Posted September 19, 2023
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California: Legislature Passes Carry Restrictions & Over a Dozen More Anti-Gun Bills Headed to the Governor
SATURDAY, SEPTEMBER 16, 2023
On Thursday night, the California Legislature adjourned after having passed a whole slew of anti-gun bills this session. Governor Gavin Newsom has already approved Senate Bill 135, the companion to Assembly Bill 135, which contains a provision allowing the Attorney General to unilaterally increase the fee to conduct ammunition eligibility checks. Both chambers also passed Senate Joint Resolution 7, to call for a constitutional convention to place California-style gun control into the U.S. Constitution. Resolutions do not require approval by the Governor.
These bills are to be sent to Gov. Newsom’s desk for his consideration. Newsom has until October 14th to act on bills. PLEASE contact Gov. Newsom and EXPRESS YOUR OPPOSITION TO THE FOLLOWING BILLS.
In the meantime, NRA's legal team, who are active across the country, will be exploring and pursuing legal challenges to help protect your rights in California and beyond.
Senate Bill 2, among other things, creates new subjective criteria for the issuance of carry permits to allow authorities to arbitrarily deny applicants, restricts permit holders by allowing them to carry only handguns registered to themselves, increases the requirements to apply for a permit, and increases “gun-free zones” where law-abiding citizens are left defenseless.
Senate Bill 241 mandates that licensed firearm dealers and their employees complete an annual training program that the Department of Justice is to create.
Senate Bill 368 mandates that licensed firearm dealers offer the service of storing firearms for safekeeping, prohibits firearm dealers from offering items in games of chance (such as by raffles), and expands prohibited persons categories for certain misdemeanor crimes.
Senate Bill 377 requires law-enforcement officers purchasing personal firearms to undergo the same ten-day waiting period and follow the same restrictions of the handgun roster as private citizens. This eliminates a major way for Californians to be able to lawfully purchase many of the same handguns that are popular with law-abiding citizens in the rest of the country.
Senate Bill 452, as amended, sets forth the process to prohibit non-microstamped semi-automatic pistols from being sold through licensed dealers if the Department of Justice determines the technology is viable and available by 2028. In addition, it also prohibits replacing a microstamping component on such a handgun, unless it is replaced with another “valid” microstamping component. In recent months, a federal court struck down the microstamping requirement, as well as other required features for handgun models to be placed on the California handgun roster. While the attorney general has appealed the decision, he did not appeal the microstamping requirement.
To read more about California's microstamping law, please click here.
Assembly Bill 28 places an excise tax of 11% on the sales price of all firearms, firearm precursor parts, and ammunition. These taxes are to be collected from California retailers and placed in a newly created “gun violence” fund for appropriation by the state legislature. It is unjust to saddle law-abiding gun owners with special taxes. Such a measure makes it more expensive for law-abiding citizens to exercise a constitutional right and discourages them from practicing to be safe and proficient with their firearms for purposes such as self-defense, competition, and hunting.
Assembly Bill 574 requires gun owners, when filling out the Dealer Record of Sale, to affirm that they have checked and confirmed possession of every firearm they own or possess within the past 30 days. This requirement runs contrary to the Fifth Amendment right against self-incrimination and is an additional burden for gun owners, especially those with firearms stored in multiple residences or in safe deposit boxes, that can make them ineligible to purchase another firearm until they visit all of those locations.
Assembly Bill 725 expands California’s one-size-fits-all reporting mandate for lost or stolen firearms to also include precursor parts. Californians may face criminal penalties if they fail to report the loss or theft of what were previously unregulated pieces of plastic and metal.
Assembly Bill 732 goes above and beyond federal law in its requirement for individuals to relinquish their firearms upon conviction of a prohibiting offense. In addition, it creates a verification and enforcement procedure that can potentially violate the Fifth Amendment right against self-incrimination.
Assembly Bill 733 prohibits state and local government entities from selling off surplus firearms, ammunition, and body armor. This prevents them from being good stewards of taxpayer money and prevents the public from buying these taxpayer funded items, which are lawful to own.
Assembly Bill 1089 expands California’s ban on private citizens, and non-professional users, making firearms with CNC milling machines, or possessing CNC milling machines that have the “primary” or “intended” function of manufacturing firearms, to also include 3D printers. This is simply another scheme to harass law-abiding hobbyists by preventing them from using modern manufacturing techniques for otherwise lawful purposes.
Assembly Bill 1420 broadens the grounds for firearm dealer inspections and punitive measures for technical violations. In addition, it requires that prospective firearm purchasers and recipients list their email address on the DROS forms.
Assembly Bill 1483 expands California’s one-gun-per-month rationing scheme to also include private party transfers.
Assembly Bill 1598 requires licensed firearm dealers to provide a DOJ published pamphlet on “the benefits and risks of firearm ownership” to those receiving firearms. Additionally, it allows DoJ to solicit input from “reputable” organizations. Given the Attorney General’s disdain for the Second Amendment, it’s possible these pamphlets could be little more than anti-gun propaganda pieces.
Note: Governor Newsom has until October 14, 2023 to SIGN OR VETO these bills.
If the Governor Newsom does nothing the bill will become law.
There is no pocket veto in California.