CRPA Legislative Affairs – February 2019

As new bills are pushed forward through the Assembly and Senate, the California Rifle & Pistol Association’s legislative team keeps a fierce eye out on what’s in store.

Below are the current bills on the table, along with our positions on them. Learn more, and contact your Assemblymember or state Senator today to share your voice.

Support:

AB 284: Frazier: Junior hunting licenses: eligibility: age requirement.

This bill would extend this expanded eligibility, for a junior hunting license indefinitely from under 16 to those under 18 years of age.

AB 503: Flora: Gun-free school zone. Watch: (recommended Support position pending)

Existing law makes it a crime to possess a firearm in a place that the person knows, or reasonably should know, is a school zone.

This bill would exempt from that crime a person who holds a valid concealed carry license who is carrying the firearm described in the license to, from, or in a church, synagogue, or other building used as a place of worship on the grounds of a public or private school providing instruction in kindergarten or grades 1 to 12, inclusive, if the person has the written permission of the school authority and subject to specified conditions.

AB 1096: Melendez: Firearms: concealed carry licenses.

This bill would instead require the sheriff of a county, or the chief or other head of a municipal police department, to issue a license to carry a concealed handgun or to carry a loaded and exposed handgun, as specified, if good cause exists for the issuance and the applicant is of good moral character and satisfies certain other criteria.

This bill would define “good cause” for these purposes to include self-defense, defending the life of another, or preventing crime in which human life is threatened, and would provide procedural guidelines to the issuing authority on determining the presence or absence of “good cause.”

AB 1559: Melendez: Firearms: emergency concealed carry permits.

This bill would authorize a person who, because of prior victimization or based on specific articulable facts, reasonably believes that they are in immediate and grave danger of domestic violence, sexual assault, or stalking, as specified, to apply to the sheriff in the county in which they reside for a temporary emergency license to carry a concealed firearm. The bill would require the sheriff to immediately issue an emergency license to such a person if that person submits a signed affidavit describing their circumstances. The bill would authorize the sheriff to verify the applicant’s eligibility to receive a license, as specified, but would require such verification to be completed without delay and at the time of application.

Oppose:

 AB 12: Irwin: Firearms: gun violence restraining orders.

This bill would increase the duration of the gun violence restraining order and the renewal of the gun violence restraining order to 5 years, subject to earlier termination or renewal by the court.

AB 18: Levine: Firearms: excise tax.

This bill would imposes an excise tax on the sales of handguns and semiautomatic rifles and would require the revenue collected from that tax to be used to fund grants through the California Violence Intervention and Prevention Grant Program within the Board of State and Community Corrections to distribute grants to cities and community-based organizations to fund violence intervention and prevention activities. 

AB 61: Ting: Gun violence restraining orders

This bill would similarly authorize, an employer, a coworker, or an employee of a secondary or postsecondary school that the person has attended in the last 6 months to file a petition for an ex parte, one-year, or renewed gun violence restraining order.

AB 273: Gonzalez: Fur-bearing and nongame mammals: recreational and commercial fur trapping: prohibition.

This bill would prohibit the trapping of any fur-bearing mammal or nongame mammal for purposes of recreation or commerce in fur and would prohibit the sale of the raw fur of any fur-bearing mammal or nongame mammal otherwise lawfully taken pursuant to the Fish and Game Code or regulations adopted pursuant to that code.

AB 276: Friedman: Firearms: storage.

Existing law generally regulates the possession of firearms, including storage requirements to prevent children from gaining access to firearms.

This bill would require a person who is 18 years of age or older and who is the owner, lessee, renter, or other legal occupant of a residence, while that person is outside that residence, as defined, to ensure that any firearm that person owns, or controls is securely stored against theft or unauthorized access. The bill would define a firearm as being securely stored if it is secured with an operable device that is listed on the Department of Justice’s roster of approved firearm safety devices, as specified. The bill would exempt a person from this section if the firearm is

loaned under specified conditions and would exempt an unloaded antique firearm from these provisions. The bill would additionally prohibit a person convicted under these provisions, or under other specified provisions regulating the storage of firearms, from subsequently owning, purchasing, receiving, or having in their possession or control, any firearm.

AB 392: Weber. Peace officers: deadly force.

The bill would also affirmatively prescribe the circumstances under which a peace officer is authorized to use deadly force to effect an arrest, to prevent escape or to overcome resistance.

