Amended  IN  Senate  May 26, 2017

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Senate Bill No. 464

Introduced by Senator Hill

February 16, 2017

An act to amend Section 26890 of the Penal Code, relating to firearms.


LEGISLATIVE COUNSEL'S DIGEST


SB 464, as amended, Hill. Firearms dealers: storage and security.
Existing law generally requires all inventory firearms of a firearms dealer to be stored in the licensed location when the firearms dealer is not open for business. Existing law requires each firearm to be secured by (1) storing the firearm in a secure facility that is a part of, or that constitutes, the firearms dealer’s business premises, (2) securing the firearm with a steel rod or cable with specified features, or (3) storing the firearm in a locked fireproof safe or vault in the business premises. A firearms dealer’s license is subject to forfeiture for a breach of any of those provisions.
This bill would instead require each of the firearms to be secured by storing the firearm in a secure facility, as described above. The bill would require the firearms to also be secured using either the method involving a steel rod or cable or the method involving a safe or vault, as described above. If a steel rod or cable is used, the bill would also require the installation of concrete or hardened steel pillars of sufficient strength, width, height, and spacing to stop a vehicle. The bill would require, if the rod or cable method is used and if the licensed location is at street level, that the licensee install, or cause to be installed, concrete or hardened steel pillars meeting certain specifications to protect the location’s front entrance, any floor to ceiling windows, and any other doors, from breach by a vehicle, as specified. If a safe or vault method is used, the bill would require the safe or vault to meet specified safety standards established by the Attorney General relating to risk reduction of firearm-related injuries to children 17 years of age and younger.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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


SECTION 1.

 Section 26890 of the Penal Code is amended to read:

26890.
 (a) (1) Except as provided in subdivisions (b) and (c) of Section 26805, any time when the licensee is not open for business, all inventory firearms shall be stored in the licensed location. Each particular firearm shall be secured by storing the firearm in a secure facility that is part of, or that constitutes, the licensee’s business premises. All firearms shall also be secured using either of the following methods as to each particular firearm:

(1)

(A) Secure the firearm with a hardened steel rod or cable of at least one-eighth inch in diameter through the trigger guard of the firearm. The steel rod or cable shall be secured with a hardened steel lock that has a shackle. The lock and shackle shall be protected or shielded from the use of a boltcutter boltcutter, and the rod or cable shall be anchored in a manner that prevents the removal of the firearm from the premises. Additionally install concrete or hardened steel pillars that span the length of the front of the licensee’s business premises and any other exposed areas of the premises that have one or more windows or one or more doors. The pillars shall be of sufficient strength, width, height, and spacing to stop a vehicle.

(2)

(B) Store the firearm in a locked fireproof safe or vault in the licensee’s business premises. The safe or vault shall meet the safety standards established by the Attorney General pursuant to Section 23650.
(2) If the licensee uses the method described in subparagraph (A) of paragraph (1), and the licensee’s location is at street level, the licensee shall install, or cause to be installed, concrete or hardened steel pillars to protect the location’s front entrance, any floor to ceiling windows, and any other doors, that could be breached by a vehicle. The pillars shall meet the following requirements:
(A) Be no less than four inches in diameter and 36 inches in height from the ground.
(B) Be spaced no less than 36 inches nor more than 60 inches apart, as measured from the outer edge of the pillar to the closest outer edge of the adjacent pillar.
(C) Be capable of stopping a 5,000-pound vehicle traveling at 30 miles per hour, in compliance with ASTM International Standard Test Method F3016.
(b) The licensing authority in an unincorporated area of a county or within a city may impose security requirements that are more strict or are at a higher standard than those specified in subdivision (a).
(c) Upon written request from a licensee, the licensing authority may grant an exemption from compliance with the requirements of subdivision (a) if the licensee is unable to comply with those requirements because of local ordinances, covenants, lease conditions, or similar circumstances not under the control of the licensee.
(d) Subdivision (a) or (b) shall not apply to a licensee organized as a nonprofit public benefit corporation pursuant to Part 2 (commencing with Section 5110) of Division 2 of Title 1 of the Corporations Code, or as a mutual benefit corporation pursuant to Part 3 (commencing with Section 7110) of Division 2 of Title 1 of the Corporations Code, if both of the following conditions are satisfied:
(1) The nonprofit public benefit or mutual benefit corporation obtained the dealer’s license solely and exclusively to assist that corporation or local chapters of that corporation in conducting auctions or similar events at which firearms are auctioned off to fund the activities of that corporation or the local chapters of the corporation.
(2) The firearms are not handguns.