California 2021-2022 Regular Session

California Assembly Bill AB228 Compare Versions

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Version 2 (New)

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1		-	Assembly Bill No. ~~228 CHAPTER 138~~ An act to amend Section 26720 of the Penal Code, relating to firearms. ~~[ Approved by Governor July 21, 2022. Filed with Secretary of State July 21, 2022. ]~~ LEGISLATIVE COUNSEL'S DIGESTAB 228, Rodriguez. Firearms.Existing law authorizes the licensing authority of a city, county, or a city and county to grant licenses to sell firearms at retail within the city, county, or city and county. Existing law requires the Department of Justice to maintain a list of licensed firearms dealers. Existing law authorizes the department to inspect dealers to ensure compliance with specified provisions of firearms law and to assess an annual fee to cover the reasonable costs of maintaining the dealer list and conducting inspections. Existing law exempts a dealer located in a jurisdiction that has adopted an inspection program to ensure compliance with firearms law from that portion of the departments fee that relates to the cost of inspections.This bill would, commencing January 1, 2024, require the department to conduct inspections of dealers at least every 3 years, with the exception of a dealer whose place of business is located in a jurisdiction that has adopted an inspection program. The bill would authorize the department to inspect a dealer whose place of business is located in a jurisdiction that has adopted an inspection program. The bill would also specify minimum sampling standards for the audit of dealer records during an inspection. 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. Section 26720 of the Penal Code is amended to read:26720. (a) The Department of Justice may conduct inspections of dealers at least every three years to ensure compliance with Section 16575.(1) Commencing on January 1, 2024, the department shall conduct inspections of all dealers, except a dealer specified in subdivision (c), at least once every three years, to ensure compliance with Section 16575.(2) Inspections of dealers pursuant to this subdivision shall include an audit of dealer records that includes a sampling of at least 25 percent but no more than 50 percent of each record type.(b) The department may assess an annual fee, not to exceed one hundred fifteen dollars ($115), to cover the reasonable cost of maintaining the list described in Section 26715, including the cost of inspections.(c) A dealer whose place of business is located in a jurisdiction that has adopted an inspection program to ensure compliance with firearms law is exempt from that portion of the departments fee that relates to the cost of inspections. The applicant is responsible for providing evidence to the department that the jurisdiction in which the business is located has the inspection program. The department may inspect a dealer who is exempt from mandatory inspections under subdivision (b) to ensure compliance with Section 16575.
	1	+	Enrolled June 29, 2022 Passed IN Senate June 27, 2022 Passed IN Assembly January 31, 2022 Amended IN Assembly January 24, 2022 Amended IN Assembly January 03, 2022 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Assembly Bill No. 228Introduced by Assembly Member RodriguezJanuary 12, 2021 An act to amend Section 26720 of the Penal Code, relating to firearms.LEGISLATIVE COUNSEL'S DIGESTAB 228, Rodriguez. Firearms.Existing law authorizes the licensing authority of a city, county, or a city and county to grant licenses to sell firearms at retail within the city, county, or city and county. Existing law requires the Department of Justice to maintain a list of licensed firearms dealers. Existing law authorizes the department to inspect dealers to ensure compliance with specified provisions of firearms law and to assess an annual fee to cover the reasonable costs of maintaining the dealer list and conducting inspections. Existing law exempts a dealer located in a jurisdiction that has adopted an inspection program to ensure compliance with firearms law from that portion of the departments fee that relates to the cost of inspections.This bill would, commencing January 1, 2024, require the department to conduct inspections of dealers at least every 3 years, with the exception of a dealer whose place of business is located in a jurisdiction that has adopted an inspection program. The bill would authorize the department to inspect a dealer whose place of business is located in a jurisdiction that has adopted an inspection program. The bill would also specify minimum sampling standards for the audit of dealer records during an inspection. 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. Section 26720 of the Penal Code is amended to read:26720. (a) The Department of Justice may conduct inspections of dealers at least every three years to ensure compliance with Section 16575.(1) Commencing on January 1, 2024, the department shall conduct inspections of all dealers, except a dealer specified in subdivision (c), at least once every three years, to ensure compliance with Section 16575.(2) Inspections of dealers pursuant to this subdivision shall include an audit of dealer records that includes a sampling of at least 25 percent but no more than 50 percent of each record type.(b) The department may assess an annual fee, not to exceed one hundred fifteen dollars ($115), to cover the reasonable cost of maintaining the list described in Section 26715, including the cost of inspections.(c) A dealer whose place of business is located in a jurisdiction that has adopted an inspection program to ensure compliance with firearms law is exempt from that portion of the departments fee that relates to the cost of inspections. The applicant is responsible for providing evidence to the department that the jurisdiction in which the business is located has the inspection program. The department may inspect a dealer who is exempt from mandatory inspections under subdivision (b) to ensure compliance with Section 16575.
