Summary of Enacted Laws since Newtown

Posted on Thursday, January 22nd, 2015

Since Newtown, the states have enacted 242 new firearms laws. Of these, 99 strengthen gun laws, 88 weaken gun laws and 55 were “minimal impact” laws. Of the strengthening laws, 10 made major, substantive changes while only four of the weakening laws did so. The major positive changes took place in CA, CT, CO, DE, IL, MA, MD, NJ, NY, and WA. The major negative changes took place in IL in 2013 and in GA, MO, and AL in 2014.

Positive Trends | Negative Trends

 

Positive Trends

Background Checks (7 states strengthened)

  1. DE (new)
  2. CT (expanded)
  3. NY (expanded)
  4. CO (expanded)
  5. IL (expanded)
  6. MA (expanded)
  7. WA (new)


Lost & Stolen (5 states enhanced or added)

  1. IL
  2. NY
  3. MD
  4. DE
  5. MA (license renewal applicants must verify no lost or stolen firearms)


Assault Weapons and/or LCAM (5 states strengthened or added new law)

  1. CA (strengthened AW ban and added new LCAM ban)
  2. CT (strengthened AW ban and added LCAM ban)
  3. CO (added LCAM ban)
  4. MD (strengthened AW ban and added LCAM ban)
  5. NY (strengthened AW and LCAM ban)


Domestic Violence (11 states improved)

  1. CO (disarm)
  2. CT (disarm)
  3. IL (ex parte orders result in prohibition)
  4. UT (expand authority of court to prohibit firearms in DV order)
  5. LA (prohibit DV misdemeanor and subject of DV order)
  6. MN (prohibit DV misdemeanor, subject of DV order and stalking and disarm)
  7. NH (create distinct DV crime)
  8. WA (prohibit DV order and disarm
  9. WY (create distinct DV crime)
  10. MA (prohibit DV misdemeanor)
  11. WI (disarm)


Mental Health (19 states improved laws requiring record submission to in-house databases and/or NICS)

  1. AK
  2. AL
  3. AZ
  4. CA
  5. CO
  6. FL
  7. HI
  8. LA
  9. MA
  10. MN
  11. MS
  12. NJ
  13. OK
  14. RI
  15. SC
  16. SD
  17. TN
  18. VA
  19. WA

 

Negative Trends

Stand Your Ground (3 states added or expanded)

  1. AK most recent state to add this provision (2013)
  2. GA expanded in 2014 to allow felons to use the SYG defense
  3. FL expanded in 2014 to allow a person engaged in criminal activity to use deadly force in the home or a vehicle

Medical Gag Rule (2 new state laws)

  1. MT (can’t refuse treatment if patient refuses to answer questions 2013)
  2. MO (can’t require a provider to ask about gun ownership 2014)


*New Development: School Gag Rule (Schools can’t ask students and/or collect data about gun ownership in the home)

  1. ID
  2. LA
  3. SD
  4. TN


Strict Scrutiny (2 state legislatures have voted to put on ballot)

  1. MO voters amended the constitution 2014
  2. AL voters will decide in November 2014


Extreme Preemption (3 states have enacted)

  1. FL several thousand $$ in fines and government official fined and terminated
  2. KY misdemeanor and legal fees and costs
  3. MS government official personally liable up to $1,000 and legal fees and costs


Guns Everywhere (12 states expanded where guns may be carried in public)

  1. AR (worship, K–12 parochial, campus staff and faculty, bars)
  2. GA (K–12, bars, worship, airports)
  3. ID (campus)
  4. IN (K–12)
  5. KS (K–12, campus employees)
  6. LA (restaurants)
  7. NC (bars)
  8. ND (restaurants and house of worship)
  9. OK (private school and school buses)
  10. SC (bars)
  11. SD (K–12 employees)
  12. TN (K–12 employees)

 

 

 

 

Waiting Periods in California

Posted on Monday, January 12th, 2015

See our Waiting Periods policy summary for a comprehensive discussion of this issue.

California law prohibits any licensed firearms dealer from transferring or delivering a firearm to a person within ten days of the latter of:

  • The application to purchase the firearm;
  • The submission of any correction to the application, after notice from the California Department of Justice (“DOJ”) that an application is inaccurate or incomplete such that DOJ cannot identify the purchaser or the firearm to be transferred; or
  • The submission of any fee required, after notice from DOJ that the required fee has not been transmitted.1

In other words, if a dealer submits to DOJ any application correction or required fee at the request of DOJ, that dealer is prohibited from delivering the firearm to the purchaser until ten days after submission of the correction or fee.2

DOJ also has the authority to temporarily delay a firearm transaction, for up to 30 days from the date of the initial transaction, when DOJ is unable to immediately determine the purchaser’s eligibility to own or possess firearms.3 If this occurs, the dealer must provide the purchaser with information about the manner in which he or she may contact DOJ regarding the delay.4 DOJ must also notify the purchaser by mail regarding the delay and explain the process by which the purchaser may obtain a copy of the criminal or mental health record the department has on file for the purchaser. Upon receipt of that criminal or mental health record, the purchaser must report any inaccuracies or incompleteness to DOJ on an approved form.5 If DOJ makes a determination about the purchaser’s eligibility within 30 days, it must either immediately notify the dealer that the transaction may proceed, or immediately notify both the dealer and local law enforcement that the person is prohibited from purchasing or possessing a firearm.6 However, if 30 days have passed since the transaction date and DOJ is still unable to determine the purchaser’s eligibility to own or possess firearms, DOJ must immediately notify the dealer, and the dealer may then release the firearm to the purchaser, at the dealer’s discretion.7 Under federal law, in contrast, a dealer is permitted to transfer a firearm if a background check has not been completed within three business days.8

These waiting period provisions do not apply to:

  • Transfers to licensed firearms importers or manufacturers;9
  • Certain transfers between dealers;10 or
  • Transfers involving curios or relics as defined under federal law.11

For more information on firearm sales in California, see our sections on Background Checks in California and Retention of Sales and Background Check Information in California.

