2009 California Penal Code - Section 12087-12088.9 :: Article 4.5. Firearms Safety Devices

PENAL CODE
SECTION 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 United
States under the age of 15 years died in unintentional shootings. In
1996 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 rates
of children and youth lost to unintentional, firearms-related deaths.
A 1997 study from the federal Centers for Disease Control and
Prevention reveals that for unintentional firearm-related deaths for
children under the age of 15, the rate in the United States was nine
times higher than in 25 other industrialized countries combined.
   (c) While the number of unintentional deaths from firearms is an
unacceptable toll on America's children, nearly eight times that
number are treated in U.S. hospital emergency rooms each year for
nonfatal unintentional gunshot wounds.
   (d) A study of unintentional firearm deaths among children in
California found that unintentional gunshot wounds most often involve
handguns.
   (e) A study in the December 1995 issue of the Archives of
Pediatric and Adolescent Medicine found that children as young as
three years old are strong enough to fire most commercially available
handguns. The study revealed that 25 percent of three to four year
olds and 70 percent of five to six year olds had sufficient finger
strength to fire 59 (92 percent) of the 64 commonly available
handguns referenced in the study.
   (f) The Government Accounting Office (GAO), in its March 1991
study, "Accidental Shootings: Many Deaths and Injuries Caused by
Firearms Could be Prevented," estimates that 31 percent of accidental
deaths caused by firearms might be prevented by the addition of two
safety devices: a child-resistant safety device that automatically
engages and a device that indicates whether the gun is loaded.
According to the study results, of the 107 unintentional
firearms-related fatalities the GAO examined for the calendar years
1988 and 1989, 8 percent could have been prevented had the firearm
been equipped with a child-resistant safety device. This 8 percent
represents instances in which children under the age of six
unintentionally shot and killed themselves or other persons.
   (g) Currently, firearms are the only products manufactured in the
United States that are not subject to minimum safety standards.
   (h) A 1997 public opinion poll conducted by the National Opinion
Research Center at the University of Chicago in conjunction with the
Johns Hopkins Center for Gun Policy and Research found that 74
percent of Americans support safety regulation of the firearms
industry.
   (i) Some currently available trigger locks and other similar
devices are inadequate to prevent the accidental discharge of the
firearms to which they are attached, or to prevent children from
gaining access to the firearm.

12087.6.  As used in this article:
   (a) "Firearms safety device" means a device other than a gun safe
that locks and is designed to prevent children and unauthorized users
from firing a firearm. The device may be installed on a firearm, be
incorporated into the design of the firearm, or prevent access to the
firearm.
   (b) "Gun safe" means a locking container that fully contains and
secures one or more firearms, and that meets the standards for gun
safes adopted pursuant to Section 12088.2.
   (c) "Long-gun safe" means a locking container designed to fully
contain and secure a rifle as defined in paragraph (20) of
subdivision (c) of Section 12020 or a shotgun as defined in paragraph
(21) of subdivision (c) of Section 12020, that has a locking system
consisting of either a mechanical combination lock or an electronic
combination lock that has at least 1,000 possible unique combinations
consisting of a minimum of three numbers, letters, or symbols per
combination, and that is not listed on the roster maintained pursuant
to subdivision (d) of Section 12088.

12088.  (a) The Department of Justice shall certify laboratories to
verify compliance with standards for firearms safety devices set
forth in Section 12088.2.
   (b) The Department of Justice may charge any laboratory that is
seeking certification to test firearms safety devices a fee not
exceeding the costs of certification, including costs associated with
the development and approval of regulations and standards pursuant
to Section 12088.2.
   (c) The certified laboratory shall, at the manufacturer's or
dealer's expense, test the firearms safety device and submit a copy
of the final test report directly to the Department of Justice along
with the firearms safety device. The department shall notify the
manufacturer or dealer of its receipt of the final test report and
the department's determination as to whether the firearms safety
device tested may be sold in this state.
   (d) On and after July 1, 2001, the Department of Justice shall
compile, publish, and thereafter maintain a roster listing all of the
firearms safety devices that have been tested by a certified testing
laboratory, have been determined to meet the department's standards
for firearms safety devices and may be sold in this state.
   (e) The roster shall list, for each firearms safety device, the
manufacturer, model number, and model name.
   (f) The department may randomly retest samples obtained from
sources other than directly from the manufacturer of the firearms
safety device listed on the roster to ensure compliance with the
requirements of this article.
   (g) Firearms safety devices used for random sample testing and
obtained from sources other than the manufacturer shall be in new,
unused condition, and still in the manufacturer's original and
unopened package.

