BILL NUMBER: AB 295 AMENDED BILL TEXT AMENDED IN SENATE AUGUST 23, 1999 AMENDED IN SENATE JULY 8, 1999 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 AssemblyMember CorbettMembers Corbett and Wright (Principal coauthor: Assembly Member Romero) (Principal coauthor: Senator Baca) (Coauthors: Assembly Members Aroner, Ducheny, Knox, Kuehl, Machado, Scott, Shelley,and SteinbergSteinberg, and Vincent ) (Coauthors: Senators Hughes, Peace, and Rainey) FEBRUARY 8, 1999 An act to amend Sections12070, 12071, and 12071.1 of171b and 12071.1 of, and to add Section 12071.4 to, the Penal Code, relating to firearms. LEGISLATIVE COUNSEL'S DIGEST AB 295, as amended, Corbett. Firearms: gun show promoters. Existing law provides, with specified exceptions, that it is an offense to bring or possess, among other things, a firearm within any state or local public building. This bill would, in addition, provide an exception for guns brought to gun shows, as specified. By changing the definition of a crime, this bill would impose a state-mandated local program. Existing law prohibits a person from promoting or otherwise organizing a gun show or event, as defined, unless that person possesses a valid certificate of eligibility. Existing law requires specified information regarding participants who will sell or transfer firearms at a gun show to be provided to local law enforcement within specified time limits. A violation of these provisions is a misdemeanor, and renders a person ineligible for a certificate of eligibility for a period of one year, as specified. This bill would define a licensed gun show promoter as a person who has obtained a certificate of eligibility, and would require a licensed gun show promoter to pay an annual fee of $85 to the Department of Justice. This bill would require additional information regarding participants who will sell or transfer firearms at a gun show to be provided to the Department of Justice and local law enforcement within other specified time limits. This bill would also provide that failure by a firearms dealer to provide specified information needed by the promoter, or failure by the promoter to supply certain information, as specified, would result in the dealer being prohibited from participating in the gun show or prohibit the gun show from commencing, respectively. Existing law generally regulates the transfer or sale of firearms at gun shows. This bill would, (1) require contracts between gun show producers and gun show vendors, (2) impose certain requirements upon vendors in connection with the sale and display of firearms and ammunition at a gun show, as specified, (3) prohibit, except for gun show vendors, peace officers and security personnel, any person at a gun show from simultaneously possessing ammunition and a firearm, (4) require the posting of specified notices in regard to enforcement of firearms sales, (5) require each vendor to provide specified information regarding persons working in the vendor's display area to be kept by the show producer, (6) require all firearms brought onto the premises to be checked and tagged, as specified, (7) provide that no minor shall be admitted to, or be permitted to remain at, a gun show or event unless the minor is accompanied by the minor's parent or legal guardian at all times while at the gun show or event, and (8) provide that a violation of these provisions shall be an infraction or misdemeanor, as specified, thereby creating a new crime and a state-mandated local program. 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.(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 no later than 72 hours later, if the request is made no later than 24 hours prior to the commencement of the gun show or event, or thereafter within 24 hours, 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. Under the bill, 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 48 hours after request, if the request is made prior to the gun show. The bill would also require licensees to submit, no later than 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 isSECTION 1. Section 171b of the Penal Code is amended to read: 171b. (a) Any person who brings or possesses within any state or local public building or at any meeting required to be open to the public pursuant to Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5 of, or Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of, the Government Code, any of the following is guilty of a public offense punishable by imprisonment in a county jail for not more than one year, or in the state prison: (1) Any firearm. (2) Any deadly weapon described in Section 653k or 12020. (3) Any knife with a blade length in excess of four inches, the blade of which is fixed or is capable of being fixed in an unguarded position by the use of one or two hands. (4) Any unauthorized tear gas weapon. (5) Any taser or stun gun, as defined in Section 244.5. (6) Any instrument that expels a metallic projectile, such as a BB or pellet, through the force of air pressure, CO2 pressure, or spring action, or any spot marker gun or paint gun. (b) Subdivision (a) shall not apply to, or affect, any of the following: (1) A person who possesses weapons in, or transports weapons into, a court of law to be used as evidence. (2) (A) A duly appointed peace officer as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2, a retired peace officer with authorization to carry concealed weapons as described in subdivision (a) of Section 12027, a full-time paid peace officer of another state or the federal government who is carrying out official duties while in California, or any person summoned by any of these officers to assist in making arrests or preserving the peace while he or she is actually engaged in assisting the officer. (B) Notwithstanding subparagraph (A), subdivision (a) shall apply to any person who brings or possesses any weapon specified therein within any courtroom if he or she is a party to an action pending before the court. (3) A person holding a valid license to carry the firearm pursuant to Article 3 (commencing with Section 12050) of Chapter 1 of Title 2 of Part 4. (4) A person who has permission to possess that weapon granted in writing by a duly authorized official who is in charge of the security of the state or local government building. (5) A person who lawfully resides in, lawfully owns, or is in lawful possession of, that building with respect to those portions of the building that are not owned or leased by the state or local government. (6) A person licensed or registered in accordance with, and acting within the course and scope of, Chapter 11.5 (commencing with Section 7512) or Chapter 11.6 (commencing with Section 7590) of Division 3 of the Business and Professions Code who has been hired by the owner or manager of the building if the person has permission pursuant to paragraph (5). (7) (A) A person who, for the purpose of sale or trade, brings any weapon that may otherwise be lawfully transferred, into a gun show conducted pursuant to Sections 12071.1 and 12071.4. (B) A person who, for purposes of an authorized public exhibition, brings any weapon that may otherwise be lawfully possessed, into a gun show conducted pursuant to Sections 12071.1 and 12071.4. (c) As used in this section, "state or local public building" means a building that meets all of the following criteria: (1) It is a building or part of a building owned or leased by the state or local government, if state or local public employees are regularly present for the purposes of performing their official duties. A state or local public building includes, but is not limited to, a building that contains a courtroom. (2) It is not a building or facility, or a part thereof, that is referred to in Section 171c, 171d, 626.9, 626.95, or 626.10 of this code, or in Section 18544 of the Elections Code. (3) It is a building not regularly used, and not intended to be used, by state or local employees as a place of residence. SEC. 2. 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 certificate of eligibility from the Department of Justice.A certificate of eligibility shall be issued by the department to an applicant unlessUnless the department's records indicate that the applicant is a person prohibited from possessing firearms , a certificate of eligibility shall be issued by the Department of Justice to an applicant provided the applicant does all of the following: (1) Certifies that he or she is familiar with the provisions of this section and Section 12071.4. (2) Ensures that liability insurance is in effect for the duration of an event or show in an amount of not less than one million dollars ($1,000,000). (3) Provides an annual list of the gun shows or events that the applicant plans to promote, produce, sponsor, operate, or otherwise organize during the year for which the certificate of eligibility is issued, including the date, time, and location of the gun shows or events . (b) If during that year the information required by paragraph (3) of subdivision (a) changes, or additional gun shows or events will be promoted, produced, sponsored, operated, or otherwise organized by the applicant, the producer shall notify the Department of Justice no later than 30 days prior to the gun show or event. (c) As used in this section, a "licensed gun show producer" means a person who has been issued a certificate of eligibility by the Department of Justice pursuant to subdivision (a). (d) The Department of Justice shall adopt regulations to administer the certificate of eligibility program under this section and shall recover the full costs of administering the program by fees assessed applicants who apply for certificates.(c) A knowing violation of this section shall be a misdemeanor and make the personA licensed gun show producer shall be assessed an annual fee of eighty-five dollars ($85) by the department. (e) (1) A willful failure by a gun show producer to comply with any of the requirements of this section, except for the posting of required signs, shall be a misdemeanor punishable by a fine not to exceed two thousand dollars ($2,000), and shall render the producer ineligible for acertificate of eligibilitygun show producer license for one year from the date of theviolation or conviction, whichever is laterconviction .