New Firearm/Weapon Laws

• Requires specified firearms data maintained by the DOJ be provided to the California Firearm Violence Research Center at University of California, Davis, upon request. At the DOJ’s discretion, this data may be provided to any other nonprofit bona fide research institution accredited by the United States Department of Education or the Council for Higher Education Accreditation, for the study of the prevention of violence. Any reports or publications derived from such data are prohibited from identifying specific individuals. (Pen. Code, § 11106; Welf. & Inst. Code, § 8106.)

Effective July 1, 2022

• For the purpose of specified GVRO and domestic violence restraining order (DVRO) provisions, a “firearm” is redefined to include a frame or receiver of the weapon, or a firearm precursor part. (Fam. Code, § 6215; Pen. Code, § 16520.)

• Requires the DOJ to analyze the information and data it currently collects on “crime guns” from various law enforcement agencies, to identify and evaluate 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, and to create an annual firearm tracing report (beginning July 1, 2023) detailing which California licensed firearms dealers are responsible for selling firearms that are illegally used and possessed. (Pen. Code, § 11108.3.)

• Prohibits an officer, employee, operator, lessee, or licensee of the 32nd District Agricultural Association from contracting for, authorizing, or allowing the sale of any firearm, firearm precursor part, or ammunition, on the property or in the buildings that comprise the OC Fair and Event Center (in the County of Orange, the City of Costa Mesa), or any successor or additional property owned, leased, or otherwise occupied or operated by the 32nd District Agricultural Association. (Pen. Code, § 27575.)
• Exempts gun buyback events held by a law enforcement agency; the sale of a firearm by a public administrator, public guardian, or public conservator within the course of their duties; the sale of a firearm, firearm precursor part, or ammunition on state property that occurs pursuant to a contract that was entered into before January 1, 2022; and the purchase of ammunition on state property by a law enforcement agency in the course of its regular duties. (Pen. Code, § 27575.)

• Requires a court, when making a domestic violence protective order, to order the restrained person to relinquish any ammunition (in addition to any firearms) in the person’s immediate possession or control and to provide information to a restrained person describing how they can relinquish possession of a firearm or ammunition as well as how to submit a receipt of the relinquishment to the court. (Fam. Code, §§ 6304, 6389.)
• When relevant information is presented to the court at a noticed hearing that a restrained person has a firearm or ammunition, the court shall consider that information and determine, by a preponderance of the evidence, whether the person subject to a domestic violence protective order has a firearm or ammunition in, or subject to, their immediate possession or control in violation of Family Code Section 6389. (Fam. Code, § 6322.5.)
• Requires every law enforcement agency in the state to develop, adopt, and implement written policies and standards regarding law enforcement officers who request immediate relinquishment of firearms or ammunition upon issuance of a domestic violence protective order. (Fam. Code, § 6389.)

• Prohibits a minor from possessing a semiautomatic centerfire rifle, with certain exemptions. Modifies the requirements for the lawful transfer or loan of a firearm to a minor. (Pen. Code, §§ 27505, 29610, 29615.)
• Effective July 1, 2023
  Prohibits a minor from possessing any firearm, with certain exemptions. (Pen. Code, §§ 29610 and 29615.)
• Effective July 1, 2024
  Requires the DOJ to verify the validity of a hunting license with the Department of Fish and Wildlife for sales of firearms to persons under 21 years of age who are eligible to purchase a firearm based upon their possession of a hunting license. If the DOJ is unable to ascertain the validity of a hunting license as part of the background check, the DOJ shall immediately notify the firearms dealer to cancel the sale of the firearm. (Pen. Code, § 28220.)

Effective July 1, 2022

• Allows the DOJ to inspect firearm dealers, ammunition vendors, or manufacturers participating in a gun show or event in order to ensure that all transfers or sales are conducted in compliance with applicable state and federal laws. (Pen. Code, § 27310.)
• Allows the DOJ to inspect ammunition vendors to ensure compliance with applicable state and federal laws. (Pen. Code, § 30345.)

Effective July 1, 2022:

• Authorizes the DOJ to impose a civil fine on a licensed firearms dealer not exceeding $1,000 for a violation of any prohibition or requirement under Penal Code section 26800, subdivision (a). (Pen. Code, § 26800.)
• Authorizes the DOJ to impose a civil fine on a licensed firearms dealer not exceeding $3,000 for a violation of any prohibition or requirement under Penal Code section 26800, subdivision (a) when the firearms dealer either knowingly or with gross negligence violated the prohibition or requirement, or the dealer received written notification from the DOJ regarding the violation and failed to take corrective action. (Pen. Code, § 26800.)