This bill will leave officers and LE agencies wide open to ‘after the fact’ law suits and endless scrutiny for decisions that often have to be made in seconds. Will greatly restrict an officer’s ability to defend their own lives and the lives of others.

AB 645: Irwin: Firearms: warning statements.

This bill would require, as of June 1, 2020, for both of these warnings to contain a specified statement regarding suicide prevention.

This bill would require, as of June 1, 2020, for the written test and the acknowledged warning to also cover the topic of suicide prevention.

AB 879: Gipson: Firearms (precursor parts).

This bill would, commencing July 1, 2024, require the sale of firearm precursor parts, as defined, to be conducted by or processed through a licensed firearm precursor part vendor. Commencing January 1, 2024, the bill would require a person or business to have a valid firearm precursor part vendor license to sell more than one firearm precursor part in any 30-day period. This bill would make a violation of this prohibition would be a misdemeanor. The bill would require that a licensed firearm dealer or licensed ammunition vendor automatically be deemed a licensed firearm precursor part vendor. The bill would create an application process for firearm precursor part vendors, as specified. The bill would establish the Firearm Precursor Parts Special Account, into which vendor license fees would be deposited. The bill would continuously appropriate money in the fund to the department for purposes of implementing, administering, and enforcing the firearm precursor part authorization program, thereby making an appropriation. The bill would require the firearm precursor part vendor to conduct business at the location specified in the license, except in the case of gun shows or events, as specified.

AB 893: Gloria: 22nd District Agricultural Association: firearm and ammunition sales at the Del Mar Fairgrounds.

This bill would, on and after January 1, 2021, prohibit the sale of firearms and ammunition at the Del Mar Fairgrounds property located in the 22nd District Agricultural Association, as specified, and would thereby make a violation of that prohibition a misdemeanor.

AB 1064: Muratsuchi: Firearms dealers: conduct of business.

This bill would authorize the Department of Justice to impose a civil fine not exceeding $1000 for a breach of those prohibitions, and a civil fine not exceeding $3,000 for a breach of those prohibitions when the licensee has received written notification from the department regarding the breach and fails to take corrective action, as specified, or the department determines the licensee committed the breach knowingly or with gross negligence.

This bill would, in addition, commencing January 1, 2021, prohibit a firearms dealer license from designating a building that is a residence, as defined, as a building where the licensee’s business may be conducted. The bill would also provide that these provisions would not preclude or preempt a local ordinance that places additional or more stringent requirements on firearms dealers regarding where the business of the licensee may be conducted.

The bill would require a licensee to ensure that its business premises are monitored by a video surveillance system that, among other requirements, visually records and archives footage of (1) every sale or transfer of a firearm or ammunition, in a manner that includes audio recording (2) all places where firearms or ammunition are stored, displayed, carried, handled, sold, or transferred; (3) the immediate exterior surroundings of the licensee’s business premises; and (4) all parking areas owned or leased by the licensee.

The bill would, commencing January 1, 2021, require a licensee to obtain a policy of commercial insurance that insures the licensee against liability for damage to property and for injury to or death of any person as a result of the theft, sale, lease or transfer or offering for sale, lease or transfer of a firearm or ammunition, or any other operations of the business and business premises, in the amount of $1,000,000 per incident, as specified.

AB 1297: McCarty: Firearms: concealed carry license.

This bill would require, rather than authorize, the local licensing authority to charge the fee and would require the fee to be in an amount equal to the reasonable costs for processing the application, issuing the license, and enforcing the license, as specified. The bill would delete the prohibition on charging more than $100 for the fee.

AB 1602:  Low: Use of firearm insurance.

This bill would express the intent of the Legislature to enact legislation that would prohibit an insurer from either selling or advertising liability coverage for bodily injury or property damage resulting from the insured’s discharge of a personal firearm.` 

Senate Bills

SB 55: Jackson; Firearms: prohibited persons

This bill would add to the list of misdemeanors, the conviction for which is subject to those prohibitions, misdemeanor offenses of violating the 10-year prohibition on possessing a firearm specified above.

The bill would also apply the above 10-year prohibition to a person who has been convicted of 2 or more specified misdemeanors, or 2 or more convictions of a single specified misdemeanor, in a 3-year period involving alcohol intoxication or possession of certain controlled substances for sale and would make a violation punishable as an infraction. The bill would impose a new 10-year prohibition to a person who commits another of those misdemeanors during the initial 10-year prohibition period, and would make a violation punishable as an infraction. The bill would also make it an infraction for a person prohibited from owning or possessing a firearm pursuant to these provisions to own, possess, or have under their custody or control, any ammunition or reloaded ammunition.