  1. Cal. Penal Code §§ 26815, 27540, 28220(e). []
  2. Id. []
  3. Cal Penal Code § 28220(f)(1)(A). []
  4. Cal Penal Code § 28220(f)(1)(B). []
  5. Cal Penal Code § 28220(f)(2). []
  6. Cal Penal Code § 28220(f)(3). If the firearm is transferred by the dealer, the dealer must record on the register or record of electronic transfer the date that the firearm is transferred, the dealer must sign the register or record of electronic transfer indicating delivery of the firearm to that purchaser, and the purchaser must sign the register or record of electronic transfer acknowledging the receipt of the firearm on the date that the firearm is delivered to him or her. Id. []
  7. Cal Penal Code § 28220(f)(4). If the firearm is transferred by the dealer, the dealer must record on the register or record of electronic transfer the date that the firearm is transferred, the dealer must sign the register or record of electronic transfer indicating delivery of the firearm to that purchaser, and the purchaser must sign the register or record of electronic transfer acknowledging the receipt of the firearm on the date that the firearm is delivered to him or her. Id. []
  8. 18 U.S.C. § 922(t)(1)(B)(ii). []
  9. Cal. Penal Code § 27700. []
  10. Cal. Penal Code §§ 26960, 27660. []
  11. Cal. Penal Code §§ 26970, 27670. For all other exceptions see Cal. Penal Code §§ 26950-26970, 27650-27670. See Cal. Penal Code §§ 28160, 28165 for specific information that must be contained in the sales register or record of electronic or telephonic transfer to DOJ. []

Other Location Restrictions in California

Posted on Monday, January 12th, 2015

A U.S. citizen or legal resident over age 18 may carry a handgun anywhere within his or her place of residence, place of business, or on private property owned or lawfully possessed by the citizen or legal resident.1 A permit or license is not required for a person to carry within these locations.2

California law prohibits any person from carrying a loaded firearm (open or concealed) on his or her person or in a motor vehicle in the following locations:

  • In any public place or on any public street in an incorporated city, or
  • In any public place or on any public street in unincorporated territory if it is unlawful to discharge a weapon in that location.3

This prohibition is subject to certain exceptions, including those for:

  • A concealed weapons licensee who is carrying a loaded handgun;4
  • A person who has been granted a license to carry a loaded and exposed handgun if he or she is in the county that granted the license;5 or
  • A person who reasonably believes that his or her person or property or the person or property of another is in immediate, grave danger and that the carrying of the weapon is necessary for the preservation of that person or property.6

A firearm is considered “loaded” in this context if it has a cartridge or shell in a chamber, clip or magazines that is in or attached to the firearm.7

A 2011 California law prohibits any person from carrying an exposed and unloaded handgun in a public place or public street, if the place or street is in an incorporated city or city and county, or if it is otherwise unlawful to discharge a weapon in that location. See the Open Carrying in California section for further information.

The state prohibits any person, even a concealed weapons licensee, from carrying a concealed handgun or a loaded firearm, upon his or her person or within any vehicle, while engaged in picketing or other informational activities in a public place relating to a concerted refusal to work.8

California generally prohibits carrying or possession of a firearm in the following locations, although concealed weapons licensees are exempt from these prohibitions:

  • In any state or local public building or at any public meeting.9
  • In the California State Parks system.10

Under a law that California enacted in 2010, it is unlawful for any person to knowingly possess a firearm within the sterile area of a public transit facility, if the sterile area is posted with a statement providing reasonable notice of the prohibition.11 “Sterile area” means any portion of a public transit facility that is generally controlled in a manner consistent with the public transit authority’s security plan.12 This prohibition does not apply to certain specified law enforcement personnel or to persons licensed to carry a concealed weapon.13

California also generally prohibits carrying or possession of a firearm in the following locations:

  • In the State Capitol, any legislative office, any office of the Governor or other constitutional officer, or any hearing room in which any committee of the Senate or Assembly is conducting a hearing, or upon the grounds of the State Capitol, which is bounded by 10th, L, 15th, and N Streets in the City of Sacramento, if the firearm is loaded, or the area is posted with a statement providing reasonable notice that prosecution may result from possession of a firearm.14
  • In or on the grounds of the Governor’s Mansion or any other residence of the Governor, the residence of any other constitutional officer, or the residence of any Member of the Legislature, if the firearm is loaded.15

California also prohibits any person, including a concealed weapons licensee, from possessing a firearm at a polling place,16 or in the buildings or on the grounds of the “Cal Expo” center in Sacramento.17

California administrative regulations may require additional locations to be firearms-free.

A concealed carry license may include any reasonable restrictions or conditions which the issuing authority deems warranted, including restrictions as to the place where the person may carry a firearm.18

Finally, under California law, it is unlawful to hunt, or to discharge while hunting, any firearm within 150 yards of any occupied dwelling house, residence, or other building, except for the owner or person in possession of the premises, or with the express permission of the owner or person in possession of the premises. It is also unlawful to intentionally discharge any firearm over or across any public road or other established way open to the public in an unsafe and reckless manner.19

 

  1. Cal. Penal Code § 25605(a). []
  2. Cal. Penal Code §§ 25605(b), 26035. []
  3. Cal. Penal Code §§ 17030, 25850(a). []
  4. Cal. Penal Code § 26010. []
  5. Cal. Penal Code §§ 26150, 26155. Only certain counties are authorized to grant this type of license, based on county population. See the Open Carrying in California section for further information. []
  6. Cal. Penal Code § 26045. []
  7. Cal. Penal Code § 16840(b). A California law authorizes peace officers to examine any firearm carried by anyone on his or her person in any public place in an incorporated city or area of an unincorporated territory where it is unlawful to discharge a weapon, to determine whether the firearm is loaded. Cal. Penal Code § 25850(b). []
  8. Cal. Penal Code § 17510(a). The exceptions regarding carrying concealed firearms under Cal. Penal Code §§ 25450-25475, 25615-25655 (provided for peace officers, bank guards, armored vehicle guards, licensed hunters or fishermen, private investigators, and certain other persons) do not apply if these persons are engaged in picketing activities. Cal. Penal Code § 17510(c). []
  9. Cal. Penal Code § 171b(a)(1), (b)(3). []
  10. Cal. Code Regs. tit. 14, § 4313(a). This prohibition does not apply to the use of weapons permitted by law or regulation to be used for hunting in any unit of the state park system open to hunting. Cal. Code Regs. tit. 14, § 4313(b). Firearms that do not have a cartridge in any portion of the mechanism, or other unloaded weapons, may be possessed within temporary lodging or a mechanical mode of conveyance when such weapons are rendered temporarily inoperable or are packed, cased, or stored in a manner that will prevent their ready use. Cal. Code Regs. tit. 14, § 4313(c). []
  11. Cal. Penal Code § 171.7(b)(1). []
  12. Cal. Penal Code § 171.7(a)(2). []
  13. Cal. Penal Code §§ 171.7(c), 25655. []
  14. Cal. Penal Code § 171c(a)(1)(A), (a)(2)(A). []
  15. Cal. Penal Code § 171d. []
  16. Cal. Elec. Code § 18544(a) There are limited exceptions, including for peace officers either conducting official business or casting a vote. Cal. Elec. Code § 18544(b). []
  17. Cal. Code Regs. tit. 14, § 4955. []
  18. Cal. Penal Code § 26200(a). []
  19. Cal. Fish and Game Code § 3004. []

Ammunition Regulation in California

Posted on Monday, January 12th, 2015

See our Ammunition Regulation policy summary for a comprehensive discussion of this issue.

