Amended  IN  Assembly  April 28, 2022
Amended  IN  Assembly  April 20, 2022

CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Assembly Bill
No. 2883

Introduced by Assembly Member Ting
(Principal coauthor: Senator Becker)
(Coauthor: Assembly Member Stone)

February 18, 2022

An act to amend Section 53071 of the Government Code, and to amend Section 31640 of, and to add and repeal Chapter 3 (commencing with Section 34375) of Division 12 of Title 4 of Part 6 of, the Penal Code, relating to firearms.


LEGISLATIVE COUNSEL'S DIGEST


AB 2883, as amended, Ting. Firearms.
(1) Existing law requires a licensed firearm dealer to report sales and transfers of firearms to the Department of Justice.
This bill would, commencing on July 1, 2023, until July 1, 2028, require the department, upon request from the City of San Jose, to mail notifications, as specified, to all firearm owners of record within the City of San Jose, to inform them of any city code or ordinance imposing any new requirement upon firearm owners within the City of San Jose. The bill would require the City of San Jose to pay the cost to the department of the processing and mailing of the notifications.
This bill would state that the mailing of notices by the department does not constitute an endorsement of the code or ordinance or the legality thereof.
The bill would request the California Firearm Violence Research Center at UC Davis to conduct a study analyzing the impact of the notification letters on compliance with the local code or ordinance, and to prepare and submit a report to the Legislature, as specified.

(2)Existing law expresses the intention of the Legislature to occupy the whole field of regulation of the registration or licensing of commercially manufactured firearms, and expressly preempts any local regulation of this type.

This bill would clarify that a local code or ordinance requiring a firearm owner to purchase or maintain any policy of liability insurance shall not be deemed to be a license, registration, or permit to purchase or possess a firearm and is not preempted or prohibited by state law.

(3)

(2) Existing law requires any person who purchases or receives a firearm, as specified, to possess a firearm safety certificate. Existing law requires the Department of Justice to develop a written test required for the issuance of a firearm safety certificate. Existing law requires the department to post specified information for certificate applicants on their internet website and to regularly update that information to reflect current laws and regulations.
This bill would require the department to update the information on the internet website no less frequently than once annually.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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


SECTION 1.Section 53071 of the Government Code is amended to read:
53071.

(a)It is the intention of the Legislature to occupy the whole field of regulation of the registration or licensing of commercially manufactured firearms as encompassed by the provisions of the Penal Code, and such provisions shall be exclusive of all local regulations, relating to registration or licensing of commercially manufactured firearms, by any political subdivision as defined in Section 1721 of the Labor Code.

(b)Notwithstanding subdivision (a) or Section 25605 of the Penal Code, a local code or ordinance requiring a firearm owner to purchase or maintain any policy of liability insurance shall not be deemed to be a license, registration, or permit to purchase or possess a firearm and is not preempted or prohibited by state law.

SEC. 2.SECTION 1.

 Section 31640 of the Penal Code is amended to read:

31640.
 (a) The department shall develop a written objective test, in English and in Spanish, and prescribe its content, form, and manner, to be administered by an instructor certified by the department.
(b) If the person taking the test is unable to read, the test shall be administered orally. If the person taking the test is unable to read English or Spanish, the test may be administered orally by a translator.
(c) The test shall cover, but not be limited to, all of the following:
(1) The laws applicable to carrying and handling firearms, particularly handguns.
(2) The responsibilities of ownership of firearms, particularly handguns.
(3) Current law as it relates to the private sale and transfer of firearms.
(4) Current law as it relates to the permissible use of lethal force.
(5) What constitutes safe firearm storage.
(6) Issues associated with bringing a firearm into the home, including suicide.
(7) Prevention strategies to address issues associated with bringing firearms into the home.
(d) Commencing January 1, 2019, the test shall require the applicant to be provided with, and acknowledge receipt of, the following warning information:
(1) “Firearms must be handled responsibly and securely stored to prevent access by children and other unauthorized users. California has strict laws pertaining to firearms and you can be fined or imprisoned if you fail to comply with them. Visit the website of the California Attorney General at https://oag.ca.gov/firearms for information on firearm laws applicable to you and how you can comply.”
(2) “If you decide to sell or give your firearm to someone, you must generally complete a ‘Dealer Record of Sale (DROS)’ form and conduct the transfer through a licensed firearms dealer. Remember, it is generally a crime to transfer a firearm without first filling out this form. If the police recover a firearm that was involved in a crime, the firearm’s previous owner may be prosecuted if the previous owner did not fill out the DROS form. Please make sure you go to a licensed firearms dealer and fill out that form if you want to sell or give away your firearm.”
(3) “If you or someone you know is contemplating suicide, please call the national suicide prevention lifeline at 1-800-273-TALK (8255).”
(e) (1) The department shall update test materials related to this article at least once every five years.
(2) The department shall, no less frequently than once annually, update the internet website referenced in subdivision (d) to reflect current laws and regulations.
(f) A dealer licensed pursuant to Sections 26700 to 26915, inclusive, or an employee, or a managing officer or partner certified as an instructor pursuant to this article, shall designate a separate room or partitioned area for a person to take the objective test, and maintain adequate supervision to ensure that no acts of collusion occur while the objective test is being administered.
(g) This section shall become operative on June 1, 2020.

SEC. 3.SEC. 2.

 Chapter 3 (commencing with Section 34375) is added to Division 12 of Title 4 of Part 6 of the Penal Code, to read:
CHAPTER  3. Notifications to Firearm Owners Pilot Program

34375.
 (a) Commencing on July 1, 2023, upon the request of the City of San Jose, after enacting any code or ordinance imposing any requirement on the owners of firearms within the City of San Jose, the department shall mail a notification to each firearm owner of record within that jurisdiction to inform the owner of the new code or ordinance, any new requirements imposed upon the firearm owner, and any other information that may be helpful to the firearm owner in complying with the code or ordinance.
(b) After mailing the notifications described in subdivision (a), the department shall once annually, until July 1, 2028, mail the notification described in subdivision (a) to each firearm owner in the City of San Jose, including any person residing in the City of San Jose who has purchased a firearm in the preceding year and any firearm owner who has moved into the City of San Jose in the preceding year.
(c) The content of the notification shall be provided by the City of San Jose, and is subject to editing and approval by the department; however, approval of the content by the department shall not be deemed to be an endorsement of the code or ordinance by the department or an averment of the legality of the code or ordinance.
(d) The City of San Jose shall be liable to the department for any costs incurred by the department for the processing and mailing of notifications to firearm owners.
(e) The City of San Jose may, to reduce program costs, request the department to suspend notifications or to limit notifications sent during any year to only persons who have purchased a firearm within the preceding year or firearm owners who have moved into the City of San Jose during the preceding year.
(f) The department shall not provide any personally identifying information to the City of San Jose regarding any firearm owner notified pursuant to this section.

34376.
 (a) The Legislature requests that the Regents of the University of California authorize the California Firearm Violence Research Center at UC Davis to conduct an evaluation of the pilot program described in this chapter, analyzing the impact of mailing notification letters to firearm owners on compliance with a local code or ordinance. The Department of Justice, pursuant to Section 14231, shall provide the California Firearm Violence Research Center at UC Davis with the data necessary to conduct this evaluation.
(b) The Legislature requests that, if the evaluation described in subdivision (a) is conducted, the California Firearm Violence Research Center at UC Davis prepare and submit a report to the Legislature by no later than January 1, 2029, detailing the findings of the evaluation and making any relevant policy recommendations to the Legislature.
(c) The report described in subdivision (b) shall be submitted in compliance with Section 9795 of the Government Code.

34377.
 This chapter shall remain in effect only until January 1, 2030, and as of that date is repealed.