SB 61: Portantino: Firearms: transfers.

This bill would make the 30-day prohibition and the dealer delivery prohibition for handguns applicable to all types of firearms. The bill would also exempt from that prohibition the purchase of a firearm, other than a handgun, by a person who possesses a valid, unexpired hunting license issued by the state, and the acquisition of a firearm, other than a handgun, at specified charity fundraising events.

SB 136: Wiener: Sentencing.

Existing law imposes an additional 3-year sentence for each prior separate prison term served by a defendant where the prior and current offense was a violent felony, as defined. For other Felonies, existing law imposes an additional one-year term for each prior separate prison term or county jail felony term, except under specified circumstances.

This bill would delete the provision that requires an additional one-year term.

SB 172: Portantino. Firearms: storage.

Existing law generally regulates the possession of firearms, including storage requirements to prevent children from gaining access to firearms. Existing law, subject to exceptions, generally requires the loan of a firearm to be conducted by a firearms dealer.

This bill adds additional restrictions on loaning of firearms, increases penalties on ‘improper’ firearm storage, includes unloaded and all firearms in those provisions.

SB 220: Hill: Firearms dealers: storage and security.

This bill would instead, commencing July 1, 2020, require each of the firearms to be secured by storing the firearm in a secure facility, as described above. The bill would require the firearms to additionally be secured using one of several methods, including the method involving a steel rod or cable or the method involving a safe or vault. The bill would require, if the rod or cable method is used and if the licensed location is at street level, that the licensee install, or cause to be installed, concrete or hardened steel bollards meeting certain specifications, or other specified barriers, to protect the location’s front entrance, any floor-to-ceiling windows, and any other doors, from breach by a vehicle. If a safe or vault method is used, the bill would require the safe to meet specified safety standards established by the Attorney General relating to risk reduction of firearm-related injuries to children 17 years of age and younger. The bill would also authorize the dealer to secure the firearms by storing them in a shatter-proof or other specified display case, or in a windowless room without a door accessing the outside of the building, or by use of a steel roll-down door or security gate, or in a locked steel gun rack. The bill would also require the dealer to install steel roll-down doors on perimeter doors and floor-to-ceiling windows if the other securing methods described above are not used.

SB 281: Wiener: Cow Palace Joint Powers Authority.

This bill would prohibit the sale of firearms and ammunition on any property owned, occupied, operated, or controlled by the 1-A District Agricultural Association, or by another state agency, for district or association purposes, and, on and after January 1, 2020, on the real property known as the Cow Palace, as specified. The bill would exclude from its provisions a gun buy-back event held by a law enforcement agency. A violation of this prohibition could be a felony, misdemeanor, or infraction pursuant to the provisions described above.

Watch:

AB 12: Irwin: Firearms: gun violence restraining orders.

This bill would increase the duration of the gun violence restraining order and the renewal of the gun violence restraining order to 5 years, subject to earlier termination or renewal by the court.

AB 44: Friedman: Fur products: prohibition.

This bill would make it unlawful to sell, offer for sale, display for sale, trade, give, donate, or otherwise distribute a fur product, as defined, in the state. The bill would also make it unlawful to manufacture a fur product in the state. The bill would exempt from these prohibitions certain fur products, including, among others, a fur product made from a fur-bearing mammal or nongame mammal taken pursuant to a state trapping license. The bill would require a person that sells or trades any fur product exempt from this prohibition to maintain records of each sale or trade of an exempt fur product for at least one year.

AB 54:  Ting: Peace officers: video and audio recording: disclosure.

This bill would require the agency to provide the estimated date for the disclosure of the video or audio recording under these circumstances and would allow the agency to withhold the recording for the 45 day period, subject to extensions, as provided by existing law.

AB 164: Cervantes. Firearms: prohibited persons.

Under existing law, a person who purchases or receives a firearm, attempts to purchase or receive a firearm, or owns or possesses a firearm knowing that the person is prohibited from doing so by a temporary restraining order, an injunction, or a protective order, as specified, is guilty of a crime.

This bill would expand the scope of this crime to a person who is prohibited from purchasing or possessing a firearm in any jurisdiction by a valid temporary restraining order, injunction, or protective order issued in another jurisdiction.

AB 165: Gabriel: Peace officer training: gun violence restraining orders.

