BILL NUMBER: AB 295 AMENDED
BILL TEXT
AMENDED IN SENATE JUNE 24, 1999
AMENDED IN ASSEMBLY MAY 26, 1999
AMENDED IN ASSEMBLY APRIL 28, 1999
AMENDED IN ASSEMBLY APRIL 15, 1999
INTRODUCED BY Assembly Member Corbett
(Principal coauthor: Assembly Member Romero)
(Coauthors: Assembly Members Aroner, Knox, Kuehl, Machado,
Scott, Shelley, and Steinberg)
FEBRUARY 8, 1999
An act to amend Sections 12070, 12071, and 12071.1 of the Penal
Code, relating to firearms.
LEGISLATIVE COUNSEL'S DIGEST
AB 295, as amended, Corbett. Firearms: gun show promoters.
(1) Existing law provides for the regulation of gun shows or
events, and requires that no person shall produce, sponsor, operate,
or otherwise organize a gun show or event unless that person
possesses a valid certificate of eligibility from the Department of
Justice. Existing law requires gun show promoters to make a complete
and accurate list of all persons and entities that have leased or
rented tables or space at the gun show or event, and to provide local
law enforcement with this list upon request no later than 24 hours
prior to the commencement of the gun show or event, or thereafter
upon request as specified. Existing law provides that the Department
of Justice shall adopt regulations to administer this certification
program and shall recover the costs of the program in fees assessed
on applicants for certificates. Existing law also provides that a
knowing violation of these provisions shall be a misdemeanor and
shall make the violator ineligible for a certificate for one year
from the date of the violation or conviction, whichever is later.
This bill would expand these provisions to create a gun show
promoter licensing program administered by the department, and would
provide that no person shall produce, promote, sponsor, operate, or
otherwise organize a gun show or event without a gun show promoter
license, which would be valid for up to 2 years. The
Under the bill would require
, gun show promoters would be required to provide the list of
persons or entities that have leased or rented tables or space at gun
shows to local law enforcement no later than 15 days prior to the
gun show rather than 30 days. The bill would also require
licensees to submit, no later than 30 15
days in advance of the event, written security plans to local
law enforcement for approval, upon which the local law enforcement
agency of the Department of Justice would be required to
provide policing services, except as specified. The
bill would permit local law enforcement to request, and require the
promoter to provide upon request, specified documents for applicable
individuals including specified licenses and permits. The bill
would provide that approval of the security plan would not be a
basis for imposing liability of the local law enforcement agency or
local government entity. This bill would make the promoter of a gun
show or event responsible for informing prospective gun show vendors
of statutory requirements surrounding the control of deadly weapons,
and for ensuring that all vendors and their employees have obtained a
dealer's license or any other permit, license, or certificate
required by federal, state, or local law. The bill would provide
that if a vendor fails to cooperate with a promoter or fails to
comply with these requirements, that vendor shall not be allowed to
participate in that show or event, and if a promoter fails to provide
this information to, or fails to ensure the ultimate compliance of,
a vendor, the gun show or event shall be closed down until these
requirements are met. The bill would also require the Department of
Justice to provide special training for officers on the applicable
federal, state, and local laws impacting firearm sales at gun show or
events. The bill would provide that a minor may not attend a
gun show or event unless accompanied by a parent or legal guardian.
A violation of these provisions would be a misdemeanor
punishable by a fine not exceeding $2,000, as specified,
and would render a promoter ineligible for a gun show promoter
license for 2 years from the date of the violation. Because this bill
would expand the scope of an existing crime, and would impose new
duties on local law enforcement agencies, it would impose a
state-mandated local program.
(2) Existing law provides that no person shall sell, lease, or
transfer firearms unless he or she has been issued a specified
license, but exempts from this requirement the infrequent sale,
lease, or transfer of firearms. Existing law provides that in the
context of pistols, revolvers, and other firearms capable of being
concealed upon the person, "infrequent" means less than 6
transactions per calendar year, and that "transaction" means a single
sale, lease, or transfer of any number of pistols, revolvers, or
other firearms capable of being concealed upon the person.
This bill would provide that "transaction" in this context instead
means, as to the sale or other transfer of title of concealable
firearms, each firearm sold or whose title is otherwise transferred,
shall be considered a separate transaction and, as to leases of
concealable firearms, any lease at one time of any number of these
firearms shall be considered one transaction.