California regulates the following aspects of ammunition, as described below:

  1. Sales and transfers of ammunition;
  2. Persons prohibited from possessing ammunition;
  3. Minimum age to possess ammunition;
  4. Ammunition at gun shows; and
  5. Certain kinds of unreasonably dangerous ammunition.

California also prohibits carrying ammunition onto school grounds, subject to certain limited exceptions.1

California prohibits carrying or possessing ammunition in the State Capitol, any legislative office, any office of the Governor or other constitutional officer, or any hearing room in which any committee of the Senate or Assembly is conducting a hearing, or upon the grounds of the State Capitol, which is bounded by 10th, L, 15th, and N Streets in the City of Sacramento, if the area is posted with a statement providing reasonable notice.2

California does not:

  • Require a license for the sale of ammunition (although a number of local jurisdictions within California impose this requirement);
  • Require a license for the purchase of ammunition;
  • Require that records be kept of the sale of long gun ammunition (although, as described below, a law enacted in 2009 requires sales of handgun ammunition to be recorded); or
  • Require the safe storage of ammunition in the home.

(1)  Sales and Transfers of Ammunition

California adopted a groundbreaking law in 2009 (AB 962) that prohibits anyone engaged in the retail sale of handgun ammunition, or holding themselves out as being in the business of selling handgun ammunition, from:

  • Permitting any employee who the vendor knows or reasonably should know is prohibited from possessing firearms from handling, selling, or delivering handgun ammunition;3
  • Selling, transferring, offering or displaying for sale or transfer any handgun ammunition in a manner that allows it to be accessible to the purchaser or transferee without the assistance of an employee;4
  • Commencing February 1, 2011, selling or transferring any handgun ammunition without recording certain information about the purchaser at the time of delivery, including his or her right thumbprint and the name of the salesperson that processed the transfer, as well as the brand, type and amount of ammunition purchased. The vendor must maintain this record on the premises for at least five years, and make it available to law enforcement for inspection upon request. Sales and transfers to licensed firearms dealers, manufacturers, importers, gunsmiths, wholesalers, other handgun ammunition vendors, target facilities, and law enforcement are exempt from this recordkeeping requirement.5

The law also requires that, beginning February 1, 2011, the delivery or transfer of handgun ammunition may occur only in a face-to-face transaction, and the purchaser or other transferee must provide some form of photo identification.6 These two requirements do not apply to transfers to law enforcement, handgun ammunition vendors, or licensed firearms dealers, importer, manufacturers or collectors.7

The requirements and prohibitions created under AB 962 are not yet in effect due to ongoing litigation. In 2011, the Fresno Superior Court found that the definition of “handgun ammunition” used in the legislation was impermissibly vague because the statute did not provide sufficient notice about what types of ammunition would be covered by the law. At present, the handgun ammunition recordkeeping law is not in effect while the appeal is pending.8

California also restricts sales and transfers of ammunition to persons who are underage. See Minimum Age to Possess Ammunition, below, for further information.

California prohibits any person from supplying ammunition to any person he or she knows or reasonably should know is prohibited from possessing ammunition.9 See Persons Prohibited from Possessing Ammunition below.

(2)  Persons Prohibited from Possessing Ammunition

California prohibits any person from owning, possessing, or having under his or her custody or control any ammunition or reloaded ammunition if the person falls into any of the categories of persons who are ineligible to purchase or possess firearms under state law.10 In addition, a person subject to an injunction as a member of a criminal street gang may not own, possess or have any ammunition under his or her custody or control.11

(3)  Minimum Age to Possess Ammunition

California prohibits the possession of live ammunition by persons under age 18, with certain enumerated exceptions.12

Sellers of ammunition are prohibited from selling any ammunition to a person under 18 years of age and may not sell handgun ammunition to a person under 21 years of age.13 However, a seller, agent or employee of a seller may avoid prosecution for a violation of this law by demonstrating that the minor presented identification indicating that he or she was actually old enough to make the purchase, and that the seller, agent or employee acted in reasonable reliance on this identification.14

(4)  Ammunition at Gun Shows

California prohibits ammunition from being displayed at gun shows except in closed containers, unless the seller is showing the ammunition to a prospective buyer.15 In addition, no person at a gun show in California, other than security personnel or sworn peace officers, can possess at the same time both a firearm and ammunition that is designed to be fired in the firearm. Vendors selling such items at the show are exempt.16

(5)  Unreasonably Dangerous Ammunition

California bans the manufacture, importation, sale, offer for sale, or knowing possession or transportation of handgun ammunition designed primarily to penetrate metal or armor.17 This ban applies to any ammunition (except a shotgun shell or ammunition primarily designed for use in rifles) that is designed primarily to penetrate a body vest or body shield, either by virtue of its shape, cross-sectional density, or coating, or because it has a projectile or projectile core constructed entirely of tungsten alloys, steel, iron, brass, beryllium copper, or depleted uranium, or any equivalent material of similar density or hardness. KTW ammunition, among others, is subject to this ban.18

California also prohibits the possession, sale, offer for sale, or knowing transportation of a “destructive device,” defined to include “[a]ny projectile containing any explosive or incendiary material” or any other chemical substance including, but not limited to, that commonly known as tracer or incendiary ammunition (except tracer ammunition manufactured for use in shotguns), and any “explosive missile.”19 The state provides for the limited issuance of permits to possess or transport any destructive device, issued at the discretion of the California Department of Justice.20

California prohibits the manufacture, importation, keeping or offering for sale, transfer or possession of any “flechette dart” (dart capable of being fired from a firearm, that measures approximately one inch in length, with tail fins that take up approximately five-sixteenths of an inch of the body) or bullet that contains an explosive agent.21