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3		-	Assembly Bill No. ~~228 CHAPTER 138~~ An act to amend Section 26720 of the Penal Code, relating to firearms. ~~[ Approved by Governor July 21, 2022. Filed with Secretary of State July 21, 2022. ]~~ LEGISLATIVE COUNSEL'S DIGESTAB 228, Rodriguez. Firearms.Existing law authorizes the licensing authority of a city, county, or a city and county to grant licenses to sell firearms at retail within the city, county, or city and county. Existing law requires the Department of Justice to maintain a list of licensed firearms dealers. Existing law authorizes the department to inspect dealers to ensure compliance with specified provisions of firearms law and to assess an annual fee to cover the reasonable costs of maintaining the dealer list and conducting inspections. Existing law exempts a dealer located in a jurisdiction that has adopted an inspection program to ensure compliance with firearms law from that portion of the departments fee that relates to the cost of inspections.This bill would, commencing January 1, 2024, require the department to conduct inspections of dealers at least every 3 years, with the exception of a dealer whose place of business is located in a jurisdiction that has adopted an inspection program. The bill would authorize the department to inspect a dealer whose place of business is located in a jurisdiction that has adopted an inspection program. The bill would also specify minimum sampling standards for the audit of dealer records during an inspection. Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO
	3	+	Enrolled June 29, 2022 Passed IN Senate June 27, 2022 Passed IN Assembly January 31, 2022 Amended IN Assembly January 24, 2022 Amended IN Assembly January 03, 2022 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Assembly Bill No. 228Introduced by Assembly Member RodriguezJanuary 12, 2021 An act to amend Section 26720 of the Penal Code, relating to firearms.LEGISLATIVE COUNSEL'S DIGESTAB 228, Rodriguez. Firearms.Existing law authorizes the licensing authority of a city, county, or a city and county to grant licenses to sell firearms at retail within the city, county, or city and county. Existing law requires the Department of Justice to maintain a list of licensed firearms dealers. Existing law authorizes the department to inspect dealers to ensure compliance with specified provisions of firearms law and to assess an annual fee to cover the reasonable costs of maintaining the dealer list and conducting inspections. Existing law exempts a dealer located in a jurisdiction that has adopted an inspection program to ensure compliance with firearms law from that portion of the departments fee that relates to the cost of inspections.This bill would, commencing January 1, 2024, require the department to conduct inspections of dealers at least every 3 years, with the exception of a dealer whose place of business is located in a jurisdiction that has adopted an inspection program. The bill would authorize the department to inspect a dealer whose place of business is located in a jurisdiction that has adopted an inspection program. The bill would also specify minimum sampling standards for the audit of dealer records during an inspection. Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO
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5		-	Assembly ~~Bill No.~~ ~~228 CHAPTER 138~~
	5	+	Enrolled June 29, 2022 Passed IN Senate June 27, 2022 Passed IN Assembly January 31, 2022 Amended IN Assembly January 24, 2022 Amended IN Assembly January 03, 2022
6	6
7		-	Assembly Bill No. 228
	7	+	Enrolled June 29, 2022
	8	+	Passed IN Senate June 27, 2022
	9	+	Passed IN Assembly January 31, 2022
	10	+	Amended IN Assembly January 24, 2022
	11	+	Amended IN Assembly January 03, 2022
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9		-	CHAPTER 138
	13	+	CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION
	14	+
	15	+	Assembly Bill
	16	+
	17	+	No. 228
	18	+
	19	+	Introduced by Assembly Member RodriguezJanuary 12, 2021
	20	+
	21	+	Introduced by Assembly Member Rodriguez
	22	+	January 12, 2021
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11	24		An act to amend Section 26720 of the Penal Code, relating to firearms.