(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 specified reasons.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 12070 of the Penal Code is amended to read:
12070. (a) No person shall sell, lease, or transfer firearms
unless he or she has been issued a license pursuant to Section 12071.
Any person violating this section is guilty of a misdemeanor.
(b) Subdivision (a) does not include any of the following:
(1) The sale, lease, or transfer of any firearm by a person acting
pursuant to operation of law, a court order, or pursuant to the
Enforcement of Judgments Law (Title 9 (commencing with Section
680.010) of Part 2 of the Code of Civil Procedure), or by a person
who liquidates a personal firearm collection to satisfy a court
judgment.
(2) A person acting pursuant to subdivision (e) of Section 186.22a
or subdivision (c) of Section 12028.
(3) The sale, lease, or transfer of a firearm by a person who
obtains title to the firearm by intestate succession or by bequest or
as a surviving spouse pursuant to Chapter 1 (commencing with Section
13500) of Part 2 of Division 8 of the Probate Code, provided the
person disposes of the firearm within 60 days of receipt of the
firearm.
(4) The infrequent sale, lease, or transfer of firearms.
(5) The sale, lease, or transfer of used firearms other than
pistols, revolvers, or other firearms capable of being concealed upon
the person, at gun shows or events, as specified in subparagraph (B)
of paragraph (1) of subdivision (b) of Section 12071, by a person
other than a licensee or dealer, provided the person has a valid
federal firearms license and a current certificate of eligibility
issued by the Department of Justice, as specified in Section 12071,
and provided all the sales, leases, or transfers fully comply with
subdivision (d) of Section 12072. However, the person shall not
engage in the sale, lease, or transfer of used firearms other than
pistols, revolvers, or other firearms capable of being concealed upon
the person at more than 12 gun shows or events in any calendar year
and shall not sell, lease, or transfer more than 15 used firearms
other than pistols, revolvers, or other firearms capable of being
concealed upon the person at any single gun show or event. In no
event shall the person sell more than 75 used firearms other than
pistols, revolvers, or other firearms capable of being concealed upon
the person in any calendar year.
A person described in this paragraph shall be known as a "Gun Show
Trader."
The Department of Justice shall adopt regulations to administer
this program and shall recover the full costs of administration from
fees assessed applicants.
As used in this paragraph, the term "used firearm" means a firearm
that has been sold previously at retail and is more than three years
old.
(6) The activities of a law enforcement agency pursuant to Section
12084.
(7) Deliveries, sales, or transfers of firearms between or to
importers and manufacturers of firearms licensed to engage in
business pursuant to Chapter 44 (commencing with Section 921) of
Title 18 of the United States Code and the regulations issued
pursuant thereto.
(8) The sale, delivery, or transfer of firearms by manufacturers
or importers licensed pursuant to Chapter 44 (commencing with Section
921) of Title 18 of the United States Code and the regulations
issued pursuant thereto to dealers or wholesalers.
(9) Deliveries and transfers of firearms made pursuant to Section
12028, 12028.5, or 12030.
(10) The loan of a firearm for the purposes of shooting at
targets, if the loan occurs on the premises of a target facility
which holds a business or regulatory license or on the premises of
any club or organization organized for the purposes of practicing
shooting at targets upon established ranges, whether public or
private, if the firearm is at all times kept within the premises of
the target range or on the premises of the club or organization.
(11) Sales, deliveries, or transfers of firearms by manufacturers,
importers, or wholesalers licensed pursuant to Chapter 44
(commencing with Section 921) of Title 18 of the United States Code
and the regulations issued pursuant thereto to persons who reside
outside this state who are licensed pursuant to Chapter 44
(commencing with Section 921) of Title 18 of the United States Code
and the regulations issued pursuant thereto, if the sale, delivery,
or transfer is in accordance with Chapter 44 (commencing with Section
921) of Title 18 of the United States Code and the regulations
issued pursuant thereto.
(12) Sales, deliveries, or transfers of firearms by persons who
reside outside this state and are licensed outside this state
pursuant to Chapter 44 (commencing with Section 921) of Title 18 of
the United States Code and the regulations issued pursuant thereto to
wholesalers, manufacturers, or importers, if the sale, delivery, or
transfer is in accordance with Chapter 44 (commencing with Section
921) of Title 18 of the United States Code and the regulations issued
pursuant thereto.
