LEGISLATIVE AFFAIRS REPORT-2023

2023 Legislative Report

The State Legislature is back in session and CRPA continues monitoring all activity. Be sure to watch CRPA’s News section, social media, and our twice-weekly emails to stay updated on calls to action.

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2023 Legislative Report:

ASSEMBLY SUPPORT

AB 27: TA: Sentencing: firearms enhancements

Position: Support

Existing law generally authorizes a court to dismiss an action or to strike or dismiss an enhancement in the furtherance of justice. Existing law requires a court to dismiss an enhancement if it is in the furtherance of justice to do so, except if dismissal of that enhancement is prohibited by any initiative statute.

This bill would also prohibit a court from dismissing a firearms-related enhancement, as defined.

Bill Analysis: This bill will restore Firearms Enhancements to keep violent felons behind bars and increase public safety if passed.

12/05/22: Bill Introduced

12/08/22: Support Recommended

01/26/23: CRPA Approved Support

01/26/23: ref to Com. On Public Safety.

02/14/23: Failed Passage.

AB 293: Alanis. Lifetime hunting and sport fishing licenses: Gold Star Family members.

Position: Support

Existing law requires the Department of Fish and Wildlife to issue lifetime hunting licenses and lifetime sport fishing licenses, and grants certain lifetime privileges to holders of those licenses, upon the one-time payment of specified fees.

This bill would require, upon application to the department, lifetime hunting licenses and lifetime sport fishing licenses to be issued at no cost to Gold Star Family members who meet certain eligibility requirements.

Bill Analysis: This bill will allow the parent, spouse, sibling or child of a family member who lost their life in service of their country to obtain a lifetime hunting license.

01/25/23: Bill Introduced

02/02/23: Support Recommended

02/02/23: Referred to Com. On W. P. & W.

03/01/23: Amended and rereferred to Com. On W. P. & W.

AB 328: Essayli: Sentencing: dismissal of enhancements

Position: Support

This bill would also prohibit a court from dismissing specified firearms-related enhancements.

Existing law requires a person who personally uses a firearm to commit certain specified felonies to be punished by an additional and consecutive term of imprisonment in the state prison for 10 years, or for 20 years if the person discharged the firearm, or for 25 years to life if the person discharged the firearm and proximately caused great bodily injury or death. Existing law authorizes a court, in the interest of justice and at the time of sentencing or resentencing, to strike or dismiss an enhancement otherwise required to be imposed by that law.

This bill would prohibit a court from striking an allegation or a finding that would make a crime punishable pursuant to those enhancement provisions, except that a court could strike or dismiss an enhancement when the person did not personally use or discharge the firearm or when the firearm was unloaded.

Bill Analysis: This bill would be a step in directing the narrative to “Crime Control” in place of “Gun Control”.

01/30/23: Bill Introduced

02/01/23: Support Recommended

AB 724: Fong. Firearms: safety certificate instructional materials

Position: Support

Existing law requires a person who purchases or receives a firearm to possess a valid and unexpired firearm safety certificate or handgun safety certificate, as applicable. Existing law prohibits the sale, delivery, or transfer of a firearm to a person who does not possess a valid and unexpired firearm safety certificate or handgun safety certificate, as applicable.

Existing law requires an applicant for a firearm safety certificate to pass an objective test, as specified. Existing law requires the Department of Justice to provide instructional and testing materials in English and Spanish.

This bill would also require these instructional and testing materials to be available in Chinese, Tagalog, Vietnamese, Korean, and Armenian.

Bill Analysis: This bill provides for more inclusiveness within our community.

02/13/23: Bill Introduced

02/14/23: Support Recommended

02/23/23: Ref. to Com. On Public Safety.

AB 859: Gallagher. Hunting: navigable waters.

Position: Support

Existing law makes it unlawful to enter land for the purpose of discharging a firearm or taking or destroying any mammal or bird, including waterfowl, on that land, without having first obtained written permission from the owner, the owner’s agent, or the person in lawful possession of that land, if either of the following applies: (1) the land belongs to, or is occupied by, another person and is either under cultivation or enclosed by a fence, or (2) there are signs forbidding trespass or hunting or both displayed at intervals not less than 3 to the mile along all exterior boundaries and at all roads and trails entering those lands, including land temporarily inundated by water flowing outside the established banks of a waterway.

This bill would restrict the application of the provisions regarding land temporarily inundated by water flowing outside the established banks of a waterway to non-navigable waters. The bill would also state that these provisions do not restrict the public’s right to use navigable waters for hunting, fishing, or other public purposes under the California Constitution.

Bill Analysis: This bill provides for more inclusiveness within our community.

02/14/23: Bill Introduced

02/15/23: Support Recommended

02/23/23: Ref. to Com. On W., P. & W.

AB 1507: Gallagher: Firearms: state property

Position: Support

This bill would also prohibit a court from dismissing specified firearms-related enhancements.

Bill Analysis: This bill would exempt youth shooting sports organizations, youth hunting organization, or a nonprofit conservation organization from the existing law on state properties.

02/17/23: Bill Introduced

02/18/23: Support Recommended

ASSEMBLY OPPOSE

AB 28: Gabriel. Firearms: gun violence protection tax.

Existing law imposes various taxes, including taxes on the privilege of engaging in certain activities. The Fee Collection Procedures Law, the violation of which is a crime, provides procedures for the collection of certain fees and surcharges.

This bill would state the intent of the Legislature to enact legislation that would enact a tax to fund measures to protect against gun violence on firearms and ammunition.

Bill Analysis: This former Assemblyman Levine’s failed AB 1227 in 2022, AB 1223 in 2021, and AB 18 in 2019. This bill is a tax and requires a 2/3 vote.

12/05/22: Bill Introduced

12/09/22: Opposition Recommended

01/26/23: CRPA Approved Opposition

AB 29: Gabriel: Firearms: California do not sell list.

Position: Opposition

Existing law makes possession of a firearm by certain classes of persons, including a convicted felon, a person convicted of specified misdemeanors, a person has been found mentally incompetent to stand trial, a person has been found not guilty of specified crimes by reason of insanity, or a person 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 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.Bill Analysis: This bill would require medical staff to provide information to those in certain conditions to place themselves on this list. The legislature is being inconsistent when they argue that in general people in the various situations may not be able to make informed decisions to make a decision that could be detrimental.

12/05/22: Bill Introduced

12/08/22: Oppose Recommended

01/26/23: CRPA Approved Opposition

01/26/23: Ref. to Public Safety & Health

02/14/23: Amended and ref. to Com on Health.

02/15/23: Read second time and amended.

02/16/23: Re-referred to Com. On Health.

AB 36: Gabriel: Domestic violence protective orders: possession of a firearm.

Position: Recommended Oppose

Existing law prohibits a person subject to a protective order, as defined, from owning, possessing, purchasing, or receiving a firearm while that protective order is in effect and makes a willful and knowing violation of a protective order a crime.

This bill would state the intent of the Legislature to enact legislation to extend that prohibition for an additional 3 years after the expiration of a protective order unless the court finds the person to not be a threat to public safety.

Bill Analysis: This bill would increase the DVPO from 3 years to 6 years.

12/05/22: Bill Introduced

12/08/22: Oppose Recommended

01/26/23: CRPA Approved Opposition

AB 92: Connolly. Body armor: prohibition.

Position: Opposition

Existing law makes it a felony for a person who has been convicted of a violent felony to purchase, own, or possess body armor. Existing law authorizes a person subject to that prohibition, whose employment, livelihood, or safety is dependent on the ability to legally possess and use body armor, to file a petition for an exception to the prohibition with the chief of police or county sheriff of the jurisdiction in which the person seeks to possess and use the body armor, as provided.

Bill Analysis: This bill as written would prohibit the use of body armor by Firearms Instructors, Range Safety Personnel, and others. It would also criminalize parents who purchased body armor for their school children in the form of backpacks as well as their teachers who have done likewise.

01/05/23: Bill Introduced

01/06/23: Opposition Recommended

01/26/23: CRPA Approved Opposition

01/26/23: Ref. to Public Safety

01/30/23: Hearing Cancelled request of Author.

02/21/23: Author amendments.

02/22/23: ref to Public Safety

AB 97: Rodriguez. Firearms: unserialized firearms.

