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:
AB 724: Fong. Firearms: safety certificate instructional materials
Bill Analysis: This law requires anyone who purchases or receives a firearm to have a valid and unexpired certificate that proves they have passed an objective test to ensure appropriate safety. It also requires the Department of Justice to provide instructional and testing materials in English, Spanish, Chinese, Tagalog, Vietnamese, Korean, Dari, and Armenian.
AB 859: Gallagher. Hunting: navigable waters.
Bill Analysis: This bill would make it illegal to hunt on private property without first getting written permission from the owner, their agent, or the person in charge of that property. This includes land that is cultivated or fenced off and land with signs forbidding either trespass or hunting. The restrictions on this law won’t apply to non-navigable waters, and it doesn’t take away people’s rights to use navigable water for hunting, fishing, or other public purposes according to the California Constitution and other federal laws.
07/10/23: SEN Second Reading.
AB 28: Gabriel. Firearms: gun violence protection tax.
This bill is proposing an additional tax on the purchase of firearms, firearm precursors, and ammunition in the state of California. This new tax, called the Gun Violence Prevention Healing and Recovery Act, would start on July 1, 2024 and would require that the 11% of the gross receipts from the purchase of these products is collected by the California Department of Tax and Fee Administration. This money would be used to fund various programs for gun violence prevention, research, and response. The bill is proposing a change in state statute, so it would need to be approved by two thirds of the members of each house of the Legislature for it to be passed. This new tax would also be applied to the Fee Collection Procedures Law, and the state would be responsible for paying reimbursements to local agencies and schools for the costs that this bill mandates.
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. You cannot legally tax a constitutional right.
Talking Point: Firearms ownership is a constitutional right whereas driving a car is a privilege.
07/11/23: SEN Pub Saf
AB 97: Rodriguez. Firearms: unserialized firearms. Gut & Amend to a Gun Study Bill
This bill would increase the punishment for possessing a firearm without a valid federal or state serial number or with an altered, removed, or obliterated serial number to a felony. It would also require the Department of Justice to collect and report data, including the number of arrests, related to unserialized firearms, and require the department to issue an annual report to the Legislature with this data.
Bill Analysis: This bill is being used to collect firearms data for the legislature for future use in justifying the passage of more anti-2A bills.
7/03/2023 Sen APPR – Suspense.
AB 262: Holden. Children’s camps: regulations.
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”
This bill requires the California Department of Social Services to consult with a group of stakeholders to figure out how to make child daycare facilities and camps safer. The group will include representatives from the Department of Public Health, parents, children’s advocates, safety groups, and health departments. The Department must make a report to the Legislature by June 2025 with recommendations on how to make camps safer, such as creating a definition, supervision requirements, and what government agency should be in charge of regulations. The report must also include cost estimates for implementing the recommendations.
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.
07/05/23 – Sen APPR.
AB 301: Bauer-Kahan. Gun violence restraining orders: body armor.
This bill would authorize a court to consider evidence of the acquisition of body armor when determining whether grounds for a gun violence restraining order exist. It would also make it a misdemeanor to purchase or take possession of body armor, and a felony if you have been convicted of a violent felony. There would be specific professions that would be exempt from this restriction.
Bill Analysis: This bill as amended is now focused on body armor acquisition in considering a GVRO.
7/10/2023 Sen – Third Reading
AB 574: Jones-Sawyer. Firearms. Dealers record of sale.
This law requires anyone who wants to buy, sell, or transfer a firearm to go through a licensed firearm dealer. The dealer must keep a record of each transaction, which includes information about the buyer, the firearm, and answers to certain questions about the buyer’s eligibility to own a firearm. This new bill would also require buyers or transferees to acknowledge that they have possession of any other firearms they own or possess within the past 30 days.
Bill Analysis: This bill is yet another attempt by one of the most anti-2A legislators to gather more information. It should be noted he is in a Ph.D. program at USC on Gun Violence.
07/11/23: SEN PUB SAF.
AB 725: Lowenthal. Firearms: reporting of lost and stolen firearms.
Current law requires you to report any lost or stolen firearm to a law enforcement agency and if you do not, you can be punished. The law also requires the law enforcement agency receiving such reports to enter them into the Department of Justice Automated Firearms System. This new bill would expand what a ‘firearm’ is for these purposes and make it a crime if you don’t report a lost or stolen firearm. This bill would also make the state responsible for paying law enforcement agencies for the duties they have to perform, however, this money will be paid depending on what the Commission on State Mandates determines.
Bill Analysis: This bill already exists in law and expands beyond reporting lost or stolen firearms to a law enforcement agency to include precursor parts.
7/03/2023: Senate – APPR. – SUSPENSE
AB 1089 Gipson. Firearms.
