Amended  IN  Senate  April 11, 2024
Amended  IN  Senate  March 11, 2024

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Senate Bill
No. 1038

Introduced by Senator Blakespear

February 06, 2024

An act to amend Sections 11108.3, 25250, and 26835 of, to amend, add, and repeal repeal, and add Section 26905 of, and to add Article 7 (commencing with Section 28495) to Chapter 6 of Division 6 of Title 4 of Part 6 of, the Penal Code, relating to firearms.


LEGISLATIVE COUNSEL'S DIGEST


SB 1038, as amended, Blakespear. Firearms.
(1) Existing law, as enacted by the Safety for All Act of 2016, an initiative statute approved by voters as Proposition 63 at the November 8, 2016, statewide general election, requires a person to report the loss or theft of a firearm that the person owns or possesses to a local law enforcement agency in the jurisdiction in which the theft or loss occurred within 5 days of the time that the owner or possessor knew or should have known that the firearm had been stolen or lost, as specified.
Proposition 63 allows its provisions to be amended by a vote of 55% of the Legislature so long as the amendments are consistent with, and further the intent of, the act.
This bill would amend Proposition 63 by requiring a person to report the loss or theft within 48 hours of the time that the owner or possessor knew or should have known that the firearm had been stolen or lost.
(2) Existing law directs law enforcement agencies to submit the description of a firearm that has been reported stolen, lost, found, recovered, or under observation directly to an automated Department of Justice system. Existing law requires these law enforcement agencies to report to the Department of Justice any information in their possession necessary to identify and trace the history of a recovered firearm that is illegally possessed, has been used in a crime, or is suspected of having been used in a crime. Existing law requires the department to analyze this data and to submit an annual report to the Legislature summarizing this analysis, as specified.
This bill would require the department to inspect the 25 firearm dealer locations in the annual report that are the source or origin of the highest gross number of firearms that were illegally possessed, used in a crime, or suspected to have been used in a crime, as specified.
(3) Existing law generally regulates the sale and transfer of firearms, including, among other requirements, that every dealer keep a record of electronic or telephonic transfers of firearms.
This bill would require a firearm dealer to annually certify their inventory to the Department of Justice, as specified. Upon request by a local law enforcement agency, the bill would require the Department of Justice to send a copy of the annual certifications to the agency. The bill would authorize the Attorney General, a city attorney, or county counsel to impose a civil penalty on a person who violates this provision in the amount of $3,000 per day for the first violation, $5,000 per day for a 2nd violation, and $10,000 per day for a 3rd and subsequent violation, as specified.
(4) Existing law requires, with certain exceptions, a firearm dealer to report an acquisition of a firearm to the Department of Justice, as specified.
This bill would, commencing January 1, 2027, remove specified exceptions to those provisions.
Vote: 55%   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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


SECTION 1.

 Section 11108.3 of the Penal Code is amended to read:

11108.3.
 (a) In addition to the requirements of Section 11108.2 that apply to a law enforcement agency’s duty to report to the Department of Justice the recovery of a firearm, a law enforcement agency described in Section 11108.2 shall, and any other law enforcement agency or agent, including but not limited to a federal or tribal law enforcement agency or agent, may, report to the department in a manner determined by the Attorney General in consultation with the Bureau of Alcohol, Tobacco, Firearms and Explosives all available information necessary to identify and trace the history of all recovered firearms that are illegally possessed, have been used in a crime, or are suspected of having been used in a crime, within seven calendar days of obtaining the information.
(b) When the department receives information from a law enforcement agency pursuant to subdivision (a), it shall promptly forward this information to the National Tracing Center of the federal Bureau of Alcohol, Tobacco, Firearms and Explosives to the extent practicable.
(c) In implementing this section, the Attorney General shall ensure to the maximum extent practical that both of the following apply:
(1) The information provided to the federal Bureau of Alcohol, Tobacco, Firearms and Explosives enables that agency to trace the ownership of the firearm described in subdivision (a).
(2) Law enforcement agencies can report all relevant information without being unduly burdened by this reporting function.
(d) Information collected pursuant to this section shall be maintained by the department for a period of not less than 10 years, and shall be available, under guidelines set forth by the Attorney General, for academic and policy research purposes.
(e) The department shall, on an ongoing basis, analyze the information collected pursuant to this section for patterns and trends relating to recovered firearms that have been illegally possessed, used in a crime, or suspected to have been used in a crime, including the leading sources and origins of those firearms.
(f) (1) The department shall, by no later than July 1, 2023, and annually thereafter, prepare and submit a report to the Legislature summarizing the analysis completed pursuant to subdivision (e). This report shall be submitted in compliance with Section 9795 of the Government Code.
(2) The report shall, without limitation and to the extent possible, include all of the following:
(A) The total number of firearms recovered in the state.
(B) The number of firearms recovered, disaggregated by county and by city.
(C) The number of firearms recovered, disaggregated by the firearms dealer where the most recent sale or transfer of the firearm occurred. This shall include the full name and address of the firearms dealer.
(D) The number of firearms recovered, disaggregated by manufacturer.
(E) The total number of unserialized firearms recovered in the state.
(F) The number of unserialized firearms recovered, disaggregated by county and by city.
(3) The department shall make the report described in this subdivision available to the public.
(g) The Attorney General may issue regulations to further the purposes of this section.
(h) (1) The department shall inspect the 25 firearm dealer locations that are the source or origin of the highest gross number of firearms that were illegally possessed, used in a crime, or suspected to have been used in a crime, as described in the report specified in subdivision (e) and submitted pursuant to subdivision (f) within the previous year.
(2) This subdivision does not require a dealer location to be inspected if an inspection has already been completed by the department within the previous year pursuant to Section 26720.

SEC. 2.

 Section 25250 of the Penal Code is amended to read:

25250.
 (a) Every person shall report the loss or theft of a firearm they own or possess to a local law enforcement agency in the jurisdiction in which the theft or loss occurred within 48 hours of the time they knew or reasonably should have known that the firearm had been stolen or lost.
(b) Every person who has reported a firearm lost or stolen under subdivision (a) shall notify the local law enforcement agency in the jurisdiction in which the theft or loss occurred within five days if the firearm is subsequently recovered by the person.
(c) Notwithstanding subdivision (a), a person shall not be required to report the loss or theft of a firearm that is an antique firearm within the meaning of subdivision (c) of Section 16170.

SEC. 3.

 Section 26835 of the Penal Code is amended to read:

