Explore The NRA Universe Of Websites

APPEARS IN Legal & Legislation

California: Firearm Dealer Ban Legislation Scheduled to be heard April 5

Friday, April 1, 2016

California: Firearm Dealer Ban Legislation Scheduled to be heard April 5

This is no April Fool’s day joke - the devastating firearm dealer ban, Assembly Bill 2459, authored by NRA-PVF “F” rated Assembly Member Kevin McCarty, has been scheduled to be heard in the Assembly Committee on Public Safety on Tuesday, April 5 at 9:00 AM in State Capitol, Room 126.  It is imperative that you contact the members of the Assembly Public Safety Committee and respectfully urge them to OPPOSE this appalling anti-Second Amendment bill.

As mentioned in our previous alert, gun control advocates have made their agenda very clear – removal of firearm availability piece by piece, until it is completely gone in California.   AB 2459 would do just that, should this legislation become law. 

AB 2459 would make four serious changes to California’s dealer licensing requirements.  

  1. ​​​​A prohibition on licensee business premises being on a residential property.
  2. ​A clear statement that localities may impose more restrictive requirements on licensees than those imposed by state law.
  3. ​A requirement that licensees maintain full color video surveillance that is of sufficient quality to provide for facial recognition and records all firearm transactions on the premises, all locations where firearms and ammunition are stored, the immediate exterior of the licensed premises, and all parking facilities owned by the licensee.  The video equipment would be required to run during all business hours and be set to begin recording when motion is detected at all other times.  The licensee would have to certify to having compliant video equipment at least yearly and make any needed repairs to the equipment within 15 days of any damage.  The footage would need to be stored on the premises for at least five years, but that could be extended if the footage may be part of a law enforcement investigation.  Licensees would also be required to post a prominent sign indicating that customers are being recorded.  
  4. ​​All licensees would be required to have a liability policy of a minimum of $1M per incident to cover liability arising from "theft, sale, lease or transfer or offering for sale, lease or transfer of a firearm or ammunition, or any other operations of the business and business premises."

Federal Firearm Licensed Dealers (FFLs) in California already have to comply with strict federal and state requirements on those engaged in the business of dealing in firearms, including background check and record keeping requirements. 

The video surveillance and storage requirement alone is likely to create so much additional cost to running a retail firearm business that most, if not all, firearms dealers will be forced out of business.  Not only will that requirement mandate expensive high resolution cameras covering all aspects of a firearm business, including the parking lot, it will also mandate on-site storage of the surveillance footage.  Storage of this much video footage will require many costly terabytes of data storage.  And, because the footage must stay on-site, dealers will have no choice but to purchase their own storage devices.    

Because nearly all firearms sales and transfers in California must be conducted by or through a licensed dealer, AB 2459 is also likely to be unconstitutional and lead to costly litigation for the state.  A federal court has ruled that regulations that have the effect of banning all or nearly all firearm sales and transfers are unconstitutional.  Illinois Ass'n of Firearms Retailers v. City of Chicago, 961 F. Supp. 2d 928 (N.D. Ill. 2014).  Beyond the fiscal impact on firearm businesses, AB2459 raises substantial privacy concerns.  Every person who enters a firearms dealer, or even simply walks near a firearms dealer, would be subject to video surveillance.  And, for firearm dealers, requiring surveillance of non-public areas of the business is in-effect a nullification of their right to be free from warrantless searches.    

It is critical that all gun owners in California work together to stop this egregious bill.  After you have contacted the Public Safety Committee members, please make sure you forward this alert to your family, friends, fellow gun owners, Second Amendment supporters and sportsmen and urge them to do the same.

 

IN THIS ARTICLE
California FFL Gun Shops
TRENDING NOW
“[A]ll We Need You to Do is Give us the Gun”: U.K. Launches National Firearm Surrender Campaign

News  

Monday, May 23, 2022

“[A]ll We Need You to Do is Give us the Gun”: U.K. Launches National Firearm Surrender Campaign

On March 12, a two-week campaign was launched in the United Kingdom to encourage subjects of Her Majesty the Queen to surrender firearms, ammunition, weapons, and any other object even vaguely reminiscent of a gun ...

President Donald J. Trump to Address NRA Members at the 2022 NRA Annual Meetings and Exhibits in Houston, Texas

News  

Thursday, May 12, 2022

President Donald J. Trump to Address NRA Members at the 2022 NRA Annual Meetings and Exhibits in Houston, Texas

Former President Donald J. Trump will headline the 2022 NRA-ILA Leadership Forum on May 27, at the George R. Brown Convention Center in Houston.

Choke Point “Lite”

News  

Monday, May 23, 2022

Choke Point “Lite”

Ten years ago, the Obama Administration introduced “Operation Choke Point,” a program to weaponize the banking industry and financial service providers against certain lawful businesses and merchants. Implemented by Eric Holder’s Department of Justice and ...

ATF Partners with Anti-gun Researchers to Expand Agency’s Power

News  

Monday, May 23, 2022

ATF Partners with Anti-gun Researchers to Expand Agency’s Power

On May 17, the Department of Justice announced the release of a Bureau of Alcohol, Tobacco, Firearms and Explosives publication titled the National Firearms in Commerce and Trafficking Assessment (NFCTA). The report is the result of the ...

NRA Achieves Historical Milestone as 25 States Recognize Constitutional Carry

News  

Friday, April 1, 2022

NRA Achieves Historical Milestone as 25 States Recognize Constitutional Carry

Half the country will now enjoy the freedom to carry a handgun for self-defense without a permit from the state thanks to the tireless efforts of men and women of the National Rifle Association. 

New Jersey: “Mandatory Jail” Bill Scheduled for Senate Hearing Thursday

Wednesday, May 18, 2022

New Jersey: “Mandatory Jail” Bill Scheduled for Senate Hearing Thursday

Tomorrow at 10:00 a.m., the Senate Law & Public Safety Committee is scheduled to consider S.513, legislation which would create a rebuttable presumption of no bail for gun offenses.

Guide To The Interstate Transportation Of Firearms

Gun Laws  

Thursday, January 1, 2015

Guide To The Interstate Transportation Of Firearms

CAUTION: Federal and state firearms laws are subject to frequent change. This summary is not to be considered as legal advice or a restatement of law.

Hunter Biden Incident Shows that Gun Laws are for the Little People

News  

Monday, April 5, 2021

Hunter Biden Incident Shows that Gun Laws are for the Little People

There is a central hypocrisy at the heart of the gun control effort.

California: Anti-Gun Bills Eligible for Floor Votes

Saturday, May 21, 2022

California: Anti-Gun Bills Eligible for Floor Votes

On Thursday, both the Assembly and Senate Appropriations Committees took up their suspense files prior to the fiscal deadline, passing a number of anti-gun bills and one pro-hunting bill. These bills will now be eligible ...

NRA Statement Ahead of 2022 NRAAM

News  

Wednesday, May 25, 2022

NRA Statement Ahead of 2022 NRAAM

The National Rifle Association released the following statement on Wednesday, May 25

MORE TRENDING +
LESS TRENDING -

More Like This From Around The NRA

NRA ILA

Established in 1975, the Institute for Legislative Action (ILA) is the "lobbying" arm of the National Rifle Association of America. ILA is responsible for preserving the right of all law-abiding individuals in the legislative, political, and legal arenas, to purchase, possess and use firearms for legitimate purposes as guaranteed by the Second Amendment to the U.S. Constitution.