Cal. Pen. Code § 11108.3

Current through the 2024 Legislative Session.
Section 11108.3 - [Effective 1/1/2025] Firearm and ammunition sales prohibited at OC Fair and Event Center properties
(a) In addition to the requirements of Section 11108.2 that apply to a law enforcement agency's duty to report to the Department of Justice the recovery of a firearm, a law enforcement agency described in Section 11108.2 shall, and any other law enforcement agency or agent, including but not limited to a federal or tribal law enforcement agency or agent, may, report to the department in a manner determined by the Attorney General in consultation with the Bureau of Alcohol, Tobacco, Firearms and Explosives all available information necessary to identify and trace the history of all recovered firearms that are illegally possessed, have been used in a crime, or are suspected of having been used in a crime, within seven calendar days of obtaining the information.
(b) When the department receives information from a law enforcement agency pursuant to subdivision (a), it shall promptly forward this information to the National Tracing Center of the federal Bureau of Alcohol, Tobacco, Firearms and Explosives to the extent practicable.
(c) In implementing this section, the Attorney General shall ensure to the maximum extent practical that both of the following apply:
(1) The information provided to the federal Bureau of Alcohol, Tobacco, Firearms and Explosives enables that agency to trace the ownership of the firearm described in subdivision (a).
(2) Law enforcement agencies can report all relevant information without being unduly burdened by this reporting function.
(d) Information collected pursuant to this section shall be maintained by the department for a period of not less than 10 years, and shall be available, under guidelines set forth by the Attorney General, for academic and policy research purposes.
(e) The department shall, on an ongoing basis, analyze the information collected pursuant to this section for 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, including the leading sources and origins of those firearms.
(f)
(1) The department shall, by no later than July 1, 2023, and annually thereafter, prepare and submit a report to the Legislature summarizing the analysis completed pursuant to subdivisions (e) and (g). This report shall be submitted in compliance with Section 9795 of the Government Code.
(2) The report shall, without limitation and to the extent possible, include all of the following:
(A) The total number of firearms recovered in the state.
(B) The number of firearms recovered, disaggregated by county and by city.
(C) The number of firearms recovered, disaggregated by the firearms dealer where the most recent sale or transfer of the firearm occurred. This shall include the full name and address of the firearms dealer.
(D) The number of firearms recovered, disaggregated by manufacturer.
(E) The total number of unserialized firearms recovered in the state.
(F) The number of unserialized firearms recovered, disaggregated by county and by city.
(3) The department shall make the report described in this subdivision available to the public.
(g) The report described in subdivision (f) shall also contain all of the following information from the applicable time period described in subdivision (h):
(1) The department's staffing levels for conducting firearms dealer inspections pursuant to Section 26720 and ammunition vendor inspections pursuant to Section 30345, to include both allocated positions and filled positions.
(2) The number of firearms dealer inspections conducted and, for each inspection, all of the following information:
(A) The name of the dealer.
(B) The dealer's license number.
(C) The business address of the dealer.
(D) The number of hours spent to complete the inspection.
(E) A list of violations identified through the inspection, whether those violations were subsequently resolved and, if so, the date they were resolved, and any fines or penalties assessed.
(F) The date of reinspection, if applicable, and any violations identified during reinspection.
(G) The dates of any prior inspections.
(H) The number of Dealers' Record of Sale (DROS) background checks submitted by the dealer during the one-year period prior to the inspection, and the outcome of those background checks.
(I) The total number of firearms used in crimes that were traced back to the dealer during the one-year period prior to the inspection, and the percentage of total sales by the dealer in the same period of time that the traced firearms represent.
(J) The number of firearms that the dealer reported or discovered lost or stolen during the one-year period prior to the inspection.
(3) The number of ammunition vendor inspections conducted and, for each inspection, all of the following information:
(A) The name of the vendor.
(B) The vendor's license number.
(C) The business address of the vendor.
(D) The number of hours spent to complete the inspection.
(E) A list of violations identified through the inspection, whether those violations were subsequently resolved and, if so, the date they were resolved, and any fines or penalties assessed.
(F) The date of reinspection, if applicable, and any violations identified during reinspection.
(G) The dates of any prior inspections.
(H) The number of ammunition purchaser background checks submitted by the vendor during the one-year period prior to the inspection, and the outcome of those background checks.
(I) The amount of ammunition that the vendor reported or discovered lost or stolen during the one-year period prior to the inspection.
(4) All of the following information regarding the roster of handguns that have been determined not to be unsafe handguns, as described in Section 32015:
(A) The total number of handguns on the roster.
(B) The number of handguns added to the roster during the applicable time period.
(C) The number of handguns removed from the roster during the applicable time period, including the reasons for removal.
(D) The number of handguns that were denied approval to be listed on the roster during the applicable time period, including the reasons for denial.
(h) The report described in subdivision (f) that is due by no later that July 1, 2025, shall include the data described in subdivision (g) from January 1, 2020, to December 31, 2024, inclusive. Each annual report thereafter shall include the data described in subdivision (g) from the previous year.
(i) The Attorney General may issue regulations to further the purposes of this section.

Ca. Pen. Code § 11108.3

Amended by Stats 2024 ch 546 (SB 965),s 1, eff. 1/1/2025.
Amended by Stats 2021 ch 683 (AB 1191),s 2, eff. 1/1/2022.
Amended by Stats 2018 ch 864 (AB 2222),s 3, eff. 1/1/2019.
Amended by Stats 2005 ch 715 (AB 1060),s 3, eff. 1/1/2006
Amended by Stats 2004 ch 593 (SB 1797), s 3, eff. 1/1/2005.
Amended by Stats 2003 ch 499 (SB 238), s 3, eff. 1/1/2004.
See Stats 2004 ch 593 (SB 1797), s 9. Section 9 provides, "Any section of any act enacted by the Legislature during the 2004 calendar year that takes effect on or before January 1, 2005, and that amends ... any one or more of the sections affected by this act, with the exception of Assembly Bill 3082, shall prevail over this act, whether that act is enacted prior to, or subsequent to, the enactment of this act."
This section is set out more than once due to postponed, multiple, or conflicting amendments.