Amended  IN  Assembly  January 03, 2024

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill
No. 1047

Introduced by Assembly Member Maienschein

February 15, 2023

An act to add Section 18119 to the Penal Code, relating to firearms.


LEGISLATIVE COUNSEL'S DIGEST


AB 1047, as amended, Maienschein. Firearms purchase notification registry.
Existing law generally regulates the sale and transfer of firearms, including, among other requirements and subject to exceptions, that the transfer of a firearm be conducted through a firearms dealer. Existing law, subject to exceptions, imposes a 10-day waiting period for delivery of a firearm, during which time a background check is conducted by the Department of Justice to determine if the proposed recipient of the firearm is prohibited from owning or possessing a firearm.
This bill would require the Department of Justice to develop and launch a secure internet-based platform to allow a person who resides in California to voluntarily add their own name to a registry that would advise friends and family members a licensed behavioral health clinician of the person’s attempt to purchase a firearm during the 10-day waiting period. The bill would, at the time of registration, require the registrant to add up to 5 list the email addresses of family or friends address of a licensed behavioral health clinician and would require the department, as soon as practicable but within the 10-day waiting period, to provide notice by email to the provided addresses address that the registrant is in the process of purchasing a firearm, the registrant voluntarily added their name to the registry, and the purpose of the registry is for a third party to potentially intervene and prevent the registrant from purchasing a firearm.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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


SECTION 1.

 Section 18119 is added to the Penal Code, to read:

18119.
 (a) The Department of Justice shall develop and launch a secure internet-based platform to allow a person who resides in California to voluntarily add their own name to a registry that will advise friends and family members a licensed behavioral health clinician of the person’s attempt to purchase a firearm during the 10-day waiting period pursuant to Section 27540. The department, in cooperation with other relevant state agencies, shall ensure that this internet-based platform is easy to find. The department shall ensure that the internet-based platform does both of the following credibly:
(1) Verifies the identity of a person who opts to register or requests removal.
(2) Prevents unauthorized disclosure of a person registering or requesting removal.
(b) (1) Once the internet-based platform is operative, a person who resides in California may request, via the platform, to be added to the registry.
(2) At the time of registration, a registrant is required to list up to five email addresses the email address of a licensed behavioral health clinician to be contacted during the 10-day waiting period pursuant Section 27540.
(3) As soon as practicable but during the 10-day waiting period, the department shall promptly provide notice by email to the provided addresses.
(4) The department shall, in the notice, provide the following information:
(A) The registrant is in the process of purchasing a firearm.
(B) The registrant voluntarily added their name to the registry so that the family member or friend a licensed behavioral health clinician would be contacted during the 10-day waiting period.
(C) The purpose of the registry is for a third party to potentially intervene and prevent the registrant from purchasing a firearm.
(5) If the registrant requests through the internet-based platform to have their name removed from the registry, the department shall promptly provide notice by email to the provided addresses of the registrant’s request and remove the registrant from the registry within 10 days of receiving the request.
(6) If the registrant fails to provide an email address pursuant to paragraph (2), the department shall provide the email notice pursuant to paragraph (3) to the local county office of behavioral health.
(c) (1) The fact that a person has requested to be added to the registry, is on the registry, has requested to be removed from the registry, or has been removed from the registry is confidential and shall not be disclosed except as authorized by law.
(2) Except as provided in subparagraph (D), the following are unlawful acts under this section:
(A) A person or entity obtains unlawful or unauthorized access to the internet-based platform.
(B) A person or entity discloses the fact that the registrant is listed on the registry.
(C) A person or entity takes any adverse action against the registrant, including any action relating to health care, employment, education, housing, insurance, government benefits, and contracting, on the basis of their being listed on the registry. This subparagraph does not apply to any action pursuant to Section 43.92 of the Civil Code.
(D) Subparagraphs (B) and (C) are not violated when the disclosure or adverse action is made with the consent of the registrant, or pursuant to a good faith belief that the registrant purchasing, possessing, or obtaining a firearm would constitute an undue risk to public safety or to the safety of the registrant.