Existing law authorizes the court to grant pretrial diversion to a defendant diagnosed with a mental disorder if the defendant satisfies certain eligibility requirements and if the court determines that the defendant is suitable for diversion. Existing law provides that a defendant is eligible for diversion if they have been diagnosed with certain mental disorders and the court finds that the mental disorder was a significant factor in the commission of the charged offense, unless there is clear and convincing evidence that the disorder was not a motivating, causal, or contributing factor to the defendant's involvement in the alleged offense. Existing law excludes a defendant from diversion for specified charged offenses, including, among others, murder, voluntary manslaughter, rape, or continuous sexual abuse of a child, as specified. Existing law prohibits a person from being tried or adjudged to punishment while that person is mentally incompetent, establishes a process by which a defendant's mental competency is evaluated, and requires a court, before ordering a defendant to be committed to the State Department of State Hospitals or other treatment facility, to hear and determine whether the defendant lacks the capacity to make decisions regarding the administration of antipsychotic medication, as specified. This bill would revise the eligibility requirement by prohibiting the court from finding the defendant eligible solely based on the defendant's diagnosis of a mental disorder and would additionally require the court to find that the defendant is not mentally incompetent. The bill would require the defendant, in order to be eligible, to provide a written diagnosis of a mental disorder, from within the preceding 2 years, to the court and the prosecution, as specified. The bill would additionally exclude a defendant from diversion if they were charged with theft or an attempted theft offense, if the crime was carried out in a manner demonstrating planning, sophistication, or professionalism. The bill would also, unless the parties stipulate to defendant's placement in diversion, prohibit placement if the defendant has been charged with a violent felony, as specified, or certain felony offenses involving domestic violence. The bill would remove the court's authority to grant diversion or other forms of treatment when a defendant is mentally incompetent. Existing law prohibits a person subject to specified protective orders from owning a firearm or ammunition. Existing law requires a person subject to those orders to relinquish any firearms or ammunition they own. This bill would authorize the court, for a defendant charged with a crime involving domestic violence that has completed mental health diversion, to issue an order, for up to 10 years, restraining the defendant from contact with the victim, as specified. The bill would additionally require an individual subject to a protective order through the above-described provisions to relinquish their firearms or ammunition. The California Constitution entitles the victim of a crime to restitution. Existing law requires the court in each criminal case to order a convicted defendant to pay full restitution to the victim and a separate restitution fine, as specified. This bill would require that the court order restitution to the victim or victims if a defendant participates in a diversion program. This bill would make other conforming changes.
Existing law generally authorizes a court to, in the furtherance of justice, dismiss a sentencing enhancement, except if dismissal of that enhancement is prohibited by an initiative statute. Existing law provides for various sentencing enhancements, including, among others, enhancements for the use of a firearm in the commission of a felony or attempted felony, or for the damaging of property in the commission or attempted commission of a felony. This bill would require the court to impose an additional and consecutive 2-year term of state imprisonment for individuals convicted of committing a qualifying criminal activity, as specified, against a person who is an undocumented individual. By creating a new sentencing enhancement, this bill would impose a state-mandated local program. 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.
Existing law requires any person who purchases or receives a firearm to possess a firearm safety certificate. Existing law also prohibits a person from selling or transferring a firearm to any person who does not possess a firearm safety certificate. A violation of either of these provisions is punishable as a misdemeanor. Existing law requires a personal firearm importer, within 60 days of bringing any firearm into this state, to, among other things, submit a report including information concerning that individual and a description of the firearm in question to the Department of Justice. Existing law requires that a personal firearm importer be found to have complied with these provisions if certain requirements are satisfied. This bill would extend the above-described time period to within 180 days and would also require, commencing January 1, 2028, that personal firearm importer to certify under penalty of perjury that they have obtained a valid firearm safety certificate, or an exemption to the certificate requirement, as specified, and would make a failure to provide specified information in the report an infraction. The bill would prohibit a person from bringing a firearm into this state without obtaining a valid firearm safety certificate within 180 days, except as specified, and make a violation of this provision an infraction. The bill would remove the requirement that a personal firearm importer be found to have complied with these provisions if certain requirements are satisfied. By creating a new crime, and expanding the crime of perjury, this bill would impose a state-mandated local program. Existing law requires any costs incurred by the department to implement the above-described provisions regarding personal firearm importers to be absorbed by the department within its existing budget and fees allocated in the Dealers' Record of Sale Special Account. This bill would authorize the appropriation of additional funds for implementation of the above-described provisions if the department determines that sufficient funding is not available to implement these provisions. Existing law requires an applicant for a firearm safety certificate to pass a test developed by the department covering specified subjects, including, among others, the laws applicable to carrying and handling firearms and the responsibilities of ownership of firearms. This bill would require an applicant for a firearm safety certificate, on or after January 1, 2029, to complete within the prior year a training course no less than 4 hours in length that, among other things, includes instruction on firearm safety and handling and live-fire shooting exercises on a firing range. The bill would authorize the Department of Justice to promulgate regulations and provide additional information for the implementation of these provisions. This bill would provide that the provisions of this bill are severable. 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.
