BILL NUMBER: AB 2188 ENROLLED
BILL TEXT
PASSED THE ASSEMBLY AUGUST 6, 1998
PASSED THE SENATE JULY 23, 1998
AMENDED IN SENATE JUNE 30, 1998
AMENDED IN SENATE JUNE 24, 1998
AMENDED IN SENATE JUNE 23, 1998
AMENDED IN SENATE JUNE 11, 1998
AMENDED IN ASSEMBLY MAY 6, 1998
AMENDED IN ASSEMBLY APRIL 13, 1998
INTRODUCED BY Assembly Members Scott, Alquist, Aroner, Cedillo,
Keeley, Knox, Kuehl, Lempert, Ortiz, and Villaraigosa
(Principal coauthor: Senator Hayden)
(Coauthors: Senators Alpert and Watson)
FEBRUARY 19, 1998
An act to add Sections 12085 and 12086 to the Penal Code, relating
to firearms.
LEGISLATIVE COUNSEL'S DIGEST
AB 2188, Scott. Firearms: license to manufacture firearms.
(1) Existing law generally regulates the transfer and possession
of firearms.
This bill would require the Department of Justice to accept
applications for, and to grant state licenses permitting, the
manufacture of firearms within this state. The bill would make it a
misdemeanor for any federally licensed firearm manufacturer to
manufacture firearms in this state without a state license to
manufacture firearms or to fail to forward specified records to the
Federal Bureau of Alcohol, Tobacco, and Firearms within 3 days of the
closure of business. By creating new crimes, the bill would impose
a state-mandated local program.
The bill also would require firearm manufacturers to report to
certain agencies within a specified timeframe whenever a firearm is
discovered to be stolen or missing from the licensee's premises. The
bill would require each employee of a firearm manufacturer to obtain
at least annually a certificate of eligibility indicating that the
employee is not a person who is prohibited from possessing firearms,
and would prohibit any employee who the licensee knows or reasonably
should know is within a prohibited class from coming into contact
with any firearm. The bill would also require all manufactured
firearms and barrels for firearms to be stored in a secure facility
that satisfies specified requirements. Firearm manufacturers
producing fewer than 500 firearms per year would be authorized to
design their own security plan subject to approval by the Department
of Justice or the Bureau of Alcohol, Tobacco, and Firearms. The bill
would require each firearm manufacturer to record the type, model,
caliber or gauge, and serial number of each firearm manufactured or
acquired, and the date of the manufacture or acquisition within one
business day of the manufacture or acquisition, and to permanently
maintain and prepare monthly backups of these records.
The bill would require licensees to allow the Department of
Justice to inspect any firearm manufacturing facility to ensure
compliance with these provisions, and to allow designated persons to
inspect facilities and records to ensure compliance with these
requirements during business hours.
The bill would require the Department of Justice to maintain a
centralized list of all persons licensed to manufacture firearms in
this state, to provide the list annually to each police department
and sheriff's office in this state, and to notify the Federal Bureau
of Alcohol, Tobacco, and Firearms, as well as the local law
enforcement agency having jurisdiction, upon the revocation of a
license to manufacture firearms.
(2) Existing law makes it a felony to change, alter, remove, or
obliterate the name of the maker, model, manufacturer's number, or
other mark of identification, including any distinguishing number or
mark assigned by the Department of Justice on any pistol, revolver,
or any other firearm, except as specified. Existing law provides
that possession of any pistol or revolver upon which the name of the
maker, model, manufacturer's number or other mark of identification
has been changed, altered, removed, or obliterated, shall be
presumptive evidence that the possessor has changed, altered,
removed, or obliterated the same.
This bill would require each firearm manufactured in this state to
be identified with a unique serial number stamped onto the firearm
utilizing the method of compression stamping within one business day
of the time the receiver or frame is manufactured, except as
specified.
The bill would authorize the Department of Justice to revoke the
license of any licensee who violates this provision or the provision
described in (1) above. The bill would require the revocation of any
licensee who knowingly or with gross negligence violates these
provisions or violates these provisions 3 times, and would make that
person, firm, or corporation permanently ineligible to obtain a state
license to manufacture firearms.
(3) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 12085 is added to the Penal Code, to read:
12085. (a) Commencing July 1, 1999, no person, firm, or
corporation licensed to manufacture firearms pursuant to Chapter 44
(commencing with Section 921) of Title 18 of the United States Code
may manufacture firearms within this state unless licensed pursuant
to Section 12086.
(b) Subdivision (a) shall not apply to a person licensed to
manufacture firearms pursuant to Chapter 44 (commencing with Section
921) of Title 18 of the United States Code who manufactures fewer
than one hundred firearms in a calendar year within this state.
(c) If a person, firm, or corporation required to be licensed
pursuant to Section 12086 ceases operations, then the records
required pursuant to paragraphs (6) and (10) of subdivision (c) of
Section 12086 shall be forwarded to the Federal Bureau of Alcohol,
Tobacco, and Firearms within three days of the closure of business.
(d) A violation of this section is a misdemeanor.
(e) (1) As used in this section and Section 12086, the term
"firearm" includes the frame or receiver of the weapon.