Position: Opposition

This bill would make the possession of an unserialized firearm or possession of a firearm with an altered, removed, or obliterated serial number punishable as a felony.

Bill Analysis: This bill would change a misdemeanor offence into a felony and would place many law-abiding citizens in a negative situation.

01/09/23: Bill Introduced

01/10/23: Opposition Recommended

01/26/23: CRPA Approved Opposition

01/26/23: Ref. to Public Safety

02/12/23: Hearing Canceled at the request of the author.

AB 262: Holden. Children’s camps: regulations.

Formerly

AB 1737 – 2022 Session – Holden. Children’s camps: safety.

SB 995 – 2020 Session – Portantino. Recreational and organizational camps. “Roxie Rules”

SB 217 – 2019 Session – Portantino. Recreational and organizational camps. “Roxie Rules”

Position: Opposition

Bill Analysis: This bill is setting up a new state mandated group to approve/disapprove youth camps based on a stakeholder group with little to no real-world experience in the operation, maintenance or training surrounding a youth shooting range. This appears to be another attempt by the legislature to remove firearms activities from youth in California.

01/19/23: Bill Introduced

01/20/23: Opposition Recommended

01/26/23: CRPA Approved Opposition

02/02/23 Ref to Human Services

AB 301: Bauer-Kahan. Body Armor: prohibition.

Similar to AB 92.

This bill would repeal those provisions and instead make it a misdemeanor for any person to purchase or take possession of body armor, and a felony for any person who has been convicted of a violent felony to do so, unless they are employed in specified professions. The bill would additionally make it a misdemeanor for a person, firm, or corporation to sell or deliver body armor to any person not engaged in one of those professions. The bill would require a seller to verify that a transferee is from an eligible profession, as specified. The bill would authorize the Department of Justice to expand the list of eligible professions if the duties of the profession may expose an individual engaged in the profession to serious physical injury that may be prevented or mitigated by the wearing of body armor, or if the duties of the profession are necessary to facilitate the lawful purchase, sale, or use of body armor.

Position: Opposition – Recommended

01/26/23: Bill Introduced

01/27/23: From Printer

02/02/23 Ref to Public Safety

02/22/23: Amended by Author.

02/23/23: Re-referred to Public Safety.

AB 574: Jones-Sawyer. Firearms. Concealed carry firearms.

Existing law authorizes the sheriff of a county or the chief or other head of a municipal police department of any city or city and county to issue a license to carry a concealed firearm to an applicant for that license if the applicant is of good moral character, good cause exists for issuance of the license, the applicant meets specified residency requirements, and the applicant has completed a specified course of training, acceptable to the licensing authority. Existing law requires the course of training to include instruction on firearm handling and shooting technique and to also include a demonstration by the applicant of shooting proficiency and safe handling of each firearm the applicant will be licensed to carry and to include live-fire exercises conducted on a firing range.

Position: Opposition – Recommended

Bill Analysis: This bill is a CCW Spot Bill. The author has stated the Assembly doesn’t need to adhere to the US Constitution and thus we are opposing.

02/08/23: Bill Introduced

02/09/23: From Printer

02/10/23: Opposition Recommended.

AB 725: Lowenthal. Firearms: reporting of lost and stolen firearms.

Existing law requires a person to report any lost or stolen firearm to a law enforcement agency, as specified. A violation of this provision is punishable as an infraction or misdemeanor. Existing law also requires the sheriff or chief of the law enforcement agency receiving such a report to enter a description of the lost or stolen firearm into the Department of Justice Automated Firearms System. Existing law defines a firearm for purposes of these provisions.

This bill would amend how a firearm is defined for purposes of these provisions to include the frame or receiver of the weapon, including both a completed frame or receiver, or a firearm precursor part.

By expanding the definition of firearm, this bill would expand the applicability of a crime and impose a state-mandated local program. Also, by imposing new duties on local law enforcement, this bill would impose a state-mandated local program.

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.

Position: Opposition – Recommended

Bill Analysis: This bill already exists in law and therefore is unnecessary.

02/13/23: Bill Introduced

02/14/23: Opposition Recommended.

02/23/23: Ref. to Com. On Public Safety.

ASSEMBLY WATCH

AB 23: Muratsuchi: Theft: shoplifting: amount.

Position: Watch

Bill Analysis: The definition Grand Theft of firearms is being monitored.

12/05/22: Bill Introduced

01/26/23: Ref to Public Safety

02/05/23: Watch recommendation.

02/08/23: First hearing. Cancelled by Author.

02/28/23: Second hearing. Cancelled by Author.

AB 32: Nguyen: Violent felonies: hate crimes.

Position: Watch

Existing law classifies certain felonies as violent felonies for purposes of various provisions of the Penal Code. Existing law imposes an additional one-year term for a sexually violent felony and a 3-year term for a violent felony for each prior separate prison term served for a violent felony.

This bill would additionally define felony hate crimes as a violent felony, as specified. By increasing the punishment for a crime, this bill would impose a state-mandated local program.

Bill Analysis: The definition of “hate crimes” is being watched closely. Federal Agencies have classified 2A groups under that category.

12/05/22: Bill Introduced

12/05/22: Bill Corrected

01/26/23: Ref to Public Safety

02/05/23: Watch recommendation.

02/06/23: First hearing. Cancelled by Author.

02/17/23: Second hearing. Cancelled by Author.

Ab 64 Mathis: Fish 7 Wildlife: beaver.

Position: Watch

Existing law defines the beaver as a furbearing mammal. Existing law provides various programs related to habitat protection and wildlife conservation.

This bill would state the intent of the Legislature to enact subsequent legislation that would improve beaver management and conservation across the state. The bill would make related findings and declarations.

Bill Analysis: This is a placeholder bill demonstrating the intent of the Legislature to enact legislation in this specific area. Bill language will be forthcoming later.

12/05/22: Bill Introduced

12/08/22: Watch Recommended

01/26/23: CRPA Approved Watch

AB 75: Hoover: Theft: shoplifting: amount.

Position: Watch

Bill Analysis: The subject of firearms is being monitored.

12/14/22: Bill Introduced

01/26/23: Ref to Public Safety

02/05/23: Watch recommendation.

02/08/23: First hearing. Cancelled by Author.

02/28/23: Revised

02/28/23: Second hearing. Failed passage.

AB 303: Davies: Firearms: prohibited persons.

Position: Watch

Existing law requires the Attorney General to establish and maintain an online database known as the Prohibited Armed Persons File, sometimes referred to as the Armed Prohibited Persons System, to cross-reference persons who have ownership or possession of a firearm, and who, subsequent to the date of ownership or possession of that firearm, fall within a class of persons who are prohibited from owning or possessing a firearm. Existing law requires the Attorney General to provide investigative assistance to local law enforcement agencies to better ensure the investigation of individuals who are armed and prohibited from possessing a firearm.

This bill would require that investigative assistance to include all investigative notes, reports, and related materials on individuals listed in the Prohibited Armed Persons File.

Bill Analysis: Monitoring this bill to make sure it does as assert and makes the DOJ provide timely and accurate information to investigators.

01/27/23: Bill Introduced

02/01/23: Watch Recommended

02/02/23: Ref to Com. On Public Safety

AB 335: Alanis: Proposition 47: repeal.

Position: Watch

The Safe Neighborhoods and Schools Act, enacted as an initiative statute by Proposition 47, as approved by the electors at the November 4, 2014, statewide general election, made various changes relating to theft and the possession of controlled substances, including by, among other things, generally reducing the penalty for those crimes, including reducing the penalty for possession of concentrated cannabis, establishing a procedure by which individuals convicted of those crimes prior to the passage of the act may petition for resentencing under the act, and creating the crime of shoplifting. The act also requires the Director of Finance to calculate the savings accruing to the state as a result of the implementation of the act and requires the Controller to transfer that sum from the General Fund to the Safe Neighborhoods and Schools Fund, which was created by the act. The act specifies the manner of distribution of those funds and the purposes for which they may be used.

This bill would repeal the changes and additions made by Proposition 47, except those related to reducing the penalty for possession of concentrated cannabis. This bill would provide that it would become effective only upon approval of the voters and would provide for the submission of this measure to the voters for approval at the next statewide general election.