In addition, California generally prohibits any person, firm or corporation from selling, offering for sale, possessing or knowingly transporting any fixed ammunition greater than .60 caliber.22

  1. Cal. Penal Code § 30310. []
  2. Cal. Penal Code § 171c(a)(2)(G). []
  3. Cal. Penal Code § 30347. []
  4. Cal. Penal Code § 30350. []
  5. Cal. Penal Code §§ 30352-30362. []
  6. Cal. Penal Code §§ 16300, 30312. []
  7. Cal. Penal Code § 30312(b). []
  8. See the court’s order in Parker v. California, Case No. 10CECG02116 (Super. Ct. Fresno, Filed June 17, 2010). []
  9. Cal. Penal Code § 30306. []
  10. Cal. Penal Code § 30305(a). []
  11. Cal. Penal Code § 30305(b)(1). []
  12. Cal. Penal Code §§ 29650-29655. This prohibition does not apply if: 1) the minor has the written consent of a parent or legal guardian to possess live ammunition; 2) the minor is accompanied by a parent or legal guardian; or 3)the minor is actively engaged in, or is going to or from, a lawful, recreational sport, including, but not limited to, competitive shooting, or agricultural, ranching, or hunting activity, the nature of which involves the use of a firearm. []
  13. Cal. Penal Code § 30300(a). Where ammunition may be used in both a rifle and a handgun, it may be sold to a person who is at least 18 years of age, but less than 21 years of age, if the vendor reasonably believes that the ammunition is being acquired for use in a rifle and not a handgun. Cal Penal Code § 30300(a)(2). []
  14. Cal. Penal Code §§ 16300, 30300(b). []
  15. Cal. Penal Code § 27315. []
  16. Cal. Penal Code § 27330. []
  17. Cal. Penal Code §§ 30315, 30320. []
  18. Cal. Penal Code § 16660. []
  19. Cal. Penal Code §§ 16460(a), 18710, 18730. []
  20. Cal. Penal Code §§ 18900-18910. []
  21. Cal. Penal Code §§ 16570, 30210. []
  22. Cal. Penal Code § 18735. []

Disarming Prohibited Persons in California

Posted on Monday, January 12th, 2015

No California law provides a general time limit within which a person who has fallen into a prohibited category must surrender his or her firearms. California law requires persons subject to certain protective orders to relinquish their firearms within specified periods of time, however. For more information, see “Surrender of Firearms by Persons Subject to Protective Order,” in the Domestic Violence & Firearms in California section.

California courts use a form that the California Department of Justice (“DOJ”) was required to create to notify convicted defendants and persons determined to have a mental health condition that they are prohibited from possessing a firearm. The form created by DOJ states that the prohibition is effective “immediately upon occurrence of the prohibiting event.”1 According to the form, the prohibited person must immediately designate a third party who is not prohibited from possessing firearms by completing a Power of Attorney Declaration. The third party then has 30 days to properly transfer or dispose of any firearms possessed by the prohibited person. The third party may relinquish the firearms to a local law enforcement agency, sell or transfer them to a third party through a licensed firearms dealer, or sell them to a dealer.

In addition, California law requires law enforcement to confiscate weapons found to be under the possession or control of any person who has been detained or apprehended for examination of his or her mental condition, or who is prohibited from possession of firearms by reason of a mental disorder.2 Law enforcement must, upon confiscation, retain custody of the firearm, issue a receipt describing the firearm, and notify the individual of the procedure for return of the firearm.3 Upon release from a mental health facility, the health facility personnel must notify the individual of the procedure for the return of a confiscated firearm.4 Health facility personnel also must notify the confiscating law enforcement agency of the release of the detained individual, and must document that the facility provided notice regarding the procedure for return of any confiscated firearm.5 California law also authorizes the issuance of a search warrant when the property to be seized includes a firearm owned by, or in the possession of, a person who has been detained for examination of his or her mental condition, or who is prohibited from possession of firearms by reason of a mental disorder.6

California law allows a prohibited person who finds a firearm to possess it “no longer than…is necessary to deliver or transport the firearm to a law enforcement agency for that agency’s disposition according to law.”7 There is no other exception allowing a prohibited person to remain in possession of a firearm beyond the time he or she becomes prohibited.

Tracking prohibited armed persons: California law requires the California Department of Justice (“DOJ”) to maintain a “Prohibited Armed Persons File,”8 also known as the “Armed Prohibited Persons System” (“APPS”). APPS is a database that tracks persons who once lawfully owned a handgun or registered an assault weapon or .50 BMG rifle but after acquiring lawful ownership fell into a prohibited category.9 Established in 2007, APPS cross-references criminal, domestic violence restraining order and mental health history records, among other prohibited category data, with records of all handgun owners and assault weapon and .50 BMG rifle registrants in the state on or after January 1, 1996, to identify those persons who have subsequently become prohibited from owning or possessing firearms.10

The information contained in APPS can only be made available to certain public and private entities – primarily law enforcement agencies – to actively identify persons armed yet prohibited from possessing firearms.11 DOJ is required to provide investigative assistance to local law enforcement agencies to better ensure the investigation of individuals who are armed and prohibited from possessing a firearm.12 As of early 2013, APPS had records for 19,784 persons linked to 38,682 handguns and 1,640 assault weapons, and 15 to 20 names are added each day.13 In 2011, California enacted a law authorizing DOJ to utilize the fees that firearms purchasers must pay to DOJ during the purchase of any firearm (known as Dealer Record of Sale, or “DROS” fees) for the enforcement of APPS.14

In 2013, the California Legislature appropriated $24 million from the DROS Special Account of the General Fund to DOJ in order to address the APPS backlog. In addition, no later than March 1, 2015, and each year thereafter, DOJ must report the following information to the Joint Legislative Budget Committee:

  • The degree to which the backlog in APPS has been reduced or increased;
  • The number of agents hired for enforcement of APPS; and
  • The number of firearms recovered due to enforcement of the APPS.15

For more information on persons prohibited from possessing firearms in California, see our Prohibited Persons Generally page.

