The proposed changes are predominantly technical and nonsubstantive, which means they do not intend to alter the fundamental principles or enforcement of firearms regulations but rather to streamline the language and provisions contained in the existing statutes. By refining the notification process for dealers when they learn that a purchaser is prohibited from owning a firearm, AB 1195 aims to enhance compliance with federal and state laws governing the sale and possession of firearms.
Assembly Bill 1195, introduced by Assembly Member Melendez, proposes amendments to Section 26815 of the Penal Code, which deals with the transfer of firearms. The bill primarily aims to simplify and clarify existing regulations related to firearms dealers' responsibilities when processing background checks for firearm purchasers. Current law mandates that firearm dealers submit information to the Department of Justice for the purpose of conducting background checks, and they are required to notify individuals who are legally prohibited from possessing firearms.
While the bill is suggestive of an intent to clarify the existing law, there may be some contention about its efficacy and necessity given the current regulations in place. Critics of proposed changes in firearm legislation might argue that any amendments, however technical, could inadvertently impact how dealers manage their responsibilities under the law. This could raise concerns among advocates for stricter gun control, who may perceive any alterations as potential loopholes or misunderstandings in firearm regulations.