(1) Existing law prohibits a juvenile who is adjudged a ward of the juvenile court due to the commission of specified serious or violent offenses from subsequently owning or possessing a firearm until they are 30 years of age. Existing law requires the juvenile court to notify the Department of Justice of persons subject to these provisions, as specified. This bill would require the juvenile court to notify the department if the juvenile court grants a dismissal of a juvenile petition for an offense that subjected the juvenile to the above-described firearm prohibition. (2) Existing law authorizes certain juvenile records to be sealed upon order of the court and to subsequently be destroyed. Existing law requires a juvenile record that has been ordered to be sealed, and that contains a sustained petition making a person ineligible to own or possess a firearm, to not be destroyed until the person is 33 years of age. Existing law authorizes a record that has been sealed by a court pursuant to these provisions to be accessed, inspected, or utilized in certain circumstances, including by the Department of Justice for the purpose of determining if the person is suitable to purchase, own, or possess a firearm, as specified. This bill would authorize the Department of Justice, if it determines based on its review of a person's sealed record pursuant to the above-described provisions that a person is or may not be suitable to purchase, own, or possess a firearm, to provide the person with a copy of the record reviewed by the department. (3) Existing law prohibits a person who has been taken into custody, assessed, and admitted to a designated facility, or who has been certified for intensive treatment after having been admitted to a designated facility, because the person is a danger to themselves or others as a result of a mental health disorder, from owning a firearm, as specified. Existing law requires a facility to submit a report to the Department of Justice containing specified information and requires the report to be kept confidential, except for the purpose of court proceedings and determination of eligibility to own, possess, control, receive, or purchase a firearm, other deadly weapon, or ammunition. This bill would require a designated facility that accepts the transfer for placement of a person pursuant to the above-described provisions to be responsible for submitting the report to the department. Existing law also prohibits a person who has been adjudicated to be a danger to others as a result of a mental disorder or mental illness, or who has been adjudicated to be a mentally disordered sex offender, a person who has been found not guilty by reason of insanity of committing specified crimes, a person found by a court to be mentally incompetent to stand trial, or a person who has been placed under conservatorship by a court because the person is gravely disabled as a result of a mental disorder or impairment by chronic alcoholism from purchasing or receiving, or attempting to purchase or receive, or having possession, custody, or control of a firearm or any other deadly weapon. Existing law requires the court to notify the Department of Justice of the court order placing the person under the conservatorship and prohibiting possession of a firearm or other deadly weapon or ammunition by the person, as specified. Existing law requires all information provided to the Department of Justice regarding the conservatorship to be kept confidential and only used to determine eligibility to purchase or possesses a firearm, other deadly weapon, or ammunition, and makes a violation of this provision a misdemeanor. This bill would require all information provided to the department pursuant to the above-described provisions to be kept confidential, separate, and apart from all other records maintained by the department, except in specified circumstances, including, among others, for use by a state law enforcement agency seeking the issuance of a gun violence restraining order, and would make a violation of these provisions a misdemeanor. The bill would require notices or reports submitted pursuant to these provisions to include a copy of documents substantiating the report or detailing the listed offense prohibiting the person from possessing firearms, ammunition, or other deadly weapons, as specified. By expanding the scope of a crime, this bill would impose a state-mandated local program. Under existing law, a person who has been certified for intensive treatment under specified provisions is prohibited from owning, possessing, controlling, receiving, or purchasing, or attempting to own, possess, control, receive, or purchase, a firearm, other deadly weapon, or ammunition for a period of 5 years. This bill would require that a person who was certified for intensive treatment under the specified provisions and is released from intensive treatment following a certification review or a writ of habeas corpus to remain subject to the 5-year prohibition period described above. The bill would require a facility discharging a person certified for intensive treatment to provide the person and the Department of Justice with a copy of a specified form pertaining to the firearm prohibition. Existing law requires the Department of Justice to request specified institutions to submit information necessary to identify persons subject to the prohibitions regarding firearms, destructive devices, and explosives. This bill would require the various reports to the department to include a copy of specified identification information for persons subject to these provisions, as specified. The bill would authorize the department to use, and to give to specified entities, the information provided to the department to determine the eligibility of a person to acquire, care, or possess ammunition. This bill would make unauthorized disclosure of the information provided pursuant to these provisions a misdemeanor. (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.