This bill would amend existing firearms laws in order to regulate three-dimensional printers and CNC milling machines. Any person using either of these machines to manufacture a firearm would be required to be state-licensed and prohibited from selling, purchasing, or possessing either machine if it has the sole or primary function of manufacturing firearms. Additionally, this bill would require firearms companies to take reasonable precautions to ensure that firearms are not sold to retailers or distributors who don’t follow laws pertaining to unfair methods of competition and false advertising and would make it illegal to manufacture or market firearms that are abnormally dangerous. Finally, the bill would impose liability and civil penalties of up to $25,000 on people who distribute code or digital instructions to manufacture a firearm, and no reimbursement is required by this act.
Bill Analysis: Another run at making 3D Printing of any firearm component illegal.
7/11/2023: Senate – Judiciary.
AB 1133: Schiavo: Firearms: concealed carry licenses.
This bill would make changes to how concealed firearm licenses are issued in California. The Department of Justice would be required to develop standardized curricula, testing, and ethical and professional standards for a license to carry a concealed firearm. The Department could charge a fee for taking the standardized test, which would go towards maintaining the web portal for the test. Certified instructors would have to provide a sworn statement that the applicant has successfully met the curriculum requirements and making false statements would be punishable by an infraction. Local agencies and school districts would not have to be reimbursed for certain costs mandated by the state, while reimbursement may be provided for other costs mandated by the state if determined by the Commission on State Mandates.
Bill Analysis: Bill sets new standards for training, increases in fees, increased scrutiny of CCW instructors, and possible infractions that will be run through the Department of Justice.
7/11/2023: Senate – PUB SAF.
AB 1406: McCarty. Firearms. Waiting period.
Currently, a licensed dealer must process every sale or transfer of a firearm. They need to collect information about the purchaser and pass it on to the Department of Justice. The Department of Justice then checks if the person is allowed to possess a firearm and the dealer is unable to deliver the firearm to the purchaser for 10 days. This new bill will allow the Department of Justice to delay the delivery for up to 30 days if additional research is needed or if there is an emergency that prevents them from reviewing records to determine eligibility.
Bill Analysis: Allows for 30-day delays for any emergency as defined in Section 8558 of the government code which includes air pollution, fire, flood, storm, epidemic, riot, drought, cyberterrorism, sudden and severe energy shortage, de-energization event, electromagnetic pulse attack, plant or animal infestation or disease, the Governor’s warning of an earthquake or volcanic prediction, or an earthquake, or other conditions…
06/20/2023: Sen APPR – Suspense
AB 1420: Berman. Firearms.
Currently, licenses to sell, lease, or transfer firearms are subject to forfeiture if the license holder violates regulations on the transfer of firearms. The Department of Justice is allowed to conduct inspections of firearm dealers and give fines up to $1000. This bill would allow the Department to inspect and fine license holders for violations of laws regarding secondhand firearm sales and other applicable state laws. It would also require the department to keep track of the number of firearm dealers that violated any laws with knowledge or gross negligence and require records of electronic transfers to include the purchaser’s email address starting in September 2025.
Bill Analysis: This bill is against FFLS and greatly expands the CADOJ’s ability to fine them. FFLs are already held accountable for mistakes in the status quo.
6/27/2023: Senate – APPR.
AB 1483: Valencia. Firearms.
Starting on January 1, 2024, it will be illegal to purchase more than one handgun in any 30-day period. The exception in the law that allowed private party transactions is going to be removed, but an exception will be added for people who are required by law or court order to give up their guns, and for people who are transferring the guns for an estate settlement or a will. This bill means that anyone who breaks the law will be punished. It will also require the state to pay local governments for the cost of punishing people, although this bill says that there will be no reimbursement.
Bill Analysis: Removes the private party transfer exemption under current law in regards to 1 firearm in 30 days. NOTE: Amendments have exempted Estates. We are continuing the amendment phase in the senate.
6/26/2023 SEN APPR. Suspense
AB 1587: Ting. Financial transactions: firearms merchants: merchant category code.
Analysis: The author is seeking to empower credit card companies to refuse to do business with any business that sells firearms, ammunition, and other items used in shooting sports, self-defense, and hunting. Senator Min who is the co-author of the bill is seeking to use financial legislation as a tool to crush the firearms community and this is yet another example.
7/11/2023 SEN Judiciary
AB 1598: Berman. Gun Violence: Firearms Safety Education.
Existing law in California requires people to have a valid firearm safety certificate to purchase, transfer, or loan a gun. The law also sets a fee for issuing the certificate and outlines what areas of knowledge the person must be familiar with, including safe handling and storage of firearms. This bill would update the items on the test to include the reasons for and risks of owning a firearm and bringing a firearm into the home. Additionally, it would require the Department of Justice to prepare a study guide to assist applicants in their preparation for the test. The bill would also require licensed firearms dealers to provide purchasers, transferees, and people being loaned firearms a pamphlet about the reasons for and risks of owning a firearm. The purpose of this bill is to protect citizens from gun violence and to make sure the citizens are aware of the risks associated with owning a firearm.