Bill Analysis: This bill is being watched closely as it moves through the process.

01/30/23: Bill Introduced

02/01/23: Watch Recommended

02/09/23: Ref to Com. On Public Safety

AB 467: Gabriel: Proposition 47: repeal.

Position: Watch

Existing law allows the court to issue a protective order restraining a defendant from any contact with the victim if the defendant has been convicted of a crime of domestic violence, human trafficking, a crime in furtherance of a criminal street gang, or a registerable sex offense. Under existing law, the protective order may be valid for up to 10 years, as determined by the court.

This bill would clarify that the order may be modified by the sentencing court in the county in which it was issued throughout the duration of the order if the court is convinced beyond a reasonable doubt that the modification is in the best interest of the victim.

Bill Analysis: This bill is being watched closely as it moves through the process.

02/06/23: Bill Introduced

02/15/23: Watch Recommended

02/17/23: Ref to Com. On Public Safety

AB 335: Alanis: Proposition 47: repeal.

Position: Watch

Bill Analysis: This bill is being watched closely as it moves through the process.

01/30/23: Bill Introduced

02/01/23: Watch Recommended

02/09/23: Ref to Com. On Public Safety

AB 455 Quirk-Silva: Firearms: prohibited persons.

Position: Watch

Existing law prohibits a person who has been convicted of a felony offense or a specified misdemeanor domestic violence offense from possessing or receiving a firearm. Existing law prohibits a person who has been convicted of specified misdemeanor offenses within the previous 10 years from possessing or receiving a firearm. Existing law prohibits a person who has been taken into custody because that person is a danger to themselves or others or has been certified for intensive treatment due to a mental disorder or mental illness, from possessing or receiving a firearm, as specified. Existing law prohibits a person who has been placed under conservatorship by a court, has been found mentally incompetent to stand trial, has been found not guilty of specified crimes due to reason of insanity, has been adjudicated by a court to be a danger to others as a result of a mental disorder or mental illness, or who has been adjudicated to be a mentally disordered sex offender from possessing or receiving a firearm, as specified. A violation of any of the prohibitions is punishable as a crime.

Existing law authorizes a court to grant pretrial diversion, for a period no longer than 2 years, to a defendant suffering from a mental disorder, on an accusatory pleading alleging the commission of a misdemeanor or felony offense, in order to allow the defendant to undergo mental health treatment.

This bill would prohibit any person who has completed mental health diversion for specified offenses from thereafter possessing or receiving a firearm, as specified.

By expanding the application of an existing crime, this bill would impose a state-mandated local program.

Bill Analysis: This is bill will be watched vary carefully as there is the issue of mentally ill having access to a firearm and the danger of denying a person there rights without a conviction that would prohibit the exercise of their rights.

02/06/23: Bill Introduced

02/07/23: Watch Recommended

02/17/23: Ref. to Com. On Public Safety

AB 667 Maienschein. Firearms: gun violence restraining orders.

Position: Watch

Existing law allows a court to issue a gun violence restraining order prohibiting and enjoining a named person from having custody or control of any firearms or ammunition if the person poses a significant danger of causing personal injury to themselves or another by having custody or control of a firearm or ammunition. Existing law authorizes a court to issue a gun violence restraining order to prohibit a person from purchasing or possessing a firearm or ammunition for a period of one to 5 years, subject to renewal for additional one- to 5-year periods, if the subject of the petition poses a significant danger of self-harm or harm to another in the near future by having a firearm and the order is necessary to prevent personal injury to the subject of the petition or another. Existing law makes it a crime to own or possess a firearm in violation of a gun violence restraining order.

This bill would increase the renewal period to a maximum of 10 years, instead of 5, if the subject of the petition poses a significant danger of self-harm or harm to another in the near future by having a firearm and the order is necessary to prevent personal injury to the subject of the petition or another. By expanding the scope of an existing crime, this bill would impose a state-mandated local program.

Bill Analysis: This bill is unconstitutional.

02/13/23: Bill Introduced

02/14/23: Watch Recommended

02/23/23: Ref. to Com. On Public Safety

AB 742: Jackson: Law enforcement: police canines.

Position: Watch

Existing law authorizes a peace officer to use reasonable force to effect the arrest, to prevent escape, or to overcome resistance of an individual. Existing law requires law enforcement agencies to maintain a policy on the use of force.

Existing law prohibits the use of kinetic energy projectiles or chemical agents by any law enforcement agency to disperse any assembly, protest, or demonstration, except in compliance with specified standards.

This bill would prohibit the use of an unleashed police canine by law enforcement to apprehend a person, and any use of a police canine for crowd control. The bill would prohibit law enforcement agencies from authorizing any use or training of a police canine that is inconsistent with this bill.

Bill Analysis: This bill is being watched with our allies very closely.

02/13/23: Bill Introduced

02/14/23: Watch Recommended

02/23/23: Ref to Com. On Public Safety

AB 758: Dixon: Firearms

Position: Watch

Existing law, commencing on January 1, 2024, prohibits the possession of a firearm that does not have a valid state or federal serial number or mark of identification. Existing law provides certain sentencing enhancements for persons who use or possess a firearm in the commission of certain crimes.

This bill would add an additional sentencing enhancement for persons who use or possess a firearm without a valid serial number or mark of identification during the commission of certain criminal offenses.

Existing law also prohibits certain persons who have been convicted of a criminal offense or have been treated for a mental disorder from possessing a firearm.

This bill would impose a sentencing enhancement for this offense if the firearm possessed does not have a valid serial number or mark of identification.

By adding new sentencing enhancements, this bill would impose a state-mandated local program.

Bill Analysis: The definition of “during the commission of certain criminal offenses” is being watched closely.

02/13/23: Bill Introduced

02/14/23: Watch Recommended

02/23/23: Ref to Com. On Public Safety

AB 762: Becker: GVRO

Position: Watch

Bill Analysis: GVRO Spot Bill

02/17/23: Bill Introduced

02/17/23: Watch Recommended

02/21/23: May be acted upon after 20 March 23.

AB 818: Petrie-Norris: Firearms: Armed Prohibited Persons File.

Position: Watch

Existing law requires the Attorney General to establish and maintain an online database, known as the Prohibited Arms Persons File, to cross-reference individuals who own or possess firearms after a specified date with individuals who may fall within a class of persons who are prohibited to do so.

Bill Analysis: The bill is a spot bill and makes technical changes only as written.

02/13/23: Bill Introduced

02/14/23: Watch Recommended

02/14/23: May be heard March 16

AB 828: Connolly: Sustainable groundwater management: state agencies.

Position: Watch

Existing law, the Sustainable Groundwater Management Act, requires all groundwater basins designated as high- or medium-priority basins by the Department of Water Resources that are designated as basins subject to critical conditions of overdraft to be managed under a groundwater sustainability plan or coordinated groundwater sustainability plans by January 31, 2020, and requires all other groundwater basins designated as high- or medium-priority basins to be managed under a groundwater sustainability plan or coordinated groundwater sustainability plans by January 31, 2022, except as specified.

Existing law requires all relevant state agencies, as described, to consider the policies of the act, and any groundwater sustainability plans adopted pursuant to the act, when revising or adopting policies, regulations, or criteria, or when issuing orders or determinations, where pertinent.

Bill Analysis: The bill is a spot bill and has potential to be harmful to hunting opportunity.

02/13/23: Bill Introduced

02/14/23: Watch Recommended

02/14/23: May be heard March 16

Ab 851 McCarty: Firearms

Position: Watch

Existing law prohibits a person from carrying a concealed firearm or carrying a loaded firearm in public. Existing law authorizes a licensing authority, as specified, if good cause exists for the issuance, and subject to certain other criteria including, among other things, the applicant is of good moral character and has completed a specified course of training, to issue a license to carry a concealed handgun or to carry a loaded and exposed handgun, as specified.

Bill Analysis: This is a CCW Spot Bill.

02/14/23: Bill Introduced

02/15/23 Watch Recommended

AB 1010: Flora: Firearms.

Position: Watch

Existing law generally prohibits the carrying of a concealed firearm, subject to specified exemptions. A violation of this prohibition is punishable either as a felony or misdemeanor, as specified.