Existing law requires law enforcement agencies to enter each firearm into the Department of Justice Automated Firearms System that has been reported stolen, lost, found, recovered, held for safekeeping, surrendered, relinquished, or under observation. Existing law requires these law enforcement agencies to report to the Department of Justice all available information necessary to identify and trace the history of all recovered firearms that are illegally possessed, have been used in a crime, or are suspected of having been used in a crime, within 7 calendar days of obtaining the information. Existing law requires that the information collected be maintained by the department for a period of not less than 10 years, and to be available, under guidelines set forth by the Attorney General, for academic and policy research purposes. Existing law also requires the department to, on an ongoing basis, analyze the information collected for patterns and trends relating to recovered firearms that have been illegally possessed, used in a crime, or suspected to have been used in a crime, including the leading sources and origins of those firearms. This bill would clarify that the information relied on by the department for its analysis of patterns and trends be available, upon request, to any California town, city, county, or state government agency, the California State University, the University of California, or specified private postsecondary educational institutions in California, under conditions and format options set forth by the Attorney General, as specified.
Existing law, subject to exceptions, provides that any person who has been convicted of certain misdemeanors may not, within 10 years of the conviction, own, purchase, receive, possess or have under their custody or control, any firearm and makes a violation of that prohibition punishable as a misdemeanor or a felony. Under existing law, a person who alters, removes, or obliterates, or who buys, receives, disposes of, sells, offers for sale, or has in possession any pistol, revolver, or other firearm that has had the name of the maker or model or the manufacturer's number or other mark of identification changed, altered, removed, or obliterated is guilty of a misdemeanor. This bill would prohibit a person, who is convicted on or after January 1, 2027, of the above prohibition, from owning, purchasing, receiving, or having in their possession or under their custody or control any firearm within 10 years of the conviction. By expanding the scope of an existing crime, the bill would create a state-mandated local program. This bill would provide that the provisions of this bill are severable. This bill would incorporate additional changes to Section 29805 of the Penal Code proposed by AB 1753 to be operative only if this bill and AB 1753 are enacted and this bill is enacted last. 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.
(1) Existing law establishes procedures by which a person may petition the court for certain protective or restraining orders, including civil harassment restraining orders, domestic violence restraining orders, elder or dependent adult abuse restraining orders, gun violence restraining orders, postsecondary school restraining orders, and workplace violence restraining orders, to enjoin a restrained person from taking specified actions. Before a hearing on the issuance or denial of a domestic violence restraining order or gun violence restraining order, existing law requires the court to ensure that a search has been conducted to determine, among other things, if the subject of the proposed order owns or possesses a firearm as reflected in the Department of Justice Automated Firearms System. If after the search, the court finds that the subject of the proposed order owns or possesses a firearm, existing law requires the court to make a written record as to whether the subject has relinquished the firearm and provided proof of the required storage, sale, or relinquishment of the firearm. Upon a court's issuance of such a protective order, existing law requires the restrained person to relinquish any firearm and ammunition in that person's immediate possession or control, according to specified procedures. Existing law prescribes procedures by which the restrained person must certify compliance with the court, and for the court to determine, by a preponderance of the evidence, whether the person has a firearm in violation of the order. This bill would make clarifying and conforming changes to the procedures relating to the protective or restraining orders described above by explicitly requiring the restrained person to relinquish, in addition to any firearm, any ammunition in that person's immediate possession or control. The bill, commencing January 1, 2028, would require courts to permit a party or witness to appear remotely at a hearing for a postsecondary educational institution or workplace violence restraining order at no cost. This bill would also require courts to develop rules and instructions for such remote appearances and to post them on their internet websites. The bill would also, commencing on January 1, 2028, require courts to allow filings related to those protective orders to be submitted electronically, as specified. (2) Existing law prohibits court from granting a temporary restraining order without notice to the respondent, except as specified. Existing law requires a peace officer, upon the request of a petitioner, to serve any civil harassment restraining order, domestic violence restraining order, elder or dependent adult abuse restraining order, gun violence restraining order, postsecondary school restraining order, or workplace violence restraining order on the respondent, whether or not the respondent has been taken into custody. Existing law prescribes procedures that a sheriff or marshal must follow when serving a writ, warrant, summons, order, or other process issued by a superior court in a civil action or proceeding. Existing law requires the Judicial Council, on or before January 1, 2024, to create a statewide form or