CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Senate Bill
No. 1384

Introduced by Senator Min

February 18, 2022

An act to add Sections 26806, 26811, and 26920 to the Penal Code, relating to firearms.


LEGISLATIVE COUNSEL'S DIGEST


SB 1384, as introduced, 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 premise and would require that dealer to carry a policy of general liability insurance, as specified. The 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.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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


SECTION 1.

 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 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 and identification of any person.
(3) The areas recorded shall include, without limitation, all of the following:
(A) Interior and exterior 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 or theft.
(6) Recordings shall be maintained for a minimum of 3 years.
(7) Recorded images shall clearly and accurately display the date and time synchronized with the United States Department of Commerce National Institute Standards and Technology official 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 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.
(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 a peace officer conducting a criminal investigation.
(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 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 from requiring a more stringent requirement regarding video surveillance.

SEC. 2.

 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.

SEC. 3.

 Section 26920 is added to the Penal Code, to read:

26920.
 (a) Commencing July 1, 2024, every licensee, and every employee thereof who handles or processes the sale, loan, or transfer of firearms or ammunition in the course of their normal duties, shall annually complete the training and certification described in subdivision (c).
(b) Every licensee shall maintain records of certification for all employees on the business premises and shall make these records available to any agent of the department or a licensing authority conducting an inspection of the licensee’s premises.
(c) (1) The department shall, by no later than January 1, 2024, develop and implement a course of training for licensees and their employees who handle or process the sale, loan, or transfer of firearms or ammunition in the course of their normal duties.
(2) The training described in paragraph (1) shall include, without limitation, all of the following:
(A) Federal and state laws governing that sales and transfers of firearms and ammunition.
(B) How to recognize and identify straw purchasers and fraudulent activity.
(C) Indicators that a person is attempting to purchase a firearm illegally.
(D) How to recognize and identify indicators that an individual intends to use a firearm for unlawful purposes.
(E) How to recognize and identify indicators that an individual intends to use a firearm for self-harm.
(F) How to prevent theft or burglary of firearms and ammunition.
(G) How to respond to circumstances described in subparagraphs (A) to (F), inclusive and any applicable reporting requirement.
(H) How to teach consumers rules of firearm safety, including, but not limited to, the safe handling and storage of firearms.
(I) Other reasonable business practices that the department determines will deter gun trafficking or the unlawful use of firearms.
(3) The training shall be available in an online format and shall include an examination with not fewer than 20 questions derived from the course materials and intended to confirm that a course participant has learned the information covered by the course. A participant that answers at least 70 percent of the examination questions correctly shall receive a printable certificate of completion valid for one year from the date of completion.
(4) In addition to the online training course, the department shall prepare supplemental written materials that shall be available to all course participants to print and shall include, without limitation, all of the following:
(A) A behavioral profile of persons who may be involved in drug trafficking or straw purchasing, including all of the following:
(i) The person is accompanied by one or more individuals.
(ii) The person is communicating with other individuals by telephone or other means.
(iii) The person is buying multiple firearms.
(iv) The person has been the subject of a crime gun trace.
(v) The person has purchased a firearm in the preceding 30 days.
(vi) The person otherwise indicates that a firearm is being obtained for another person.
(B) How to ascertain whether a prospective firearm purchaser is lawfully purchasing a firearm, including by asking questions of the prospective firearm purchaser.
(C) How to report a suspected fraudulent firearm purchase to the federal Bureau of Alcohol, Tobacco, Firearms and Explosives and to the Department of Justice.
(5) The department shall regularly review the training materials and update them as necessary.
(d) This section does not preclude any local authority from requiring a more stringent requirement regarding the training.