Bill Analysis: The bill is a CCW spot bill.

02/15/23: Bill Introduced

02/16/23: Watch Recommended

02/16/23: May be heard March 18

AB 1039 Rodriguez. Sentencing: dismissal of enhancements.

Position: Watch

Existing law generally authorizes a court to dismiss an action or to strike or dismiss an enhancement in the furtherance of justice. Existing law requires a court to dismiss an enhancement if it is in the furtherance of justice to do so, and requires the court to consider certain circumstances and accord them great weight in favor of dismissing the enhancement, unless the court finds that dismissal of the enhancement would endanger public safety.

Bill Analysis: Spot Bill.

02/15/23: Bill Introduced

02/16/23: Watch Recommended

02/23/23: Ref to Public Safety.

AB 1047 Maienschein. Firearms purchase notification registry.

Position: Watch

Existing law generally regulates the sale and transfer of firearms, including, among other requirements and subject to exceptions, that the transfer of a firearm be conducted through a firearms dealer. Existing law, subject to exceptions, imposes a 10-day waiting period for delivery of a firearm, during which time a background check is conducted by the Department of Justice to determine if the proposed recipient of the firearm is prohibited from owning or possessing a firearm.

This bill would require the Department of Justice to develop and launch a secure internet-based platform to allow a person who resides in California to voluntarily add their own name to a registry that would advise friends and family members of the person’s attempt to purchase a firearm during the 10-day waiting period. The bill would, at the time of registration, require the registrant to add up to 5 email addresses of family or friends and would require the department, as soon as practicable but within the 10-day waiting period, to provide notice by email to the provided addresses that the registrant is in the process of purchasing a firearm, the registrant voluntarily added their name to the registry, and the purpose of the registry is for a third party to potentially intervene and prevent the registrant from purchasing a firearm.

Bill Analysis: CRPA is monitoring to make sure the 10-day waiting period is not extended.

02/15/23: Bill Introduced

02/16/23: Watch Recommended

02/23/23: Ref to Public Safety.

AB 1089 Gipson. Firearms.

Position: Watch

(1) Existing law requires any person who manufactures more than 3 firearms in a year to be licensed by the state as a firearm manufacturer. Existing law prohibits any person from using a three-dimensional printer to manufacture a firearm unless that person is a state-licensed firearms manufacturer. Existing law prohibits any person from using a CNC milling machine to manufacture a firearm unless the person is a federally licensed manufacturer or importer.

This bill would instead require anybody who uses a three dimensional printer or CNC milling machine to manufacture a firearm to be a state-licensed manufacturer.

(2) Existing law prohibits the sale, purchase, possession, or receipt of a CNC milling machine that has the sole function of manufacturing firearms to or by anybody in the state other than a federally licensed manufacturer or importer.

This bill would instead prohibit the sale, purchase, possession, or receipt of a three dimensional printer or CNC milling machine that has the primary or intended function of manufacturing firearms to or by any person in the state other than a state-licensed firearm manufacturer, as specified.

(3) Existing law commencing on July 1, 2023, requires a firearm industry member, as defined, to take reasonable precautions to ensure that they do not sell, distribute, or provide a firearm-related product, as defined, to a downstream distributor or retailer who fails to establish reasonable controls or adhere to laws pertaining to unfair methods of competition, unfair or deceptive acts or practices, and false advertising, and prohibits a firearm industry member from manufacturing, marketing, importing, or offering for sale a firearm-related product that is abnormally dangerous and likely to create an unreasonable risk of harm to public health and safety, and also authorizes a person who has suffered harm, or the Attorney General, or city or county attorneys, to bring a civil action against a firearm industry member for an act or omission in violation of these requirements

This bill would add three-dimensional printers and CNC milling machines, as specified, to the definition of firearm-related products.

(4) The bill would additionally provide that a civil action may be brought against a person who distributes any code or digital instructions for the manufacture of a firearm using a three-dimensional printer or CNC milling machine. The bill would specify that a person is strictly liable for any personal injury or property damage caused by any firearm manufactured using the distributed code.

(5) The bill would declare its provisions to be severable.

(6) By expanding existing crimes, this bill would impose a state-mandated local program.

Bill Analysis: CRPA is monitoring.

02/15/23: Bill Introduced

02/16/23: Watch Recommended

02/23/23: Ref to Public Safety.

AB 1133 Schiavo: Firearms: concealed carry licenses.

Position: Watch

Existing law authorizes the sheriff of a county or the chief or other head of a municipal police department of any city or city and county to issue a license to carry a concealed firearm to an applicant for that license if the applicant is of good moral character, good cause exists for issuance of the license, the applicant meets specified residency requirements, and the applicant has completed a specified course of training, acceptable to the licensing authority. Existing law requires the course of training to be no less than 8 hours, include instruction on firearm handling and shooting technique, as specified, and to include live-fire exercises conducted on a firing range. Existing law provides that, for license renewal applicants, the course of training may be any course acceptable to the licensing authority, must be no less than 4 hours, and must meet the above-described requirements.

This bill would express the intent of the Legislature to enact legislation to create a state-approved standardized curriculum for persons who are training applicants and persons who are applying for a license to carry a firearm capable of being concealed upon the person.

Bill Analysis: There is no need for this bill. CCW holders according to national statistics are the most law abiding citizens.

02/15/23: Bill Introduced

02/16/23: Watch Recommended

AB 1310 McKinnor. Sentencing: recall and resentencing.

Position: Watch

Existing law generally authorizes a court to, in the furtherance of justice, dismiss an enhancement. Existing law makes a person who personally uses a firearm in the commission of a felony punishable by an additional and consecutive term of imprisonment in the state prison for 3, 4, or 10 years. Existing law makes a person who personally uses a firearm in the commission of specified felonies punishable by imprisonment in the state prison for an additional and consecutive term of 10 years and makes them punishable by an additional and consecutive term of imprisonment of 20 years if they discharge the firearm. Existing law makes a person who discharges a firearm and causes great bodily injury in the commission of specified felonies punishable by an additional and consecutive term of imprisonment of 25 years to life. Existing law, until January 1, 2018, prohibited courts from striking those firearm enhancements. Existing law on and after January 1, 2022, requires a court to dismiss an enhancement if it is in furtherance of justice to do so, except as specified.

This bill would authorize a person who, on or before January 1, 2022, suffered a conviction of those firearm enhancements to petition the court for resentencing. The bill would require the court during that resentencing to have a presumption for resentencing, which may only be overcome if a court finds the defendant is an unreasonable risk of danger to public safety and would require the court to dismiss those enhancements if it is in the furtherance of justice to do so, except as specified. The bill would require the court to appoint counsel for a hearing under these provisions. By imposing additional duties on county public defenders, this bill would impose a state-mandated local program.

Bill Analysis: This is an awkward bill in that it permits someone who has been penalized in a crime to petition for a reduced sentence.

02/16/23: Bill Introduced

02/18/23: Watch Recommended

AB 1371 Low: Firearms: carrying concealed.

Position: Watch

Existing law prohibits the carrying of a concealed firearm, as specified. Existing law exempts specified active and retired peace officers from this prohibition, subject to certain conditions.

Bill Analysis: CCW/LE Spot Bill.

02/17/23: Bill Introduced

02/18/23: Watch Recommended

AB 1420 Berman. Firearms.

Position: Watch

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.

Bill Analysis: Spot Bill on manufacturing

02/17/23: Bill Introduced

02/18/23: Watch Recommended

AB 1483 Valencia. Firearms: purchases.

Position: Watch

Existing law, subject to exceptions, prohibits a person from making more than one application to purchase a handgun within any 30-day period. Commencing on January 1, 2024, existing law will also apply this limitation to completed frames or receivers and firearm precursor parts.

Bill Analysis: Spot Bill.

02/17/23: Bill Introduced

02/18/23: Watch Recommended

AB 1486 Jones-Sawyer. Assault Weapons.

Position: Watch

Existing law makes it a crime to manufacture, distribute, transport, import, or possess an assault weapon, except as specified. Existing law, the Roberti-Roos Assault Weapons Control Act of 1989 and the .50 Caliber BMG Regulation Act of 2004, requires the Attorney General to prepare a description for identification purposes, including a picture or diagram, of each assault weapon, as defined, to be distributed to law enforcement to use in enforcing the assault weapon ban.