forms to be used by litigants in civil actions or proceedings to request service of process or notice by a marshal or sheriff. This bill, commencing January 1, 2028, would prohibit a court from requiring notice to be provided to the party to be restrained in advance of accepting a filing for, or deciding, an application for an ex parte restraining order, as specified, if the applicant or the applicant's attorney certifies to the court under oath that providing notice to the party to be restrained in advance of filing the petition would likely endanger the safety of the petitioner or other persons. The bill, commencing January 1, 2028, would require a peace officer, as defined, to follow the procedures that apply to a sheriff or marshal when serving a writ, warrant, summons, order, or other process issued by a superior court, as described above. The bill would require the Judicial Council, on or before January 1, 2028, to create a statewide form or forms to be used by litigants in civil actions or proceedings to request service of process or notice by a marshal or sheriff, or by a peace officer serving any of the restraining or protective orders described above. By expanding the duties of peace officers, which include officers of local law enforcement agencies, and expanding the crime of perjury, this bill would impose a state-mandated local program. (3) Existing law requires, on any charge involving acts of domestic violence, that the district attorney or prosecuting city attorney conduct a search of certain databases for protective or restraining orders, as specified. This bill would additionally require the district attorney or prosecuting city attorney to conduct a search of the Department of Justice Automated Firearms System. By expanding the duties of the district attorney or prosecuting city attorney, this bill would impose a state-mandated local program. Under existing law, before a hearing on the issuance or denial of a domestic violence restraining order, the court must ensure that a search is or has been conducted to determine if the subject of the proposed order has, among other things, a prior criminal conviction for a violent or serious felony, owns or possesses a firearm, as reflected in the Department of Justice Automated Firearms System, or has a prior restraining order or violation thereof. Existing law requires this search to be conducted of specified records and databases readily available and reasonably accessible to the court. Existing law requires the court, after issuing its ruling, to advise the parties that they may request the information upon which the court relied to conduct the search and information obtained as a result of the search to be maintained in a confidential case file, except as specified. This bill would authorize a court to order any of the searches described above to be conducted before a hearing on the issuance or denial of a civil harassment restraining order, elder or dependent adult abuse restraining order, gun violence restraining order, postsecondary school restraining order, or workplace violence restraining order. The bill would require the court, after issuing its ruling, to provide the advisement to the parties described above, and to keep the information obtained as a result of any search to be maintained in a confidential case file, except as specified. (4) Existing law requires a court, when issuing a gun violence restraining order, to notify the Department of Justice regarding the order. Existing law requires the court, when issuing protective orders and firearm or ammunition relinquishment orders, to notify the prosecuting agency and law enforcement officials, as specified, in order, to enable the prosecuting agency and law enforcement officials to take necessary actions to obtain any firearms or ammunition owned, possessed, or controlled by the subject of the order. This bill would require local law enforcement agencies and prosecuting agencies, as defined, to designate a person responsible for accessing or receiving notifications from the superior court indicating that a person has violated a protective or restraining orders' firearm relinquishment requirement and to regularly ensure that the clerk of the court has updated contact information for the person designated to receive those notifications on behalf of the agency. This bill would also require each prosecuting agency to ensure that a protected person or protected people named in the order are notified about the issuance, terms, and duration of the protective order, except as specified. The bill would require each prosecuting agency to develop, adopt, and implement written policies and standards regarding notification to protected parties on or before January 1, 2028, as specified. By placing new requirements on local law enforcement agencies and prosecuting agencies, this bill would impose a state-mandated local program. This bill, commencing January 1, 2028, would authorize a law enforcement agency or officer to seek enforcement of a valid extreme risk protection order issued by another state or jurisdiction. The bill would define an extreme risk protection order as an injunction, restraining order, or other civil or criminal court order issued by another state or jurisdiction that does not name a protected individual, but prohibits the subject of the order from possessing, owning, controlling, purchasing, or receiving firearms for the duration of the order based on evidence that the subject of the order poses a danger to themselves or others. The bill would require a valid extreme risk protection order to be registered with a court in this state if requested by a law enforcement officer or other petitioner. (5) Existing law requires each county to electronically transmit data regarding protective orders through the California Law Enforcement Telecommunications System of the Department of Justice, as specified. Existing law requires the Department of Justice to maintain the California Restraining and Protective Order System that contains detailed information regarding protective and restraining orders and