Amended  IN  Assembly  April 01, 2024

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill
No. 3064

Introduced by Assembly Member Maienschein

February 16, 2024

An act to amend Sections 23630, 23655 and 23680 of, 23655, 23680, 27560, 27966, 28000, and 30510 of, and to add Sections 23656 and 23658 to, the Penal Code, relating to firearms.


LEGISLATIVE COUNSEL'S DIGEST


AB 3064, as amended, Maienschein. Firearms: safety devices. Firearms.

Existing

(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.
This bill would, 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 listed on the roster, an annual fee, as specified. 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 manufacturer fails to provide this notice.
(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. Existing law requires a collector who receives a firearm pursuant to these provisions, within 30 days after taking possession, to mail or personally deliver to the Department of Justice a report, as prescribed by the department, describing the firearm and providing personal information.
This bill would instead require the person to electronically submit these reports. The bill would also authorize the department to request photographs of the firearm to determine if it is a prohibited weapon, as specified.
(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 a report submitted pursuant to this provision to be submitted electronically and would prescribe the information to be included in the report. 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.
The bill would make other conforming changes.

The

(4) 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.

This

(5) This bill would include a change in state statute that would result in a taxpayer paying a higher tax within the meaning of Section 3 of Article XIII A of the California Constitution, and thus would require for passage the approval of 2/3 of the membership of each house of the Legislature.
Vote: 2/3   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

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


SECTION 1.

 Section 23630 of the Penal Code is amended to read:

23630.
 (a) This division does not apply to the commerce of any antique firearm.
(b) (1) This division does not apply to the commerce of any firearm intended to be used by a salaried, full-time peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2, for purposes of law enforcement.
(2) Nothing in this division precludes a local government, local agency, or state law enforcement agency from requiring its peace officers to store their firearms in gun safes or attach firearm safety devices to those firearms.
(c) As used in this division, the following terms have the following meanings:
(1) “Department” means the Department of Justice.
(2) “Device” means a firearm safety device as described in Section 23650.
(3) “Roster” means the roster of approved devices maintained by the department pursuant to Section 23655.

SEC. 2.

 Section 23655 of the Penal Code is amended to read:

23655.
 (a) The Department of Justice shall certify laboratories to verify compliance with standards for firearm safety devices set forth in Section 23650.
(b) The department may charge any laboratory that is seeking certification to test devices a fee not exceeding the costs of certification, including costs associated with the development and approval of regulations and standards pursuant to Section 23650.
(c) The certified laboratory shall, at the manufacturer’s or dealer’s expense, test a device and submit a copy of the final test report directly to the Department of Justice, regardless of whether the device has passed or failed to meet standards, along with, for those devices that have passed, one prototype of the firearm safety device to be retained by the department. The department shall notify the manufacturer or dealer of its receipt of the final test report and the department’s determination as to whether the device tested may be sold in this state.
(d) (1) The department shall compile, publish, and maintain a roster listing all of the devices that have been tested by a certified testing laboratory, have been determined to meet the department’s standards for devices, and may be sold in this state.
(2) A device shall not be added to the roster after January 1, 2025, unless the entity seeking the listing has complied with all applicable provisions of Sections 2105, 15909.02, 16959, and 17708.02 of the Corporations Code.
(3) Commencing on January 1, 2026, the department may, for each device listed on the roster, charge the entity that manufactures, causes to be manufactured, or imports the device into the state for sale, an annual fee not to exceed the costs of research and development, report analysis, storage of prototype devices, and other program infrastructure costs necessary to implement the provisions of this division.
(4) The fee described in paragraph (3) shall be paid no later than on the first business day of each calendar year.
(5) The department may remove from the roster any device for which the fee described in paragraph (3) has not been paid.
(e) (1) The roster shall list, for each device, the manufacturer, model number, and model name.
(2) A device shall not be added to the roster after January 1, 2025, unless the name of the manufacturer, the model number, and the model name, as they appear on the roster, are engraved or otherwise permanently affixed to the device.
(f) The department may randomly retest samples obtained from sources other than directly from the manufacturer of the device listed on the roster to ensure compliance with the requirements of this division.
(g) Devices used for random sample testing and obtained from sources other than the manufacturer shall be in new, unused condition, and still in the manufacturer’s original and unopened package.

SEC. 3.