Bill Analysis: Spot Bill.

02/17/23: Bill Introduced

02/18/23: Watch Recommended

02/18/23: May be heard 20 March 23.

AB 1491 Grayson. CEQA: master environmental impact report.

Position: Watch

The California Environmental Quality Act (CEQA) requires a lead agency, as defined, to prepare, or cause to be prepared, and certify the completion of an environmental impact report on a project that it proposes to carry out or approve that may have a significant effect on the environment or to adopt a negative declaration if it finds that the project will not have that effect. CEQA also requires a lead agency to prepare a mitigated negative declaration for a project that may have a significant effect on the environment if revisions in the project would avoid or mitigate that effect and there is no substantial evidence that the project, as revised, would have a significant effect on the environment.

CEQA authorizes a lead agency to prepare a master environmental impact report that contains specified information for specified projects.

Bill Analysis: Spot Bill. Deals with the lead issue.

02/17/23: Bill Introduced

02/18/23: Watch Recommended

AB 1497 Haney: Criminal procedure

Position: Watch

(1) Existing law, in a criminal trial, allows evidence of mental disease, mental defect, or mental disorder solely for the issue of whether or not the accused actually formed a required specific intent, premeditated, deliberated, or harbored malice aforethought, when a specific intent crime is charged.

This bill would instead allow that evidence for the issue of whether or not the accused actually formed the required mental state for the crime that is charged, including whether or not the accused committed a willful act, premeditated, deliberated, harbored malice aforethought, acted knowingly, acted maliciously, or acted with conscious disregard for human life.

(2) Existing law allows a person who was arrested or convicted of a nonviolent offense while they were a victim of human trafficking, intimate partner violence, or sexual violence, to petition the court, under penalty of perjury, for vacatur relief. To receive that relief, existing law requires that the person establish, by clear and convincing evidence, that the arrest or conviction was the direct result of being a victim of human trafficking, intimate partner violence, or sexual violence, which demonstrates that the person lacked the requisite intent to commit the offense. Existing law requires the court, under those circumstances, to find that the person lacked the requisite intent to commit the offense and to vacate the conviction as invalid due to legal defect at the time of the arrest or conviction.

This bill would allow that relief for a person arrested or convicted of any offense. By expanding the scope of the crime of perjury, this bill would impose a state-mandated local program.

(3) Existing law creates an affirmative defense against a charge of a crime that the person was coerced to commit the offense as a direct result of being a victim of human trafficking, intimate partner violence, or sexual violence at the time of the offense and when the person had reasonable fear of harm. Existing law prohibits this defense from being used with respect to a violent felony, as defined.

This bill would allow that defense to be used with respect to a violent felony.

(4) If a court issues an order for a person who was arrested or convicted of an offense while they were a victim of intimate partner violence or sexual violence, existing law requires the court to order the law enforcement agency having jurisdiction over the offense, the Department of Justice, and any law enforcement agency that arrested the petitioner or participated in the arrest of the petitioner to seal their records of the arrest and the court order to seal and destroy the records within 3 years from the date of the arrest, or within one year after the court order is granted, whichever occurs later, and thereafter to destroy their records of the arrest and the court order to seal and destroy those records.

This bill would require the court to also order any law enforcement agency that has taken action or maintains records because of the offense, including, but not limited to, departments of probation, rehabilitation, corrections, and parole, to seal and destroy their records. The bill would require the agencies mentioned above to seal their records of arrest and court order to seal and destroy the records within one year from the date of arrest, or within 90 days after the court order is granted, whichever occurs later. The bill would require the agencies to destroy these records within one year of the date of the court order. The bill would also require the Department of Justice to notify the petitioner and the petitioner’s counsel that the department has complied with the order to seal the arrest records by the applicable deadline.

(5) Existing law requires the court, when a judgment of imprisonment is imposed and specifies 3 possible terms, to impose the middle term unless there are circumstances in aggravation or mitigation of the crime. Existing law requires the court to order imposition of a lower term if the person has experienced psychological, physical, or childhood trauma, is or was a youth, as defined, at the time of the commission of the offense, or was a victim of intimate partner violence or human trafficking, unless the aggravating circumstances so far outweigh the mitigating circumstances that the imposition of the lower term would be contrary to the interests of justice.

This bill would require the court, when deciding whether the aggravating circumstances outweigh the mitigating circumstances, to only consider those aggravating circumstances that have been stipulated to by the defendant, or have been found true beyond a reasonable doubt at trial by the jury or by the judge in a court trial. The bill would require the court, except in specified circumstances, to, upon the request of the defendant, bifurcate the trial on the circumstances in aggravation from the trial of charges and enhancements.

(6) Existing law requires a person convicted of 2 or more felonies to be sentenced to an aggregate term of imprisonment for all convictions at a sum of the principal term, the subordinate term, and any additional term imposed for applicable enhancements, prior convictions, and prior prison terms. Under existing law, a principal term consists of the greatest term of imprisonment imposed by the court for any of the crimes, including any term imposed for applicable enhancements. Under existing law, the subordinate term for each consecutive offense is 1/3 of the middle term of imprisonment prescribed for each other felony conviction for which a consecutive term of imprisonment is imposed, including 1/3 of the term imposed for any specific enhancements applicable to those subordinate offenses.

This bill would, unless contrary to the interests of justice, prohibit a court from imposing consecutive terms for 2 or more felonies if the person has experienced psychological, physical, or childhood trauma, is or was a youth at the time of the commission of the offense, or was a victim of intimate partner violence or human trafficking prior to the instant offense, or at the time of the commission of the offense.

(7) Existing law imposes various sentence enhancements, consisting of additional and consecutive terms of imprisonment.

This bill would prohibit a court, unless contrary to the interests of justice, from imposing a term of imprisonment for any sentence enhancement if the person has experienced psychological, physical, or childhood trauma, is or was a youth at the time of the commission of the offense, or was a victim of intimate partner violence or human trafficking prior to the instant offense, or at the time of the commission of the offense.

(8) 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.

Bill Analysis: Many changes being made to the law to determine if the accused actually formed a specific criminal intent.

02/17/23: Bill Introduced

02/18/23: Watch Recommended

AB 1581 Kalra. Suisun Marsh: preservation..

Position: Watch

Existing law, the Suisun Marsh Preservation Act of 1977, sets forth a comprehensive plan for the preservation and protection of the Suisun Marsh.

This bill would make nonsubstantive changes to the act’s findings and declarations.

Bill Analysis: Spot Bill.

02/17/23: Bill Introduced

02/18/23: Watch Recommended

AB 1598 Berman. Gun Violence.

Position: Watch

Existing law states that the state has a compelling interest in protecting its citizens from gun violence and from intimidation by persons brandishing weapons. Existing law generally regulates the manufacture, distribution, transportation, and importation of specified firearms.

This bill would state the intent of the Legislature to enact subsequent legislation to prevent gun violence by providing notifications on California gun laws.

Bill Analysis: Spot Bill.

02/17/23: Bill Introduced

02/18/23: Watch Recommended

02/18/23: May be heard 20 March 23.

SENATE SUPPORT

SB 23: Caballero. Water supply and flood risk reduction projects: expedited permitting.

Position: Support

Bill Analysis: This bill demonstrates the intent of the Legislature to enact legislation to push the Department of Fish & Wildlife to expedite projects to be permitted in 180 days or less. Currently the department of fish & wildlife often take over a year to permit projects. The goal is to address the impacts of flooding while protecting the environment.

12/05/23: Bill Introduced

02/09/23: Support Recommended

02/09/23: Amended and re-referred to Com on RLS.

02/22/23: re-referred to Coms on NR&W and E.

SB 256: Dodd. Parklands: City of Davis.

Position: Support

The California Wildlife, Coastal, and Park Land Conservation Act (conservation act) authorizes grants to be made by the Department of Parks and Recreation to cities, counties, districts, and nonprofit organizations for specified purposes, including purposes related to parks. As part of the conservation act, the City of Davis was appropriated moneys for acquisition of, or for grants from the city to nonprofit organizations for acquisition of, wildlife and riparian habitat, wetlands, and potential wetlands within the 1987 Davis General Plan Study Area. The conservation act requires property acquired, developed, rehabilitated, or restored pursuant to the conservation act to be used only for purposes of the conservation act and prohibits any other use of the property, except as authorized by the Legislature.