12088.1.  (a) All firearms sold or transferred in this state by a
licensed firearms dealer, including private transfers through a
dealer, and all firearms manufactured in this state, shall include or
be accompanied by a firearms safety device that is listed on the
Department of Justice's roster of approved firearms safety devices
and that is identified as appropriate for that firearm by reference
to either the manufacturer and model of the firearm, or to the
physical characteristics of the firearm that match those listed on
the roster for use with the device.
   (b) All firearms sold or transferred in this state by a licensed
firearms dealer, including private transfers through a dealer, and
all firearms manufactured in this state shall be accompanied with
warning language or labels as described in Section 12088.3.
   (c) (1) All long-gun safes commercially sold or transferred in
this state, or manufactured in this state for sale in this state,
that do not meet the standards for gun safes adopted pursuant to
Section 12088.2 shall be accompanied by the following warning:
   "WARNING: This gun safe does not meet the safety standards for gun
safes specified in California Penal Code Section 12088.2. It does
not satisfy the requirements of Penal Code Section 12088.1, which
mandates that all firearms sold in California be accompanied by a
firearms safety device or proof of ownership, as required by law, of
a gun safe that meets the Section 12088.2 minimum safety standards
developed by the California Attorney General."
   (2) This warning shall be conspicuously displayed in its entirety
on the principal display panel of the gun safe's package, on any
descriptive materials that accompany the gun safe, and on a label
affixed to the front of the gun safe.
   (3) This warning shall be displayed in both English and Spanish in
conspicuous and legible type in contrast by typography, layout, or
color with other printed matter on the package or descriptive
materials in a manner consistent with Part 1500.121 of Title 16 of
the Code of Federal Regulations, or successor regulations thereto.
   (d) The sale or transfer of a firearm shall be exempt from
subdivision (a) if both of the following apply:
   (1) The purchaser or transferee owns a gun safe that meets the
standards set forth in Section 12088.2. Gun safes shall not be
required to be tested, and therefore may meet the standards without
appearing on the Department of Justice roster.
   (2) The purchaser or transferee presents an original receipt for
purchase of the gun safe, or other proof of purchase or ownership of
the gun safe as authorized by the Attorney General, to the firearms
dealer. The dealer shall maintain a copy of this receipt or proof of
purchase with the dealers' record of sales of firearms.
   (e) The sale or transfer of a firearm shall be exempt from
subdivision (a) if all of the following apply:
   (1) The purchaser or transferee purchases an approved safety
device no more than 30 days prior to the day the purchaser or
transferee takes possession of the firearm.
   (2) The purchaser or transferee presents the approved safety
device to the firearms dealer when picking up the firearm.
   (3) The purchaser or transferee presents an original receipt to
the firearms dealer which shows the date of purchase, the name, and
the 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 with
the dealers' record of sales of firearms.

12088.15.  (a) No person shall keep for commercial sale, offer, or
expose for commercial sale, or commercially sell any firearms safety
device that is not listed on the roster maintained pursuant to
subdivision (d) of Section 12088, or that does not comply with the
standards for firearms safety devices adopted pursuant to Section
12088.2.
   (b) No person may distribute as part of an organized firearm
safety program, with or without consideration, any firearm safety
device that is not listed on the roster maintained pursuant to
subdivision (d) of Section 12088 or does not comply with the
standards for firearms safety devices adopted pursuant to Section
12088.2.
   (c) No long-gun safe may be manufactured in this state for sale in
this state that does not comply with the standards for gun safes
adopted pursuant to Section 12088.2, unless the long-gun safe is
labeled by the manufacturer consistent with the requirements of
Section 12088.1.
   (d) (1) Any person who keeps for commercial sale, offers, or
exposes for commercial sale, or who commercially sells a long-gun
safe that does not comply with the standards for gun safes adopted
pursuant to Section 12088.2, and who knows or has reason to know,
that the long-gun safe in question does not meet the standards for
gun safes adopted pursuant to Section 12088.2, is in violation of
this 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 exposes
for commercial sale, or who commercially sells a long-gun safe that
does not comply with the standards for gun safes adopted pursuant to
Section 12088.2, and who removes or causes to be removed from the
long-gun safe, the label required pursuant to Section 12088.1, is in
violation of this section, and is punishable as provided in
subdivision (e).
   (e) A violation of this section is punishable by a civil fine of
up to five hundred dollars ($500). A second violation of this section
that occurs within five years of the date of a previous offense is
punishable by a civil fine of up to one thousand dollars ($1,000)
and, if the violation is committed by a licensed firearms dealer, the
dealer shall be ineligible to sell firearms in this state for 30
days. A third or subsequent violation that occurs within five years
of two or more previous offenses is punishable by a civil fine of up
to five thousand dollars ($5,000) and, if the violation is committed
by a licensed firearms dealer, the firearms dealer shall be
permanently ineligible to sell firearms in this state.
   (f) The Attorney General, a district attorney, or a city attorney
may bring a civil action for a violation of the provisions of this
section.