 Section 23656 is added to the Penal Code, to read:

23656.
 (a) If a device is removed from the roster pursuant to paragraph (5) of subdivision (d) of Section 23655, the listing entity may request that the device be relisted by paying any delinquent fees and doing either of the following:
(1) Submitting a statement to the department, signed under penalty of perjury, that the device to be relisted is identical to the device previously listed on the roster.
(2) Submitting a petition for reinstatement to the department, along with a sample device to be relisted, the complete testing history of the device, and fees, as specified by the department, sufficient to pay for the retesting and relisting of the device.
(b) If a petition is submitted pursuant to paragraph (2), the sample device provided shall be retested pursuant to Section 23650.
(c) If a device retested pursuant to paragraph (b) passes testing and is otherwise in compliance with this division, the department shall relist the device on the roster.
(d) (1) If a device retested pursuant to paragraph (b) does not pass testing, it shall not be relisted and shall not be retested.
(2) This subdivision does not prevent the department from retesting any listed device at any time.

SEC. 4.

 Section 23658 is added to the Penal Code, to read:

23658.
 (a) The department may approve an untested device and list that device on the roster if a model of the device made by the same manufacturer is already listed and the unlisted device differs from the listed device in only one or more of the following features:
(1) Finish, including, but not limited to, color or engraving.
(2) Any feature that does not in any way alter the material or functioning of any of the components of the device. Dimensional changes may be approved by the department without additional testing on a case-by-case basis when the dimensional changes do not alter the device’s ability to operate in the same manner demonstrated in the laboratory, including when the dimensional changes do not alter the size of the door or the locking bolts.
(3) Any change in name or model number that does not affect the design or function of the device.
(4) Any engraved or permanently affixed marking added pursuant to subdivision (e) of Section 23655.
(b) Any manufacturer seeking to have a device approved pursuant to this section shall provide the department with all of the following:
(1) The model name and model number of the device that is already listed on the roster.
(2) The model name and model number of each firearm safety device the manufacturer seeks to have listed pursuant to this section.
(3) A statement, signed under penalty of perjury, that each unlisted device for which listing is sought differs from the listed device only in one or more of the ways identified in subdivision (a) and is in all other respects identical to the listed device.
(c) The department shall review each device submitted pursuant to this section on a case-by-case basis to determine whether new testing by a certified testing laboratory is required.
(d) The department may, at its discretion and at any time, require a manufacturer to provide to the department a sample of any device model for which listing is sought pursuant to this section.

SEC. 5.

 Section 23680 of the Penal Code is amended to read:

23680.
 (a) (1) If a device on the roster is recalled by the United States Consumer Product Safety Commission, or by any other state government entity, the manufacturer of that firearm safety device must notify the department of the recall within seven days of public notice of the recall.
(2) The department may remove from the roster a device that is the subject of a recall if the manufacturer has failed to provide the notice required pursuant to paragraph (1).
(b) If at any time the Attorney General determines that a gun safe or firearm safety device subject to the provisions of this division and sold after January 1, 2002, does not conform with the standards required by subdivision (a) of Section 23635 or Section 23650, the Attorney General may order the recall and replacement of the gun safe or firearm safety device, or order that the gun safe or firearm safety device be brought into conformity with those requirements.
(c) If the firearm safety device can be separated and reattached to the firearm without damaging the firearm, the licensed manufacturer or licensed firearms dealer shall immediately provide a conforming replacement as instructed by the Attorney General.
(d) If the firearm safety device cannot be separated from the firearm without damaging the firearm, the Attorney General may order the recall and replacement of the firearm.

SEC. 6.

 Section 27560 of the Penal Code is amended to read:

27560.
 (a) Within 60 days of bringing a handgun, and commencing January 1, 2014, any firearm, after bringing any firearm into this state, a personal firearm importer shall do one of the following:
(1) Forward by prepaid mail or deliver in person Electronically submit to the Department of Justice, a report prescribed by the department including information concerning that individual and a description of the firearm in question. The department may request photographs of the firearm to determine if the firearm is a generally prohibited weapon, assault weapon, or machinegun, or is otherwise prohibited.
(2) Sell or transfer the firearm in accordance with the provisions of Section 27545 or in accordance with the provisions of an exemption from Section 27545.
(3) Sell or transfer the firearm to a dealer licensed pursuant to Article 1 (commencing with Section 26700) and Article 2 (commencing with Section 26800) of Chapter 2.
(4) Sell or transfer the firearm to a sheriff or police department.
(b) If all of the following requirements are satisfied, the personal firearm importer shall have complied with the provisions of this section:
(1) The personal firearm importer sells or transfers the firearm pursuant to Section 27545.
(2) The sale or transfer cannot be completed by the dealer to the purchaser or transferee.
(3) The firearm can be returned to the personal firearm importer.
(c) (1) The provisions of this section are cumulative and shall not be construed as restricting the application of any other law.
(2) However, an act or omission punishable in different ways by this article and different provisions of the Penal Code shall not be punished under more than one provision.
(d) The department shall conduct a public education and notification program regarding this section to ensure a high degree of publicity of the provisions of this section.
(e) As part of the public education and notification program described in this section, the department shall do all of the following:
(1) Work in conjunction with the Department of Motor Vehicles to ensure that any person who is subject to this section is advised of the provisions of this section, and provided with blank copies of the report described in paragraph (1) of subdivision (a), at the time when that person applies for a California driver’s license or registers a motor vehicle in accordance with the Vehicle Code.
(2) Make the reports referred to in paragraph (1) of subdivision (a) available to dealers licensed pursuant to Article 1 (commencing with Section 26700) and Article 2 (commencing with Section 26800) of Chapter 2.
(3) Make the reports referred to in paragraph (1) of subdivision (a) available to law enforcement agencies.
(4) Make persons subject to the provisions of this section aware of all of the following:
(A) The report referred to in paragraph (1) of subdivision (a) may be completed at either a law enforcement agency or the licensed premises of a dealer licensed pursuant to Article 1 (commencing with Section 26700) and Article 2 (commencing with Section 26800) of Chapter 2.
(B) It is advisable to do so for the sake of accuracy and completeness of the report.
(C) Before transporting a firearm to a law enforcement agency to comply with subdivision (a), the person should give notice to the law enforcement agency that the person is doing so.
(D) In any event, the handgun should be transported unloaded and in a locked container and a firearm that is not a handgun should be transported unloaded.
(f) Any costs incurred by the department to implement this section shall be absorbed by the department within its existing budget and the fees in the Dealers’ Record of Sale Special Account allocated for implementation of subdivisions (d) and (e) of this section pursuant to Section 28235.

SEC. 7.

 Section 27966 of the Penal Code is amended to read:

27966.
 If all of the following requirements are satisfied, Section 27545 shall not apply to the sale, loan, or transfer of a firearm:
(a) The firearm is not a handgun.
(b) The firearm is a curio or relic, as defined in Section 478.11 of Title 27 of the Code of Federal Regulations, or its successor.
(c) The person receiving the firearm has a current certificate of eligibility issued pursuant to Section 26710.
(d) The person receiving the firearm is licensed as a collector pursuant to Chapter 44 of Title 18 of the United States Code and the regulations issued thereto.
(e) Within 30 days of after taking possession of the firearm, the person to whom it is transferred shall forward by prepaid mail, or deliver in person electronically submit to the Department of Justice, a report that includes information concerning the individual taking possession of the firearm, how title was obtained and from whom, and a description of the firearm in question. The report forms that individuals complete pursuant to this section shall be provided to them by the department. The department may request photographs of the firearm to determine if the firearm is a generally prohibited weapon, assault weapon, or machinegun, or is otherwise prohibited.

SEC. 8.

 Section 28000 of the Penal Code is amended to read:

28000.
 (a) A person who is exempt from Section 27545 or is otherwise not required by law to report acquisition, ownership, destruction, or disposal of a firearm, or who moves out of this state with the person’s firearm, may report electronically submit that information to the Department of Justice in a manner and format prescribed by the department.
(b) The form described in subdivision (a) shall be submitted electronically to the department and shall include, without limitation, all of the following information:
(1) The name, gender, date and place of birth, address, and telephone number of the applicant.
(2) The country of citizenship of the applicant and, if not a citizen of the United States, proof of lawful presence including a permanent resident number or Arrival/Departure Record card (I-94) number.
(3) The make, model, caliber, barrel length, type, country of origin, and serial number of the firearm, or, if the firearm does not have a serial number, the identification number, or identification mark assigned to it.
(4) The applicant’s valid California driver’s license number or valid California identification card number issued by the Department of Motor Vehicles, or a copy of the applicant’s military identification with orders indicating that the individual is stationed in California.
(5) The electronic signature of the applicant and the date of signature.
(c) Furnishing a fictitious name or address, knowingly furnishing any incorrect information, or knowingly omitting any information required to be provided for the form described in subdivision (b) is punishable as a misdemeanor.
(d) The department shall establish a fee for submission of the form described in this section and an additional fee for each additional firearm. This fee shall not exceed the reasonable and actual costs of processing the form electronically submitted pursuant to this section. The department may annually review and adjust this fee to fully fund, but not exceed, these costs.
(e) The department may request photographs of the firearm to determine if the firearm is a generally prohibited weapon, assault weapon, or machinegun, or is otherwise prohibited.
(f) Upon receipt of a completed application submitted pursuant to this section and any required fee, the department shall examine its records, as well as those records that 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.

SEC. 9.

 Section 30510 of the Penal Code is amended to read:

30510.
 As used in this chapter and in Sections 16780, 17000, and 27555, 27560, 27966, and 28000, “assault weapon” means the following designated semiautomatic firearms:
(a) All of the following specified rifles:
(1) All AK series including, but not limited to, the models identified as follows:
(A) Made in China AK, AKM, AKS, AK47, AK47S, 56, 56S, 84S, and 86S.
(B) Norinco 56, 56S, 84S, and 86S.
(C) Poly Technologies AKS and AK47.
(D) MAADI AK47 and ARM.
(2) UZI and Galil.
(3) Beretta AR-70.
(4) CETME Sporter.
(5) Colt AR-15 series.
(6) Daewoo K-1, K-2, Max 1, Max 2, AR 100, and AR 110C.
(7) Fabrique Nationale FAL, LAR, FNC, 308 Match, and Sporter.
(8) MAS 223.
(9) HK-91, HK-93, HK-94, and HK-PSG-1.
(10) The following MAC types:
(A) RPB Industries Inc. sM10 and sM11.
(B) SWD Incorporated M11.
(11) SKS with detachable magazine.
(12) SIG AMT, PE-57, SG 550, and SG 551.
(13) Springfield Armory BM59 and SAR-48.
(14) Sterling MK-6.
(15) Steyer AUG.
(16) Valmet M62S, M71S, and M78S.
(17) Armalite AR-180.
(18) Bushmaster Assault Rifle.
(19) Calico M-900.
(20) J&R ENG M-68.
(21) Weaver Arms Nighthawk.
(b) All of the following specified pistols:
(1) UZI.
(2) Encom MP-9 and MP-45.
(3) The following MAC types:
(A) RPB Industries Inc. sM10 and sM11.
(B) SWD Incorporated M-11.
(C) Advance Armament Inc. M-11.
(D) Military Armament Corp. Ingram M-11.
(4) Intratec TEC-9.
(5) Sites Spectre.
(6) Sterling MK-7.
(7) Calico M-950.
(8) Bushmaster Pistol.
(c) All of the following specified shotguns:
(1) Franchi SPAS 12 and LAW 12.
(2) Striker 12.
(3) The Streetsweeper type S/S Inc. SS/12.
(d) Any firearm declared to be an assault weapon by the court pursuant to former Section 12276.5, as it read in Section 3 of Chapter 19 of the Statutes of 1989, Section 1 of Chapter 874 of the Statutes of 1990, or Section 3 of Chapter 954 of the Statutes of 1991, which is specified as an assault weapon in a list promulgated pursuant to former Section 12276.5, as it read in Section 3 of Chapter 954 of the Statutes of 1991.
(e) This section is declaratory of existing law and a clarification of the law and the Legislature’s intent which bans the weapons enumerated in this section, the weapons included in the list promulgated by the Attorney General pursuant to former Section 12276.5, as it read in Section 3 of Chapter 954 of the Statutes of 1991, and any other models that are only variations of those weapons with minor differences, regardless of the manufacturer. The Legislature has defined assault weapons as the types, series, and models listed in this section because it was the most effective way to identify and restrict a specific class of semiautomatic weapons.
(f) As used in this section, “series” includes all other models that are only variations, with minor differences, of those models listed in subdivision (a), regardless of the manufacturer.

SEC. 6.SEC. 10.

 No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.