Amended  IN  Assembly  August 04, 2022
Amended  IN  Assembly  June 23, 2022
Amended  IN  Senate  April 25, 2022
Amended  IN  Senate  April 07, 2022

CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Senate Bill
No. 1384

Introduced by Senator Min
(Coauthors: Assembly Members Carrillo, Cristina Garcia, and Santiago)

February 18, 2022

An act to amend Section 26710 26715 of, and to add Sections 26806 and 26811 to, the Penal Code, relating to firearms.


LEGISLATIVE COUNSEL'S DIGEST


SB 1384, as amended, Min. Firearms: dealer requirements.
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 licensed firearm dealer to have a digital video surveillance system on their business premises, as specified, and would require that dealer to carry a policy of general liability insurance, as specified.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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


SECTION 1.Section 26710 of the Penal Code is amended to read:
26710.

(a)A person may request a certificate of eligibility from the Department of Justice.

(b)The Department of Justice shall examine its records and records available to the department in the National Instant Criminal Background Check System in order to determine if the applicant is prohibited by state or federal law from possessing, receiving, owning, or purchasing a firearm.

(c)The department shall issue a certificate to an applicant if the department’s records indicate that the applicant is not a person who is prohibited by state or federal law from possessing firearms.

(d)The department shall adopt regulations to administer the certificate of eligibility program and shall recover the full costs of administering the program by imposing fees assessed to applicants who apply for those certificates.

(e)The department shall not issue a certificate to an applicant who has failed to provide certification of compliance with Section 26806 pursuant to subdivision (d) of Section 26806.

SECTION 1.

 Section 26715 of the Penal Code is amended to read:

26715.
 (a) Except as otherwise provided in paragraphs (1) and (3) of subdivision (b), the Department of Justice shall keep a centralized list of all persons licensed pursuant to subdivisions (a) to (e), inclusive, of Section 26700.
(b) (1) The department may remove from this list any person who knowingly or with gross negligence violates a provision listed in Section 16575.
(2) The department shall remove from the centralized list any person whose federal firearms license has expired or has been revoked.
(3) The department shall remove from the centralized list any person or entity who has failed to provide certification of compliance with Section 26806 pursuant to subdivision (d) of Section 26806.

(3)

(4) Upon removal of a dealer from this list, notification shall be provided to local law enforcement and licensing authorities in the jurisdiction where the dealer’s business is located.
(c) Information compiled from the list shall be made available, upon request, for the following purposes only:
(1) For law enforcement purposes.
(2) When the information is requested by a person licensed pursuant to Chapter 44 (commencing with Section 921) of Title 18 of the United States Code for determining the validity of the license for firearm shipments.
(3) When information is requested by a person promoting, sponsoring, operating, or otherwise organizing a show or event as defined in Section 478.100 of Title 27 of the Code of Federal Regulations, or its successor, who possesses a valid certificate of eligibility issued pursuant to Article 1 (commencing with Section 27200) of Chapter 3, if that information is requested by the person to determine the eligibility of a prospective participant in a gun show or event to conduct transactions as a firearms dealer pursuant to subdivision (b) of Section 26805.
(d) Information provided pursuant to subdivision (c) shall be limited to information necessary to corroborate an individual’s current license status as being one of the following:
(1) A person licensed pursuant to subdivisions (a) to (e), inclusive, of Section 26700.
(2) A person who is licensed pursuant to Chapter 44 (commencing with Section 921) of Title 18 of the United States Code, and who is not subject to the requirement of being licensed pursuant to subdivisions (a) to (e), inclusive, of Section 26700.

SEC. 2.

 Section 26806 is added to the Penal Code, to read:

26806.
 (a) Commencing January 1, 2024, a licensee shall ensure that its business premises are monitored by a digital video surveillance system that meets all of the following requirements:
(1) The system shall clearly record images and, for systems located inside the premises, audio, of the area under surveillance.
(2) Each camera shall be permanently mounted in a fixed location. Cameras shall be placed in locations that allow the camera to clearly record activity occurring in all areas described in paragraph (3) and reasonably produce recordings that allow for the clear identification of any person.
(3) The areas recorded shall include, without limitation, all of the following:
(A) Interior views of all entries or exits to the premises.
(B) All areas where firearms are displayed.
(C) All points of sale, sufficient to identify the parties involved in the transaction.
(4) The system shall continuously record 24 hours per day at a frame rate no less than 15 frames per second.
(5) The media or device on which recordings are stored shall be secured in a manner to protect the recording from tampering, unauthorized access or use, or theft.
(6) Recordings shall be maintained for a minimum of one year.
(7) Recorded images shall clearly and accurately display the date and time.
(8) The system shall be equipped with a failure notification system that provides notification to the licensee of any interruption or failure of the system or storage device.
(b) A licensee shall not use, share, allow access, or otherwise release recordings, to any person except as follows:
(1) A licensee shall allow access to the system to an agent of the department or a licensing authority conducting an inspection of the licensee’s premises, for the purpose of inspecting the system for compliance with this section, and only if a warrant or court order would not generally be required for that access.
(2) A licensee shall allow access to the system or release recordings to any person pursuant to search warrant or other court order.
(3) A licensee may allow access to the system or release recordings to any person in response to an insurance claim or as part of the civil discovery process, including, but not limited to, in response to subpoenas, request for production or inspection, or other court order.
(c) The licensee shall post a sign in a conspicuous place at each entrance to the premises that states in block letters not less than one inch in height:

“THESE PREMISES ARE UNDER VIDEO AND AUDIO SURVEILLANCE. YOUR IMAGE AND CONVERSATIONS MAY BE RECORDED.”

(d) A licensee shall, on an annual basis, provide certification to the department, in a manner prescribed by the department, that its video surveillance system is in proper working order.
(e) This section does not preclude any local authority or local governing body from adopting or enforcing local laws or policies regarding video surveillance that do not contradict or conflict with the requirements of this section.

SEC. 3.

 Section 26811 is added to the Penal Code, to read:

26811.
 (a) Commencing July 1, 2023, a licensee shall carry a general liability insurance policy providing at least one million dollars ($1,000,000) of coverage per incident.
(b) This section does not preclude any local authority from requiring a more stringent requirement regarding the maintenance of liability insurance.