This bill would authorize the City of Davis, on or under land acquired pursuant to the conservation act, to use easements, leases, or licenses for carbon sequestration projects and to use conservation easements, leases, or licenses for purposes of specified habitat conservation projects. The bill would require the city, in using these easements, leases, or licenses, to seek to maximize the scenic, recreational, and wildlife values of the lands.

Bill Analysis: This bill will increase wildlife areas that support waterfowl hunting opportunities.

01/30/23: Bill Introduced

02/06/23: Support Recommended

02/09/23: Referred to Com. On Nat. Res & Wildlife

SB 688: Padilla. Agrivoltaic systems.

Position: Support

Bill Analysis: This bill defines “recreational purposes of public lands” to include hunting.

02/16/23: Bill Introduced

02/17/23: Support Recommended

03/01/23: Referred to Coms on E., U & C and AGRI.

SB 735: Cortese. Motion picture productions: safety: firearms: ammunition.

Position: Support

Bill Analysis: This bill is formerly SB 831 from the 2022 legislative season known as the “Alec Baldwin” bill. The bill calls for certified firearms training and licensing.

02/17/23: Bill Introduced

02/21/23: Support Recommended

03/01/23: Referred to Coms on L., P.E. & R. and JUD.

SB 722: Dahle. Junior Hunting Licenses: age of eligibility.

Position: Support

Bill Analysis: This bill was Senator Dodd’s SB 865 in 2022 legislative session.

02/17/23: Bill Introduced

02/18/23: Support Recommended

03/01/23: Referred to Com on N.R. & W.

SENATE OPPOSE

SB 2: Portantino. Firearms.

SB 918 – 2022 Session – Portantino. Firearms

Position: Oppose

This bill would state the intent of the Legislature to enact legislation to address the United States Supreme Court’s decision in New York State Rifle & Pistol Assn, Inc. v. Bruen (2022).

Bill Analysis: This bill demonstrates the intent of the Legislature to enact legislation showing clear intent they are not accepting multiple failed attempts of passage of this law across the country. This bill does not carry any urgency clause thus lowering the threshold for passage. It is clearly designed to severely limit, or completely refuse to adhere to the SCOTUS decision in NYSRPA v, Bruen as it pertains to the Second Amendment and the use of a concealed carry weapon (CCW) permit in California.

12/05/22: Bill Introduced

12/06/22: Opposition Recommended

01/26/23: CRPA Approved Opposition

01/31/23: Authors Amendments read 2^nd time and amended.

02/09/23: Referred to Com. On Public Safety

SB 8: Blakespear. Firearms. Gun Insurance

Position: Oppose

Bill Analysis: This bill started as a Domestic violence bill and was changed to a Gun Insurance bill. There was no bill language as we went to print. Check CRPA.ORG for the latest update.

12/05/22: Bill Introduced

12/06/22: Opposition Recommended

01/26/23: Authors Press Release Changing Bill

01/26/23: CRPA Approved Opposition

SB 54: Skinner. Firearms.

Position: Opposition

Existing law requires any firearm sold, transferred, or manufactured in this state to include certain firearm safety devices and the packaging of any firearm and any descriptive material that accompany any firearm to bear a label with a specified warning statement. Existing law makes a violation of these provisions punishable by a fine on the first offense, a fine and prohibition from the manufacturing or selling of firearms in this state for 30 days on the second offense, and a permanent prohibition from the manufacturing or selling of firearms in this state on the third offense.

This bill would make technical, no substantive changes to these provisions.

Bill Analysis: This bill as written is a language clean-up bill replacing the phrase “this state” with “the state”.

12/05/22: Bill Introduced

12/06/22: Watch Recommended

01/26/23: Opposition Recommended

01/26/23: CRPA Approved Opposition

SB 64: Umberg. Hate crimes: search warrants.

Position: Opposition

Existing law allows a search warrant to be issued upon probable cause, supported by affidavit, naming, or describing the person to be searched or searched for, and particularly describing the property, thing, or things and the place to be searched. Existing law also specifies the grounds upon which a search warrant may be issued, including, among other grounds, when the property or things to be seized constitute, evidence showing that a felony has been committed.

This bill would authorize a search warrant to be issued on the grounds that the property or things to be seized consists of evidence that tends to show that certain misdemeanor hate crimes, as defined, have occurred, or are occurring.

This bill would make technical, no substantive changes to these provisions.

Bill Analysis: This bill as written is a language clean-up bill replacing the phrase “this state” with “the state”.

01/05/23: Bill Introduced

01/06/23: Watch Recommended

01/26/23: Opposition Recommended

01/26/23: CRPA Approved Opposition

SB 241: Min. Firearms: dealer requirements

Position: Oppose – recommendation

Existing law prohibits any person from selling, leasing, or transferring any firearm unless the person is licensed as a firearms dealer, as specified. Existing law prescribes certain requirements and prohibitions for licensed firearms dealers. A violation of any of these requirements or prohibitions is grounds for forfeiture of a firearms dealer’s license.

This bill would require a licensee and any employees that handle firearms to annually complete specified training. The bill would require the Department of Justice to develop and implement an online training course, as specified, including a testing certification component.

01/25/23: Bill Introduced

01/28/23: Opposition Recommended

02/01/23: Ref. to Public Safety

02/16/23: Set for hearing March 14

SB 368: Portantino. Firearms: requirements for licensed dealers.

Position: Oppose – recommendation

Existing law regulates licensed firearms dealers and provides that a license is subject to forfeiture for a breach of specified prohibitions in existing law. Existing law authorizes the temporary transfer of a firearm without a firearms 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, as specified.

This bill would require a licensed firearms dealer to accept for storage a firearm transferred by an individual to prevent it from being accessed or used to attempt suicide. The bill would also authorize a licensed firearms dealer to accept for storage a firearm for a lawful purpose not otherwise stated in the law. The bill would make these provisions subject to certain conditions and would establish a procedure for the return of a firearm to the original transferor, including situations when a dealer cannot legally return a firearm. A violation of various provisions involving the transfer of firearms is a crime. By changing the scope of these offenses, this bill would impose a state-mandated local program.

Existing law states that the requirement that the sale, delivery, or transfer of a firearm be conducted by a firearms dealer does not apply to the sale, delivery, or transfer to an authorized representative of a government, as specified, and the government is acquiring the firearm as part of an authorized, voluntary program.

This bill would require a licensed firearm dealer to establish a voluntary program to repurchase firearms from individuals in consultation with the Department of Justice.

The California Constitution generally provides that the Legislature has no power to authorize lotteries and shall prohibit the sale of lottery tickets in the state, except for private, nonprofit, eligible organizations to conduct raffles as a funding mechanism to provide support for their own or another private, nonprofit, eligible organization’s beneficial and charitable works, subject to certain conditions.

This bill would prohibit a licensed firearms dealer from offering an opportunity to win an item of inventory in a game dominated by chance and would except from this prohibition nonprofit organizations under certain circumstances.

Existing law, subject to exceptions, provides that any person who has been convicted of certain misdemeanors may not, within 10 years of the conviction, own, purchase, receive, possess, or have under their custody or control, any firearm and makes a violation of that prohibition a crime. Existing law authorizes a court in certain circumstances to reduce, eliminate, or condition that prohibition.

This bill would, subject to exceptions, provide that any person convicted of a misdemeanor violation of the above-described prohibition on or after January 1, 2024, and who within 10 years of that conviction owns, purchases, receives, possesses, or has under their custody or control, any firearm guilty of a misdemeanor or a felony. Because a violation of these provisions would be a crime, and because this bill would expand the application of the crime to a larger class of potential offenders, this bill would impose a state-mandated local program. The bill would additionally require the Department of Justice to create an evaluation process to determine whether an extension of a 10-year prohibition is warranted. The bill would, for those subject to such a prohibition due to a conviction on or after January 1, 2024, require the department to review whether the prohibition should be extended, provide notice and opportunity to be heard to the person, and establish a process for the person to appeal any extension of the prohibition instituted by the department.