(13) Sales, deliveries, or transfers of firearms by wholesalers to
dealers.
(14) Sales, deliveries, or transfers of firearms by persons who
reside outside this state to persons licensed pursuant to Section
12071, if the sale, delivery, or transfer is in accordance with
Chapter 44 (commencing with Section 921) of Title 18 of the United
States Code, and the regulations issued pursuant thereto.
(15) Sales, deliveries, or transfers of firearms by persons who
reside outside this state and are licensed pursuant to Chapter 44
(commencing with Section 921) of Title 18 of the United States Code
and the regulations issued pursuant thereto to dealers, if the sale,
delivery, or transfer is in accordance with Chapter 44 (commencing
with Section 921) of Title 18 of the United States Code and the
regulations issued pursuant thereto.
(16) The delivery, sale, or transfer of an unloaded firearm by one
wholesaler to another wholesaler if that firearm is intended as
merchandise in the receiving wholesaler's business.
(17) The loan of an unloaded firearm or the loan of a firearm
loaded with blank cartridges for use solely as a prop for a motion
picture, television, or video production or entertainment or
theatrical event.
(18) The delivery of an unloaded firearm that is a curio or relic,
as defined in Section 178.11 of Title 27 of the Code of Federal
Regulations, by a person licensed as a collector pursuant to Chapter
44 (commencing with Section 921) of Title 18 of the United States
Code and the regulations issued pursuant thereto with a current
certificate of eligibility issued pursuant to Section 12071 to a
dealer.
(c) (1) As used in this section, "infrequent" means:
(A) For pistols, revolvers, and other firearms capable of being
concealed upon the person, less than six transactions per calendar
year. For purposes of this section, "transaction" means the
following:
(i) As to the sale or other transfer of title of pistols,
revolvers, or other firearms capable of being concealed upon the
person, each firearm sold or whose title is otherwise transferred,
shall be considered a separate transaction.
(ii) As to leases of pistols, revolvers, or other firearms capable
of being concealed upon the person, any lease at one time of any
number of pistol, revolvers, or other firearms capable of being
concealed upon the person shall be considered one transaction.
(B) For firearms other than pistols, revolvers, or other firearms
capable of being concealed upon the person, occasionally and without
regularity.
(2) As used in this section, "operation of law" includes, but is
not limited to, any of the following:
(A) The executor or administrator of an estate, if the estate
includes firearms.
(B) A secured creditor or an agent or employee thereof when the
firearms are possessed as collateral for, or as a result of, a
default under a security agreement under the Commercial Code.
(C) A levying officer, as defined in Section 481.140, 511.060, or
680.260 of the Code of Civil Procedure.
(D) A receiver performing his or her functions as a receiver, if
the receivership estate includes firearms.
(E) A trustee in bankruptcy performing his or her duties, if the
bankruptcy estate includes firearms.
(F) An assignee for the benefit of creditors performing his or her
functions as an assignee, if the assignment includes firearms.
(G) A transmutation of property between spouses pursuant to
Section 850 of the Family Code.
(H) Firearms received by the family of a police officer or deputy
sheriff from a local agency pursuant to Section 50081 of the
Government Code.
(I) The transfer of a firearm by a law enforcement agency to the
person who found the firearm where the delivery is to the person as
the finder of the firearm pursuant to Article 1 (commencing with
Section 2080) of Chapter 4 of Division 3 of the Civil Code.
SEC. 2. Section 12071 of the Penal Code is amended to read:
12071. (a) (1) As used in this chapter, the term "licensee,"
"person licensed pursuant to Section 12071," or "dealer" means a
person who has all of the following:
(A) A valid federal firearms license.
(B) Any regulatory or business license, or licenses, required by
local government.
(C) A valid seller's permit issued by the State Board of
Equalization.
(D) A certificate of eligibility issued by the Department of
Justice pursuant to paragraph (4).
(E) A license issued in the format prescribed by paragraph (6).
(F) Is among those recorded in the centralized list specified in
subdivision (e).
(2) The duly constituted licensing authority of a city, county, or
a city and county shall accept applications for, and may grant
licenses permitting, licensees to sell firearms at retail within the
city, county, or city and county. The duly constituted licensing
authority shall inform applicants who are denied licenses of the
reasons for the denial in writing.