Effective July 1, 2022:

• Redefines a firearm precursor part as any forging, casting, printing, extrusion, machined body or similar article that has reached a stage in manufacture where it may readily be completed, assembled or converted to be used as the frame or receiver of a functional firearm, or that is marketed or sold to the public to become or be used as the frame or receiver of a functional firearm once completed, assembled or converted.
• Requires any person in possession of an unserialized firearm to apply to the Department of Justice for a unique mark of identification before January 1, 2024. The possession or transfer of a firearm without a serial number or mark of identification will be prohibited.
• Authorizes a new resident of the state to, within 60 days after arrival in the state, request a unique mark or identification for any unserialized firearm that is otherwise valid to possess in the state.
• Prohibits the possession, sale, transfer, or use of specified firearms manufacturing equipment, with exceptions for specified entities.

Effective July 1, 2023:

• Establishes a firearm industry standard of conduct for firearm industry members, who must also apply that standard of conduct to a downstream distributor or retailer of firearm-related products who fails to establish, implement, and enforce reasonable control, and adhere to specified laws pertaining to unfair methods of competition, unfair or deceptive acts or practices, and false advertising
• Prohibits a firearm industry member from manufacturing, marketing, importing, offering for wholesale sale, or offering for retail sale a firearm-related product that is abnormally dangerous and likely to create an unreasonable risk of harm to public health and safety in California
• Authorizes a person who has suffered harm in California, the Attorney General, or city or county attorneys to bring a civil action against a firearm industry member for an act or omission in violation of the firearm industry standard of conduct.

Effective January 1, 2024:

• Requires the California Department of Justice 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.
• Updates minimum sampling standards for the audit of dealer records during an inspection.

Effective January 1, 2023:

• Prohibits the sale of firearm precursor parts (i.e. ghost gun parts) on the property of the 22nd District Agricultural Association, comprising the Del Mar Fairgrounds.

Effective January 1, 2023:

• Prohibits the sale of any firearm, firearm precursor part (i.e. ghost gun part), or ammunition on the property of the 31st District Agricultural Association, comprising the Ventura County Fair and Event Center in Ventura County.

Effective January 1, 2023:

• Prohibits a firearms dealer from charging a customer more than 5 percent of the firearm purchase price if the customer wishes to void a purchase within the 10-day waiting period.

Effective January 1, 2023:

• Expands the prohibitions on the manufacture of firearms without a state license, including reducing the number of guns any person, regardless of federal licensure, may manufacture without a state license from 50 to three
• Prohibits the use of a three-dimensional printer to manufacture any firearm without a license.

Effective January 1, 2023:

• Creates a 10-year firearm prohibition for individuals convicted, on or after January 1, 2023, of child abuse and elder and dependent adult abuse involving violence.

Effective January 1, 2023:

• Prohibits the firearm industry from marketing or advertising firearm-related products to minors, and authorizes public attorneys and injured plaintiffs to bring a civil action to enforce the prohibition, obtain injunctive relief, and seek either civil penalties, or, in some cases, damages for harms caused by a violation.

Effective January 1, 2023:

• Requires local educational agencies to provide notification to parents of each student about California’s child access prevention laws and laws relating to the safe storage of firearms, and requires the Department of Education to develop model language for this notification in consultation with the Department of Justice.

Effective January 1, 2023:

• 1. Requires the Department of Justice, upon notification that a specified prohibited person attempted to purchase a firearm, to notify local authorities in the jurisdiction where the prohibited person resides of such attempt.

Effective January 1, 2023:

• Adds violence prevention services as a covered benefit under Medi-Cal, subject to medical necessity and utilization controls.
• Authorizes the State Department of Health Care Services to implement, interpret, or make specific that provision by means of all-county letters, plan letters, or plan or provider bulletins, or similar instructions until regulations are adopted.

Effective July 1, 2023:

• Requires local educational agencies to annually provide information to parents about California’s child access prevention laws and laws relating to the safe storage of firearms.
• Requires school officials to report to law enforcement any threat or perceived threat of a homicidal act.
• Requires law enforcement or the school police to conduct an investigation and threat assessment, including a review of the Department of Justice’s firearm registry and a search of the school and/or student’s property by law enforcement or school police, if certain conditions are met.

Effective January 1, 2023:

• Prohibits, except as exempted, a state officer or employee, or operator, lessee, or licensee of any state-owned property, from contracting for, authorizing, or allowing the sale of any firearm, firearm precursor part (i.e. ghost gun part), or ammunition on state property.

Effective January 1, 2023:

• Creates a civil private right of action for any person against any individual who, within California, (1) manufactures or causes to be manufactured, distributes, transports, or imports into the state, or causes to be distributed or transported or imported into the state, keeps for sale or offers or exposes for sale, or gives or lends any illegal firearm; (2) purchases, sells, offers to sell, or transfers ownership of any firearm precursor part (i.e. ghost gun part) that is not a federally regulated firearm precursor part; or (3) is a licensed firearms dealer and sells, supplies, delivers, or gives possession or control of a firearm to any person under 21 years of age, all subject to certain exceptions.