Bill Analysis: This bill is further politicizing the firearms debate. DOJ would have to create a new pamphlet on the risks of owning a firearm in the home and require dealers to buy them. Note: Amended to no longer require the FFL to purchase.
7/10/2023 Third Reading
AB 92: Connolly. Body armor: prohibition.
Existing law makes it a felony for a person convicted of a violent felony to purchase, own, or possess body armor. This bill would make it a misdemeanor instead and would require sellers of body armor to verify that a buyer is employed in one of several specified professions. Additionally, the bill would not require the state to reimburse local agencies and school districts for any costs incurred in implementing it.
Bill Analysis: Amended to only prohibit those who are prohibited from owning firearms.
07/03/23: APPR. SUSPENSE
AB 303: Davies: Firearms: prohibited persons.
The Attorney General is currently required to maintain an online database called the Prohibited Armed Persons File that is used to identify people who are legally prohibited from possessing firearms. This bill would require the Attorney General to provide local law enforcement agencies with additional information and investigative materials related to these persons and would also require each agency to designate one employee to receive this information. This bill would also require the state to reimburse local agencies and school districts for any costs associated with this mandate.
Bill Analysis: APPS Bill.
07/11/23: SEN PUB SAF.
AB 455 Quirk-Silva: Firearms: prohibited persons.
This bill would make it illegal for someone who has been convicted of a felony or misdemeanor domestic violence, been taken into custody because they are a danger to themselves or others or been placed under conservatorship due to a mental disorder to own or possess a firearm. It would also allow courts to deny gun ownership or possession to someone who is in pretrial diversion, or who has a mental disorder until they successfully complete the diversion program. If found guilty, they will face a crime punishment. This bill would require the state to reimburse the costs of the local agencies and school districts.
Bill Analysis: This bill will be watched very carefully as there is the issue of the mentally ill having access to a firearm and the danger of denying a person their rights without a conviction that would prohibit the exercise of their rights.
06/27/23: SEN PUB SAF
AB 732: Fong. Crimes: Relinquishment of firearms.
The Safety for All Act of 2016 (Proposition 63) prohibits felons and certain misdemeanors convicted from owning, purchasing, receiving, or possessing a firearm for a certain period of time. The bill would amend Proposition 63 and further require defendants not in custody to relinquish firearms within 48 hours and those in custody to relinquish them within 14 days. The bill would also require courts to go through a procedure to verify the defendant complied with the requirement. Furthermore, local law enforcement must receive a monthly report of individuals listed in the Prohibited Armed Persons File from the Department of Justice and take steps to verify if they are still in possession of the registered firearm. Lastly, if the bill requires costs to local agencies, the state must reimburse them according to established procedures.
Bill Analysis: This bill calls for many changes when surrendering firearms.
6/27/2023: SEN APPR
AB 733: Fong. Firearms: sale by a government entity.
This bill would prohibit any state or local government agency from selling any weapons, ammunition, or body armor. Additionally, the bill would make any firearms seized, surrendered, abandoned, or unclaimed to be destroyed rather than sold at a public auction. Finally, the bill includes findings that the changes proposed by this bill address a matter of statewide concern rather than a municipal affair, meaning that cities with their own charters would also be affected by these new regulations.
Bill Analysis: This bill requires government entities to destroy and does not allow the sale of firearms by same. Amended as a technical clean-up of existing law.
07/12/23: SEN GOV & FIN
AB 818: Petrie-Norris: Firearms: Armed Prohibited Persons File.
This bill expands the existing state law surrounding temporary restraining orders or emergency protective orders with respect to domestic violence and elder abuse. It requires service of the order at the request of the petitioner and authorizes it to be served by a law enforcement officer. Additionally, it prohibits a fee from being charged for service of those orders and requires certain peace officers to take into temporary custody any firearm or deadly weapon at the scene of a domestic violence incident. Furthermore, this will require law enforcement to enter or cause to be entered a firearm into the Automated Firearms System (AFS) if it is obtained at the scene of a domestic violence incident or during service of specified orders. Finally, if costs arise due to this bill, the state will reimburse local agencies and school districts accordingly.
Bill Analysis: The APPS cross-references individuals who own or possess firearms and may be prohibited to do so. This bill states that when a temporary or emergency restraining order is issued regarding domestic violence or elder abuse, law enforcement is required to confiscate the subject’s firearms and ammunition.
7/11/2023 SEN PUB SAF
AB 1310 McKinnor. Sentencing: recall and resentencing.
