Amended  IN  Assembly  May 20, 2019
Amended  IN  Assembly  April 03, 2019

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill No. 1669

Introduced by Assembly Member Bonta

February 22, 2019

An act to amend Sections 27205, 27210, 27220, 27225, 27235, 27240, 27305, 27310, 27315, 27320, 27340, 27345, 28225, and 28230 of the Penal Code, relating to firearms.


LEGISLATIVE COUNSEL'S DIGEST


AB 1669, as amended, Bonta. Firearms: gun shows and events.
Existing law prescribes certain rules and requirements relating to gun shows and events, and the organizers, vendors, and participants, including required signage, notice to the Department of Justice, rules governing transactions, and rules regarding firearms brought to the event. A violation of any of these provisions is a crime.
The existing Safety For All Act of 2016, approved as an initiative statute at the November 8, 2016, statewide general election, requires the sale of ammunition to be conducted by or processed through a licensed ammunition vendor. The Safety For All Act of 2016 authorizes, as specified, the sale of ammunition by a licensed vendor at gun shows and events.
This bill would amend those provisions of law prescribing the rules and regulations for gun shows and events to be consistent with the sale of ammunition at gun shows and events as authorized by the Safety For All Act of 2016.
By updating the provisions relating to guns shows and events, any violation of which is a crime, this bill would expand the applicability of an existing crime, thus creating a state-mandated local program.
Existing law authorizes the Department of Justice to charge a fee, as specified, to fund several enforcement and administrative programs relating to firearms. Existing law authorizes the department to charge a fee to cover the regulatory cost of processing firearms transactions, as specified.
This bill would increase the amount of those fees, expand the authorization to spend the proceeds from the fees, and authorize the department to adjust the amount of the fees annually, as specified. fees.
This bill would include a change in state statute that would result in a taxpayer paying a higher tax within the meaning of Section 3 of Article XIII A of the California Constitution, and thus would require for passage the approval of 2/3 of the membership of each house of the Legislature.
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.
Vote: 2/3   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

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


SECTION 1.

 Section 27205 of the Penal Code is amended to read:

27205.
 (a) Before commencement of a gun show or event, the producer thereof shall, upon written request from a law enforcement agency with jurisdiction over the facility, make available to that agency, within 48 hours or a later time specified by the 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, or processing the sale or transfer of ammunition.
(b) The producer shall thereafter, upon written request, for every day the gun show or event operates, within 24 hours or a later time specified by the requesting law enforcement agency, make available to that 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, or processing the sale or transfer of ammunition.
(c) Subdivisions (a) and (b) apply to any person, entity, or organization, regardless of whether that person, entity, or organization participates in the entire gun show or event, or only a portion thereof.
(d) 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, includes, but is not limited to, the following information relative to a vendor who offers for sale any firearms manufactured after December 31, 1898, or any ammunition:
(1) The vendor’s complete name.
(2) A driver’s license or identification card number.

SEC. 2.

 Section 27210 of the Penal Code is amended to read:

27210.
 (a) The producer and facility’s manager of a gun show or event shall prepare an annual event and security plan and schedule that shall include, at a minimum, the following information for each show or event:
(1) The type of show or event, including, but not limited to, antique or general firearms and ammunition.
(2) The estimated number of vendors offering firearms or ammunition 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 show or event.
(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 facility’s 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.
(b) 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.
(c) If significant changes have been made since the annual plan was submitted, the producer shall, not later than 15 days before commencement of the gun show or event, 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, 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.
(d) The event and security plan shall be approved by the facility’s manager before the event or show, after consultation with the law enforcement agency with jurisdiction over the facility.
(e) A gun show or event shall not commence unless the requirements of subdivisions (b), (c), and (d) are met.

SEC. 3.