12		-
13		-	[ Approved by Governor July 21, 2022. Filed with Secretary of State July 21, 2022. ]
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15	26		LEGISLATIVE COUNSEL'S DIGEST
16	27
17	28		## LEGISLATIVE COUNSEL'S DIGEST
18	29
19	30		AB 228, Rodriguez. Firearms.
20	31
21	32		Existing law authorizes the licensing authority of a city, county, or a city and county to grant licenses to sell firearms at retail within the city, county, or city and county. Existing law requires the Department of Justice to maintain a list of licensed firearms dealers. Existing law authorizes the department to inspect dealers to ensure compliance with specified provisions of firearms law and to assess an annual fee to cover the reasonable costs of maintaining the dealer list and conducting inspections. Existing law exempts a dealer located in a jurisdiction that has adopted an inspection program to ensure compliance with firearms law from that portion of the departments fee that relates to the cost of inspections.This bill would, commencing January 1, 2024, require the department to conduct inspections of dealers at least every 3 years, with the exception of a dealer whose place of business is located in a jurisdiction that has adopted an inspection program. The bill would authorize the department to inspect a dealer whose place of business is located in a jurisdiction that has adopted an inspection program. The bill would also specify minimum sampling standards for the audit of dealer records during an inspection.
22	33
23	34		Existing law authorizes the licensing authority of a city, county, or a city and county to grant licenses to sell firearms at retail within the city, county, or city and county. Existing law requires the Department of Justice to maintain a list of licensed firearms dealers. Existing law authorizes the department to inspect dealers to ensure compliance with specified provisions of firearms law and to assess an annual fee to cover the reasonable costs of maintaining the dealer list and conducting inspections. Existing law exempts a dealer located in a jurisdiction that has adopted an inspection program to ensure compliance with firearms law from that portion of the departments fee that relates to the cost of inspections.
24	35
25	36		This bill would, commencing January 1, 2024, require the department to conduct inspections of dealers at least every 3 years, with the exception of a dealer whose place of business is located in a jurisdiction that has adopted an inspection program. The bill would authorize the department to inspect a dealer whose place of business is located in a jurisdiction that has adopted an inspection program. The bill would also specify minimum sampling standards for the audit of dealer records during an inspection.
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27	38		## Digest Key
28	39
29	40		## Bill Text
30	41
31	42		The people of the State of California do enact as follows:SECTION 1. Section 26720 of the Penal Code is amended to read:26720. (a) The Department of Justice may conduct inspections of dealers at least every three years to ensure compliance with Section 16575.(1) Commencing on January 1, 2024, the department shall conduct inspections of all dealers, except a dealer specified in subdivision (c), at least once every three years, to ensure compliance with Section 16575.(2) Inspections of dealers pursuant to this subdivision shall include an audit of dealer records that includes a sampling of at least 25 percent but no more than 50 percent of each record type.(b) The department may assess an annual fee, not to exceed one hundred fifteen dollars ($115), to cover the reasonable cost of maintaining the list described in Section 26715, including the cost of inspections.(c) A dealer whose place of business is located in a jurisdiction that has adopted an inspection program to ensure compliance with firearms law is exempt from that portion of the departments fee that relates to the cost of inspections. The applicant is responsible for providing evidence to the department that the jurisdiction in which the business is located has the inspection program. The department may inspect a dealer who is exempt from mandatory inspections under subdivision (b) to ensure compliance with Section 16575.
32	43
33	44		The people of the State of California do enact as follows:
34	45
35	46		## The people of the State of California do enact as follows:
36	47
37	48		SECTION 1. Section 26720 of the Penal Code is amended to read:26720. (a) The Department of Justice may conduct inspections of dealers at least every three years to ensure compliance with Section 16575.(1) Commencing on January 1, 2024, the department shall conduct inspections of all dealers, except a dealer specified in subdivision (c), at least once every three years, to ensure compliance with Section 16575.(2) Inspections of dealers pursuant to this subdivision shall include an audit of dealer records that includes a sampling of at least 25 percent but no more than 50 percent of each record type.(b) The department may assess an annual fee, not to exceed one hundred fifteen dollars ($115), to cover the reasonable cost of maintaining the list described in Section 26715, including the cost of inspections.(c) A dealer whose place of business is located in a jurisdiction that has adopted an inspection program to ensure compliance with firearms law is exempt from that portion of the departments fee that relates to the cost of inspections. The applicant is responsible for providing evidence to the department that the jurisdiction in which the business is located has the inspection program. The department may inspect a dealer who is exempt from mandatory inspections under subdivision (b) to ensure compliance with Section 16575.
