Bill Text: CA SB1472 | 2023-2024 | Regular Session | Amended

California Senate Bill 1472

Bill Title: Firearms: California Do Not Sell List.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-05-16 - May 16 hearing: Held in committee and under submission. [SB1472 Detail]

Download: California-2023-SB1472-Amended.html

Amended IN Senate March 19, 2024

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Senate Bill

No. 1472

Introduced by Senator Limón

February 16, 2024

An act to ~~amend Section 30105 of the Penal Code, relating to firearms.~~ add Chapter 6 (commencing with Section 30180) to Division 9 of Title 4 of Part 6 of the Penal Code, relating to firearms.

LEGISLATIVE COUNSEL'S DIGEST

SB 1472, as amended, Limón. ~~Firearms: determination of eligibility.~~ Firearms: California Do Not Sell List.

Existing law makes possession of a firearm by certain classes of persons, including a convicted felon, a person convicted of specified misdemeanors, a person that has been found mentally incompetent to stand trial, a person that has been found not guilty of specified crimes by reason of insanity, or a person that has been placed under conservatorship, a crime. Existing law additionally makes it a crime to sell or give possession of a firearm to these classes of persons prohibited from owning a firearm.
Existing law requires the Department of Justice, upon submission of firearm purchaser information by a licensed firearm dealer, to examine its records to determine whether a potential firearm purchaser is prohibited by state of federal law from possessing, receiving, owning, or purchasing a firearm. Existing law requires the department to participate in the National Instant Criminal Background Check System.
This bill would require the Department of Justice to develop and launch a system to allow a person who resides in California to voluntarily add their own name to, and subsequently remove their own name from, the California Do Not Sell List, with the purpose of preventing the sale or transfer of a firearm to the person who adds their name, as specified.
Existing law prohibits specified persons from purchasing or possessing a firearm including persons convicted of a felony or certain misdemeanor offenses, persons subject to certain court orders, and persons with certain mental health determinations. Existing law requires a person purchasing or receiving a firearm to undergo a background check to determine that they are not so prohibited. Existing law also provides a procedure by which a person may request a determination of eligibility from the Department of Justice before attempting to purchase or receive a firearm.
~~This bill would make a technical, nonsubstantive change to that law.~~

Vote: MAJORITY Appropriation: NO Fiscal Committee: NOYES Local Program: NO

The people of the State of California do enact as follows:

SECTION 1.

Chapter 6 (commencing with Section 30180) is added to Division 9 of Title 4 of Part 6 of the Penal Code, to read:

CHAPTER 6. Voluntary Do Not Sell List
30180.
(a) The Department of Justice shall develop and launch a system to allow a person who resides in California to voluntarily add their own name to, and subsequently remove their own name from, the California Do Not Sell List, hereafter the registry. The purpose of the registry is to prevent the sale or transfer of a firearm to a person through a lawful method. The department shall ensure that the system does all 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.
(3) Informs the potential registrant of the legal effects of registration or removal.
(b) In implementing subdivision (a), the department shall utilize, to the extent feasible, existing state and local resources, systems, databases, and staff.

SECTION 1.Section 30105 of the Penal Code is amended to read:
30105.
(a)An individual may request that the Department of Justice perform a firearms eligibility check for that individual. The applicant requesting the eligibility check shall provide the personal information required by Section 28160, but not any information regarding any firearm, to the department, in an application specified by the department.
(b)The department shall charge a fee of twenty dollars ($20) for performing the eligibility check authorized by this section, but not to exceed the actual processing costs of the department. After the department establishes fees sufficient to reimburse the department for processing costs, fees charged may increase at a rate not to exceed the legislatively approved cost-of-living adjustment for the department’s budget or as otherwise increased through the Budget Act.
(c)An applicant for the eligibility check pursuant to subdivision (a) shall complete the application, have it notarized by any licensed California Notary Public, and submit it by mail to the department.
~~(d)Upon receipt of a notarized application and fee, the department shall do all of the following:~~
(1)Examine its records, and the records it is authorized to request from the State Department of State Hospitals pursuant to Section 8104 of the Welfare and Institutions Code, to determine if the purchaser is prohibited by state or federal law from possessing, receiving, owning, or purchasing a firearm.
(2)Notify the applicant by mail of its determination of whether the applicant is prohibited by state or federal law from possessing, receiving, owning, or purchasing a firearm. The department’s notification shall state either “eligible to possess firearms as of the date the check was completed” or “ineligible to possess firearms as of the date the check was completed.”
(e)If the department determines that the information submitted to it in the application contains any blank spaces, or inaccurate, illegible, or incomplete information, preventing identification of the applicant, or if the required fee is not submitted, the department shall not be required to perform the firearms eligibility check.
~~(f)The department shall make applications to conduct a firearms eligibility check as described in this section available to licensed firearms dealers and on the department’s internet website.~~
~~(g)The department shall be immune from any liability arising out of the performance of the firearms eligibility check, or any reliance upon the firearms eligibility check.~~
(h)Except as provided in Sections 29180 and 29182, a person or agency shall not require or request an individual to obtain a firearms eligibility check or notification of a firearms eligibility check pursuant to this section. A violation of this subdivision is a misdemeanor.
~~(i)The department shall include on the application specified in subdivision (a) and the notification of eligibility specified in subdivision (d) the following statements:~~

“No person or agency may require or request an individual to obtain a firearms eligibility check or notification of firearms eligibility check pursuant to Section 30105 of the Penal Code. A violation of these provisions is a misdemeanor.”

“If the applicant for a firearms eligibility check purchases, transfers, or receives a firearm through a licensed dealer as required by law, a waiting period and background check are both required.”