 Section 27220 of the Penal Code is amended to read:

27220.
 (a) Within seven calendar days of the commencement of a gun show or event, but not later than noon on Friday for a show or event held on a weekend, the producer shall submit a list of all prospective vendors and designated firearms transfer agents who are licensed firearms dealers or ammunition vendors 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 or ammunition vendors at the show or event.
(b) The department shall examine its records and if it determines that a dealer’s or vendor’s license is not valid, it shall notify the show or event producer of that fact before the show or event commences.

SEC. 4.

 Section 27225 of the Penal Code is amended to read:

27225.
 If a licensed firearms dealer or ammunition vendor fails to cooperate with a producer of a gun show or event, or fails to comply with the applicable requirements of this article or Article 2 (commencing with Section 27300), that person shall not be allowed to participate in that show or event.

SEC. 5.

 Section 27235 of the Penal Code is amended to read:

27235.
 Every producer of a gun show or event shall have a written contract with each gun show vendor selling firearms or ammunition at the show or event.

SEC. 6.

 Section 27240 of the Penal Code is amended to read:

27240.
 (a) The producer of a gun show or event 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, ammunition, and weapons laws, without exception.
(2) Any firearm carried onto the premises by any member of the public will be checked, cleared of any ammunition, and secured in a manner that prevents it from being operated, and an identification tag or sticker will be attached to the firearm before the person is 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 of ammunition at this facility shall 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.
(6) All ammunition transfers between private parties at the show shall be conducted through a licensed dealer or ammunition vendor in accordance with applicable state and federal laws.
(b) 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 or ammunition on the parking lot of this facility is a crime.”

SEC. 7.

 Section 27305 of the Penal Code is amended to read:

27305.
 All gun show or event vendors shall certify in writing to the producer that they:
(a) Will not display, possess, or offer for sale any firearms, ammunition, knives, or weapons for which possession or sale is prohibited.
(b) 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 or ammunition.
(c) Will not engage in activities that incite or encourage hate crimes.
(d) Will process all transfers of firearms through licensed firearms dealers as required by state law.
(e) Will process all sales or transfers of ammunition through licensed firearms dealers or ammunition vendors as required by state law.
(f) 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.
(g) Have complied with the requirements of Section 27320.
(h) Will not display or possess black powder, or offer it for sale.

SEC. 8.

 Section 27310 of the Penal Code is amended to read:

27310.
 All firearms and ammunition transfers or sales at a gun show or event shall be in accordance with applicable state and federal laws.

SEC. 9.

 Section 27315 of the Penal Code is amended to read:

27315.
 Sales of ammunition at a gun show or event shall comply with all applicable laws, including Sections 30347, 30348, 30350, 30352, and 30360.

SEC. 10.

 Section 27320 of the Penal Code is amended to read:

27320.
 (a) Before commencement of a gun show or event, each vendor who will offer for sale any firearms manufactured after December 31, 1898, or any ammunition, 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:
(1) The person’s complete name.
(2) The person’s driver’s license or state-issued identification card number.
(3) The person’s date of birth.
(4) The person’s certificate of eligibility number pursuant to Section 26915 or 30347 of the Penal Code.
(b) The producer shall keep the information at the onsite headquarters of the show or event 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. The producer shall make the information available upon request to any sworn peace officer for purposes of the officer’s official law enforcement duties.

SEC. 11.

 Section 27340 of the Penal Code is amended to read:

27340.
 (a) Persons other than show or event security personnel, sworn peace officers, or vendors, who bring any firearm or any ammunition that is separate from a firearm 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 (b) and (c).
(b) 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.
(c) Any ammunition carried onto the premises of a gun show or event by members of the public shall be checked and secured in a manner that prevents the ammunition from being discharged. An identification tag or sticker shall be attached to the ammunition prior to the person being allowed admittance to the show. The identification tag or sticker shall state that all ammunition transfers between private parties at the show or event shall be conducted through a licensed dealer or ammunition vendor in accordance with applicable state and federal laws. The person possessing the ammunition shall complete the following information on the tag before it is attached to the ammunition:
(1) The ammunition owner’s signature.
(2) The ammunition owner’s printed name.
(3) The identification number from the ammunition owner’s government-issued photo identification.