38	49
39	50		SECTION 1. Section 26720 of the Penal Code is amended to read:
40	51
41	52		### SECTION 1.
42	53
43	54		26720. (a) The Department of Justice may conduct inspections of dealers at least every three years to ensure compliance with Section 16575.(1) Commencing on January 1, 2024, the department shall conduct inspections of all dealers, except a dealer specified in subdivision (c), at least once every three years, to ensure compliance with Section 16575.(2) Inspections of dealers pursuant to this subdivision shall include an audit of dealer records that includes a sampling of at least 25 percent but no more than 50 percent of each record type.(b) The department may assess an annual fee, not to exceed one hundred fifteen dollars ($115), to cover the reasonable cost of maintaining the list described in Section 26715, including the cost of inspections.(c) A dealer whose place of business is located in a jurisdiction that has adopted an inspection program to ensure compliance with firearms law is exempt from that portion of the departments fee that relates to the cost of inspections. The applicant is responsible for providing evidence to the department that the jurisdiction in which the business is located has the inspection program. The department may inspect a dealer who is exempt from mandatory inspections under subdivision (b) to ensure compliance with Section 16575.
44	55
45	56		26720. (a) The Department of Justice may conduct inspections of dealers at least every three years to ensure compliance with Section 16575.(1) Commencing on January 1, 2024, the department shall conduct inspections of all dealers, except a dealer specified in subdivision (c), at least once every three years, to ensure compliance with Section 16575.(2) Inspections of dealers pursuant to this subdivision shall include an audit of dealer records that includes a sampling of at least 25 percent but no more than 50 percent of each record type.(b) The department may assess an annual fee, not to exceed one hundred fifteen dollars ($115), to cover the reasonable cost of maintaining the list described in Section 26715, including the cost of inspections.(c) A dealer whose place of business is located in a jurisdiction that has adopted an inspection program to ensure compliance with firearms law is exempt from that portion of the departments fee that relates to the cost of inspections. The applicant is responsible for providing evidence to the department that the jurisdiction in which the business is located has the inspection program. The department may inspect a dealer who is exempt from mandatory inspections under subdivision (b) to ensure compliance with Section 16575.
46	57
47	58		26720. (a) The Department of Justice may conduct inspections of dealers at least every three years to ensure compliance with Section 16575.(1) Commencing on January 1, 2024, the department shall conduct inspections of all dealers, except a dealer specified in subdivision (c), at least once every three years, to ensure compliance with Section 16575.(2) Inspections of dealers pursuant to this subdivision shall include an audit of dealer records that includes a sampling of at least 25 percent but no more than 50 percent of each record type.(b) The department may assess an annual fee, not to exceed one hundred fifteen dollars ($115), to cover the reasonable cost of maintaining the list described in Section 26715, including the cost of inspections.(c) A dealer whose place of business is located in a jurisdiction that has adopted an inspection program to ensure compliance with firearms law is exempt from that portion of the departments fee that relates to the cost of inspections. The applicant is responsible for providing evidence to the department that the jurisdiction in which the business is located has the inspection program. The department may inspect a dealer who is exempt from mandatory inspections under subdivision (b) to ensure compliance with Section 16575.
48	59
49	60
50	61
51	62		26720. (a) The Department of Justice may conduct inspections of dealers at least every three years to ensure compliance with Section 16575.
52	63
53	64		(1) Commencing on January 1, 2024, the department shall conduct inspections of all dealers, except a dealer specified in subdivision (c), at least once every three years, to ensure compliance with Section 16575.
54	65
55	66		(2) Inspections of dealers pursuant to this subdivision shall include an audit of dealer records that includes a sampling of at least 25 percent but no more than 50 percent of each record type.
56	67
57	68		(b) The department may assess an annual fee, not to exceed one hundred fifteen dollars ($115), to cover the reasonable cost of maintaining the list described in Section 26715, including the cost of inspections.
58	69
59	70		(c) A dealer whose place of business is located in a jurisdiction that has adopted an inspection program to ensure compliance with firearms law is exempt from that portion of the departments fee that relates to the cost of inspections. The applicant is responsible for providing evidence to the department that the jurisdiction in which the business is located has the inspection program. The department may inspect a dealer who is exempt from mandatory inspections under subdivision (b) to ensure compliance with Section 16575.