  1. Cal. Penal Code § 29810. []
  2. Cal. Welf. & Inst. Code § 8102. []
  3. Cal. Welf. & Inst. Code § 8102(a)-(b)(1). []
  4. Cal. Welf. & Inst. Code § 8102(b)(2). []
  5. Cal. Welf. & Inst. Code § 8102(b)(3). The administrative procedures regarding the return of a firearm after an individual’s release from a mental health facility are detailed under Cal. Welf. & Inst. Code § 8102(c)-(h). []
  6. Cal. Penal Code § 1524(a)(10). []
  7. Cal. Penal Code § 29850. []
  8. Cal. Penal Code § 30000(a). []
  9. Cal. Penal Code §§ 30000, 30005. []
  10. Id. []
  11. Cal. Penal Code § 30000(b), this section references Cal. Penal Code § 11105(b), (c). []
  12. Cal. Penal Code § 30010. []
  13. See Nannette Miranda, California Gun Hearing: DOJ Keeps Track of Prohibited Gun Owners, But no Funds to Regulate, ABC7, Los Angeles, Jan. 29, 2013; see also, Ed Connolly & Michael Luo, States Struggle to Disarm People Who’ve Lost Right to Own Guns, N.Y. Times, Feb. 6, 2011, at A01, http://www.nytimes.com/2011/02/06/us/06guns.html?_r=1&emc=eta1. []
  14. Cal. Penal Code § 28225 (referring to the “possession” of firearms). []
  15. Cal. Penal Code § 30015. []

Guns in Schools in California

Posted on Monday, January 12th, 2015

Grades K through 12: California prohibits any person from possessing a firearm in a place that person knows, or reasonably should know, is a school zone.1 “School zone” is defined as an area in, or on the grounds of, a public or private school providing instruction in kindergarten or grades one to twelve, inclusive, or within a distance of 1,000 feet from the grounds of the public or private school.2 However, a person may possess a firearm in a school zone:

  • By written permission of the school district superintendent, his or her designee, or equivalent school authority;3
  • Within a place of residence or place of business or on private property, if that location is not part of the school grounds and the possession of the firearm is otherwise lawful;4
  • When the firearm is an unloaded handgun and is in a locked container or within the locked trunk of a motor vehicle;5
  • For the lawful transportation of any other firearm, other than a handgun, in accordance with state law;6
  • When the person possessing the firearm reasonably believes that he or she is in grave danger because of circumstances forming the basis of a current restraining order issued by a court against another person or persons who has or have been found to pose a threat to his or her life or safety.7 This exception does not apply in certain circumstances involving a mutual restraining order;8
  • When the person is a licensed gun dealer, manufacturer, importer, or wholesaler, or a member of an authorized military or civilian organization when parading, and the gun is unloaded;9
  • When the person is a guard or messenger of a common carrier or bank who, within the course of his or her employment, transports or delivers money or other valuables;10 or
  • When the person is a duly appointed peace officer, honorably retired police officer, or security guard authorized to carry a concealed firearm under state law.11

Concealed weapons license holders are also exempt from this prohibition and may carry handguns in schools or school zones.12 Nor do these restrictions apply to existing shooting ranges at public or private schools or university or college campuses.13

See the Non-Powder Guns in California section for information about non-powder guns in schools.

The principal or superintendent of a school or school system must immediately suspend, and recommend the expulsion of, any pupil that he or she determines has possessed a firearm, or sold or furnished a firearm to others, either at school or at a school activity off school grounds, provided that another employee of the school district has verified the pupil’s possession of a firearm.14 However, a pupil may obtain prior written permission to possess a firearm from a certificated school employee, if the principal or a designee of the principal concurs.15

The superintendent or principal of a school is also authorized to suspend and recommend for expulsion any pupil who possesses an imitation firearm. An “imitation firearm” is any replica of a firearm that is so substantially similar in physical properties to an existing firearm that a reasonable person would consider it a firearm.16

With limited exceptions, no person may carry ammunition or reloaded ammunition onto school grounds.17

Colleges and universities: California prohibits any person from bringing or possessing a firearm, loaded or unloaded, upon the grounds of a public or private university or college campus, or any buildings owned or operated for student housing, teaching, research, or administration by a public or private university or college, which are contiguous or are clearly marked university property.18 Universities and colleges must post prominent notices at primary entrances on non-contiguous school property stating that firearms are prohibited on that property.19 Possession of a firearm on university or college property is allowed if the university or college president or an equivalent authority has granted permission in writing.20 Concealed weapons licensees are also exempt from this prohibition.21

See our Guns in Schools policy summary for a comprehensive discussion of this issue.

  1. Cal. Penal Code § 626.9(b). []
  2. Cal. Penal Code § 626.9(e)(1). []
  3. Cal. Penal Code § 626.9(b). []
  4. Cal. Penal Code § 626.9(c)(1). []
  5. Cal. Penal Code § 626.9(c)(2). []
  6. Id. []
  7. Cal. Penal Code § 626.9(c)(3). []
  8. Id. (referencing Cal. Fam. Code § 6200 et seq.). []
  9. Cal. Penal Code § 626.9(c)(4) (referencing §§ 25615, 25625). []
  10. Cal. Penal Code § 626.9(c)(4) (referencing §§ 25630 and 25645). []
  11. Cal. Penal Code § 626.9(l), (m), (o). []
  12. Cal. Penal Code § 626.9(l). []
  13. Cal. Penal Code § 626.9(n). []
  14. Cal. Educ. Code §§ 48900(b), 48915(c)(1). []
  15. Id. []
  16. Cal. Educ. Code §§ 48900(m), 48915(c)(1). []
  17. Cal. Penal Code § 30310(a). This requirement does not apply to peace officers, members of the military, or armored vehicle guards carrying out their official duties, to concealed weapons license holders, or to individuals who have the written permission of the school district superintendent or equivalent school authority. Cal. Penal Code § 30310(b). []
  18. Cal. Penal Code § 626.9(h), (i). []
  19. Id. []
  20. Id. []
  21. Cal. Penal Code § 626.9(l). []

Mental Health-Related Prohibited Categories in California

Posted on Monday, January 12th, 2015

California prohibits the following people from purchasing or possessing firearms because of mental health-related issues:

1. Inpatient Treatment: A person who has been admitted to a facility and is receiving inpatient treatment for a mental illness and the attending mental health professional is of the opinion that the patient is a danger to self or others. This prohibition applies even if the person has consented to the treatment, although the prohibition ends as soon as the patient is discharged from the facility.1 This prohibition is broader than federal law in that it includes persons voluntarily admitted to a mental facility.