(3) No license shall be granted to any applicant who fails to
provide a copy of his or her valid federal firearms license, valid
seller's permit issued by the State Board of Equalization, and the
certificate of eligibility described in paragraph (4).
(4) A person may request a certificate of eligibility from the
Department of Justice and the Department of Justice shall issue a
certificate to an applicant if the department's records indicate that
the applicant is not a person who is prohibited from possessing
firearms.
(5) 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.
(6) A license granted by the duly constituted licensing authority
of any city, county, or city and county, shall be valid for not more
than one year from the date of issuance and shall be in one of the
following forms:
(A) In the form prescribed by the Attorney General.
(B) A regulatory or business license that states on its face
"Valid for Retail Sales of Firearms" and is endorsed by the signature
of the issuing authority.
(C) A letter from the duly constituted licensing authority having
primary jurisdiction for the applicant's intended business location
stating that the jurisdiction does not require any form of regulatory
or business license or does not otherwise restrict or regulate the
sale of firearms.
(7) Local licensing authorities may assess fees to recover their
full costs of processing applications for licenses.
(b) A license is subject to forfeiture for a breach of any of the
following prohibitions and requirements:
(1) (A) Except as provided in subparagraphs (B) and (C), the
business shall be conducted only in the buildings designated in the
license.
(B) A person licensed pursuant to subdivision (a) may take
possession of firearms and commence preparation of registers for the
sale, delivery, or transfer of firearms at gun shows or events, as
defined in Section 178.100 of Title 27 of the Code of Federal
Regulations, or its successor, if the gun show or event is not
conducted from any motorized or towed vehicle. A person conducting
business pursuant to this subparagraph shall be entitled to conduct
business as authorized herein at any gun show or event in the state
without regard to the jurisdiction within this state that issued the
license pursuant to subdivision (a), provided the person complies
with (i) all applicable laws, including, but not limited to, the
waiting period specified in subparagraph (A) of paragraph (3), and
(ii) all applicable local laws, regulations, and fees, if any.
A person conducting business pursuant to this subparagraph shall
publicly display his or her license issued pursuant to subdivision
(a), or a facsimile thereof, at any gun show or event, as specified
in this subparagraph.
(C) A person licensed pursuant to subdivision (a) may engage in
the sale and transfer of firearms other than pistols, revolvers, or
other firearms capable of being concealed upon the person, at events
specified in subdivision (g) of Section 12078, subject to the
prohibitions and restrictions contained in that subdivision.
A person licensed pursuant to subdivision (a) also may accept
delivery of firearms other than pistols, revolvers, or other firearms
capable of being concealed upon the person, outside the building
designated in the license, provided the firearm is being donated for
the purpose of sale or transfer at an auction or similar event
specified in subdivision (g) of Section 12078.
(D) The firearm may be delivered to the purchaser, transferee, or
person being loaned the firearm at one of the following places:
(i) The building designated in the license.
(ii) The places specified in subparagraph (B) or (C).
(iii) The place of residence of, the fixed place of business of,
or on private property owned or lawfully possessed by, the purchaser,
transferee, or person being loaned the firearm.
(2) The license or a copy thereof, certified by the issuing
authority, shall be displayed on the premises where it can easily be
seen.
(3) No firearm shall be delivered:
(A) Within 10 days of the application to purchase, or, after
notice by the department pursuant to subdivision (d) of Section
12076, within 10 days of the submission to the department of any
correction to the application, or within 10 days of the submission to
the department of any fee required pursuant to subdivision (e) of
Section 12076, whichever is later.
(B) Unless unloaded and securely wrapped or unloaded and in a
locked container.
(C) Unless the purchaser, transferee, or person being loaned the
firearm presents clear evidence of his or her identity and age to the
dealer.
(D) Whenever the dealer is notified by the Department of Justice
that the person is in a prohibited class described in Section 12021
or 12021.1 of this code or Section 8100 or 8103 of the Welfare and
Institutions Code.
(4) No pistol, revolver, or other firearm or imitation thereof
capable of being concealed upon the person, or placard advertising
the sale or other transfer thereof, shall be displayed in any part of
the premises where it can readily be seen from the outside.
(5) The licensee shall agree to and shall act properly and
promptly in processing firearms transactions pursuant to Section
12082.
