Amended  IN  Senate  March 07, 2023

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Senate Bill
No. 8

Introduced by Senator Senators Blakespear and Skinner
(Principal coauthor: Senator Portantino)

December 05, 2022

An act relating to firearms. An act to add Section 3343.8 to the Civil Code, and to add Article 4.5 (commencing with Section 11627.5) to Chapter 1 of Part 3 of Division 2 of the Insurance Code, relating to civil law.


LEGISLATIVE COUNSEL'S DIGEST


SB 8, as amended, Blakespear. Firearms. Civil law: firearms liability and insurance.
Existing law prescribes various civil causes of action and the measure of damages for those actions.
Existing law requires any person who purchases or receives a firearm, as specified, to possess a firearm safety certificate. Existing law requires the Department of Justice to develop a written test required for the issuance of a firearm safety certificate. Existing law makes the violation of specified requirements with regard to firearms a misdemeanor or a felony, as specified.
This bill would, commencing on January 1, 2025, make a person who owns a firearm civilly liable for each incidence of property damage, bodily injury, or death resulting from the use of their firearm, as specified. This bill would provide that this liability does not apply if the owner of the firearm has reported their firearm as lost or stolen, as specified. The bill would additionally require a person who owns a firearm to obtain and continuously maintain in full force and effect a homeowner’s, renter’s, or gun liability insurance policy specifically covering losses or damages resulting from any negligent or accidental use of that firearm, including, but not limited to, death, injury, or property damage. This bill would require a person to keep written evidence of coverage in the place where a firearm is stored.
The bill would also require the Insurance Commissioner to set the minimum coverage for a policy required by the bill and to develop a standardized form of evidence of liability coverage.

Existing law authorizes a court to issue a temporary gun violence restraining order prohibiting a person from possessing a firearm or ammunition if there is reasonable cause to believe that a person poses a significant danger of harm to themselves or to another person by having a firearm.

This bill would state the intent of the Legislature to enact legislation relating to gun violence prevention.

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

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


SECTION 1.

 Section 3343.8 is added to the Civil Code, to read:

3343.8.
 (a) (1) A person who owns a firearm shall be civilly liable for each incidence of property damage, bodily injury, or death resulting from the use of their firearm.
(2) This subdivision does not apply if the firearm is lost or stolen and the owner has complied with Division 4.5 (commencing with Section 25250) of Title 4 of Part 6 of the Penal Code.
(3) This subdivision does not apply to the use of a firearm in justified self-defense or defense of another person.
(b) A person who owns a firearm shall obtain and continuously maintain in full force and effect a homeowner’s, renter’s, or gun liability insurance policy from an insurer that is authorized to do business in this state, specifically covering losses or damages resulting from the use of that firearm, including, but not limited to, death or injury to another, including without limitation a household member, guest, or invitee, and property damage.
(c) This section does not require an insurer to defend or indemnify the insured beyond the terms or limits of their policy.
(d) A person who owns a firearm shall keep valid and current written evidence of the coverage described in subdivision (b) readily available at the location where each firearm is stored.
(e) As used in this section, “firearm” has the same meaning as in subdivision (a) of Section 16520 of the Penal Code.
(f) This section shall become operative on January 1, 2025.

SEC. 2.

 Article 4.5 (commencing with Section 11627.5) is added to Chapter 1 of Part 3 of Division 2 of the Insurance Code, to read:
Article  4.5. Firearm Liability Insurance

11627.5.
 (a) The Commissioner shall, by no later than December 31, 2024, develop a standard form of evidence of liability coverage for a policy of insurance that satisfies the requirement for coverage prescribed in Section 3343.8 of the Civil Code.
(b) The Commissioner shall, by no later than July 1, 2024, set minimum coverage requirements for a policy described in Section 3343.8 of the Civil Code.

SECTION 1.

It is the intent of the Legislature to enact legislation relating to gun violence prevention.