2. Threats of Physical Violence: A person who communicates to a licensed psychotherapist a serious threat of physical violence against a reasonably identifiable victim or victims.2 In 2013, this prohibition was extended  from a period of six months to five years after the licensed psychotherapist reports the identity of the person making the threat to local law enforcement (AB 1131). The subject of this prohibition may petition to have it removed.3 If such a petition is made, then at the hearing the state must show, by a preponderance of the evidence, that the person “would not be likely to use firearms in a safe and lawful manner.”4

3. Adjudication: A person who has been adjudicated to be a danger to others as a result of a mental disorder or mental illness or has been adjudicated to be a mentally disordered sex offender. This prohibition does not apply if the court of adjudication issues, upon the individual’s release from treatment or at a later date, a certificate stating that the person may possess a firearm without endangering others.5

4. Not Guilty by Reason of Insanity: A person who has been found not guilty by reason of insanity of various enumerated violent felonies.6

5. Incompetent to Stand Trial: A person who has been found mentally incompetent to stand trial. This prohibition is permanent unless there is a subsequent finding that the person has become competent.7

6. Conservatorship: A person who is currently under a court-ordered conservatorship because he or she is gravely disabled as a result of a mental disorder or impaired by chronic alcoholism. The prohibition ends when the conservatorship ends.8

7. 72-Hour Detention: A person who has been taken into custody, and placed in a county mental health facility where a professional in charge of the facility has assessed that the person cannot be properly served without being detained and evaluated for at least 72 hours, and that the person is a danger to himself or herself or others as a result of a mental disorder. This prohibition lasts for five years.9 However, a person barred from firearm possession by this provision may petition the superior court for an order permitting him or her to possess firearms. At the hearing, the state must show by a preponderance of the evidence that the person “would not be likely to use firearms in a safe and lawful manner.”10

8. 14-Day Detention: A person who has been involuntarily committed for intensive mental health treatment for 14 or more days. This prohibition lasts for five years.11 As above, a person barred from firearm possession by this provision may petition the superior court for an order permitting him or her to possess firearms.12 This provision is weaker than federal law because it lasts for five years while the federal prohibition is permanent.

9. Court-Ordered Evaluations and Counseling: California law provides a process by which any individual may request a designated county agency to petition a court to order an evaluation to determine whether a person is, as a result of mental disorder, a danger to others, or to him or herself, or is gravely disabled (unable to meet his or her own physical needs). If the court grants the petition, an evaluation is performed. If, after the evaluation, the subject is deemed to be a danger to self or others or gravely disabled, he or she will be prohibited from purchasing or possessing firearms and referred for voluntary treatment, ordered detained for 14 days for intensive inpatient treatment, or recommended for conservatorship.13

For further information on:

• The categories of persons prohibited from purchasing or possessing firearms, see the Prohibited Purchasers Generally in California section.

• The reporting of mental health information for firearm purchaser background checks, see the Mental Health Reporting in California section.

  1. Cal. Welf. & Inst. Code § 8100(a). []
  2. Cal. Welf. & Inst. Code § 8100(b); see also Cal. Welf. & Inst. Code § 8105(c). Licensed psychotherapists are required to immediately report such threats to local law enforcement which, in turn, is required to immediately report the information to the California Department of Justice (“DOJ”). Id. DOJ must then send, by certified mail, a notification to the individual subject to the prohibition, indicating that the person is prohibited from possessing firearms, the date on which the prohibition ends, and that the person is entitled to petition a court to end the prohibition. Cal. Welf. & Inst. Code § 8100(b)(2). []
  3. Cal. Welf. & Inst. Code § 8100(b). []
  4. Cal. Welf. & Inst. Code § 8100(b)(3). []
  5. Cal. Welf. & Inst. Code § 8103(a). []
  6. Cal. Welf. & Inst. Code § 8103(b). []
  7. Cal. Welf. & Inst. Code § 8103(d). []
  8. Cal. Welf. & Inst. Code § 8103(e). This provision appears to be weaker than federal law, which permanently prohibits a person who lacks the appropriate mental capacity to contract or manage his or her own affairs. It appears that where the period of firearm prohibition has ended under California but not federal law, the subject remains prohibited because the federal prohibition is still in effect. In practice, much depends on whether the record of the mental health prohibition remains in the FBI’s National Instant Criminal Background Check System. []
  9. Cal. Welf. & Inst. Code § 8103(f). []
  10. Cal. Welf. & Inst. Code § 8103(f)(5), (6). []
  11. Cal. Welf. & Inst. Code § 8103(g). []
  12. Cal. Welf. & Inst. Code § 8103(g)(4). []
  13. Cal. Welf. & Inst. Code §§ 5200-5213. []

Design Safety Standards for Handguns in California

Posted on Monday, January 12th, 2015

See our Design Safety Standards for Handguns policy summary for a comprehensive discussion of this issue.

California law prohibits any person from manufacturing, importing into California for sale, offering for sale, giving or lending any “unsafe handgun.”1 In general, an unsafe handgun is any handgun that lacks an appropriate safety, that does not meet the state’s firing requirement, or that does not meet the state’s drop safety requirement.2 However, handguns sold through private or secondary sales are not required to comply with these requirements.3

California’s handgun firing requirement is a test in which the manufacturer provides three unmodified handguns, of the make and model for which certification is sought, to an independent testing laboratory certified by the Attorney General.4 The laboratory must fire 600 rounds of certain ammunition from each gun, stopping at specified intervals.5 A handgun model passes the test if each of the three test guns:

• Fires the first 20 rounds without a malfunction that is not due to ammunition that fails to detonate;6 and

• Fires the full 600 rounds with no more than six malfunctions that are not due to ammunition that fails to detonate, and without any crack or breakage of an operating part of the handgun that increases the risk of injury to the user.7

Following the handgun firing requirements, the same certified independent testing laboratory must subject the same three handguns to a series of six drop tests each, with a primed case (no powder or projectile) inserted into the chamber.8 The handgun model passes this test if each of the three test guns does not fire the primer.9

The California Department of Justice (“DOJ”) publishes and maintains a roster listing all handguns that have been tested by a certified testing laboratory, determined not to be unsafe handguns, and that may be sold in California.10

DOJ may retest up to five percent of handgun models listed on the roster annually.11 The Attorney General must remove from the roster any model that fails retesting.12 DOJ also maintains a list of handguns removed from the state roster.