(6) The licensee shall comply with Sections 12073, 12076, and
12077, subdivisions (a) and (b) of Section 12072, and subdivision (a)
of Section 12316.
(7) The licensee shall post conspicuously within the licensed
premises the following warnings in block letters not less than one
inch in height:
(A) "IF YOU LEAVE A LOADED FIREARM WHERE A CHILD OBTAINS AND
IMPROPERLY USES IT, YOU MAY BE FINED OR SENT TO PRISON."
(B) "IF YOU KEEP A LOADED FIREARM, OR A PISTOL, REVOLVER, OR OTHER
FIREARM CAPABLE OF BEING CONCEALED UPON THE PERSON, WITHIN ANY
PREMISES UNDER YOUR CUSTODY OR CONTROL, AND A PERSON UNDER 16 YEARS
OF AGE GAINS ACCESS TO THE FIREARM, 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."
(C) "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."
(D) "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) Commencing April 1, 1994, no pistol, revolver, or other
firearm capable of being concealed upon the person shall be delivered
unless the purchaser, transferee, or person being loaned the firearm
presents to the dealer a basic firearms safety certificate.
(9) Commencing July 1, 1992, the licensee shall offer to provide
the purchaser or transferee of a firearm, or person being loaned a
firearm, with a copy of the pamphlet described in Section 12080 and
may add the cost of the pamphlet, if any, to the sales price of the
firearm.
(10) The licensee shall not commit an act of collusion as defined
in Section 12072.
(11) The licensee shall post conspicuously within the licensed
premises a detailed list of each of the following:
(A) All charges required by governmental agencies for processing
firearm transfers required by Sections 12076, 12082, and 12806.
(B) All fees that the licensee charges pursuant to Sections 12082
and 12806.
(12) The licensee shall not misstate the amount of fees charged by
a governmental agency pursuant to Sections 12076, 12082, and 12806.
(13) The licensee shall report the loss or theft of any firearm
that is merchandise of the licensee, any firearm that the licensee
takes possession of pursuant to Section 12082, or any firearm kept at
the licensee's place of business within 48 hours of discovery to the
appropriate law enforcement agency in the city, county, or city and
county where the licensee's business premises are located.
(14) In a city and county, or in the unincorporated area of a
county with a population of 200,000 persons or more according to the
most recent federal decennial census or within a city with a
population of 50,000 persons or more according to the most recent
federal decennial census, any time the licensee is not open for
business, the licensee shall store all firearms kept in his or her
licensed place of business using one of the following methods as to
each particular firearm:
(A) Store the firearm in a secure facility that is a part of, or
that constitutes, the licensee's business premises.
(B) Secure the firearm with a hardened steel rod or cable of at
least one-eighth inch in diameter through the trigger guard of the
firearm. The steel rod or cable shall be secured with a hardened
steel lock that has a shackle. The lock and shackle shall be
protected or shielded from the use of a bolt cutter and the rod or
cable shall be anchored in a manner that prevents the removal of the
firearm from the premises.
(C) Store the firearm in a locked fireproof safe or vault in the
licensee's business premises.
(15) The licensing authority in an unincorporated area of a county
with a population less than 200,000 persons according to the most
recent federal decennial census or within a city with a population of
less than 50,000 persons according to the most recent federal
decennial census may impose the requirements specified in paragraph
(14).
(16) Commencing January 1, 1994, the licensee shall, upon the
issuance or renewal of a license, submit a copy of the same to the
Department of Justice.
(17) The licensee shall maintain and make available for inspection
during business hours to any peace officer, authorized local law
enforcement employee, or Department of Justice employee designated by
the Attorney General, upon the presentation of proper
identification, a firearms transaction record.
(18) (A) On the date of receipt, the 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 pistol, revolver,
or other firearm capable of being concealed upon the person.
(B) The provisions of this paragraph shall not apply to any of the
following transactions:
(i) A transaction subject to the provisions of subdivision (n) of
Section 12078.
(ii) The dealer acquired the firearm from a wholesaler.
(iii) The dealer 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.
(iv) 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 thereto.
(v) 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 thereto.
(19) The licensee shall forward in a format prescribed by the
Department of Justice, information as required by the department on
any firearm that is not delivered within the time period set forth in
Section 178.102 (c) of Title 27 of the Code of Federal Regulations.
