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| 1 | + | CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 736Introduced by Assembly Member GipsonFebruary 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, the Penal Code, relating to firearms. LEGISLATIVE COUNSEL'S DIGESTAB 736, as introduced, 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. Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO Bill TextThe people of the State of California do enact as follows: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: Article 2. Grounds for Forfeiture of License Disciplinary Action Against LicenseeSEC. 2. Section 26800 of the Penal Code is amended to read:26800. (a) A license under this chapter is subject to forfeiture disciplinary action for a breach of any of the prohibitions and requirements of this article, except those stated in the following provisions:(a)(1) Subdivision (c) of Section 26890.(b)(2) Subdivision (d) of Section 26890.(c)(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. | |
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| 3 | - | ||
| 3 | + | CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 736Introduced by Assembly Member GipsonFebruary 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, the Penal Code, relating to firearms. LEGISLATIVE COUNSEL'S DIGESTAB 736, as introduced, 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. Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO | |
| 4 | 4 | ||
| 5 | - | Amended IN Assembly March 27, 2017 | |
| 6 | 5 | ||
| 7 | - | Amended IN Assembly March 27, 2017 | |
| 6 | + | ||
| 7 | + | ||
| 8 | 8 | ||
| 9 | 9 | CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION | |
| 10 | 10 | ||
| 11 | 11 | Assembly Bill No. 736 | |
| 12 | 12 | ||
| 13 | 13 | Introduced by Assembly Member GipsonFebruary 15, 2017 | |
| 14 | 14 | ||
| 15 | 15 | Introduced by Assembly Member Gipson | |
| 16 | 16 | February 15, 2017 | |
| 17 | 17 | ||
| 18 | - | 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, | |
| 18 | + | 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, the Penal Code, relating to firearms. | |
| 19 | 19 | ||
| 20 | 20 | LEGISLATIVE COUNSEL'S DIGEST | |
| 21 | 21 | ||
| 22 | 22 | ## LEGISLATIVE COUNSEL'S DIGEST | |
| 23 | 23 | ||
| 24 | - | AB 736, as | |
| 24 | + | AB 736, as introduced, Gipson. Firearms: dealer licensing. | |
| 25 | 25 | ||
| 26 | - | 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. | |
| 26 | + | 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. | |
| 27 | 27 | ||
| 28 | 28 | 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. | |
| 29 | 29 | ||
| 30 | - | 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. | |
| 30 | + | 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. | |
| 31 | 31 | ||
| 32 | 32 | ## Digest Key | |
| 33 | 33 | ||
| 34 | 34 | ## Bill Text | |
| 35 | 35 | ||
| 36 | - | The people of the State of California do enact as follows:SECTION 1. | |
| 36 | + | The people of the State of California do enact as follows: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: Article 2. Grounds for Forfeiture of License Disciplinary Action Against LicenseeSEC. 2. Section 26800 of the Penal Code is amended to read:26800. (a) A license under this chapter is subject to forfeiture disciplinary action for a breach of any of the prohibitions and requirements of this article, except those stated in the following provisions:(a)(1) Subdivision (c) of Section 26890.(b)(2) Subdivision (d) of Section 26890.(c)(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. | |
| 37 | 37 | ||
| 38 | 38 | The people of the State of California do enact as follows: | |
| 39 | 39 | ||
| 40 | 40 | ## The people of the State of California do enact as follows: | |
| 41 | 41 | ||
| 42 | - | SECTION 1. Section | |
| 42 | + | 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: Article 2. Grounds for Forfeiture of License Disciplinary Action Against Licensee | |
| 43 | 43 | ||
| 44 | - | SECTION 1. Section | |
| 44 | + | 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: | |
| 45 | 45 | ||
| 46 | 46 | ### SECTION 1. | |
| 47 | 47 | ||
| 48 | - | ||
| 48 | + | Article 2. Grounds for Forfeiture of License Disciplinary Action Against Licensee | |