An “unsafe handgun” also includes:

• Any center-fire semiautomatic pistol that is not already listed on the roster as of January 1, 2006, and does not have either a chamber load indicator,13 or a magazine disconnect mechanism;14

• Any rimfire semiautomatic pistol that is not already listed on the roster as of January 1, 2006, and does not have a magazine disconnect mechanism, if it has a detachable magazine;15 and

• Any center-fire semiautomatic pistol that is not already listed on the roster as of January 1, 2007, and does not have both a chamber load indicator or, if it has a detachable magazine, a magazine disconnect mechanism.16

Due to a law that became effective January 1, 2010, new models of semiautomatic pistols sold in California are required to have microstamping technology integrated into the pistol design, or the handgun will be deemed an “unsafe handgun.”17 However, this requirement has been challenged by the gun lobby in federal court and the outcome of this litigation is still pending.

For more information on this groundbreaking technology, see our Microstamping/Ballistic Identification in California section.

For more information on the pending lawsuit challenging the microstamping requirement, please contact the Law Center directly.

  1. Cal. Penal Code § 32000(a). This requirement does not apply to firearms listed as “curios or relics,” as defined in Section 478.11 of Title 27 of the Code of Federal Regulations, or to the sale or purchase of a handgun by various state and federal agencies, including police departments, the Department of Justice, and military forces for use in the discharge of their official duties. Cal. Penal Code § 32000(b). []
  2. Cal. Penal Code § 31910. Pistols designed expressly for use in Olympic target shooting events that would normally fall within the definition of “unsafe handgun” under § 31910 are exempt from state handgun testing requirements. Cal. Penal Code § 32105(a)-(b). DOJ is required to maintain a program that exempts any qualifying new models of competitive handguns from state testing requirements and/or assault weapon regulation. Cal. Penal Code § 32105(c). USA Shooting, the national governing body for international shooting competition in the United States, or any other organization that DOJ deems relevant, may recommend handgun models for DOJ evaluation. Id. Furthermore, the state handgun testing requirements do not apply to the sale, loan, or transfer of any semiautomatic pistol that is to be used solely as a prop during the course of a motion picture, television, or video production by an authorized participant in such production while engaged in making that production or event, or by an authorized employee or agent of the entity producing that production or event. Cal. Penal Code § 32110(h). []
  3. Cal. Penal Code §§ 27545, 32110(a). []
  4. Cal. Penal Code § 31905. For detailed DOJ regulations regarding laboratory certification and handgun testing procedures, see Cal. Code Regs. tit. 11, §§ 4047-4075. []
  5. The laboratory must stop after each series of 50 rounds has been fired for five to ten minutes to allow the weapon to cool, stopping after each series of 100 rounds has been fired to tighten any loose screws and clean the gun, and stopping as needed to refill the empty magazine or cylinder to capacity before continuing. Cal. Penal Code § 31905(b)(1). The ammunition used must be of the type recommended by the handgun manufacturer, or if none is recommended, any standard ammunition of the correct caliber in new condition that is commercially available. Cal. Penal Code § 31905(b)(1). []
  6. “Malfunction” means a failure to properly feed, fire, or eject a round, or failure of a pistol to accept or reject a manufacturer-approved magazine, or failure of a pistol’s slide to remain open after a manufacturer-approved magazine has been expended. Cal. Penal Code § 31905(c)(1), (e). []
  7. Cal. Penal Code § 31905(c)(2). []
  8. Cal. Penal Code § 31900. []
  9. Cal. Penal Code § 31900(d). []
  10. Cal. Penal Code § 32015(a). []
  11. Cal. Penal Code § 32020. Three samples of each handgun model chosen must be retested using ammunition recommended by the manufacturer that is commercially available and in new condition. Cal. Penal Code § 32020(b). []
  12. Cal. Penal Code § 32020(d). []
  13. Cal. Penal Code § 31910(b)(4). A “chamber load indicator” is a device that plainly indicates that a cartridge is in the firing chamber. Cal. Penal Code § 16380. A device satisfies this definition if it “is readily visible, has incorporated or adjacent explanatory text or graphics, or both, and is designed and intended to indicate to a reasonably foreseeable adult user of the pistol, without requiring the user to refer to a user’s manual or any other resource other than the pistol itself, whether a cartridge is in the firing chamber.” Id. []
  14. A “magazine disconnect mechanism” is a mechanism that prevents a semiautomatic pistol that has a detachable magazine from operating to strike the primer of ammunition in the firing chamber when a detachable magazine is not inserted in the semiautomatic pistol. Cal. Penal Code § 16900. []
  15. Cal. Penal Code § 31910(b)(6). []
  16. Cal. Penal Code § 31910(b)(5). Pursuant to Cal. Penal Code § 32010, any pistols which do not possess the required chamber load indicator and magazine disconnect mechanism cannot be submitted for testing to be added to DOJ’s roster of handguns available for sale in California. []
  17. Cal. Penal Code § 31910(b)(7). []

California State Law Summary

Posted on Monday, January 12th, 2015

california

View a comprehensive summary of new state laws enacted in 2013 and 2014.

 

ca-state-laws

Last updated January 12, 2015

** Please note that, as of January 1, 2012, many of California’s firearms laws were renumbered. Please review this disposition table for more information. **

Among other things, California:

In addition, in 2007, California became the first jurisdiction in the nation to require handgun microstamping and, in 2014, was the first to enact a Gun Violence Restraining Order law to help keep guns out of the hands of dangerous people.

In 2012, California had the 9th lowest number of gun deaths per capita among the states. Even with this relatively low ranking, that still meant 3,068 deaths from firearms for that single year. Firearms also injure a huge number of people in California each year. For example, in 2008, the most recent year for which statistics are available, 3,081 people were treated in emergency departments for non-fatal gunshot wounds in California.

Based on data published by Mayors Against Illegal Guns, California consistently ranks among the top ten suppliers of guns recovered after being used in crimes in other states. However, when population is taken into account, California is the fifth lowest supplier of guns recovered from crimes in other states. In addition, California is the fourth largest supplier (among the states) of crime guns to Mexico when population is taken into account. Note, however, that California supplies crime guns to Mexico at less than one-third the rate of Arizona, the nation’s top supplier of crime guns to Mexico.

Municipalities across California have enacted a variety of gun violence prevention ordinances to make their communities safer. For more information on local ordinances in California, download our publication Communities on the Move 2000: How California Communities Are Addressing the Epidemic of Handgun Violence.
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Non-Powder Guns in California

Posted on Monday, January 12th, 2015

See our Non-Powder Guns policy summary for a comprehensive discussion of this issue.