02/08/23: Bill Introduced

02/09/23: Opposition Recommended

SB 452: Blakespear. Firearms.

Position: Oppose – recommendation

Existing law, subject to exceptions, generally makes it an offense to manufacture or sell an unsafe handgun, as defined, and requires the Department of Justice to compile a roster listing all of the handguns that have been tested and determined not to be unsafe handguns. Existing law establishes criteria for determining if a handgun is an unsafe handgun, including, for firearms manufactured after a certain date and not already listed on the roster, the lack of a chamber load indicator, magazine disconnect mechanism, and technology that transfers a microscopic array of characters from the firearm to the cartridge case when the firearm is fired, known as a micro stamp.

This bill would express the intent of the Legislature to enact subsequent legislation relating to firearm microstamping.

02/13/23: Bill Introduced

02/14/23: Opposition Recommended

02/22/23: Ref. to Com. On RLS

Bill Analysis: This bill is another attempt at implementing a clearly known failed technology. The assertion that this idea is not easily defeated by criminals is laughable.

SB 459: Rubio. Domestic Violence: restraining orders.

Position: Oppose – recommendation

Existing law allows a criminal court to issue a protective order restraining a defendant from any contact with the victim if the defendant has been convicted of a crime of domestic violence, human trafficking, a crime in furtherance of a criminal street gang, or a registerable sex offense. Under existing law, the protective order may be valid for up to 10 years, as determined by the court.

Existing law allows a civil court, after notice and a hearing, to issue an order to enjoin a person from, among other things, attacking, stalking, or threatening another person. Under existing law, the protective order may be valid for up to 5 years, as determined by the court, and may be renewed for 5 or more years, or permanently, at the discretion of the court.

This bill would clarify that a protective order may be modified by the court throughout the duration of the order if the court is convinced that the modification is in the best interest of the victim.

02/13/23: Bill Introduced

02/14/23: Opposition Recommended

02/22/23: Ref. to Com. On JUD and PUB S.

Bill Analysis: This bill is another attempt at implementing a clearly known failed technology. The assertion that this idea is not easily defeated by criminals is laughable.

SB 637: Min. Firearms: Financial institutions doing business with firearms manufacturers: ban on doing business with the state.

Position: Oppose – recommendation

Existing law prohibits certain state trust funds from making or holding investments in business firms or financial institutions that engage in specified discriminatory business practices.

This bill would state the intent of the Legislature to subsequently amend this bill to include provisions that would prohibit financial institutions that do business with gun manufacturers from doing business with the state of California.

02/16/23: Bill Introduced

02/17/23: Opposition Recommended

Bill Analysis: This bill is flat out discriminatory and comes from a state that claims to end discrimination.

SENATE WATCH

SB14 Grove. Serious felonies: human trafficking.

Existing law defines the terms “serious felony” and “violent felony” for various purposes, including, among others, enhancing the punishment for felonies pursuant to existing sentencing provisions commonly known as the Three Strikes Law.

Position: Watch

Bill Analysis: CRPA is watching this bill to see if any amendments negatively impact it’s members.

12/05/22: Bill Introduced

01/18/23: Referred to Com. On Public Safety

02/01/23: Watch Recommended

02/23/23: Re-Referred to Com. On Public Safety

SB 226 Alvarado-Gil. Controlled substances: armed possession: fentanyl.

Position: Watch

Existing law classifies certain substances, including cocaine, heroin, and fentanyl, as controlled substances and generally prohibits the possession, sale, transportation, and use of these substances. Existing law additionally prohibits the possession of certain of these controlled substances including cocaine, heroin, and methamphetamine while armed with a loaded and operable firearm. A violation of this prohibition is punishable as a felony punishable by incarceration in the state prison.

This bill would additionally prohibit the possession of fentanyl while armed with a loaded and operable firearm.

By expanding the application of an existing crime, this bill would impose a state-mandated local program.

Bill Analysis: CRPA is holding the author to their intent not to penalize legal users of the drug fentanyl.

01/19/23: Bill Introduced

02/01/23: Watch Recommended

02/01/23: Referred to Com. On Public Safety

SB 243 Seyarto: Sales and Use Tax Law: exemption: gun safety systems.

Position: Watch

Existing state sales and use tax laws impose a tax on retailers measured by the gross receipts from the sale of tangible personal property sold at retail in this state, or on the storage, use, or other consumption in this state of tangible personal property purchased from a retailer for storage, use, or other consumption in this state. The Sales and Use Tax Law provides various exemptions from those taxes.

This bill would, until January 1, 2028, exempt from those taxes the gross receipts from the sale in this state of, and the storage, use, or other consumption in this state of, a gun safety system, as defined.

Existing law requires a bill authorizing a new tax expenditure to contain, among other things, specific goals, purposes, and objectives that the tax expenditure will achieve, detailed performance indicators, and data collection requirements.

This bill would make findings detailing the goals of the above-described tax expenditure and performance indicators for determining whether the tax expenditure meets those goals.

The Bradley-Burns Uniform Local Sales and Use Tax Law authorizes counties and cities to impose local sales and use taxes in conformity with the Sales and Use Tax Law, and existing laws authorize districts, as specified, to impose transactions and use taxes in accordance with the Transactions and Use Tax Law, which generally conforms to the Sales and Use Tax Law. Amendments to the Sales and Use Tax Law are automatically incorporated into the local tax laws.

This bill would provide that exemption created by the bill does not apply to local sales and use taxes or transactions and use taxes.

Existing law imposes or dedicates certain state sales and use tax rates for local funding, including through the Local Revenue Fund 2011.

This bill would provide that the exemption created by the bill does not apply to those state sales and use tax rates imposed or dedicated for local government funding, including those rates for which revenues are deposited into the Local Revenue Fund 2011.

This bill would take effect immediately as a tax levy.

Bill Analysis: This bill encourages firearm’s safety with a financial incentive.

01/25/23: Bill Introduced

01/26/23: Watch Recommended

02/01/23: Referred to Com. on Gov & F.

SB 336 Umberg. State grant programs: negotiated cost rate agreements.

Position: Watch

Existing law establishes the Department of General Services in the Government Operations Agency for purposes of providing centralized services of state government. Existing law establishes various state grant programs. Existing federal law provides uniform administrative requirements, cost principles, and audit requirements for federal grant awards to nonfederal entities and provides guidelines for determining direct and indirect costs, as defined, charged to federal awards.

This bill would require, to the extent authorized by state and federal law, the Department of General Services to establish, by July 1, 2024, a process by which nonprofits may negotiate a state standard negotiated cost agreement, as defined, for state grants that are awarded on or after October 1, 2024. The bill would require, to the extent authorized by state and federal law, a state agency or other state entity administering a state grant program to use the same terms as contained in the grantee’s existing negotiated indirect cost rate agreements, as defined, and cost allocation policies approved by the federal government, the same terms as contained in the grantee’s state standard negotiated cost agreement, or a 10% de minimis indirect cost rate on direct costs, for reimbursement of direct and indirect costs, as provided.

Bill Analysis: This bill could impact activities conducted by 2A & conservation organizations.

02/07/23: Bill Introduced

02/10/23: Watch Recommended

02/15/23: Referred to Com. on G.O.

02/28/23: Set for hearing on March 14.

SB 350 Ashby. Pupil attendance: excused absences.

Position: Watch

Existing law, notwithstanding the requirement that each person between 6 and 18 years of age who is not otherwise exempted is subject to compulsory full-time education, requires a pupil to be excused from school for specified types of absences, including, among others, if the absence is for the purpose of attending the funeral services of a member of the pupil’s immediate family, provided that the absence is not more than one day if the service is conducted in the state and not more than 3 days if the service is conducted outside the state.

This bill would instead require a pupil to be excused from school for not more than 5 days for the purpose of attending the funeral service or grieving the death of the pupil’s immediate family member, as provided. The bill would also include as another type of required excused absence an absence that is for the purpose of obtaining victim services or participating in safety planning as it relates to violence or abuse, as specified. To the extent that this bill would impose additional duties on local educational entities, the bill would impose a state-mandated local program.

Bill Analysis: This bill provides in its current form the addition of, “(C) A reasonably perceived or actual threat of physical injury made by a person against another, including, but not limited to, the exhibition, drawing, brandishing, or use of a firearm, deadly weapon, or instrument.” This can be used negatively against a law-abiding citizen.