| 49 | 49 | ||
| 50 | - | ||
| 50 | + | Article 2. Grounds for Forfeiture of License Disciplinary Action Against Licensee | |
| 51 | 51 | ||
| 52 | - | 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. | |
| 52 | + | Article 2. Grounds for Forfeiture of License Disciplinary Action Against Licensee | |
| 53 | + | ||
| 54 | + | Article 2. Grounds for Forfeiture of License Disciplinary Action Against Licensee | |
| 55 | + | ||
| 56 | + | SEC. 2. Section 26800 of the Penal Code is amended to read:26800. (a) A license under this chapter is subject to forfeiture disciplinary action for a breach of any of the prohibitions and requirements of this article, except those stated in the following provisions:(a)(1) Subdivision (c) of Section 26890.(b)(2) Subdivision (d) of Section 26890.(c)(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. | |
| 57 | + | ||
| 58 | + | SEC. 2. Section 26800 of the Penal Code is amended to read: | |
| 59 | + | ||
| 60 | + | ### SEC. 2. | |
| 61 | + | ||
| 62 | + | 26800. (a) A license under this chapter is subject to forfeiture disciplinary action for a breach of any of the prohibitions and requirements of this article, except those stated in the following provisions:(a)(1) Subdivision (c) of Section 26890.(b)(2) Subdivision (d) of Section 26890.(c)(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. | |
| 63 | + | ||
| 64 | + | 26800. (a) A license under this chapter is subject to forfeiture disciplinary action for a breach of any of the prohibitions and requirements of this article, except those stated in the following provisions:(a)(1) Subdivision (c) of Section 26890.(b)(2) Subdivision (d) of Section 26890.(c)(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. | |
| 65 | + | ||
| 66 | + | 26800. (a) A license under this chapter is subject to forfeiture disciplinary action for a breach of any of the prohibitions and requirements of this article, except those stated in the following provisions:(a)(1) Subdivision (c) of Section 26890.(b)(2) Subdivision (d) of Section 26890.(c)(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. | |
| 53 | 67 | ||
| 54 | 68 | ||
| 55 | 69 | ||
| 56 | - | ||
| 70 | + | 26800. (a) A license under this chapter is subject to forfeiture disciplinary action for a breach of any of the prohibitions and requirements of this article, except those stated in the following provisions: | |
| 57 | 71 | ||
| 58 | - | (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. | |
| 59 | - | ||
| 60 | - | (2) The dealer has knowingly or with gross negligence violated a provision listed in Section 16575. | |
| 61 | - | ||
| 62 | - | (b) The amount of the civil fine authorized in subdivision (a) shall be as follows: | |
| 63 | - | ||
| 64 | - | (1) For a first violation, a civil fine of five hundred dollars ($500). | |
| 65 | - | ||
| 66 | - | (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). | |
| 67 | - | ||
| 68 | - | (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). | |
| 69 | - | ||
| 70 | - | (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. | |
| 71 | - | ||
| 72 | - | ||
| 73 | - | ||
| 74 | - | ||
| 75 | - | ||
| 76 | - | ||
| 77 | - | ||
| 78 | - | ||
| 79 | - | ||
| 80 | - | (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: | |
| 72 | + | (a) | |
| 81 | 73 | ||
| 82 | 74 | ||
| 83 | 75 | ||
| 84 | 76 | (1) Subdivision (c) of Section 26890. | |
| 85 | 77 | ||
| 78 | + | (b) | |
| 79 | + | ||
| 86 | 80 | ||
| 87 | 81 | ||
| 88 | 82 | (2) Subdivision (d) of Section 26890. | |
| 83 | + | ||
| 84 | + | (c) | |
| 89 | 85 | ||
| 90 | 86 | ||
| 91 | 87 | ||
| 92 | 88 | (3) Subdivision (b) of Section 26900. | |
| 93 | 89 | ||
| 94 | - | ||
| 95 | - | ||
| 96 | 90 | (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): | |
| 97 | - | ||
| 98 | - | ||
| 99 | 91 | ||
| 100 | 92 | (1) For a first violation, a civil fine of $500. | |
| 101 | 93 | ||
| 102 | - | ||
| 103 | - | ||
| 104 | 94 | (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. | |
| 105 | 95 | ||
| 106 | - | ||
| 107 | - | ||
| 108 | 96 | (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. | |
| 109 | - | ||
| 110 | - | ||
| 111 | 97 | ||
| 112 | 98 | (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. |