California prohibits any person from:

  • Selling a BB device to a person under age 18.1
  • Furnishing a BB device to a person under age 18 without the permission of the minor’s parent or legal guardian.2
  • Possessing any “instrument that expels a metallic projectile such as a BB or a pellet, through the force of air pressure, CO[2] pressure, or spring action, or any spot marker gun,” on the grounds of or within any public or private school providing instruction in grades K-12, without the written permission of the school principal.3
  • Drawing or exhibiting an imitation firearm in a threatening manner in such a way that a reasonable person would fear bodily harm, except in self-defense.4 An “imitation firearm” is any BB device, toy gun, replica of a firearm, or other device that is so substantially similar in coloration and overall appearance to an existing firearm that a reasonable person would perceive that the device is a firearm.5
  • Openly displaying or exposing any imitation firearm in a “public place.”6
  • Knowingly possessing an imitation firearm or any instrument that expels a metallic projectile, such as a BB or pellet, through the force of air pressure, CO[2 ]pressure, or spring action, within the sterile area of a public transit facility, if the sterile area is posted with a statement providing reasonable notice of the prohibition.7
  • Carrying or possessing an instrument that expels a metallic projectile, such as a BB or pellet, through the force of air pressure, CO[2] pressure, or spring action, in the State Capitol, any legislative office, any office of the Governor or other constitutional officer, or any hearing room in which any committee of the Senate or Assembly is conducting a hearing, or upon the grounds of the State Capitol, which is bounded by 10th, L, 15th, and N Streets in the City of Sacramento, as long as the area is posted with a statement providing reasonable notice that prosecution may result from doing so.8

California also prohibits purchasing, selling, manufacturing, shipping, transporting, distributing, or receiving an imitation firearm9 for commercial purposes unless the imitation firearm is one of the following:

  • A non-firing collector’s replica that is historically significant and offered for sale in conjunction with a wall plaque or presentation case;
  • A BB device;10
  • A device where the entire surface is certain bright colors, or which is entirely transparent so that the contents are completely visible; or
  • Starting January 1, 2016, a spot marker gun which expels a projectile that is greater than 10mm caliber.11

This prohibition does not prevent the manufacture, purchase, sale, shipping, transport, distribution, or receipt, by mail or in any other manner, of imitation firearms:

  • Solely for export in interstate or foreign commerce;
  • Solely for lawful use in theatrical productions, including motion picture, television, and stage productions;
  • For use in a certified or regulated sporting event or competition;
  • For use in military or civil defense activities, or ceremonial activities; or
  • For public displays authorized by public or private schools.12

California law also prohibits changing, altering, removing, or obliterating of any coloration or markings required for any imitation firearm or device as described above in any way that makes the imitation firearm or device look more like a firearm.13

California requires any imitation firearm manufactured after July 1, 2005 to have, at the time of offer for sale in California, a conspicuous advisory in writing as part of the packaging, stating that: 1) the product may be mistaken for a real firearm by law enforcement officers or others; 2) altering the coloration or markings required by law to make the product look more like an actual firearm is dangerous and possibly illegal; and 3) brandishing or displaying the imitation firearm in public may cause confusion and be a crime.14

  1. Cal. Penal Code § 19910. California defines a “BB device” as any instrument that expels a projectile, such as a BB or a pellet, not exceeding 6mm caliber, through the force of air pressure, gas pressure, or spring action, or any spot marker gun. Starting January 1, 2016, the 6mm restriction will be removed and “not exceeding 6mm caliber” will be deleted from the definition. Cal. Penal Code § 16250. []
  2. Cal. Penal Code § 19915. []
  3. Cal. Penal Code § 626.10(a)(1), (f). []
  4. Cal. Penal Code § 417.4. []
  5. Cal. Penal Code § 16700(a). []
  6. “Public place” means any area open to the public and includes streets, sidewalks, bridges, alleys, plazas, parks, driveways, front yards, parking lots, automobiles (whether moving or not), buildings open to the general public, including those that serve food or drink or provide entertainment, the doorways and entrances to buildings or dwellings, and public schools and public or private colleges and universities. Cal. Penal Code § 20170-20180. This prohibition does not apply in various circumstances, including to an imitation firearm whose entire surface is certain bright colors, or which is entirely transparent so that the contents are completely visible. Cal. Penal Code § 20175. More specifically, this prohibition does not apply to an imitation firearm whose entire surface is white, bright red, bright orange, bright yellow, bright green, bright blue, bright pink, or bright purple, either singly or as the predominant color in combination with other colors in any pattern, or which is entirely constructed of transparent or translucent materials that permit unmistakable observation of the device’s complete contents. Cal. Penal Code § 20175(m). []
  7. Cal. Penal Code § 171.7(b)(3). “Sterile area” means any portion of a public transit facility that is generally controlled in a manner consistent with the public transit authority’s security plan. Cal. Penal Code § 171.7(a)(2). []
  8. Cal. Penal Code § 171c(a)(1). []
  9. An “imitation firearm” is any BB device, toy gun, replica of a firearm, or other device that is so substantially similar in coloration and overall appearance to an existing firearm that a reasonable person would perceive that the device is a firearm. Cal. Penal Code § 16700(a). []
  10. Pursuant to a California law passed in 2014, starting on January 1, 2016, a BB device that is 6mm or 8mm caliber will only be exempt if, when configured as a handgun, it has a trigger guard with fluorescent coloration over the entire guard and a fluorescent adhesive band around the pistol grip, or, when configured as a long gun, has a fluorescent trigger guard and a fluorescent adhesive band around the circumference of any two of the following: 1) the pistol grip, 2) the buttstock, or 3) a protruding ammunition magazine or clip; all of these requirements are in addition to the blaze orange ring on the barrel required by federal law. This new law is designed to prevent situations where law enforcement officers may confuse BB or Airsoft guns with real firearms. []
  11. Cal. Penal Code §§ 16700(b), 20165. []
  12. Cal. Penal Code § 20165(b). []
  13. Cal. Penal Code § 20150(a). This provision does not apply to any manufacturer, importer, or distributor of imitation firearms, or to their lawful use in theatrical productions. Cal. Penal Code § 20150(b), (c). []
  14. Cal. Penal Code § 20160(a). Any manufacturer, importer, or distributor that fails to comply with this requirement is liable for maximum civil fines of $1,000 for the first violation, $5,000 for the section violation, and $10,000 for the third and subsequent violations. Cal. Penal Code § 20160(b). []