SEC. 12.

 Section 27345 of the Penal Code is amended to read:

27345.
 Any person who possesses a firearm or ammunition at a gun show or event shall have government-issued photo identification in immediate possession, and shall display it upon request to any security officer or peace officer.

SEC. 13.

 Section 28225 of the Penal Code is amended to read:

28225.
 (a) The Department of Justice may require the dealer to charge each firearm purchaser a fee not to exceed thirty-two dollars and nineteen cents ($32.19) ($32.19), except that the fee may be increased at a rate not to exceed any increase in the California Consumer Price Index as compiled and reported by the Department of Industrial Relations, and submit the fee to the Department of Justice for deposit in the Dealers’ Record of Sale Special Account (DROS).
(b) The fee established pursuant to subdivision (a) shall fund the following:
(1) The department for the cost of furnishing this information.
(2) The department for the cost of meeting its obligations under paragraph (2) of subdivision (b) of Section 8100 of the Welfare and Institutions Code.
(3) Local mental health facilities for state-mandated local costs resulting from the reporting requirements imposed by Section 8103 of the Welfare and Institutions Code.
(4) The State Department of State Hospitals for the costs resulting from the requirements imposed by Section 8104 of the Welfare and Institutions Code.
(5) Local mental hospitals, sanitariums, and institutions for state-mandated local costs resulting from the reporting requirements imposed by Section 8105 of the Welfare and Institutions Code.
(6) Local law enforcement agencies for state-mandated local costs resulting from the notification requirements set forth in subdivision (a) of Section 6385 of the Family Code.
(7) Local law enforcement agencies for state-mandated local costs resulting from the notification requirements set forth in subdivision (c) of Section 8105 of the Welfare and Institutions Code.
(8) For the actual costs associated with the electronic or telephonic transfer of information pursuant to Section 28215.
(9) The Department of Food and Agriculture for the costs resulting from the notification provisions set forth in Section 5343.5 of the Food and Agricultural Code.
(10) The department for the costs associated with subdivisions (d) and (e) of Section 27560.
(11) The department for the costs associated with funding Department of Justice firearms-related regulatory and enforcement activities related to the sale, purchase, possession, loan, or transfer of firearms pursuant to any provision listed in Section 16580.

(12)The cost of any other activity not listed in this subdivision that is funded by DROS, or any other firearms-related activity required of the department for which no sustainable funding source is provided.

(c) The fee established pursuant to subdivision (a) shall fund the actual processing costs of the department, the estimated reasonable costs of the local mental health facilities for complying with the reporting requirements imposed by paragraph (3) of subdivision (b), the costs of the State Department of State Hospitals for complying with the requirements imposed by paragraph (4) of subdivision (b), the estimated reasonable costs of local mental hospitals, sanitariums, and institutions for complying with the reporting requirements imposed by paragraph (5) of subdivision (b), the estimated reasonable costs of local law enforcement agencies for complying with the notification requirements set forth in subdivision (a) of Section 6385 of the Family Code, the estimated reasonable costs of local law enforcement agencies for complying with the notification requirements set forth in subdivision (c) of Section 8105 of the Welfare and Institutions Code imposed by paragraph (7) of subdivision (b), the estimated reasonable costs of the Department of Food and Agriculture for the costs resulting from the notification provisions set forth in Section 5343.5 of the Food and Agricultural Code, the estimated reasonable costs of the department for the costs associated with subdivisions (d) and (e) of Section 27560, the estimated reasonable costs of department firearms-related regulatory and enforcement activities related to the sale, purchase, possession, loan, or transfer of firearms pursuant to any provision listed in Section 16580, and any other costs described in paragraph (12) of subdivision (b). 16580.
(d) Where the electronic or telephonic transfer of applicant information is used, the department shall establish a system to be used for the submission of the fees described in this section to the department.

(e)The amount of the fee established pursuant to subdivision (a) may be increased or decreased by the department to ensure adequate funding of DROS to fund those programs paid for by moneys in the account.