26835.
 (a) A licensee shall conspicuously post within the licensed premises the following warnings in block letters not less than one inch in height:
(1) “FIREARMS MUST BE HANDLED RESPONSIBLY AND SECURELY STORED TO PREVENT ACCESS BY CHILDREN AND OTHER UNAUTHORIZED USERS. CALIFORNIA HAS STRICT LAWS PERTAINING TO FIREARMS, AND YOU MAY BE FINED OR IMPRISONED IF YOU FAIL TO COMPLY WITH THEM. VISIT THE WEBSITE OF THE CALIFORNIA ATTORNEY GENERAL AT HTTPS://OAG.CA.GOV/FIREARMS FOR INFORMATION ON FIREARM LAWS APPLICABLE TO YOU AND HOW YOU CAN COMPLY.”
(2) “IF YOU KEEP A FIREARM WITHIN ANY PREMISES UNDER YOUR CUSTODY OR CONTROL, AND A PERSON UNDER 18 YEARS OF AGE OBTAINS IT AND USES IT, RESULTING IN INJURY OR DEATH, OR CARRIES IT TO A PUBLIC PLACE, YOU MAY BE GUILTY OF A MISDEMEANOR OR A FELONY UNLESS YOU STORED THE FIREARM IN A LOCKED CONTAINER OR LOCKED THE FIREARM WITH A LOCKING DEVICE TO KEEP IT FROM TEMPORARILY FUNCTIONING.”
(3) “CHILDREN MAY BE UNABLE TO DISTINGUISH FIREARMS FROM TOYS AND MAY OPERATE FIREARMS, CAUSING SEVERE INJURIES OR DEATH. IF YOU KEEP A FIREARM WITHIN ANY PREMISES UNDER YOUR CUSTODY OR CONTROL, AND A PERSON UNDER 18 YEARS OF AGE GAINS ACCESS TO THE FIREARM AND CARRIES IT OFF-PREMISES, YOU MAY BE GUILTY OF A MISDEMEANOR, UNLESS YOU STORED THE FIREARM IN A LOCKED CONTAINER, OR LOCKED THE FIREARM WITH A LOCKING DEVICE TO KEEP IT FROM TEMPORARILY FUNCTIONING.”
(4) “YOU MAY BE GUILTY OF A MISDEMEANOR, INCLUDING A SIGNIFICANT FINE OR IMPRISONMENT, IF YOU KEEP A FIREARM WHERE A MINOR IS LIKELY TO ACCESS IT OR IF A MINOR OBTAINS AND IMPROPERLY USES IT, OR CARRIES IT OFF OF THE PREMISES TO A SCHOOL OR SCHOOL-SPONSORED EVENT, UNLESS YOU STORED THE FIREARM IN A LOCKED CONTAINER OR LOCKED THE FIREARM WITH A LOCKING DEVICE.”
(5) “IF YOU NEGLIGENTLY STORE OR LEAVE A FIREARM WITHIN ANY PREMISES UNDER YOUR CUSTODY OR CONTROL WHERE A PERSON UNDER 18 YEARS OF AGE IS LIKELY TO ACCESS IT, YOU MAY BE GUILTY OF A MISDEMEANOR, INCLUDING A SIGNIFICANT FINE, UNLESS YOU STORED THE FIREARM IN A LOCKED CONTAINER OR LOCKED THE FIREARM WITH A LOCKING DEVICE.”
(6) “DISCHARGING FIREARMS IN POORLY VENTILATED AREAS, CLEANING FIREARMS, OR HANDLING AMMUNITION MAY RESULT IN EXPOSURE TO LEAD, A SUBSTANCE KNOWN TO CAUSE BIRTH DEFECTS, REPRODUCTIVE HARM, AND OTHER SERIOUS PHYSICAL INJURY. HAVE ADEQUATE VENTILATION AT ALL TIMES. WASH HANDS THOROUGHLY AFTER EXPOSURE.”
(7) “FEDERAL REGULATIONS PROVIDE THAT IF YOU DO NOT TAKE PHYSICAL POSSESSION OF THE FIREARM THAT YOU ARE ACQUIRING OWNERSHIP OF WITHIN 30 DAYS AFTER YOU COMPLETE THE INITIAL BACKGROUND CHECK PAPERWORK, THEN YOU HAVE TO GO THROUGH THE BACKGROUND CHECK PROCESS A SECOND TIME IN ORDER TO TAKE PHYSICAL POSSESSION OF THAT FIREARM.”
(8) “NO PERSON SHALL MAKE AN APPLICATION TO PURCHASE MORE THAN ONE FIREARM WITHIN ANY 30-DAY PERIOD AND NO DELIVERY SHALL BE MADE TO ANY PERSON WHO HAS MADE AN APPLICATION TO PURCHASE MORE THAN ONE FIREARM WITHIN ANY 30-DAY PERIOD.”
(9) “IF A FIREARM YOU OWN OR POSSESS IS LOST OR STOLEN, YOU MUST REPORT THE LOSS OR THEFT TO A LOCAL LAW ENFORCEMENT AGENCY WHERE THE LOSS OR THEFT OCCURRED WITHIN 48 HOURS OF THE TIME YOU KNEW OR REASONABLY SHOULD HAVE KNOWN THAT THE FIREARM HAD BEEN LOST OR STOLEN.”
(b) (1) In addition to the notice required by subdivision (a), a licensee shall post conspicuously within the licensed premises, on a contrasting background and written in block letters not less than one inch in height, an additional notice containing the following statement:
“WARNING:
IF YOU OR A LOVED ONE IS EXPERIENCING DISTRESS OR DEPRESSION OR IS CONTEMPLATING SUICIDE, PLEASE CALL 988 (THE 988 SUICIDE AND CRISIS LIFELINE).
ACCESS TO A FIREARM IN THE HOME SIGNIFICANTLY INCREASES THE RISK OF SUICIDE, DEATH, AND INJURY DURING DOMESTIC VIOLENCE DISPUTES, AND THE UNINTENTIONAL DEATH AND TRAUMATIC INJURY TO CHILDREN, HOUSEHOLD MEMBERS, AND GUESTS.”
(2) The statement in paragraph (1) shall be posted on the counter of one of the main gun displays or within five feet of the cash register. In the case that posting the statement on the counter of a gun display or within five feet of the cash register is impossible, the licensed dealer shall post the statement conspicuously within the licensed premises. The statement shall not be placed on the floor or the ceiling of the premises.
(3) The word “WARNING” in paragraph (1) shall be on a separate line above the other text in the statement.
(4) The sentence “IF YOU OR A LOVED ONE IS EXPERIENCING DISTRESS OR DEPRESSION OR IS CONTEMPLATING SUICIDE, PLEASE CALL 988 (THE 988 SUICIDE AND CRISIS LIFELINE).” in paragraph (1) shall be on a separate line below “WARNING” and above the other text in the statement.
(c) This section shall become operative on January 1, 2024.

