SECTIONS 12087-12088.9

12087.  This article shall be known and may be cited as the"Aroner-Scott-Hayden Firearms Safety Act of 1999."12087.5.  The Legislature makes the following findings: (a) In the years 1987 to 1996, nearly 2,200 children in the UnitedStates under the age of 15 years died in unintentional shootings. In1996 alone, 138 children were shot and killed unintentionally. Thus,more than 11 children every month, or one child every three days,were shot or killed unintentionally in firearms-related incidents. (b) The United States leads the industrialized world in the ratesof children and youth lost to unintentional, firearms-related deaths.A 1997 study from the federal Centers for Disease Control andPrevention reveals that for unintentional firearm-related deaths forchildren under the age of 15, the rate in the United States was ninetimes higher than in 25 other industrialized countries combined. (c) While the number of unintentional deaths from firearms is anunacceptable toll on America's children, nearly eight times thatnumber are treated in U.S. hospital emergency rooms each year fornonfatal unintentional gunshot wounds. (d) A study of unintentional firearm deaths among children inCalifornia found that unintentional gunshot wounds most often involvehandguns. (e) A study in the December 1995 issue of the Archives ofPediatric and Adolescent Medicine found that children as young asthree years old are strong enough to fire most commercially availablehandguns. The study revealed that 25 percent of three to four yearolds and 70 percent of five to six year olds had sufficient fingerstrength to fire 59 (92 percent) of the 64 commonly availablehandguns referenced in the study. (f) The Government Accounting Office (GAO), in its March 1991study, "Accidental Shootings: Many Deaths and Injuries Caused byFirearms Could be Prevented," estimates that 31 percent of accidentaldeaths caused by firearms might be prevented by the addition of twosafety devices: a child-resistant safety device that automaticallyengages and a device that indicates whether the gun is loaded.According to the study results, of the 107 unintentionalfirearms-related fatalities the GAO examined for the calendar years1988 and 1989, 8 percent could have been prevented had the firearmbeen equipped with a child-resistant safety device. This 8 percentrepresents instances in which children under the age of sixunintentionally shot and killed themselves or other persons. (g) Currently, firearms are the only products manufactured in theUnited States that are not subject to minimum safety standards. (h) A 1997 public opinion poll conducted by the National OpinionResearch Center at the University of Chicago in conjunction with theJohns Hopkins Center for Gun Policy and Research found that 74percent of Americans support safety regulation of the firearmsindustry. (i) Some currently available trigger locks and other similardevices are inadequate to prevent the accidental discharge of thefirearms to which they are attached, or to prevent children fromgaining access to the firearm.12087.6.  As used in this article: (a) "Firearms safety device" means a device other than a gun safethat locks and is designed to prevent children and unauthorized usersfrom firing a firearm. The device may be installed on a firearm, beincorporated into the design of the firearm, or prevent access to thefirearm. (b) "Gun safe" means a locking container that fully contains andsecures one or more firearms, and that meets the standards for gunsafes adopted pursuant to Section 12088.2. (c) "Long-gun safe" means a locking container designed to fullycontain and secure a rifle as defined in paragraph (20) ofsubdivision (c) of Section 12020 or a shotgun as defined in paragraph(21) of subdivision (c) of Section 12020, that has a locking systemconsisting of either a mechanical combination lock or an electroniccombination lock that has at least 1,000 possible unique combinationsconsisting of a minimum of three numbers, letters, or symbols percombination, and that is not listed on the roster maintained pursuantto subdivision (d) of Section 12088.12088.  (a) The Department of Justice shall certify laboratories toverify compliance with standards for firearms safety devices setforth in Section 12088.2. (b) The Department of Justice may charge any laboratory that isseeking certification to test firearms safety devices a fee notexceeding the costs of certification, including costs associated withthe development and approval of regulations and standards pursuantto Section 12088.2. (c) The certified laboratory shall, at the manufacturer's ordealer's expense, test the firearms safety device and submit a copyof the final test report directly to the Department of Justice alongwith the firearms safety device. The department shall notify themanufacturer or dealer of its receipt of the final test report andthe department's determination as to whether the firearms safetydevice tested may be sold in this state. (d) On and after July 1, 2001, the Department of Justice shallcompile, publish, and thereafter maintain a roster listing all of thefirearms safety devices that have been tested by a certified testinglaboratory, have been determined to meet the department's standardsfor firearms safety devices and may be sold in this state. (e) The roster shall list, for each firearms safety device, themanufacturer, model number, and model name. (f) The department may randomly retest samples obtained fromsources other than directly from the manufacturer of the firearmssafety device listed on the roster to ensure compliance with therequirements of this article. (g) Firearms safety devices used for random sample testing andobtained from sources other than the manufacturer shall be in new,unused condition, and still in the manufacturer's original andunopened package.12088.1.  (a) All firearms sold or transferred in this state by alicensed firearms dealer, including private transfers through adealer, and all firearms manufactured in this state, shall include orbe accompanied by a firearms safety device that is listed on theDepartment of Justice's roster of approved firearms safety devicesand that is identified as appropriate for that firearm by referenceto either the manufacturer and model of the firearm, or to thephysical characteristics of the firearm that match those listed onthe roster for use with the device. (b) All firearms sold or transferred in this state by a licensedfirearms dealer, including private transfers through a dealer, andall firearms manufactured in this state shall be accompanied withwarning language or labels as described in Section 12088.3. (c) (1) All long-gun safes commercially sold or transferred inthis state, or manufactured in this state for sale in this state,that do not meet the standards for gun safes adopted pursuant toSection 12088.2 shall be accompanied by the following warning: "WARNING: This gun safe does not meet the safety standards for gunsafes specified in California Penal Code Section 12088.2. It doesnot satisfy the requirements of Penal Code Section 12088.1, whichmandates that all firearms sold in California be accompanied by afirearms safety device or proof of ownership, as required by law, ofa gun safe that meets the Section 12088.2 minimum safety standardsdeveloped by the California Attorney General." (2) This warning shall be conspicuously displayed in its entiretyon the principal display panel of the gun safe's package, on anydescriptive materials that accompany the gun safe, and on a labelaffixed to the front of the gun safe. (3) This warning shall be displayed in both English and Spanish inconspicuous and legible type in contrast by typography, layout, orcolor with other printed matter on the package or descriptivematerials in a manner consistent with Part 1500.121 of Title 16 ofthe Code of Federal Regulations, or successor regulations thereto. (d) The sale or transfer of a firearm shall be exempt fromsubdivision (a) if both of the following apply: (1) The purchaser or transferee owns a gun safe that meets thestandards set forth in Section 12088.2. Gun safes shall not berequired to be tested, and therefore may meet the standards withoutappearing on the Department of Justice roster. (2) The purchaser or transferee presents an original receipt forpurchase of the gun safe, or other proof of purchase or ownership ofthe gun safe as authorized by the Attorney General, to the firearmsdealer. The dealer shall maintain a copy of this receipt or proof ofpurchase with the dealers' record of sales of firearms. (e) The sale or transfer of a firearm shall be exempt fromsubdivision (a) if all of the following apply: (1) The purchaser or transferee purchases an approved safetydevice no more than 30 days prior to the day the purchaser ortransferee takes possession of the firearm. (2) The purchaser or transferee presents the approved safetydevice to the firearms dealer when picking up the firearm. (3) The purchaser or transferee presents an original receipt tothe firearms dealer which shows the date of purchase, the name, andthe model number of the safety device. (4) The firearms dealer verifies that the requirements in (1) to(3), inclusive, have been satisfied. (5) The firearms dealer maintains a copy of the receipt along withthe dealers' record of sales of firearms.12088.15.  (a) No person shall keep for commercial sale, offer, orexpose for commercial sale, or commercially sell any firearms safetydevice that is not listed on the roster maintained pursuant tosubdivision (d) of Section 12088, or that does not comply with thestandards for firearms safety devices adopted pursuant to Section12088.2. (b) No person may distribute as part of an organized firearmsafety program, with or without consideration, any firearm safetydevice that is not listed on the roster maintained pursuant tosubdivision (d) of Section 12088 or does not comply with thestandards for firearms safety devices adopted pursuant to Section12088.2. (c) No long-gun safe may be manufactured in this state for sale inthis state that does not comply with the standards for gun safesadopted pursuant to Section 12088.2, unless the long-gun safe islabeled by the manufacturer consistent with the requirements ofSection 12088.1. (d) (1) Any person who keeps for commercial sale, offers, orexposes for commercial sale, or who commercially sells a long-gunsafe that does not comply with the standards for gun safes adoptedpursuant to Section 12088.2, and who knows or has reason to know,that the long-gun safe in question does not meet the standards forgun safes adopted pursuant to Section 12088.2, is in violation ofthis section, and is punishable as provided in subdivision (e),unless the long-gun safe is labeled pursuant to Section 12088.1. (2) Any person who keeps for commercial sale, offers, or exposesfor commercial sale, or who commercially sells a long-gun safe thatdoes not comply with the standards for gun safes adopted pursuant toSection 12088.2, and who removes or causes to be removed from thelong-gun safe, the label required pursuant to Section 12088.1, is inviolation of this section, and is punishable as provided insubdivision (e). (e) A violation of this section is punishable by a civil fine ofup to five hundred dollars ($500). A second violation of this sectionthat occurs within five years of the date of a previous offense ispunishable by a civil fine of up to one thousand dollars ($1,000)and, if the violation is committed by a licensed firearms dealer, thedealer shall be ineligible to sell firearms in this state for 30days. A third or subsequent violation that occurs within five yearsof two or more previous offenses is punishable by a civil fine of upto five thousand dollars ($5,000) and, if the violation is committedby a licensed firearms dealer, the firearms dealer shall bepermanently ineligible to sell firearms in this state. (f) The Attorney General, a district attorney, or a city attorneymay bring a civil action for a violation of the provisions of thissection.12088.2.  (a) No later than January 1, 2000, the Attorney Generalshall commence development of regulations to implement a minimumsafety standard for firearms safety devices and gun safes tosignificantly reduce the risk of firearms-related injuries tochildren 17 years of age and younger. The final standard shall do allof the following: (1) Address the risk of injury from unintentional gunshot wounds. (2) Address the risk of injury from self-inflicted gunshot woundsby unauthorized users. (3) Include provisions to ensure that all firearms safety devicesand gun safes are reusable and of adequate quality and constructionto prevent children and unauthorized users from firing the firearmand to ensure that these devices cannot be readily removed from thefirearm or that the firearm cannot be readily removed from the gunsafe except by an authorized user utilizing the key, combination, orother method of access intended by the manufacturer of the device. (4) Include additional provisions as appropriate. (b) The Attorney General may consult, for the purposes of guidancein development of the standards, test protocols such as thosedescribed in Title 16 (commencing with Part 1700) of the Code ofFederal Regulations, relating to poison prevention packagingstandards. These protocols may be consulted to provide suggestionsfor potential methods to utilize in developing standards and shallserve as guidance only. The Attorney General shall also giveappropriate consideration to the use of devices that are notdetachable, but are permanently installed and incorporated into thedesign of a firearm. The Attorney General shall adopt and issueregulations implementing a final standard not later than January 1,2001. The Attorney General shall report to the Legislature on thesestandards by January 1, 2001. The final standard shall be effectiveJanuary 1, 2002.12088.3.  (a) The packaging of any firearm and any descriptivematerials that accompany any firearm sold or transferred in thisstate, or delivered for sale in this state, by any licensedmanufacturer, or licensed dealer, shall bear a label containing thefollowing warning statement: WARNINGChildren are attracted to and can operate firearms that can causesevere injuries or death. A yellow triangle containing an exclamation mark shall appearimmediately before the word "Warning" on the label. (b) If the firearm is sold or transferred without accompanyingpackaging, the warning label or notice shall be affixed to thefirearm itself by a method to be prescribed by regulation of theAttorney General. (c) The warning statement required under subdivisions (a) and (b)shall be: (1) Displayed in its entirety on the principal display panel ofthe firearm's package, and on any descriptive materials thataccompany the firearm. (2) Displayed in both English and Spanish in conspicuous andlegible type in contrast by typography, layout, or color with otherprinted matter on that package or descriptive materials in a mannerconsistent with Part 1500.121 of Title 16, of the Code of FederalRegulations, or successor regulations thereto.12088.4.  If at any time the Attorney General determines that a gunsafe or firearms safety device subject to the provisions of thisarticle and sold after January 1, 2002, does not conform with thestandards required by subdivision (a) of Section 12088.1 or Section12088.2, the Attorney General may order the recall and replacement ofthe gun safe or firearms safety device, or order that the gun safeor firearm safety device be brought into conformity with thoserequirements. If the firearms safety device cannot be separated fromthe firearm without damaging the firearm, the Attorney General mayorder the recall and replacement of the firearm. If the firearmssafety device can be separated and reattached to the firearm withoutdamaging the firearm, the licensed manufacturer or licensed firearmsdealer shall immediately provide a conforming replacement asinstructed by the Attorney General.12088.5.  Each lead law enforcement agency investigating an incidentshall report to the State Department of Health Services anyinformation obtained that reasonably supports the conclusion that: (a) A child 18 years of age or younger suffered an unintentionalor self-inflicted gunshot wound inflicted by a firearm that was soldor transferred in this state, or manufactured in this state. (b) Whether as a result of that incident the child died, sufferedserious injury, or was treated for an injury by a medicalprofessional.12088.6.  Any violation of Section 12088.1 or Section 12088.3 ispunishable by a fine of one thousand dollars ($1,000). On the secondviolation of any of those sections, the licensed firearm manufacturershall be ineligible to manufacture, or the licensed firearm dealershall be ineligible to sell, firearms in this state for 30 days, andshall be punished by a fine of one thousand dollars ($1,000). On thethird violation of any of those sections, a firearm manufacturershall be permanently ineligible to manufacture firearms in thisstate. On the third violation of any of those sections, a licensedfirearm dealer shall be permanently ineligible to sell firearms inthis state.12088.7.  Compliance with the requirements set forth in this articleshall not relieve any person from liability to any other person asmay be imposed pursuant to common law, statutory law, or localordinance.12088.8.  (a) This article does not apply to the commerce of anyfirearm defined as an "antique firearm" in paragraph (16) ofsubsection (a) of Section 921 of Title 18 of the United States Code. (b) This article shall not apply to the commerce of any firearmintended to be used by a salaried, full-time peace officer as definedin Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2for purposes of law enforcement. Nothing in this article shallpreclude local governments, local agencies, or state law enforcementagencies from requiring their peace officers to store their firearmsin gun safes or attach firearms safety devices to those firearms.12088.9.  (a) The Department of Justice may require each dealer tocharge each firearm purchaser or transferee a fee not to exceed onedollar ($1) for each firearm transaction. The fee shall be for thepurpose of supporting department program costs related to this act,including the establishment, maintenance, and upgrading of relateddata base systems and public rosters. (b) There is hereby created within the General Fund the FirearmSafety Account. Revenue from the fee imposed by subdivision (a) shallbe deposited into the Firearm Safety Account and shall be availablefor expenditure by the Department of Justice upon appropriation bythe Legislature. Expenditures from the Firearm Safety Account shallbe limited to program expenditures as defined by subdivision (a).