Amended  IN  Assembly  March 27, 2017

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill No. 736

Introduced by Assembly Member Gipson

February 15, 2017

An act to amend Section 26800 of, and to amend the heading of Article 2 (commencing with Section 26800) of Chapter 2 of Division 6 of Title 4 of Part 6 of, add Section 26723 to the Penal Code, relating to firearms.


LEGISLATIVE COUNSEL'S DIGEST


AB 736, as amended, Gipson. Firearms: dealer licensing.
Existing law authorizes a licensing authority of a city, county, or city and county to issue a license to sell firearms at retail within their respective jurisdictions, to a person who meets certain eligibility requirements including the possession of a valid federal firearms license and a certificate of eligibility issued by the state Department of Justice. Existing law prescribes certain requirements for these licensees regarding the display of the license, the display of firearms, the posting of certain notices and warnings, the storage of inventory, the sales of firearms, and other related requirements. Existing law authorizes the Department of Justice or local licensing authorities to inspect the place of business of a licensee and provides grounds for forfeiture of a license.
This bill would authorize the Department of Justice or local authorities to impose a civil fine for a violation of certain firearms licensing requirements committed by a licensed firearms dealer, and an increased fine and suspension or revocation of the license for subsequent violations within a specified time period. dealer.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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


SECTION 1.

 Section 26723 is added to the Penal Code, to read:

26723.
 (a) In addition to, or in lieu of, the removal of a dealer from the list of licensed persons pursuant to Section 26715 or the forfeiture of a license pursuant to Section 26800, the department, or the licensing authority in a jurisdiction that has adopted an inspection program, may impose a civil fine on a dealer under the following circumstances:
(1) The dealer has received notification from the department or local authority regarding a violation of any provision listed in Section 16575 and has failed to take corrective action as required within the time specified in the notice.
(2) The dealer has knowingly or with gross negligence violated a provision listed in Section 16575.
(b) The amount of the civil fine authorized in subdivision (a) shall be as follows:
(1) For a first violation, a civil fine of five hundred dollars ($500).
(2) For a second violation that occurs within five years of a previous violation for which a fine was imposed pursuant to this section, a civil fine of one thousand dollars ($1,000).
(3) For a third or subsequent violation that occurs within five years of a previous violation for which a fine was imposed pursuant to this section, a civil fine of five thousand dollars ($5,000).
(4) The Attorney General, a district attorney, or a city attorney may bring an action to impose a civil fine or other action against a licensee authorized by this section.

SECTION 1.The heading of Article 2 (commencing with Section 26800) of Chapter 2 of Division 6 of Title 4 of Part 6 of the Penal Code is amended to read:
2.Grounds for Disciplinary Action Against Licensee
SEC. 2.Section 26800 of the Penal Code is amended to read:
26800.

(a)A license under this chapter is subject to disciplinary action for a breach of any of the prohibitions and requirements of this article, except those stated in the following provisions:

(1)Subdivision (c) of Section 26890.

(2)Subdivision (d) of Section 26890.

(3)Subdivision (b) of Section 26900.

(b)The Department of Justice or a jurisdiction that has adopted an inspection program pursuant to Section 26720 may impose the following action against a licensee for a breach described in subdivision (a):

(1)For a first violation, a civil fine of $500.

(2)For a second violation which occurs within five years of the date of a previous offense, a civil fine of one thousand dollars ($1,000) and a suspension of the license for 30 days.

(3)For a third or subsequent violation that occurs within five years of two or more previous offenses, a civil fine of five thousand dollars ($5,000) and permanent revocation of the license.

(c)The Attorney General, a district attorney, or a city attorney may bring an action to impose a civil fine or other action against a licensee authorized by this section.