AB 3064

Bill Subjects

Abstract

(1) Existing law requires the Department of Justice to compile, publish, and maintain a roster listing all of the firearm safety devices that have been tested by a certified testing laboratory, have been determined to meet the department's standards for firearm safety devices, and therefore may be sold in this state. Existing law requires the department to collect and retain a prototype of each approved device. This bill would authorize the department commencing on January 1, 2026, to charge a fee for devices newly listed on the roster to cover costs related to the approval of the device, as specified. This bill would also, commencing on January 1, 2026, authorize the department to charge each entity that manufactures or imports into the state for sale any firearm safety device that is listed on the roster, an annual fee to cover the cost of storage of prototype devices. The bill would additionally require that any device newly added to the roster have certain information engraved or otherwise permanently affixed to the device. The bill would also require any entity seeking to list a device to comply with specified business standards. This bill would provide a process by which a device that has been removed from the roster for nonpayment of the fee, to be relisted. The bill would also provide a process for a device model that is identical to a listed model except for certain cosmetic differences to be listed without testing. These processes require the submission of certain statements signed under penalty of perjury. By expanding the offense of perjury, this bill would impose a state-mandated local program. This bill would also require the manufacturer of any device listed on the roster that becomes subject to a product recall, as specified, to notify the department, as specified. The bill would authorize the department to remove the device from the roster if the device is subject to a product recall, as specified. (2) Existing law requires any person, within 60 days of bringing a firearm into the state, to mail or personally deliver to the Department of Justice a report, as prescribed by the department, describing the firearm and providing personal information. Existing law requires any sale, loan, or transfer of a firearm to be processed through a licensed firearms dealer. Existing law exempts from this requirement the transfer of certain firearms that are curios or relics to a licensed firearm collector, and certain transfers made by gift, bequest, intestate succession, or operation of law. Existing law requires a person who receives a firearm pursuant to these provisions, within 30 days after taking possession, to submit to the Department of Justice a report, as prescribed by the department, describing the firearm and providing personal information. Existing law also requires a collector who imports such a firearm into the state to submit a report to the department. This bill would require these reports to be submitted in a form and manner prescribed by the department and authorize the department to charge a fee for the processing of these forms, as specified. The bill would make the furnishing of false or fictitious information on these reports, as specified, punishable as a misdemeanor. The bill would also authorize the department to request photographs of the firearm to determine if it is a prohibited weapon, as specified. By creating new crimes, this bill would impose a state-mandated local program. (3) Existing law exempts certain other transactions from the requirement to be processed through a licensed firearms dealer and does not require these transactions to be reported to the Department of Justice, including, without limitation, sales, deliveries, or transfers of firearms between importers and manufacturers of firearms, transfers of firearms to a gunsmith for repairs, loans of a firearm to a hunter, loans of a firearm to a person attending a police academy, and temporary transfers of a firearm for safekeeping, as specified. Existing law allows a person transferring or receiving a firearm pursuant to one of these provisions or a person moving out of state with a firearm to report that information to the department. This bill would require these reports to be submitted in a form and manner prescribed by the department and would prescribe the information to be included in these reports, as specified. The bill would require the department to establish a fee for submission of this information, as specified. The bill would also authorize the department to request photographs of the firearm to determine if it is a prohibited weapon, as specified. The bill would make the filing of any false information pursuant to this provision a crime punishable as a misdemeanor. By creating a new crime, this bill would impose a state-mandated local program. This bill would also require the department, upon receipt of this information, to examine specified records to determine if the transferee is prohibited from possessing a firearm. (4) Existing law prohibits a person who is licensed to carry a firearm to carry a firearm in certain specified places including schools, government buildings, hospitals, zoos, parks, churches, libraries, bars, and casinos. Existing law, however, exempts from these prohibitions a firearm that is secured in a lock box, as specified, under certain circumstances. This bill would provide that a lock box is compliant with those specifications if, at the time the person purchased the lock box, it was listed on the roster of devices approved by the Department of Justice. The bill would make other conforming changes. (5) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.