(d) No later than 24 hours prior(2) The willful failure of a gun show producer to post signs as required by this section shall be a misdemeanor punishable by a fine not to exceed one thousand dollars ($1,000) for the first offense and not to exceed two thousand dollars ($2,000) for the second or subsequent offense, and with respect to the second or subsequent offense, shall render the producer ineligible for a gun show producer license for one year from the date of the conviction. (3) Multiple violations charged pursuant to paragraph (1) arising from more than one gun show or event shall be grounds for suspension of a producer's certificate of eligibility pending adjudication of the violations. (f) Prior to the commencement of a gun show or event, the produceror promoterthereof shall, upon written request,make availablewithin7248 hours, or a later time specifiedtime,by the requesting law enforcement agency, make available to thelocalrequesting law enforcement agency with jurisdiction over the facility, 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 producer shall thereafter, upon written request, for every day the gun show or event operates,make availablewithin 24 hours, or a later time specifiedtime, to the localby the requesting law enforcement agency, make available to the requesting law enforcement agency with jurisdiction over the facility, 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. 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.(e)(g) The information that may be requested by the law enforcement agency with jurisdiction over the facility, and that shall be provided by the producer upon request, may include, but is not limited to, the following information relative to a vendor who offers for sale firearms manufactured after December 31, 1898: his or her complete name, and a driver's license or identification card number. (h) The producer and facility manager shall prepare an annual event and security plan and schedule that shall include, at a minimum, the following: (1) The type of shows or events including, but not limited to, antique or general firearms. (2) The estimated number of vendors offering firearms for sale or display. (3) The estimated number of attendees. (4) The number of entrances and exits at the gun show or event site. (5) The location, dates, and times of the shows or events. (6) The contact person and telephone number for both the producer and the facility. (7) The number of sworn peace officers employed by the producer or the facilities manager who will be present at the show or event. (8) The number of nonsworn security personnel employed by the producer or the facility's manager who will be present at the show or event. (i) The annual event and security plan shall be submitted by either the producer or the facility's manager to the Department of Justice and the law enforcement agency with jurisdiction over the facility. Not later than 15 days prior to the commencement of the gun show or event, the producer shall submit to the department, the law enforcement agency with jurisdiction over the facility site, and the facility's manager a revised event and security plan if significant changes have been made since the annual plan was submitted, including a revised list of vendors that the producer knows, or reasonably should know, will be renting tables, space, or otherwise participating in the gun show or event. The event and security plan shall be approved by the facility's manager prior to the event or show after consultation with the law enforcement agency with jurisdiction over the facility. No gun show or event shall commence unless the requirements of this subdivision are met. (j) The producer shall be responsible for informing prospective gun show vendors of the requirements of this section and of Section 12071.4 that apply to vendors. (k) The producer shall, within seven calendar days of the commencement of the show or event, but not later than noon on Friday for a show or event held on a weekend, submit a list of all prospective vendors and designated firearms transfer agents who are licensed firearms dealers to the Department of Justice for the purpose of determining whether these prospective vendors and designated firearms transfer agents possess valid licenses and are thus eligible to participate as licensed dealers at the show or event. The department shall examine its records and if it determines that a dealer's license is not valid, it shall notify the show or event producer of that fact prior to the commencement of the show or event. (l) If a licensed firearms dealer fails to cooperate with a producer or fails to comply with the applicable requirements of this section or Section 12071.4, that person shall not be allowed to participate in that show or event. (m) If a producer fails to comply with subdivision (j) or (k), the gun show or event shall not commence until those requirements are met. (n) All producers shall have written contracts with all gun show vendors selling firearms at the show or event. (o) The producer shall require that signs be posted in a readily visible location at each public entrance to the show containing, but not limited to, the following notices: (1) This gun show follows all federal, state, and local firearms and weapons laws without exception. (2) All firearms carried onto the premises by members of the public will be checked, cleared of any ammunition, secured in a manner that prevents them from being operated, and an identification tag or sticker will be attached to the firearm prior to the person being allowed admittance to the show. (3) No member of the public under the age of 18 years shall be admitted to the show unless accompanied by a parent, grandparent, or legal guardian. (4) All firearms transfers between private parties at the show shall be conducted through a licensed dealer in accordance with applicable state and federal laws. (5) Persons possessing firearms on this facility must have in their immediate possession government-issued photo identification, and display it upon request to any security officer