(1)The fee established pursuant to subdivision (a) may be increased at a rate not to exceed any increase in the California Consumer Price Index as compiled and reported by the Department of Industrial Relations, except that the amount of the fee may be increased to provide necessary funding for increased programmatic responsibilities to be funded from DROS, or other firearms-related activities for which no sustainable funding source is provided.

(2)Any increase in the amount of the fee established pursuant to subdivision (a) shall not exceed the amount reasonably necessary to fund the costs described in subdivisions (b) and (c).

(3)Commencing on July 1, 2020, and on July 1 annually thereafter, the department shall review its DROS revenues and expenses funded by DROS during the prior fiscal year. Based on that review, the department shall determine if it is necessary to adjust the amount of the fee established pursuant to subdivision (a) during the current fiscal year to cover all estimated costs of the programs funded by DROS, without overfunding the account.

(4)Commencing on January 10, 2021, and on or before January 10 annually thereafter, the department shall publish on its public internet website notice of whether or not any adjustment to the fee pursuant to paragraph (3) will be made.

(5)If an adjustment to the amount of the fee is required, the department shall, no less than 30 days before the adjustment takes effect, provide notice of the amount and effective date of the adjusted fee, by doing all of the following:

(A)Notifying each person who has filed a request for notice of adjustment pursuant to paragraph (6) in the manner requested.

(B)Notifying each dealer listed on the centralized list of firearms dealers described in Section 26715.

(C)Clearly posting the information on the department’s public internet website.

(D)Notifying, in writing, the Director of Finance, the chairpersons of the committees in each house of the Legislature that consider public safety policy, the chairpersons of the committees in each house of the Legislature that consider appropriations, and the chairpersons of the committees and appropriate subcommittees that consider the State Budget.

(6)A person may file a request with the department to be notified by either United States mail, electronic mail, or text message of any adjustment to the amount of the fee established pursuant to subdivision (a).

(7)The adjustment of the amount of the fee described in subdivision (a) pursuant to this section is not subject to the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code).

SEC. 14.

 Section 28230 of the Penal Code is amended to read:

28230.
 (a) The Department of Justice shall charge a fee of thirty-two dollars and nineteen cents ($32.19) (32.19), except that the fee may be increased at a rate not to exceed any increase in the California Consumer Price Index as compiled and reported by the Department of Industrial Relations, to reimburse it for each of the following:
(1) For the actual costs associated with the preparation, sale, processing, and filing of forms or reports required or utilized pursuant to any provision listed in subdivision (a) of Section 16585.
(2) For the actual processing costs associated with the submission of a Dealers’ Record of Sale to the department.
(3) For the actual costs associated with the preparation, sale, processing, and filing of reports utilized pursuant to Section 26905, 27565, 27875, 27966, or 28000, paragraph (1) of subdivision (a) of Section 27560, or paragraphs (1) and (2) of subdivision (a) of, and subdivisions (b), (c), and (d) of, Section 27920.
(4) For the actual costs associated with the electronic or telephonic transfer of information pursuant to Section 28215.

(5)For the cost of any activities described in paragraph (12) of subdivision (b) of Section 28225.

(b) If the department charges a fee pursuant to paragraph (2) of subdivision (a), it shall be charged in the same amount to all categories of transaction that are within that paragraph.
(c) Any costs incurred by the Department of Justice to implement this section shall be reimbursed from fees collected and charged pursuant to this section. No fees shall be charged to the dealer pursuant to Section 28225 for implementing this section.

(d)The amount of the fee described in subdivision (a) may be increased at a rate not to exceed any increase in the California Consumer Price Index as compiled and reported by the Department of Industrial Relations, plus the amount reasonably necessary to fund the costs of any activities described in paragraph (12) of subdivision (b) of Section 28225.

SEC. 15.

 No reimbursement is required by this act pursuant to Section 6 of Article XIII B 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 XIII B of the California Constitution.