injunctions, as specified, and to make that information available to court clerks and law enforcement personnel. This bill would extend these reporting requirements to include any protective order or restraining orders issued pursuant to specified sections, including a gun violence restraining order or an extreme risk protection order. (6) Existing law, the Uniform Interstate Enforcement of Domestic Violence Protection Orders Act, authorizes the enforcement of a valid foreign protection order in a tribunal of this state under certain conditions. The bill would expand the definition of a protection order to include any injunction or order under the federal Violence Against Women Act and would extend these provisions to orders issued by any state or other jurisdiction. The bill would make conforming changes. (7) Existing law authorizes the Department of Justice, subject to an appropriation by the Legislature, to establish or contract with a vendor to establish an automated protected person information and notification system, as specified. This bill would authorize the department to establish or contract with a vendor to create the above-described notification system through the availability of necessary funding through grants or other sources. (8) Existing law, subject to exceptions, provides that any person who has been convicted of certain misdemeanors may not, within 10 years of the conviction, own, purchase, receive, possess or have under their custody or control, any firearm and makes a violation of that prohibition punishable as a misdemeanor or a felony. This bill would prohibit a person, who is convicted on or after January 1, 2027, of specified offenses, including misdemeanor violations of a gun violence restraining order or other protective orders, or violations that constitute a hate crime, from owning, purchasing, receiving, or having in their possession or under their custody or control any firearm within 10 years of the conviction, and would make conforming changes. By expanding the scope of an existing crime, the bill would create a state-mandated local program. (9) Existing law requires a peace officer who is at the scene of a domestic violence incident or enforcing a domestic violence restraining order or gun violence restraining order to take temporary custody of any firearm or other deadly weapon in plain sight or discovered pursuant to a consensual or otherwise lawful search, as specified. This bill would additionally require a peace officer to take temporary custody of any ammunition in plain sight or discovered pursuant to such a search. By expanding the duties of local law enforcement agencies, this bill would impose a state-mandated local program. (10) This bill would provide that its provisions are severable. (11) This bill would provide that if AB 2179 is enacted, then the changes made to Section 527.8 of the Code of Civil Procedure by this bill would not be operative. This bill would incorporate additional changes to Section 527.8 of the Code of Civil Procedure proposed by AB 1961 to be operative only if this bill and AB 1961 are enacted and this bill is enacted last. This bill would incorporate additional changes to Section 527.85 of the Code of Civil Procedure proposed by SB 1374 to be operative only if this bill and SB 1374 are enacted and this bill is enacted last. This bill would incorporate additional changes to Section 6383 of the Family Code proposed by SB 99 and SB 1395, to be operative only if this bill and either or both of those bills are enacted and this bill is enacted last. This bill would incorporate additional changes to Section 29805 of the Penal Code proposed by SB 1220 to be operative only if this bill and SB 1220 are enacted and this bill is enacted last. (12) 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 with regard to certain mandates no reimbursement is required by this act for a specified reason. With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Existing law requires the Department of Justice to keep a centralized list of all persons who are licensed firearms dealers and satisfy certain requirements, including having a valid federal firearms license and a regulatory or business license required by local government. Existing law requires the department to remove a person from the list if the person's federal license has expired or been revoked. Existing law, beginning on January 1, 2024, requires the department to conduct inspections of firearms dealers at least every 3 years, except as provided, to ensure compliance with specified requirements. As part of the department's inspections of firearms dealers, existing law requires the department to audit a dealer's records that includes a sampling of at least 25% but no more than 50% of each record type. Existing law requires the department to assess annual fees not to exceed specified amounts to cover the reasonable costs of inspecting and maintaining this list and other similar centralized lists. This bill would require the department to remove from the list a person who fails to comply with the requirements to be on the list and authorize the department to remove a person from the list who fails to remedy specified violations discovered as a result of the above-described inspections. The bill would subject a person removed from the list for failure to remedy specified violations to a fine and would authorize that person to be ineligible to be placed on the list for a period of 2 years. The bill would require the department to conduct a yearly inspection of the 10 firearm dealer locations with the highest percentage of firearms that were recovered by law enforcement and found to be illegally possessed, used in a crime, or suspected to have been used in a crime, as specified, pursuant to a certain yearly report. The bill would, for the fees charged for inspecting and maintaining the above-described lists, instead require the department to assess a reasonable annual fee. The bill would prohibit a fee adjustment from exceeding 15% over the previous year and exceeding the amount necessary to cover the costs described above.