This bill would require the commission to develop and implement, on or before January 1, 2021, a course of training regarding gun violence restraining orders. The bill would require the course to be incorporated into the course or courses of basic training for law enforcement officers and dispatchers, on or before January 1, 2021, and would require the course or courses to include specified topics, including the process of filing a petition for gun violence restraining orders and situational training to assist officers in identifying when a gun violence restraining order is appropriate. The bill would require law enforcement officers, administrators, executives, and dispatchers who have completed basic training prior to January 1, 2021, to participate in supplementary training that includes these topics on or before December 31, 2023.

AB 339: Irwin: Gun violence restraining orders: law enforcement procedures.

This bill would require each law enforcement agency to develop and adopt written policies and standards regarding the use of gun violence restraining orders.

AB 340: Irwin: Firearms: armed prohibited persons.

This bill would authorize a county to establish and implement a Disarming Prohibited Persons Taskforce (DPPT) team program, consisting of officers and agents from specified law enforcement agencies, for the purpose of, among other things, identifying, monitoring, arresting, and assisting in the prosecution of individuals who are armed and prohibited from possessing a firearm. The bill would additionally require the Department of Justice, upon appropriation by the Legislature, to award grants to DPPT teams that apply for the purpose of investigating, locating, apprehending, and prosecuting individuals who are in possession of a firearm, despite their prohibited status, in the DPPT team’s jurisdiction.

AB 425: Cooley: Firearms: ammunition sales.

The bill would exempt from the above-described ammunition purchasing requirement a licensed private patrol operator or an agent or employee of the private patrol operator, a person registered as a security guard or security patrolperson who also holds a valid firearm permit issued by the Bureau of Security and Investigative Services of the Department of Consumer Affairs, who purchases or receives ammunition for use in the normal course and scope of his or her employment, and a sheriff’s or police security officer. The bill would also exempt from the above-described ammunition purchasing requirement a person employed by a forensic laboratory who purchases, receives, or transfers ammunition for use in the normal course and scope of laboratory operations.

AB 857: Chiu: Firearms: unsafe handguns.

This bill would make a technical, nonsubstantive change to those provisions / chamber load indicator.

AB 712: Gray: Control of deadly weapons.

AB 997: Low: Firearms: persons detained or apprehended for examination of mental condition.

AB 1009: Gabriel: Firearms: personal firearm importers

This bill would make a technical, nonsubstantive change to these provisions. 

AB 1292: Bauer-Kahan: Firearms.

This bill would specify that the transfer by operation of law provisions and the exceptions described above to a decedent’s personal representative, to a trustee of a trust created by a will, if the estate or trust includes a firearm, and to a person acting pursuant to the person’s power of attorney. The bill would state that these changes are declaratory of existing law.

AB 1387, as introduced, Wood. Sport fishing licenses: 12 consecutive month licenses.

This bill, instead of calendar year licenses, would require issuance of sport fishing licenses that expire 12 consecutive months after the date specified on the license. Because this is a critical R-3 effort a support position is recommended to LPC

AB 1669: Bonta: Firearms: gun shows and events.

This bill would amend those provisions of law prescribing the rules and regulations for gun shows and events to be consistent with the sale of ammunition at gun shows and events as authorized by the Safety For All Act of 2016.

SB 221: Hill: Firearms: law enforcement agencies: agency firearm accounting.

This bill would require a law enforcement agency, to adopt a written procedure to account for firearms that are owned, acquired, maintained, sold, loaned, lost, stolen from, or in any way possessed by that agency, as specified. The bill would require agency employees to report to the agency lost or stolen firearms owned by the agency or used or carried by an employee within the course of employment that are not owned by the agency, within 5 days of the date they know or reasonably should have known that the firearms were lost or stolen.

SB 230: Caballero: Law enforcement: use of deadly force: training: policies.

This bill would require each law enforcement agency to maintain a policy that provides guidelines on the use of force, utilizing de-escalation techniques and other alternatives to force when feasible, specific guidelines for the application of deadly force, and factors for evaluating and reviewing all use of force incidents, among other things. The bill would require each agency to make their use of force policy accessible to the public. 

SB 257: Nielsen: Firearms: prohibited persons.

This bill would require the Department of Justice, if the department determines that a person prohibited from owning, purchasing, receiving, or possessing a firearm by the provisions described above has attempted to acquire a firearm, to notify the local law enforcement agency with primary jurisdiction over the area in which the person was last known to reside.

SB 620: Portantino: Firearms. (Spot Bill / Watch)

SB 723: Jones: Firearms: dealer’s record of sale. (Spot Bill / Watch)

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