02/08/23: Bill Introduced

02/10/23: Watch Recommended

02/15/23: Referred to Com. on ED.

SB 377 Skinners. Firearms: peace officer exemptions.

Position: Watch

(1) Existing law prohibits a firearms dealer from delivering a firearm within 10 days after the application to purchase or after notice by the Department of Justice that the applicant is not ineligible to possess a firearm, as specified, whichever is later. Existing law exempts from this prohibition the delivery of a firearm to a full-time paid peace officer, as defined, with written authorization from the head of the officer’s employing agency. Existing law also exempts from this prohibition the delivery of a firearm to another dealer, the delivery of a firearm to a person possessing a special weapons permit issued by the Department of Justice, or the delivery of a firearm that is a curio or relic, as defined.

This bill would remove the 10-day waiting period exemption for a peace officer and instead exempt the delivery of a firearm purchased by a law enforcement agency, as defined, to an authorized law enforcement representative of that law enforcement agency for exclusive use by that agency if written authorization, as defined, from the head of the agency authorizing the delivery is presented to the person making the delivery.

(2) Existing law defines the characteristics of an unsafe handgun. Existing law requires the Department of Justice to compile, publish, and thereafter maintain a roster listing all of the handguns that have been tested by a certified testing laboratory, have been determined not to be unsafe handguns, and may be sold in this state. Existing law prohibits the sale or transfer of a handgun not listed on this roster.

Existing law exempts from this prohibition the sale or purchase of a handgun sold to certain law enforcement agencies and any sworn member of those entities, as specified.

This bill would remove from this exemption the sale or purchase of a handgun sold to a sworn member of these exempt agencies, thereby applying the exemption only to the sale or purchase of a handgun directly to the exempt law enforcement agencies.

Bill Analysis: This bill would remove the 10-Day exemption for Law Enforcement Officers from current law.

02/09/23: Bill Introduced

02/10/23: Watch Recommended

02/22/23: Referred to Com. on Public Safety.

SB 428, as introduced, Blakespear. Temporary restraining orders and protective orders: employee harassment.

Position: Watch

Existing law authorizes any employer, whose employee has suffered unlawful violence or a credible threat of violence from any individual that can reasonably be construed to be carried out or to have been carried out at the workplace, to seek a temporary restraining order and an injunction on behalf of the employee and other employees of the employer.

This bill would additionally authorize any employer whose employee has suffered harassment, as defined, to seek a temporary restraining order and an injunction on behalf of the employee and other employees.

02/13/23: Bill Introduced

02/14/23: Watch Recommended

02/22/23: Referred to JUD. And APPR.

SB 587 Roth: Firearms.

Position: Watch

Existing law requires any person producing or operating a gun show, as specified, to obtain a certificate of eligibility from the Department of Justice. Existing law prescribes various requirements and prohibitions regarding the operation of a gun show. Existing law provides that the provisions regulating gun shows to not apply to the sale, delivery, or transfer of firearms to a law enforcement agency, as specified.

Bill Analysis: This is a Gun Show Spot Bill.

02/15/23: Bill Introduced

02/16/23: Watch Recommended

02/22/23: Referred to Com. On RLS.

SB 650 Dodd: Gaming: charitable raffles.

Position: Watch

This bill would permanently extend the operation of those provisions beyond January 1, 2024. By extending the operation of provisions that revise the percentage of gross receipts required to go to beneficial or charitable purposes pursuant to the California Constitution, this bill would require a ²/₃ vote of each house.

Bill Analysis: This bill is being watched since many 2A and conservation nonprofits work with major league sports to raise funds and to monitor raffle changes that could be directed at those non profits.

02/16/23: Bill Introduced

02/17/23: Watch Recommended

651 Grove: Water storage and recharge: California Environmental Quality Act: Sacramento-San Joaquin Delta Reform Act of 2009: exemptions.

Position: Watch

This bill would make it the policy of this state that, to help advance groundwater recharge projects, and to demonstrate the feasibility of projects that can use available high water flows to recharge local groundwater while minimizing flood risks, the state board and the regional water quality control boards prioritize water right permits, water quality certifications, waste discharge requirements, and conditional waivers of waste discharge requirements to accelerate approvals for projects that enhance the ability of a local or state agency to capture high precipitation events for local storage or recharge, consistent with water right priorities and protections for fish and wildlife.

Bill Analysis: This is bill could improve hunter opportunity and also involves CEQA reporting.

02/16/23: Bill Introduced

02/17/23: Watch Recommended

SB 749 Smallwood-Cuevas. Criminal procedure: sentencing.

Position: Watch

Existing law, the Safe Neighborhoods and Schools Act, enacted by Proposition 47, as approved by the voters at the November 4, 2014, statewide general election, reduced the penalties for various crimes. Under the provisions of the act, a person who, on November 5, 2014, was serving a sentence for a conviction of a felony or felonies who would have been guilty of a misdemeanor under the act if the act had been in effect at the time of the conviction may petition or apply to have the sentence reduced in accordance with the act. Existing law requires those petitions to be filed on or before November 4, 2022, or at a later date upon showing of good cause.

Proposition 47 authorizes its provisions to be amended by a statute that is consistent with and furthers its intent and that is passed by a ²/₃ vote of each house of the Legislature.

Bill Analysis: This bill would remove the deadline and good cause requirements..

02/17/23: Bill Introduced

02/18/23: Watch Recommended

02/21/23: May be acted on or after 20 March 23

SB 758 Umberg. Firearms.

Position: Watch

(1) Existing law requires the Secretary of Food and Agriculture to maintain plant quarantine inspection stations. Existing law requires that a sign be conspicuously posted at an inspection station maintained at or near the California border stating that the federal Gun Control Act of 1968 may prohibit persons from bringing firearms into the state that were acquired outside of the state.

This bill would require that these inspection station signs also state, among other things, that California law may prohibit a person from bringing a firearm into the state that was acquired outside of the state. The bill would also require the signs to include a specified internet website address.

(2) Existing law, subject to exceptions, requires a firearm transaction to be conducted by a licensed firearms dealer. Existing law establishes requirements that dealers must adhere to in conducting firearms transactions and when delivering firearms, including, among others, a 10-day waiting period, purchaser background check, and possession of a handgun safety certificate by the purchaser.

This bill would make it a crime for a person to purchase or receive a firearm from a dealer, knowing or having reasonable cause to believe that the delivery of that firearm by that dealer to that person violates specified provisions regulating the delivery of a firearm by a dealer.

(3) Existing law makes it a crime to acquire a firearm with the intent to transfer the firearm to a minor or to evade specified requirements on the transfer of firearms.

This bill would expand that crime to apply to firearms brought into the state with that intent. By expanding the definition of a crime, this bill would impose a state-mandated local program.

(4) Existing law generally makes the violation of laws relating to the illegal transfer of a firearm a misdemeanor, except that the illegal transfer of a handgun to a minor or the illegal transfer of a handgun without conducting the transaction through a firearms dealer may be punished as a felony. Existing law also allows a dealer transaction involving a handgun to be punished as a felony if the dealer delivers the handgun sooner than 10 days from the date of purchase, is not presented with clear evidence of the transferee’s identity and age, transfers the firearm after being notified that the transferee is prohibited from possessing a firearm, transfers a handgun to a person who does not present a handgun safety certificate, or delivers a handgun to a person who has made another application to purchase a handgun within the preceding 30 days.

This bill would allow those illegal firearms transactions to be prosecuted as felonies if they involve a centerfire semiautomatic rifle. By increasing the punishment for a crime, this bill would impose a state-mandated local program.

(5) 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

Bill Analysis: This bill would require signage that state law may prohibit a person from bringing into the state a firearm acquired out of state.

02/17/23: Bill Introduced

02/18/23: Watch Recommended

02/21/23: May be acted on or after 20 March 23

SB 762 Becker. Firearms: gvro.

Position: Watch

This bill would express the intent of the Legislature to further strengthen and expand these provisions

Bill Analysis: Spot Bill.

02/17/23: Bill Introduced

02/18/23: Watch Recommended

03/01/23: Referred to Com. On RLS.

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