Amended  IN  Assembly  June 23, 2022
Amended  IN  Senate  April 25, 2022
Amended  IN  Senate  April 07, 2022

CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Senate Bill
No. 1384

Introduced by Senator Min
(Coauthors: Assembly Members Cristina Garcia Carrillo, Cristina Garcia, and Santiago)

February 18, 2022

An act to amend Section 26710 of, and to add Sections 26806, 26807, 26808, 26811, and 26920 to 26806 and 26811 to, the Penal Code, relating to firearms.


LEGISLATIVE COUNSEL'S DIGEST


SB 1384, as amended, Min. Firearms: dealer requirements.
Existing law prohibits any person from selling, leasing, or transferring any firearm unless the person is licensed as a firearms dealer, as specified. Existing law prescribes certain requirements and prohibitions for licensed firearms dealers. A violation of any of these requirements or prohibitions is grounds for forfeiture of a firearms dealer’s license.
This bill would require a licensed firearm dealer to have a digital video surveillance system, burglary alarm system, and keyless entry system on their business premises, as specified, and would require that dealer to carry a policy of general liability insurance, as specified. The bill would require a licensee and any employees that handle firearms to annually complete specified training. The bill would require the Department of Justice to develop and implement an online training course, as specified, including a testing certification component.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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


SECTION 1.

 Section 26710 of the Penal Code is amended to read:

26710.
 (a) A person may request a certificate of eligibility from the Department of Justice.
(b) The Department of Justice shall examine its records and records available to the department in the National Instant Criminal Background Check System in order to determine if the applicant is prohibited by state or federal law from possessing, receiving, owning, or purchasing a firearm.
(c) The department shall issue a certificate to an applicant if the department’s records indicate that the applicant is not a person who is prohibited by state or federal law from possessing firearms.
(d) 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.
(e) The department shall not issue a certificate to an applicant who has failed to provide certification of compliance with Section 26806 pursuant to subdivision (d) of Section 26806.

SECTION 1.SEC. 2.

 Section 26806 is added to the Penal Code, to read:

26806.
 (a) Commencing January 1, 2024, a licensee shall ensure that its business premises are monitored by a digital video surveillance system that meets all of the following requirements:
(1) The system shall clearly record images and, for systems located inside the premises, audio, of the area under surveillance.
(2) Each camera shall be permanently mounted in a fixed location. Cameras shall be placed in locations that allow the camera to clearly record activity occurring in all areas described in paragraph (3) and reasonably produce recordings that allow for the clear and identification of any person.
(3) The areas recorded shall include, without limitation, all of the following:
(A) Interior and exterior views of all entries or exits to the premises. The licensee shall make a good faith effort not to capture or record activity occurring beyond the business property.
(B) All areas where firearms are displayed.
(C) All points of sale, sufficient to identify the parties involved in the transaction.
(4) The system shall continuously record 24 hours per day at a frame rate no less than 15 frames per second.
(5) The media or device on which recordings are stored shall be secured in a manner to protect the recording from tampering, unauthorized access or use, or theft.
(6) Recordings shall be maintained for a minimum of 3 years. one year.
(7) Recorded images shall clearly and accurately display the date and time synchronized with the United States Department of Commerce National Institute Standards and Technology official time.
(8) The system shall be equipped with a failure notification system that provides notification to the licensee of any interruption or failure of the system or storage device.
(b) A licensee shall not use, share, allow access, or otherwise release recordings, to any person except as follows:
(1) A licensee shall allow access to the system to an agent of the department or a licensing authority conducting an inspection of the licensee’s premises, for the purpose of inspecting the system for compliance with this section, and only if a warrant or court order would not generally be required for that access.
(2) A licensee shall allow access to the system or release recordings to any person pursuant to search warrant or other court order.
(3) A licensee may allow access to the system or release recordings to any person in response to an insurance claim or as part of the civil discovery process, including, but not limited to, in response to subpoenas, request for production or inspection, or other court order.
(c) The licensee shall post a sign in a conspicuous place at each entrance to the premises that states in block letters not less than one inch in height:

“THESE PREMISES ARE UNDER VIDEO AND AUDIO SURVEILLANCE. YOUR IMAGE AND CONVERSATIONS MAY BE RECORDED.”

(d) A licensee shall, on an annual basis, provide certification to the department, in a manner prescribed by the department, that its video surveillance system is in proper working order.
(e) This section does not preclude any local authority or local governing body from adopting or enforcing local laws or policies regarding video surveillance that do not contradict or conflict with the requirements of this section.

SEC. 2.Section 26807 is added to the Penal Code, to read:
26807.

(a)Commencing January 1, 2024, a licensee shall ensure that its business premises are monitored by a burglary alarm system that meets all of the following requirements:

(1)The alarm system shall be installed, maintained, and monitored by a licensed alarm company.

(2)The alarm must be monitored 24 hours per day and monitoring must include a notification to the local law enforcement agency having primary patrol jurisdiction where the licensed premises is located of any activation other than an accidental activation.