SEC. 4.

 Section 26905 of the Penal Code is amended to read:

26905.
 (a) On the date of receipt, a licensee shall report to the Department of Justice, in a format prescribed by the department, the acquisition by the licensee of the ownership of a firearm.
(b) The provisions of this section shall not apply to any of the following transactions:
(1) A transaction subject to the provisions of Sections 26960 and 27660.
(2) The dealer acquired the firearm from a wholesaler.
(3) The dealer acquired the firearm from a person who is licensed as a manufacturer or importer to engage in those activities pursuant to Chapter 44 (commencing with Section 921) of Title 18 of the United States Code and any regulations issued pursuant to those provisions.
(4) The dealer acquired the firearm from a person who resides outside this state who is licensed pursuant to Chapter 44 (commencing with Section 921) of Title 18 of the United States Code and any regulations issued pursuant to those provisions.
(5) When a dealer who is also licensed as a secondhand dealer, pursuant to Article 4 (commencing with Section 21625) of Chapter 9 of Division 8 of the Business and Professions Code, acquires a firearm and reports its acquisition pursuant to Section 21628.2 of the Business and Professions Code.
(c) This section shall become inoperative on January 1, 2027, and as of that date is repealed.

SEC. 5.

 Section 26905 is added to the Penal Code, to read:

26905.
 (a) On the date of receipt, a licensee shall report to the Department of Justice, in a format prescribed by the department, the acquisition by the licensee of the ownership of a firearm.
(b) The provisions of this section shall not apply to any either of the following transactions:
(1) A transaction subject to the provisions of Sections 26960 and 27660.
(2) When a dealer who is also licensed as a secondhand dealer, pursuant to Article 4 (commencing with Section 21625) of Chapter 9 of Division 8 of the Business and Professions Code, acquires a firearm and reports its acquisition pursuant to Section 21628.2 of the Business and Professions Code.
(c) This section shall become operative on January 1, 2027.

SEC. 6.

 Article 7 (commencing with Section 28495) is added to Chapter 6 of Division 6 of Title 4 of Part 6 of the Penal Code, to read:
Article  7. Annual Reporting of Inventory by Dealers

28495.
 (a) (1) A firearm dealer shall annually annually, by December 31 of each year, certify their inventory to the Department of Justice.
(2) A firearm dealer shall include the make, model, and serial number of their entire inventory in the annual certification.
(3) Upon request by a local law enforcement agency, the Department of Justice shall send a copy of the annual certifications to the agency.
(b) The Attorney General, a city attorney, or county counsel may impose a civil penalty on a person who violates this section in the amount of three thousand dollars ($3,000) per day for the first violation, five thousand dollars ($5,000) per day for a second violation, and ten thousand dollars ($10,000) per day for a third and subsequent violation. Any civil penalties collected pursuant to this section shall be paid to the office of the Attorney General, city attorney, or county counsel, whichever office brought the action.