12088.2.  (a) No later than January 1, 2000, the Attorney General
shall commence development of regulations to implement a minimum
safety standard for firearms safety devices and gun safes to
significantly reduce the risk of firearms-related injuries to
children 17 years of age and younger. The final standard shall do all
of the following:
   (1) Address the risk of injury from unintentional gunshot wounds.
   (2) Address the risk of injury from self-inflicted gunshot wounds
by unauthorized users.
   (3) Include provisions to ensure that all firearms safety devices
and gun safes are reusable and of adequate quality and construction
to prevent children and unauthorized users from firing the firearm
and to ensure that these devices cannot be readily removed from the
firearm or that the firearm cannot be readily removed from the gun
safe except by an authorized user utilizing the key, combination, or
other 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 guidance
in development of the standards, test protocols such as those
described in Title 16 (commencing with Part 1700) of the Code of
Federal Regulations, relating to poison prevention packaging
standards. These protocols may be consulted to provide suggestions
for potential methods to utilize in developing standards and shall
serve as guidance only. The Attorney General shall also give
appropriate consideration to the use of devices that are not
detachable, but are permanently installed and incorporated into the
design of a firearm. The Attorney General shall adopt and issue
regulations implementing a final standard not later than January 1,
2001. The Attorney General shall report to the Legislature on these
standards by January 1, 2001. The final standard shall be effective
January 1, 2002.

12088.3.  (a) The packaging of any firearm and any descriptive
materials that accompany any firearm sold or transferred in this
state, or delivered for sale in this state, by any licensed
manufacturer, or licensed dealer, shall bear a label containing the
following warning statement:
                                     WARNING
Children are attracted to and can operate firearms that can cause
severe injuries or death.

   A yellow triangle containing an exclamation mark shall appear
immediately before the word "Warning" on the label.
   (b) If the firearm is sold or transferred without accompanying
packaging, the warning label or notice shall be affixed to the
firearm itself by a method to be prescribed by regulation of the
Attorney General.
   (c) The warning statement required under subdivisions (a) and (b)
shall be:
   (1) Displayed in its entirety on the principal display panel of
the firearm's package, and on any descriptive materials that
accompany the firearm.
   (2) Displayed in both English and Spanish in conspicuous and
legible type in contrast by typography, layout, or color with other
printed matter on that package or descriptive materials in a manner
consistent with Part 1500.121 of Title 16, of the Code of Federal
Regulations, or successor regulations thereto.

12088.4.  If at any time the Attorney General determines that a gun
safe or firearms safety device subject to the provisions of this
article and sold after January 1, 2002, does not conform with the
standards required by subdivision (a) of Section 12088.1 or Section
12088.2, the Attorney General may order the recall and replacement of
the gun safe or firearms safety device, or order that the gun safe
or firearm safety device be brought into conformity with those
requirements. If the firearms safety device cannot be separated from
the firearm without damaging the firearm, the Attorney General may
order the recall and replacement of the firearm. If the firearms
safety device can be separated and reattached to the firearm without
damaging the firearm, the licensed manufacturer or licensed firearms
dealer shall immediately provide a conforming replacement as
instructed by the Attorney General.

12088.5.  Each lead law enforcement agency investigating an incident
shall report to the State Department of Health Services any
information obtained that reasonably supports the conclusion that:
   (a) A child 18 years of age or younger suffered an unintentional
or self-inflicted gunshot wound inflicted by a firearm that was sold
or transferred in this state, or manufactured in this state.
   (b) Whether as a result of that incident the child died, suffered
serious injury, or was treated for an injury by a medical
professional.

12088.6.  Any violation of Section 12088.1 or Section 12088.3 is
punishable by a fine of one thousand dollars ($1,000). On the second
violation of any of those sections, the licensed firearm manufacturer
shall be ineligible to manufacture, or the licensed firearm dealer
shall be ineligible to sell, firearms in this state for 30 days, and
shall be punished by a fine of one thousand dollars ($1,000). On the
third violation of any of those sections, a firearm manufacturer
shall be permanently ineligible to manufacture firearms in this
state. On the third violation of any of those sections, a licensed
firearm dealer shall be permanently ineligible to sell firearms in
this state.

12088.7.  Compliance with the requirements set forth in this article
shall not relieve any person from liability to any other person as
may be imposed pursuant to common law, statutory law, or local
ordinance.

12088.8.  (a) This article does not apply to the commerce of any
firearm defined as an "antique firearm" in paragraph (16) of
subsection (a) of Section 921 of Title 18 of the United States Code.
   (b) This article shall not apply to the commerce of any firearm
intended to be used by a salaried, full-time peace officer as defined
in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2
for purposes of law enforcement. Nothing in this article shall
preclude local governments, local agencies, or state law enforcement
agencies from requiring their peace officers to store their firearms
in gun safes or attach firearms safety devices to those firearms.

12088.9.  (a) The Department of Justice may require each dealer to
charge each firearm purchaser or transferee a fee not to exceed one
dollar ($1) for each firearm transaction. The fee shall be for the
purpose of supporting department program costs related to this act,
including the establishment, maintenance, and upgrading of related
data base systems and public rosters.
   (b) There is hereby created within the General Fund the Firearm
Safety Account. Revenue from the fee imposed by subdivision (a) shall
be deposited into the Firearm Safety Account and shall be available
for expenditure by the Department of Justice upon appropriation by
the Legislature. Expenditures from the Firearm Safety Account shall
be limited to program expenditures as defined by subdivision (a).


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