SB 1038

Bill Subjects

Abstract

(1) Existing law, as enacted by the Safety for All Act of 2016, an initiative statute approved by voters as Proposition 63 at the November 8, 2016, statewide general election, requires a person to report the loss or theft of a firearm that the person owns or possesses to a local law enforcement agency in the jurisdiction in which the theft or loss occurred within 5 days of the time that the owner or possessor knew or should have known that the firearm had been stolen or lost, as specified. Proposition 63 allows its provisions to be amended by a vote of 55% of the Legislature so long as the amendments are consistent with, and further the intent of, the act. This bill would amend Proposition 63 by requiring a person to report the loss or theft within 48 hours of the time that the owner or possessor knew or should have known that the firearm had been stolen or lost. (2) Existing law directs law enforcement agencies to submit the description of a firearm that has been reported stolen, lost, found, recovered, or under observation directly to an automated Department of Justice system. Existing law requires these law enforcement agencies to report to the Department of Justice any information in their possession necessary to identify and trace the history of a recovered firearm that is illegally possessed, has been used in a crime, or is suspected of having been used in a crime. Existing law requires the department to analyze this data and to submit an annual report to the Legislature summarizing this analysis, as specified. This bill would require the department to inspect the 25 firearm dealer locations in the annual report that are the source or origin of the highest gross number of firearms that were illegally possessed, used in a crime, or suspected to have been used in a crime, as specified. (3) Existing law generally regulates the sale and transfer of firearms, including, among other requirements, that every dealer keep a record of electronic or telephonic transfers of firearms. This bill would require a firearm dealer to annually certify their inventory to the Department of Justice, as specified. Upon request by a local law enforcement agency, the bill would require the Department of Justice to send a copy of the annual certifications to the agency. The bill would authorize the Attorney General, a city attorney, or county counsel to impose a civil penalty on a person who violates this provision in the amount of $3,000 per day for the first violation, $5,000 per day for a 2nd violation, and $10,000 per day for a 3rd and subsequent violation, as specified. (4) Existing law requires, with certain exceptions, a firearm dealer to report an acquisition of a firearm to the Department of Justice, as specified. This bill would, commencing January 1, 2027, remove specified exceptions to those provisions.