Cal. Lab. Code § 9153

Current through the 2023 Legislative Session.
Section 9153 - [Operative 1/1/2025] Firearms; conditions of presence; requirements of handlers
(a) A firearm or blank shall only be permitted on motion picture productions, for the purposes of rehearsal, actor training, the filming of an on-camera sequence, or other development of content of the motion picture production with individuals of the performers or crew, under the following conditions:
(1) Under the custody and control of a qualified property master, armorer, or assistant property master.
(2) While handling the firearm, the property master, armorer, or assistant property master is the only person who can hand that firearm to the performer or cast or crew member standing in for that performer during the scene. Only the property master, armorer, or assistant property master shall collect the firearm upon completion of the activity.
(3) A property master, armorer, or assistant property master shall have no other duties, responsibilities, or obligations during the time the property master, armorer, or assistant property master is preparing for the use of a firearm and that a firearm is in the possession of the performer. It remains their sole responsibility until firearms are no longer in use and have been locked away.
(4) As indicated in safety bulletins of the Industry-Wide Labor-Management Safety Committee, a safety meeting shall be conducted when firearms are involved in a scene.
(5) The employer shall identify a person for performers, crew, labor organization representatives, and the division to contact for issues regarding compliance.
(6) The employer has ensured sufficient staffing of qualified property masters, armorers, or assistant property masters.
(b) A qualified property master, armorer, or assistant property master handling a firearm in the course of the motion picture production shall have all of the following:
(1) A current entertainment firearms permit or current dangerous weapons permit or license issued by the California Department of Justice.
(2) A joint entertainment industry labor-management firearm safety industry-specific training course certificate with training on industry protocols, state and federal law, and best practices on safety.
(3) One of the following:
(A) A signed rental sheet or copy of a completed Bureau of Alcohol, Tobacco, Firearms and Explosives "ATF Form 4473," stating the lawful transfer of Title 1 Firearms to that property master, armorer, or assistant property master or a copy of a current Federal Firearms License (FFL) establishing the property master, armorer, or assistant property master as the lawful possessor of the firearms who may obtain and retain custody of all firearms used in motion picture productions.
(B) In the event of the use of restricted firearms classified under the Bureau of Alcohol, Tobacco, Firearms and Explosives National Firearms Act Division (ATF NFA) rules, and including "assault weapons," as defined by California law, a set of current dangerous weapons permits issued by the Department of Justice, or in the absence of such permits, a clearly dated extension letter for 120 days from the Department of Justice Bureau of Firearms permitting the property master, armorer, or assistant property master to continue their activities with restricted firearms, and a signed rental sheet from the federally licensed armory providing the firearms, or a current FFL and current ATF Special Occupational Tax Stamp establishing lawful possession of restricted firearms by that property master, armorer, or assistant property master shall be presented for the property master, armorer, or assistant property master to obtain and retain custody of NFA firearms. In such a case, the dangerous weapons permits issued by the Department of Justice shall supersede the entertainment firearms permit.

Ca. Lab. Code § 9153

Added by Stats 2023 ch 56 (SB 132),s 3, eff. 7/10/2023.