(c) (1) As used in this article, "clear evidence of his or her
identity and age" means either of the following:
(A) A valid California driver's license.
(B) A valid California identification card issued by the
Department of Motor Vehicles.
(2) As used in this article, a "basic firearms safety certificate"
means a basic firearms certificate issued to the purchaser,
transferee, or person being loaned the firearm by the Department of
Justice pursuant to Article 8 (commencing with Section 12800) of
Chapter 6.
(3) As used in this section, a "secure facility" means a building
that meets all of the following specifications:
(A) All perimeter doorways shall meet one of the following:
(i) A windowless steel security door equipped with both a dead
bolt and a doorknob lock.
(ii) A windowed metal door that is equipped with both a dead bolt
and a doorknob lock. If the window has an opening of five inches or
more measured in any direction, the window shall be 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.
(iii) A metal grate that is padlocked and affixed to the licensee'
s premises independent of the door and doorframe.
(B) All windows are covered with steel bars.
(C) Heating, ventilating, air-conditioning, and service openings
are secured with steel bars, metal grating, or an alarm system.
(D) Any metal grates have spaces no larger than six inches wide
measured in any direction.
(E) Any metal screens have spaces no larger than three inches wide
measured in any direction.
(F) All steel bars shall be no further than six inches apart.
(4) As used in this section, "licensed premises," "licensed place
of business," "licensee's place of business," or "licensee's business
premises" means the building designated in the license.
(5) For purposes of paragraph (17) of subdivision (b):
(A) A "firearms transaction record" is a record containing the
same information referred to in subdivision (a) of Section 178.124,
Section 178.124a, and subdivision (e) of Section 178.125 of Title 27
of the Code of Federal Regulations.
(B) A licensee shall be in compliance with the provisions of
paragraph (17) of subdivision (b) if he or she maintains and makes
available for inspection during business hours to any peace officer,
authorized local law enforcement employee, or Department of Justice
employee designated by the Attorney General, upon the presentation of
proper identification, the bound book containing the same
information referred to in Section 178.124a and subdivision (e) of
Section 178.125 of Title 27 of the Code of Federal Regulations and
the records referred to in subdivision (a) of Section 178.124 of
Title 27 of the Code of Federal Regulations.
(d) Upon written request from a licensee, the licensing authority
may grant an exemption from compliance with the requirements of
paragraph (14) of subdivision (b) if the licensee is unable to comply
with those requirements because of local ordinances, covenants,
lease conditions, or similar circumstances not under the control of
the licensee.
(e) Except as otherwise provided in this subdivision, the
Department of Justice shall keep a centralized list of all persons
licensed pursuant to subparagraphs (A) to (E), inclusive, of
paragraph (1) of subdivision (a). The department may remove from
this list any person who knowingly or with gross negligence violates
this article. 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. The
department shall make information about an individual dealer
available, upon request, for one of 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 178.100 of Title 27 of the Code of Federal
Regulations, or its successor, who is licensed pursuant to Section
12071.1, 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 subparagraph
(B) of paragraph (1) of subdivision (b). Information provided
pursuant to this paragraph shall be limited to information necessary
to corroborate an prospective participant's current license status.
(f) The Department of Justice may inspect dealers to ensure
compliance with this article. The department may assess an annual
fee, not to exceed eighty-five dollars ($85), to cover the reasonable
cost of maintaining the list described
in subdivision (e), including the cost of inspections.
Dealers whose place of business is in a jurisdiction that has
adopted an inspection program to ensure compliance with firearms law
shall be exempt from that portion of the department's fee that
relates to the cost of inspections. The applicant is responsible for
providing evidence to the department that the jurisdiction in which
the business is located has the inspection program.
(g) 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 subdivision
(f), a listing of exempted jurisdictions, as defined in subdivision
(f), the number of dealers removed from the centralized list defined
in subdivision (e), and the number of dealers found to have violated
this article with knowledge or gross negligence.
(h) Paragraph (14) or (15) of subdivision (b) shall not apply to a
licensee organized as a nonprofit public benefit or mutual benefit
corporation organized pursuant to Part 2 (commencing with Section
5110) or Part 3 (commencing with Section 7110) of Division 2 of the
Corporations Code, if both of the following conditions are satisfied:
(1) The nonprofit public benefit or mutual benefit corporation
obtained the dealer's license solely and exclusively to assist that
corporation or local chapters of that corporation in conducting
auctions or similar events at which firearms are auctioned off to
fund the activities of that corporation or the local chapters of the
corporation.
