December 2023 Legislation/Litigation Update
December 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.]
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 added, replaced, or modified 28 sections of the California Penal Code.
https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202320240SB2
Emergency Regulations Implementing SB2
The proposed Emergency Regulations include new requirements for the instructors who can teach the mandatory training for CCW, both new applications and renewals. NRA, USCCA and other organizations who train and certify firearms instructors are no longer acceptable to the DOJ for CCW training. Basically, only trained police instructors will be recognized. The proposed text is copied below.
Another provision requires the issuing agent to verify that the CCW applicant is the recorded owner of all firearms listed on their license. Previously, for example, a husband and wife could list the same firearms on both of their licenses. Starting January 1, only the recorded owner may list a specific firearm.
- 4410. CCW DOJ Certified Instructor Qualifications and Applications.
(a) CCW DOJ Certified Instructor applicants must have a valid Certificate of Eligibility (COE) issued pursuant to Penal Code section 26710 and California Code of Regulations, title 11, section 4030 et seq.
(b) Applicants must be at least 21 years old. Applicants shall provide a copy of a valid California driver license or California identification card issued by the Department of Motor Vehicles, demonstrating the applicant is 21 years of age or older. Applicants with a federal non-compliant California driver license or identification card shall also comply with section 4045.1.
(c) Initial and renewal applications must be completed and submitted on the Concealed Carry Weapon Program DOJ Certified Instructor Application, Form BOF 1034 (Orig. 01/2024), hereby incorporated by reference. Initial applicants must submit a copy of their training certification from one of the following:
(1) Bureau of Security and Investigative Services, Department of Consumer Affairs, State of California-Firearm Training Instructor;
(2) Commission on Peace Officer Standards and Training (POST), State of California Firearms Instructor or Rangemaster; or
(3) Authorization from a State of California accredited school to teach a firearm training course.
(d) Within six months before submitting their application, initial and renewal applicants must pass a live-fire shooting qualification course on a firing range. During the qualification course:
(1) The applicant must display safe weapon practices at all times.
(2) The applicant must use a serviceable holster and magazine pouch with at least one reload.
(3) The specified shooting exercises shall be performed. [Edited for length.]
- 4431. Reviewing the Automated Firearms System.
(a) For purposes of Penal Code section 26162, the licensing authority shall review the Automated Firearms System (AFS) to determine if the CCW license applicant is the recorded owner of the particular pistol, revolver, or other firearm capable of being concealed upon the person reported in the application for a CCW license or the application for the amendment to a CCW license.
(b) The serial number of the firearm and the CCW license applicant’s name, date of birth, and identification number (from California driver license, California identification card issued by the Department of Motor Vehicles, social security card, or military identification) must match an entry in one AFS record. [Edited for length.]
Link to Emergency Regulations on the Attorney General web site:
https://oag.ca.gov/firearms/regs/ccwl
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 scheduled December 4 before Judge Cormac J. Carney, of the US District Court for the Central District California has been rescheduled to December 20.
Respectfully submitted,
David Smith