or any peace officer, as defined in Section 830. (p) The show producer shall post, in a readily visible location at each entrance to the parking lot at the show, signage that states: "The transfer of firearms on the parking lot of this facility is a crime." (q) It is the intent of the Legislature that the certificate of eligibility program established pursuant to this section be incorporated into the certificate of eligibility program established pursuant to Section 12071 to the maximum extent practicable. SEC. 3. Section 12071.4 is added to the Penal Code, to read: 12071.4. (a) This section shall be known, and may be cited as, the Gun Show Enforcement and Security Act of 2000. (b) All gun show or event vendors shall certify in writing to the producer that they: (1) Will not display, possess, or offer for sale any firearms, knives, or weapons for which possession or sale is prohibited. (2) Acknowledge that they are responsible for knowing and complying with all applicable federal, state, and local laws dealing with the possession and transfer of firearms. (3) Will not engage in activities that incite or encourage hate crimes. (4) Will process all transfers of firearms through licensed firearms dealers as required by state law. (5) Will verify that all firearms in their possession at the show or event will be unloaded, and that the firearms will be secured in a manner that prevents them from being operated except for brief periods when the mechanical condition of a firearm is being demonstrated to a prospective buyer. (6) Have complied with the requirements of subdivision (e). (7) Will not display or possess black powder, or offer it for sale. (c) All firearms transfers at the gun show or event shall be in accordance with applicable state and federal laws. (d) Except for purposes of showing ammunition to a prospective buyer, ammunition at a gun show or event may be displayed only in closed original factory boxes or other closed containers. (e) Prior to the commencement of a gun show or event, each vendor shall provide to the producer all of the following information relative to the vendor, the vendor's employees, and other persons, compensated or not, who will be working or otherwise providing services to the public at the vendor's display space if firearms manufactured after December 31, 1898, will be offered for sale: (1) His or her complete name. (2) His or her driver's license or state-issued identification card number. (3) His or her date of birth. The producer shall keep the information at the show's or event's onsite headquarters for the duration of the show or event, and at the producer's regular place of business for two weeks after the conclusion of the show or event, and shall make the information available upon request to any sworn peace officer for purposes of the officer's official law enforcement duties. (f) Vendors and employees of vendors shall wear name tags indicating first and last name. (g) No person at a gun show or event, other than security personnel or sworn peace officers, shall possess at the same time both a firearm and ammunition that is designed to be fired in the firearm. Vendors having those items at the show for sale or exhibition are exempt from this prohibition. (h) No member of the public who is under the age of 18 years shall be admitted to, or be permitted to remain at, a gun show or event unless accompanied by a parent or legal guardian. Any member of the public who is under the age of 18 shall be accompanied by his or her parent or legal guardian while at the show or event. (i) Persons other than show or event security personnel, sworn peace officers, or vendors, who bring firearms onto the gun show or event premises shall sign in ink the tag or sticker that is attached to the firearm prior to being allowed admittance to the show or event, as provided for in subdivision (j). (j) All firearms carried onto the premises of a gun show or event by members of the public shall be checked, cleared of any ammunition, secured in a manner that prevents them from being operated, and an identification tag or sticker shall be attached to the firearm, prior to the person being allowed admittance to the show. The identification tag or sticker shall state that all firearms transfers between private parties at the show or event shall be conducted through a licensed dealer in accordance with applicable state and federal laws. The person possessing the firearm shall complete the following information on the tag before it is attached to the firearm: (1) The gun owner's signature. (2) The gun owner's printed name. (3) The identification number from the gun owner's government-issued photo identification. (k) All persons possessing firearms at the gun show or event shall have in his or her immediate possession, government-issued photo identification, and display it upon request, to any security officer, or any peace officer. (l) Unless otherwise specified, a first violation of this section is an infraction. Any second or subsequent violation is a misdemeanor. Any person who commits an act which he or she knows to be a violation of this section is guilty of a misdemeanor for a first offense. 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.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._____________________________________ All matter omitted in this version of the bill appears in the bill as amended in the Senate, July 8, 1999 (JR 11) ____________________________________