(2) The firearms are not pistols, revolvers, or other firearms
capable of being concealed upon the person.
SEC. 3. Section 12071.1 of the Penal Code is amended to read:
12071.1. (a) No person shall produce, promote, sponsor, operate,
or otherwise organize a gun show or event, as specified in
subparagraph (B) of paragraph (1) of subdivision (b) of Section
12071, unless that person possesses a valid gun show promoter license
issued by the Department of Justice. A gun show promoter license
shall be issued by the department to an applicant unless the
department's records indicate that the applicant is a person
prohibited from possessing firearms. Gun show promoter licenses shall
be valid for two years from the date of issuance.
(b) The Department of Justice shall adopt regulations to
administer the gun show promoter licensing program under this section
and shall recover the full costs of administering the program by
fees assessed applicants who apply for gun show promoter licenses or
renewals thereof. As part of this program, the department shall
formulate and provide special training for officers on the applicable
federal, state, and local laws impacting firearm sales at gun shows
or events.
(c) A knowing failure by a gun show promoter to comply with any
of the requirements of this section , except for the required
documentation requirements, shall be a misdemeanor punishable
by a fine not to exceed two thousand dollars ($2,000), and shall
render the promoter ineligible for a gun show promoter license for
two years from the date of the violation. The failure of a gun
show promoter to provide any documentation required by this section
in a timely manner shall be a misdemeanor punishable by a fine of one
thousand dollars ($1,000) for the first offense and two thousand
dollars ($2,000) for the second or subsequent offense, and with
respect to the second or subsequent offense, shall render the
promoter ineligible for a gun show promoter license for two years
from the date of the violation. A violation of this section by
a vendor , except for the required documentation requirements,
shall be a misdemeanor, punishable by a fine not to exceed two
thousand dollars ($2,000). The failure of a vendor to provide
any documentation required by this section in a timely manner shall
be a misdemeanor punishable by a fine of one thousand dollars
($1,000) for the first offense and two thousand dollars ($2,000) for
the second or subsequent offense.
(d) (1) Not later than 30 days before commencement of the gun show
or event, the promoter shall notify the local law enforcement
agency, the Department of Justice, and the Bureau of Alcohol,
Tobacco, and Firearms of the gun show or event, including the date,
time, duration, and location of the gun show or event.
(2)
(d) (1) (A) No later than 15 days prior to the commencement of a
gun show or event, the producer or promoter thereof shall, upon
request, make available within 72 hours, or a later specified time,
to the local law enforcement agency a complete and accurate list of
all persons, entities, and organizations that have leased or rented,
or are known to the producer to intend to lease or rent, any table,
display space, or area at the gun show or event for the purpose of
selling, leasing, or transferring firearms.
(B) The producer shall thereafter, upon request, for every day the
gun show or event operates, make available within 24 hours, or a
later specified time, to the local law enforcement agency, an
accurate, complete, and current list of the persons, entities, and
organizations that have leased or rented, or are known to the
producer to intend to lease or rent, any table, display space, or
area at the gun show or event for the purpose of selling, leasing, or
transferring firearms.
(C) This subdivision applies to persons, entities, and
organizations whether or not they participate in the entire gun show
or event, or only a portion thereof.
(D) The information that may be requested by the local law
enforcement agency, and that shall be provided by the promoter upon
request, may include, but is not limited to, the following: driver's
license or identification card number, federal firearms license,
certificate of eligibility, state sellers permit, local firearm
dealer permit, and business license. In addition, a photo
identification shall be required for each employee of a vendor, and
each employee shall be required to display an official vendor badge.
Any additional information required by the law enforcement agency
shall be provided by the vendor up to and including the day of the
gun show or event.
(2) When a promoter applies to the Department of Justice for a gun
show promoter license, the promoter shall provide with the
application, a list of the gun shows or events that the promoter
plans to promote, produce, sponsor, operate or otherwise organize
during the year for which the license will be issued, including the
date, time, and location of the gun shows or events. The promoter
shall also notify the Bureau of Alcohol, Tobacco, and Firearms. If,
during that year the information changes, or additional gun shows or
events will be promoted, produced, sponsored, operated or otherwise
organized by the promoter, the promoter shall notify the Department
of Justice no later than 30 days prior to the gun show or event.