(2) As used in this section and Section 12086, the term "firearm"
includes the unfinished frame or receiver of a weapon that can be
readily converted to the functional condition of a finished frame or
receiver.
(3) For purposes of this section and Section 12086, the term
"firearm" does not include an unloaded firearm which is defined as an
"antique firearm" in paragraph (16) of subsection (a) of Section 921
of Title 18 of the United States Code.
SEC. 2. Section 12086 is added to the Penal Code, to read:
12086. (a) (1) As used in this section, "licensee," means a
person, firm, or corporation that satisfies both of the following:
(A) Has a license issued pursuant to paragraph (2) of subdivision
(b).
(B) Is among those recorded in the centralized list specified in
subdivision (f).
(2) As used in this section, "department" means the Department of
Justice.
(b) (1) The Department of Justice shall accept applications for,
and shall grant licenses permitting, the manufacture of firearms
within this state. The department shall inform applicants who are
denied licenses of the reasons for the denial in writing.
(2) No license shall be granted by the department unless and until
the applicant presents proof that he or she has all of the
following:
(A) A valid license to manufacture firearms issued pursuant to
Chapter 44 (commencing with Section 920) of Title 18 of the United
States Code.
(B) Any regulatory or business license, or licenses, required by
local government.
(C) A valid seller's permit or resale certificate issued by the
State Board of Equalization, if applicable.
(D) A certificate of eligibility issued by the Department of
Justice pursuant to paragraph (4) of subdivision (a) of Section
12071.
(3) The department shall adopt regulations to administer this
section and Section 12085 and shall recover the full costs of
administering the program by collecting fees from license applicants.
Recoverable costs shall include, but not be limited to, the costs
of inspections and maintaining a centralized list of licensed firearm
manufacturers. The fee for licensed manufacturers who produce fewer
than 500 firearms in a calendar year within this state shall not
exceed two hundred fifty dollars ($250) per year or the actual costs
of inspections and maintaining a centralized list of firearm
manufacturers and any other duties of the department required
pursuant to this section and Section 12085, whichever is less.
(4) A license granted by the department shall be valid for no more
than one year from the date of issuance and shall be in the form
prescribed by the Attorney General.
(c) A licensee shall comply with the following prohibitions and
requirements:
(1) The business shall be conducted only in the buildings
designated in the license.
(2) The license or a copy thereof, certified by the department,
shall be displayed on the premises where it can easily be seen.
(3) Whenever a licensee discovers a firearm to be stolen or
missing from the licensee's premises, the licensee shall report the
loss or theft within 48 hours of the discovery to all of the
following:
(A) The Department of Justice, in a manner prescribed by the
department.
(B) The Bureau of Alcohol, Tobacco, and Firearms.
(C) The police department in the city or city and county where the
building designated in the license is located.
(D) If there is no police department in the city or city and
county where the building designated in the license is located, the
sheriff of the county where the building designated in the license is
located.
(4) (A) The licensee shall require that each employee obtain a
certificate of eligibility pursuant to paragraph (4) of subdivision
(a) of Section 12071, which shall be renewed annually, prior to being
allowed to come into contact with any firearm.
(B) The licensee shall prohibit any employee who the licensee
knows or reasonably should know is within a class of persons
prohibited from possessing firearms pursuant to Section 12021 or
12021.1 of this code, or Section 8100 or 8103 of the Welfare and
Institutions Code, from coming into contact with any firearm.
(5) (A) Each firearm the licensee manufactures in this state shall
be identified with a unique serial number stamped onto the firearm
utilizing the method of compression stamping.
(B) Licensed manufacturers who produce fewer than 500 firearms in
a calendar year within this state may serialize long guns only by
utilizing a method of compression stamping or by engraving the serial
number onto the firearm.
(C) The licensee shall stamp the serial number onto the firearm
within one business day of the time the receiver or frame is
manufactured.
(D) The licensee shall not use the same serial number for more
than one firearm.
(6) (A) The licensee shall record the type, model, caliber, or
gauge, and serial number of each firearm manufactured or acquired,
and the date of the manufacture or acquisition, within one business
day of the manufacture or acquisition.
(B) The licensee shall maintain permanently within the building
designated in the license the records required pursuant to
subparagraph (A).
(C) Backup copies of the records described in subparagraph (A),
whether electronic or hard copy, shall be made at least once a month.
These backup records are to be maintained in a facility separate
from the one in which the primary records are stored.
(7) (A) The licensee shall allow the department to inspect the
building designated in the license to ensure compliance with the
requirements of this section.
(B) The licensee shall allow any peace officer, authorized law
enforcement employee, or Department of Justice employee designated by
the Attorney General, upon the presentation of proper
identification, to inspect facilities and records during business
hours to ensure compliance with the requirements of this section.
(8) The licensee shall store in a secure facility all firearms
manufactured and all barrels for firearms manufactured.
(9) (A) The licensee shall notify the chief of police or other
head of the municipal police department in the city or city and
county where the building designated in the license is located that
the licensee is manufacturing firearms within that city or city and
county and the location of the licensed premises.