Under existing law, if someone uses a firearm during a felony, they can have an extra prison sentence ranging from 3 to 10 years, or possibly 20 or 25 years to life. Until 2018, courts could not get rid of these enhancements, but starting in 2022, they can if it’s in the furtherance of justice. This bill allows those with convictions before 2018 to petition for resentencing and gives the courts the right to scrap the enhancements in the interest of justice unless specified otherwise. It also provides that the state has to reimburse local governments for any mandated costs.
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.
7/11/2023 SEN PUB SAF.
SB 735: Cortese. Motion picture productions: safety: firearms: ammunition.
This bill would establish the Safety on Productions Pilot Program for motion picture production in California for the period July 1 2025 to June 30 2030. It would require an employer to hire or assign a qualified safety advisor to do a risk assessment and a specific risk assessment, if necessary, provide a daily safety meeting, and create a written evaluation of the pilot program. It would also require that any firearms used have a state permit and federal documents, that people handling firearms have appropriate training, and that registered security guards and peace officers follow specific safety rules and laws. Lastly, it would authorize the Division of Occupational Safety and Health within the Department of Industrial Relations to enforce the provisions of this bill.
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. The author has amended this bill to be on Motion Picture sets and not on television, film, or commercial sets.
On Hold in ASSEMBLY LABOR AND EMPLOYMENT
SB 2: Portantino. Firearms.
SB 918 – 2022 Session – Portantino. Firearms
This bill would require licensing authorities to issue concealed firearm licenses to applicants over the age of 21 without checking their good character or cause. In order to be eligible to apply applicants must provide their driver’s license or identification number, fingerprints, and must not be considered a disqualified person. In addition, applicants must complete a 16 hour training course on firearm safety, legal use of firearms, safe storage and legal transportation of firearms. The bill also outlines criteria for when licenses must be revoked or denied and establishes additional restrictions for when a person may carry a firearm. The bill also states that local agencies should not require additional fees for the application or require that people have liability insurance.
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.
6/28/2023 – ASM APPR
SB 241: Min. Firearms: dealer requirements
This bill would require firearms dealers, and their employees, to receive annual training in order to remain licensed. The training must be certified by the Department of Justice and will include testing. The Department of Justice can create regulations to make sure the bill’s provisions are followed. This bill would provide for stricter oversight of firearms dealers and their employees to ensure compliance with state law.
Bill Analysis: This bill increases the workload of an already overloaded DOJ, and creates more paperwork for dealers while doing nothing constructive. Note: Amended and the amendment process is ongoing.
6/28/2023 – ASM APPR
SB 368: Portantino. Firearms: requirements for licensed dealers.
Position: Oppose – recommendation
This bill would require licensed firearms dealers to accept firearms from individuals for storage to keep them from being used in an attempt at suicide and would allow dealers to accept firearms for other purposes not mentioned in the law. It would also make any violation of the laws involving the transfer of firearms a crime. In addition, the bill would prohibit firearm dealers from participating in gambling activities and would provide an evaluation process for defendants convicted of misdemeanors regarding their possession of firearms. Lastly, it would also state that no reimbursement is required by this bill.
Bill Analysis: This bill makes it difficult for all parties dealing with a situation such as suicide, the state should allow the system as it is to take care of the situation.
6/27/2023 – ASM APPR – Suspense
SB 452: Blakespear. Firearms.
Existing law in California makes it illegal to manufacture or sell unsafe handguns. The Department of Justice creates a roster of handguns that have been tested and determined to be safe. This law establishes criteria for determining what is an unsafe handgun. This bill would remove some criteria and create new ones for handguns made after a certain date. It would create a system for testing handguns to ensure that they are “microstamping-enabled,” meaning that they leave a unique imprint when they are fired. This bill would create new crimes and require the Department of Justice to provide guidance on testing and training. It would also set up a system for reimbursing local agencies for the costs associated with this program.
Bill Analysis: This bill is another attempt at implementing a clearly known failed technology. The inventor has stated the technology will not work, the courts have held it unconstitutional and if passed will price those in economically disadvantaged communities from being able to exercise their second amendment rights.
6/28/2023 – ASM APPR
SB 758: Umberg. Firearms.
Existing laws require the Secretary of Food and Agriculture to maintain certain plant quarantine inspection stations near the California border, where signs must be posted saying people may be restricted by the federal Gun Control Act of 1968 from bringing firearms into the state acquired outside of it. This bill would add that California law may also restrict the movement of firearms acquired outside the state. The bill would also require dealers to adhere to specific rules to prevent firearms from being illegally transferred and make it a crime to acquire a firearm with the intent to transfer it to a minor or evade regulations. It also increases punishments for illegally transferring firearms, such as centerfire semiautomatic rifles, to a felony. Lastly, the bill states that local agencies and school districts will not be reimbursed by the state for any associated costs with the law.
Bill Analysis: This seeks to require signage that California law may prohibit bringing into the state a firearm that was required outside of the state.
6/27/2023 – ASM PUB SAF CANCELLED BY AUTHOR
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