CA SB 320

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Description

Existing law makes possession of a firearm by certain classes of persons, including a convicted felon, a person convicted of specified misdemeanors, a person that has been found mentally incompetent to stand trial, a person that has been found not guilty of specified crimes by reason of insanity, or a person that has been placed under conservatorship, a crime. Existing law additionally makes it a crime to sell or give possession of a firearm to these classes of persons prohibited from owning a firearm. Existing law generally makes a violation of the Penal Code a misdemeanor. Existing law requires the Department of Justice, upon submission of firearm purchaser information by a licensed firearm dealer, to examine its records to determine whether a potential firearm purchaser is prohibited by state or federal law from possessing, receiving, owning, or purchasing a firearm. This bill would, by November 1, 2027, require the Department of Justice to develop a process to allow a person who resides in California to voluntarily add their own name to, and subsequently remove their own name from, the California Do Not Sell List, with the purpose of preventing a person who has voluntarily registered on the list from passing a firearms eligibility check to purchase or acquire a firearm from a firearms dealer or through a private-party transaction while they are on the list. The bill would allow a person to add their name to the list by submitting specified information to a sheriff or municipal police department, and would require that sheriff or municipal police department to verify the information and send it to the Department of Justice. By imposing additional duties on local law enforcement, this bill would impose a state-mandated local program. This bill would allow a person, after a specified period of time, to request removal from the list. The bill would require all information provided pursuant to these provisions be kept confidential, require this information be kept separate and apart from all other records maintained by the department, and require this information to be used only for the purposes described above. The bill would prohibit requiring a person to place themselves on the Do Not Sell List as a condition of employment or of receiving any benefits or services. By creating a new prohibition, this bill would create a new crime and therefore impose a state-mandated local program. Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest. This bill would make legislative findings to that effect. 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.