November 2023 Legislation/Litigation Update
November Focus
Laws taking effect January 1, 2024
California Penal Code 27535.
(a) A person shall not make an application to purchase more than one firearm within any 30-day period. This subdivision does not authorize a person to make an application to purchase a combination of firearms, completed frames or receivers, or firearm precursor parts within the same 30-day period.
[ED. NOTE: This law changes the former restriction on purchasing 1 handgun or semi-auto centerfire rifle in 30 days. Starting January 1, 2024, the limit is on purchasing ANY type of firearm.]
(b) Subdivision (a) does not apply to any of the following:
(1) Any law enforcement agency.
(2) Any agency duly authorized to perform law enforcement duties.
(3) Any state or local correctional facility.
(4) Any private security company licensed to do business in California.
(5) Any person who is properly identified as a full-time paid peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2, and who is authorized to, and does carry a firearm during the course and scope of employment as a peace officer.
(6) Any motion picture, television, or video production company or entertainment or theatrical company whose production by its nature involves the use of a firearm.
(7) Any person who may, pursuant to Article 2 (commencing with Section 27600), Article 3 (commencing with Section 27650), or Article 4 (commencing with Section 27700), claim an exemption from the waiting period set forth in Section 27540.
(8) Any transaction conducted through a licensed firearms dealer pursuant to Chapter 5 (commencing with Section 28050). [ED. NOTE: This is Private Party Transfers.]
(9) Any person who is licensed as a collector pursuant to Chapter 44 (commencing with Section 921) of Title 18 of the United States Code and the regulations issued pursuant thereto, and has a current certificate of eligibility issued by the Department of Justice pursuant to Article 1 (commencing with Section 26700) of Chapter 2.
(10) The exchange of a firearm where the dealer purchased that firearm from the person seeking the exchange within the 30-day period immediately preceding the date of exchange or replacement.
(11) The replacement of a firearm when the person’s firearm was lost or stolen, and the person reported that firearm lost or stolen pursuant to Section 25250 prior to the completion of the application to purchase the replacement.
(12) The return of any firearm to its owner.
(13) A community college that is certified by the Commission on Peace Officer Standards and Training to present the law enforcement academy basic course or other commission-certified law enforcement training.
(c) This section shall become operative on January 1, 2024.
[These next three Penal Code changes imposed additional requirements on licensed gun dealers.]
California Penal Code 26715.
(a) Except as otherwise provided in paragraphs (1) and (3) of subdivision (b), the Department of Justice shall keep a centralized list of all persons licensed pursuant to subdivisions (a) to (e), inclusive, of Section 26700.
(b) (1) The department may remove from this list any person who knowingly or with gross negligence violates a provision listed in Section 16575.
(2) The department shall remove from the centralized list any person whose federal firearms license has expired or has been revoked.
(3) The department shall remove from the centralized list any person or entity who has failed to provide certification of compliance with Section 26806 pursuant to subdivision (d) of Section 26806.
(4) Upon removal of a dealer from this list, notification shall be provided to local law enforcement and licensing authorities in the jurisdiction where the dealer’s business is located.
(c) Information compiled from the list shall be made available, upon request, for the following purposes only:
(1) For law enforcement purposes.
(2) When the information is requested by a person licensed pursuant to Chapter 44 (commencing with Section 921) of Title 18 of the United States Code for determining the validity of the license for firearm shipments.
(3) When information is requested by a person promoting, sponsoring, operating, or otherwise organizing a show or event as defined in Section 478.100 of Title 27 of the Code of Federal Regulations, or its successor, who possesses a valid certificate of eligibility issued pursuant to Article 1 (commencing with Section 27200) of Chapter 3, if that information is requested by the person to determine the eligibility of a prospective participant in a gun show or event to conduct transactions as a firearms dealer pursuant to subdivision (b) of Section 26805.
(d) Information provided pursuant to subdivision (c) shall be limited to information necessary to corroborate an individual’s current license status as being one of the following:
(1) A person licensed pursuant to subdivisions (a) to (e), inclusive, of Section 26700.
(2) A person who is licensed pursuant to Chapter 44 (commencing with Section 921) of Title 18 of the United States Code, and who is not subject to the requirement of being licensed pursuant to subdivisions (a) to (e), inclusive, of Section 26700.
California Penal Code 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 identification of any person.
(3) The areas recorded shall include, without limitation, all of the following:
(A) Interior views of all entries or exits to the premises.
(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 one year.
(7) Recorded images shall clearly and accurately display the date and 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.
California Penal Code 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.
SB 2, Portantino. Firearms.
This law substantially changes the requirements to obtain and renew a Concealed Carry license (CCW) and substantially changes the regulations regarding actually carrying a concealed weapon.
Everyone who has a CCW, or plans to get a CCW, should read the text of the bill, at the link below, and understand the new regulations. Being convicted of violating these regulations can result in fines and imprisonment.
This law adds, replaced, or modifies 28 sections of the California Penal Code. Among the most impactful are:
- The new definitions of “sensitive places”, which are places where it is a crime to carry a concealed weapon, even with a CCW license. California Penal Code 26230 lists places where a “…person granted a license to carry a pistol, revolver, or other firearm capable of being concealed upon the person pursuant to Section 26150, 26155, or 26170 shall not carry a firearm on or into…”
- Crimes relating to use of alcohol and/or controlled substances.
https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202320240SB2
Litigation
B&L Productions, INC., d/b/a Crossroads of the West v Newsom
In the United States District Court for the Central District of California on the 30th of October, Judge John W. Holcomb issued a Preliminary Injunction against the state enforcing a ban on gun shows found in California Penal Code sections 27573 or 27575.
The 32nd District Agricultural Association must make available the next available date for a gun show and must allow the Plaintiff Crossroads of the West to reserve dates for gun show events (and to hold such events) at the Orange County Fairgrounds as the 32nd DAA would any other event promoter who has previously held events at the Orange County Fairgrounds.
Defendants request to stay Judge Holcomb’s order pending appeal was denied.
May v Bonta challenging SB2, a motion was filed for a Preliminary Injunction. The state has until November third to file its motion to oppose the injunction. CRPA will then have until November 20 to reply to the opposition motion. A hearing is scheduled December 4 before Judge Cormac J. Carney, of the US District Court for the Central District California.
Respectfully submitted,
David Smith