(B) If there is no police department in the city or city and
county where the building designated in the license is located, the
licensee shall notify the sheriff of the county where the building
designated in the license is located that the licensee is
manufacturing firearms within that county and the location of the
licensed premises.
(10) The licensee shall maintain records as prescribed by the
department of all firearms that are lost or stolen and maintain the
same for at least 10 years.
(d) Except as otherwise provided in subdivision (e), as used in
this section, a "secure facility" means that the facility satisfies
all of the following:
(1) The facility is equipped with a burglar alarm with central
monitoring.
(2) All perimeter entries to areas in which firearms are stored
other than doors, including windows and skylights, are secured with
steel window guards or an audible, silent, or sonic alarm to detect
entry.
(3) All perimeter doorways are designed in one of the following
ways:
(A) A windowless steel security door equipped with both a deadbolt
and a doorknob lock.
(B) A windowed metal door equipped with both a deadbolt and a
doorknob lock. If the window has an opening of five inches or more
measured in any direction, the window is covered with steel bars of
at least one-half inch diameter or metal grating of at least nine
gauge affixed to the exterior or interior of the door.
(C) A metal grate that is padlocked and affixed to the licensee's
premises independent of the door and doorframe.
(D) Hinges and hasps attached to doors by welding, riveting, or
bolting with nuts on the inside of the door.
(E) Hinges and hasps installed so that they cannot be removed when
the doors are closed and locked.
(4) Heating, ventilating, air-conditioning, and service openings
are secured with steel bars, metal grating, or an alarm system.
(5) No perimeter metal grates capable of being entered by any
person.
(6) Steel bars used to satisfy the requirements of this
subdivision are not capable of being entered by any person.
(7) Perimeter walls of rooms in which firearms are stored are
constructed of concrete or at least 10-gauge expanded steel wire mesh
utilized along with typical wood frame and drywall construction. If
firearms are not stored in a vault, the facility shall use an
exterior security-type door along with a high security, single-key
deadbolt, or other door that is more secure. All firearms shall be
stored in a separate room away from any general living area or work
area. Any door to the storage facility shall be locked while
unattended.
(8) Perimeter doorways, including the loading dock area, are
locked at all times when not attended by paid employees or contracted
employees, including security guards.
(9) Except when a firearm is currently being tested, any
ammunition on the premises is removed from all manufactured guns and
stored in a separate and locked room, cabinet, or box away from the
storage area for the firearms. Ammunition may be stored with a
weapon only in a locked safe.
(e) For purposes of this section, any licensed manufacturer who
produces fewer than 500 firearms in a calendar year within this state
may maintain a "secure facility" by complying with all of the
requirements described in subdivision (d), or may design a security
plan which shall be approved by the Department of Justice or the
Federal Bureau of Alcohol, Tobacco, and Firearms.
(1) If a security plan is approved by the Federal Bureau of
Alcohol, Tobacco, and Firearms, the approved plan, along with proof
of approval, shall be filed with the Department of Justice and the
local police department. If there is no police department, the
filing shall be with the county sheriff's office.
(2) If a security plan is approved by the Department of Justice,
the approved plan, along with proof of approval, shall be filed with
the local police department. If there is no police department, the
filing shall be with the county sheriff's office.
(f) (1) Except as otherwise provided in this subdivision, the
Department of Justice shall maintain a centralized list of all
persons licensed pursuant to paragraph (2) of subdivision (b). The
centralized list shall be provided annually to each police department
and county sheriff within the state.
(2) Except as provided in paragraph (3), the license of any
licensee who violates this section may be revoked.
(3) The license of any licensee who knowingly or with gross
negligence violates this section or violates this section three times
shall be revoked, and that person, firm, or corporation shall become
permanently ineligible to obtain a license pursuant to this section.
(g) (1) Upon the revocation of the license, notification shall be
provided to local law enforcement authorities in the jurisdiction
where the licensee's business is located and to the Federal Bureau of
Alcohol, Tobacco, and Firearms.
(2) The department shall make information concerning the location
and name of a licensee available, upon request, for the following
purposes only:
(A) Law enforcement.
(B) 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) Notwithstanding paragraph (2), the department shall make the
name and business address of a licensee available to any person upon
written request.
(h) The Department of Justice shall maintain and make available
upon request information concerning the number of inspections
conducted and the amount of fees collected pursuant to paragraph (3)
of subdivision (b), the number of licensees removed from the
centralized list described in subdivision (f), and the number of
licensees found to have violated this section.
SEC. 3. No reimbursement is required by this act pursuant to
Section 6 of Article XIIIB of the California Constitution because the
only costs that may be incurred by a local agency or school district
will be incurred because this act creates a new crime or infraction,
eliminates a crime or infraction, or changes the penalty for a crime
or infraction, within the meaning of Section 17556 of the Government
Code, or changes the definition of a crime within the meaning of
Section 6 of Article XIIIB of the California Constitution.
Notwithstanding Section 17580 of the Government Code, unless
otherwise specified, the provisions of this act shall become
operative on the same date that the act takes effect pursuant to the
California Constitution.