(3)The alarm system shall include the capability for the monitoring entity to remotely identify the exact location and type of trouble or activation and the ability to remotely arm, disarm, or reprogram the system, and shall notify the monitoring entity of any disruption to the system power or communication.

(4)The alarm system shall include motion sensors that cover 100 percent of the interior of the licensed premises.

(5)The alarm system shall include contact sensors on all exterior doors, windows, and other points of entry, including, without limitation, any roof hatch or other roof access point.

(6)The alarm system shall include shock or breakage sensors on all exterior windows.

(7)The alarm system shall include a backup power source, independent from the main power source for the building, that is capable of providing at least 72 hours of backup power to the alarm system.

(8)The alarm system shall include a keypad used to arm and disarm the system with individually assigned access codes for all persons with access to the system.

(b)The licensee shall ensure that the alarm system is activated at all times when nobody is on the premises.

(c)Each licensee shall maintain records of the installation and maintenance of the alarm system and alarm activity and shall make those records available upon request to the department for inspection.

SEC. 3.Section 26808 is added to the Penal Code, to read:
26808.

(a)Commencing January 1, 2024, a licensee shall ensure that its business premises have physical security measures that meet all of the following requirements:

(1)All exterior doors are equipped with a commercial grade nonresidential door lock.

(2)All exterior doors are equipped with a keyless entry system operated by individually assigned key cards that identify the user.

(3)The keyless entry system described in paragraph (2) shall include a backup power source, independent from the main power source for the building, that is capable of providing at least 72 hours of backup power to the keyless entry system.

(b)The licensee shall ensure that the exterior doors are secured and locked at all times when nobody is on the premises.

(c)The department shall adopt regulations relating to the placement of building security bollards outside a licensed premises.

SEC. 4.SEC. 3.

 Section 26811 is added to the Penal Code, to read:

26811.
 (a) Commencing July 1, 2023, a licensee shall carry a general liability insurance policy providing at least one million dollars ($1,000,000) of coverage per incident.
(b) This section does not preclude any local authority from requiring a more stringent requirement regarding the maintenance of liability insurance.

SEC. 5.Section 26920 is added to the Penal Code, to read:
26920.

(a)Commencing July 1, 2024, every licensee, and every employee thereof who handles or processes the sale, loan, or transfer of firearms or ammunition in the course of their normal duties, shall annually complete the training and certification described in subdivision (c).

(b)Every licensee shall maintain records of certification for all employees on the business premises and shall make these records available to any agent of the department or a licensing authority conducting an inspection of the licensee’s premises.

(c)(1)The department shall, by no later than January 1, 2024, develop and implement a course of training for licensees and their employees who handle or process the sale, loan, or transfer of firearms or ammunition in the course of their normal duties.

(2)The training described in paragraph (1) shall include, without limitation, all of the following:

(A)Federal and state laws governing that sales and transfers of firearms and ammunition.

(B)How to recognize and identify straw purchasers and fraudulent activity.

(C)Indicators that a person is attempting to purchase a firearm illegally.

(D)How to recognize and identify indicators that an individual intends to use a firearm for unlawful purposes.

(E)How to recognize and identify indicators that an individual intends to use a firearm for self-harm.

(F)How to prevent theft or burglary of firearms and ammunition.

(G)How to respond to circumstances described in subparagraphs (A) to (F), inclusive and any applicable reporting requirement.

(H)How to teach consumers rules of firearm safety, including, but not limited to, the safe handling and storage of firearms.

(I)Other reasonable business practices that the department determines will deter gun trafficking or the unlawful use of firearms.

(J)How to properly operate any on-premise video or audio surveillance system and to ensure that the system and any captured information is secure and not subject to misuse.

(3)The training shall be available in an online format and shall include an examination with not fewer than 20 questions derived from the course materials and intended to confirm that a course participant has learned the information covered by the course. A participant that answers at least 70 percent of the examination questions correctly shall receive a printable certificate of completion valid for one year from the date of completion.

(4)In addition to the online training course, the department shall prepare supplemental written materials that shall be available to all course participants to print and shall include, without limitation, all of the following:

(A)An outline of indicators that a prospective firearm transferee may be involved in gun trafficking or straw purchasing, including all of the following:

(i)The person is accompanied by one or more individuals.

(ii)The person is communicating with other individuals by telephone or other means.

(iii)The person is buying multiple firearms.

(iv)The person has been the subject of a crime gun trace.

(v)The person has purchased a firearm in the preceding 30 days.

(vi)The person otherwise indicates that a firearm is being obtained for another person.

(B)How to ascertain whether a prospective firearm purchaser is lawfully purchasing a firearm, including by asking questions of the prospective firearm purchaser.

(C)How to report a suspected fraudulent firearm purchase to the federal Bureau of Alcohol, Tobacco, Firearms and Explosives and to the Department of Justice.

(5)The department shall regularly review the training materials and update them as necessary.

(d)This section does not preclude any local authority from requiring a more stringent requirement regarding the training.