of identification for a firearm precursor part shall include, in a manner prescribed by the department, information identifying the applicant and a description of the firearm that the applicant intends to manufacture or assemble with the firearm precursor part, and any other information that the department may deem appropriate.

(2)Within 10 days after receiving a unique serial number or other mark of identification from the department, engrave or permanently affix that serial number or mark of identification to the firearm in accordance with regulations prescribed by the department pursuant to Section 29182 and in a manner that meets or exceeds the requirements imposed on licensed importers and licensed manufacturers of firearms pursuant to subsection (i) of Section 923 of Title 18 of the United States Code and regulations issued pursuant thereto. If the firearm is manufactured or assembled from polymer plastic, 3.7 ounces of material type 17-4 PH stainless steel shall be embedded within the plastic upon fabrication or construction.

(3)After the serial number provided by the department is engraved or otherwise permanently affixed to the firearm, notify the department of that fact in a manner and within a time period specified by the department and with sufficient information to identify the owner of the firearm, the unique serial number or mark of identification provided by the department, and the firearm in a manner prescribed by the department.

(d)(1)Except by operation of law, a person, corporation, or firm that is not a federally licensed firearms manufacturer shall not sell or transfer ownership of a firearm, as defined in subdivision (g) of Section 16520, if any of the following are true:

(A)That person, corporation, or firm manufactured or assembled the firearm.

(B)That person, corporation, or firm knowingly caused the firearm to be manufactured or assembled by a person, corporation, or firm that is not a federally licensed firearms manufacturer.

(C)That person, corporation, or firm is aware that the firearm was manufactured or assembled by a person, corporation, or firm that is not a federally licensed firearms manufacturer.

(2)Paragraph (1) does not apply to the transfer, surrender, or sale of a firearm to a law enforcement agency.

(3)Any firearms confiscated by law enforcement that do not bear an engraved serial number or other mark of identification pursuant to subdivision (b) or (c), or a firearm surrendered, transferred, or sold to a law enforcement agency pursuant to paragraph (2) shall be destroyed as provided in Section 18005.

(4)Sections 26500 and 27545, and subdivision (a) of Section 31615, do not apply to the transfer, sale, or surrender of firearms to a law enforcement agency pursuant to paragraph (2).

(e)A person, corporation, or firm shall not knowingly allow, facilitate, aid, or abet the manufacture or assembling of a firearm by a person who is within any of the classes identified by Chapter 2 (commencing with Section 29800) or Chapter 3 (commencing with Section 29900) of Division 9 of this code, or Section 8100 or 8103 of the Welfare and Institutions Code.

(f)A person, corporation, or firm shall not knowingly manufacture or assemble, or knowingly cause, allow, facilitate, aid, or abet the manufacture or assembling of, a firearm that is not imprinted with a valid state or federal serial number or mark of identification.

(g)If the firearm is a handgun, a violation of this section is punishable by imprisonment in a county jail not to exceed one year, or by a fine not to exceed one thousand dollars ($1,000), or by both that fine and imprisonment. For all other firearms, a violation of this section is punishable by imprisonment in a county jail not to exceed six months, or by a fine not to exceed one thousand dollars ($1,000), or by both that fine and imprisonment. Each firearm found to be in violation of this section constitutes a distinct and separate offense. This section does not preclude prosecution under any other law providing for a greater penalty.