Existing law, the California Fair Employment and Housing Act, except as specified, makes it an unlawful employment practice for an employer with 5 or more employees to include on any application for employment, before the employer makes a conditional offer of employment to the applicant, any question that seeks the disclosure of an applicant's conviction history, to consider the conviction history of the applicant until after the employer has made a conditional offer of employment to the applicant, or to distribute information about an arrest not followed by conviction, referral to or participation in a pretrial or posttrial diversion program, or convictions that have been sealed, dismissed, expunged, or statutorily eradicated or any conviction for which the convicted person has received a full pardon or has been issued a certificate of rehabilitation while conducting a conviction history background check in connection with an application for employment, as specified. This bill would define the term "conviction or arrest record," for these purposes. The bill would include among those things that it is unlawful for an employer with 5 or more employees to do while conducting a conviction history background check in connection with an application for employment, asking any question that directly or indirectly seeks consent for a conviction history background check or requesting consent for or beginning a conviction history background check before providing the applicant with a list of all essential job duties, requiring a job applicant to cover the cost of a conviction history background check, or requiring any time before or after the conditional job offer, that an applicant self-disclose conviction history or provide the employer with any documentary evidence related to conviction history or rehabilitation, as specified. Existing law requires an employer that intends to deny an applicant a position of employment solely or in part because of the applicant's conviction history to make an individualized assessment of whether the applicant's conviction history has a direct and adverse relationship with the specific duties of the job that justify denying the applicant the position considering specified factors. This bill, instead, would prohibit an employer from denying an applicant a position of employment or taking any other adverse action solely or in part because of the applicant's conviction history unless the employer first, reasonably and in good faith, demonstrates via an individualized assessment, that the applicant's conviction history has a direct and adverse relationship with the specific duties of the job that justifies denying the applicant the position and it complies with a specified process. The bill would require the employer to commit the results of the individualized assessment to writing if it makes a decision to deny a position of employment or takes any adverse action. The bill would specify that it is not an adverse action for an employer to temporarily suspend an employee, with pay and for a reasonable amount of time, while the employer complies with the requirements of these provisions. Existing law makes these provisions inapplicable to a position as a farm labor contractor, as specified or to a position where an employer or agent thereof is required by any state, federal, or local law to conduct criminal background checks for employment purposes or to restrict employment based on criminal history. This bill would remove the exemption for farm labor contractors.
Existing law makes it a crime to knowingly or willfully cause another person to engage in the unlawful manufacture of firearms or knowingly or willfully aiding, abetting, prompting, or facilitating the unlawful manufacture of firearms, including the manufacture of assault weapons or .50 BMG rifles or the manufacture of any firearm using a 3-dimensional printer, as specified. Existing law authorizes a civil action against a person who knowingly distributes or causes to be distributed any digital firearm manufacturing code to any person, except as specified. Existing law authorizes the Attorney General, county counsel, or city attorney to bring an action against this person and seek a civil penalty, as specified, for each violation, as well as injunctive relief. This bill would require the Department of Justice to check on a quarterly basis beginning no later than July 1, 2027, whether ASTM International has published industry standards for equipping 3-dimensional printers with firearm blocking technology. The bill would require, if the department determines that ASTM International has published or adopted industry standards for firearm blocking technology for 3-dimensional printers, that the department publish written guidance or regulations within 24 months after making that determination. The bill would require, among other things, the written guidance or regulations to describe minimum performance standards for 3-dimensional printer firearm blocking technology before a printer can lawfully be sold or offered for sale in the state. If, as of July 1, 2029, the department determines that ASTM International has not published industry standards for firearm blocking technology for 3-dimensional printers, the bill would relieve the department of any further responsibility to ascertain whether ASTM International has published or adopted industry standards. The bill would make it unlawful to sell, offer for sale, or transfer for consideration, a 3-dimensional printer in the State of California that is not equipped with firearm blocking technology that also meets the above-described industry standards. The bill would exempt printers used exclusively for the manufacturing of properties (props) in the entertainment industry, and would authorize the department to adopt regulations that provide for additional exceptions to these provisions. This bill would also exempt a person who distributes, or causes the distribution of, digital firearm manufacturing code, solely for the bona fide purpose of, among other things, developing, refining, and testing the functionality of a firearm blocking technology from civil liability. This bill would make these provisions severable.