(3) Not later than 15 days prior to the commencement of the
gun show or event, the promoter shall submit to the department and
local law enforcement a safety plan and a list of vendors that the
promoter knows, or reasonably should know, will be renting tables,
space, or otherwise participating in the gun show or event. The gun
show promoter shall submit a written security plan to the local law
enforcement agency for its approval. If the local law enforcement
agency approves this plan, it shall provide policing services as
required under subdivision (e). The local law enforcement agency
shall prepare a reasonable estimate of the costs of providing these
services, and submit this estimate to the licensee for reimbursement
within 30 days after the conclusion of the gun show or event.
(e) The promoter shall consult with the sheriff or chief
of police local law enforcement agency having
jurisdiction over the venue site on the security plan for
approval of the plan. The sheriff or chief of police
local law enforcement agency having jurisdiction over
the venue site may require the presence of an officer of
his or her respective the agency at
each gun show or event. The promoter shall contract with the local
law enforcement agency to provide, at the promoter's expense, the
required law enforcement officers at the gun show or event. In the
event that the local law enforcement agency is unable to adequately
provide policing services at the gun show or event, an agent or
agents from the Department of Justice shall be requested by the
sheriff or chief of police local law
enforcement agency . If the Department of Justice provides an
agent or agents at the gun show or event, the promoter shall contract
with the department to provide, at the promoter's expense, the
services of the agent or agents. Approval of the security plan by
the local law enforcement agency shall not be a basis for imposing
liability upon the local law enforcement agency or local government
entity in the jurisdiction where the gun show or event takes place.
If the local law enforcement agency or the Department of
Justice does not provide event security, the approval of the security
plan by the local law enforcement agency shall be sufficient to
allow the gun show or event to proceed.
(f) The security plan required in subdivision (d) shall, at a
minimum, provide for the following:
(1) The plan shall specify a police officer in charge of the gun
show or event, who has received special training with respect to gun
shows or events by the Department of Justice pursuant to subdivision
(b).
(2) The plan
(f) (1) If the security plan required by subdivision (d) requires
a police officer to be in charge of security at a gun show or event,
that officer shall have received sufficient training with respect to
applicable gun laws from the Department of Justice.
(2) The security plan required in subdivision (d) shall
provide a complete and accurate list of all persons, entities, and
organizations that have leased or rented, or are known to the
producer to intend to lease or rent, any table, display space, or
area at the gun show or event for the purpose of selling, leasing, or
transferring firearms.
The
(3) The producer shall thereafter, upon request, for every
day the gun show or event operates, make available to the local law
enforcement agency, an accurate, complete, and current list of the
persons, entities, and organizations that have leased or rented, or
are known to the producer to intend to lease or rent, any table,
display space, or area at the gun show or event for the purpose of
selling, leasing, or transferring firearms.
(g) The licensee shall be responsible for informing prospective
gun show vendors of the requirements of this chapter, and shall
ensure that all vendors and their employees have obtained a dealer's
license or any other permit, license, or certificate required by
federal, state, or local law. If a vendor fails to cooperate with a
promoter or fails to comply with these requirements, that vendor
shall not be allowed to participate in that show or event. If the
promoter fails to provide information required by this subdivision,
or fails to ensure that all of the vendors possess all required
permits, licenses, or certificates, the gun show or event shall be
closed down by local law enforcement until these requirements are
met.
(h) It is the intent of the Legislature that the gun show promoter
licensing program established pursuant to this section be
incorporated into the certificate of eligibility program established
pursuant to Section 12071 to the maximum extent practicable.
(i) No minor shall attend a gun show or event unless accompanied
by a parent or legal guardian.
(j) No person other than a sworn peace officer or honorably
retired peace officer shall be permitted to carry a concealed weapon
at a gun show or event.
SEC. 4. 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.
With regard to any other state-mandated local programs, no
reimbursement is required by this act pursuant to Section 6 of
Article XIIIB of the California Constitution because a local agency
or school district has the authority to levy service charges, fees,
or assessments sufficient to pay for the program or level of service
mandated by this act, within the meaning of Section 17556 of the
Government Code.