Bill Text: CA SB241 | 2023-2024 | Regular Session | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Firearms: dealer requirements.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Passed) 2023-09-26 - Chaptered by Secretary of State. Chapter 250, Statutes of 2023. [SB241 Detail]
Download: California-2023-SB241-Introduced.html
Bill Title: Firearms: dealer requirements.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Passed) 2023-09-26 - Chaptered by Secretary of State. Chapter 250, Statutes of 2023. [SB241 Detail]
Download: California-2023-SB241-Introduced.html
CALIFORNIA LEGISLATURE—
2023–2024 REGULAR SESSION
Senate Bill
No. 241
Introduced by Senator Min |
January 25, 2023 |
An act to add Section 26920 to the Penal Code, relating to firearms.
LEGISLATIVE COUNSEL'S DIGEST
SB 241, as introduced, 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 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.
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 26920 is added to the Penal Code, to read:26920.
(a) Commencing July 1, 2025, 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, 2025, 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 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.
(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.