Bill Text: CA AB1047 | 2023-2024 | Regular Session | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Firearms purchase notification registry.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2024-02-01 - From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. [AB1047 Detail]
Download: California-2023-AB1047-Introduced.html
Bill Title: Firearms purchase notification registry.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2024-02-01 - From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. [AB1047 Detail]
Download: California-2023-AB1047-Introduced.html
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 introduced, 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 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 email addresses of family or friends 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 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.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NOBill Text
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 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 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 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.
(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.
