HB 1126

The act clarifies that a state permit to engage in the business of dealing in firearms (state permit) is required for a firearms dealer (dealer) to transfer firearms. Under existing law, in order to be issued a state permit, a dealer must not have had a firearms dealer license or permit or a firearm possession permit revoked, suspended, or denied for good cause within 3 years before submitting a state permit application (prior license requirement) and must not have violated any state or federal law concerning the possession, purchase, or sale of firearms in the 3 years before applying for the state permit (prior violation requirement). The act clarifies that the prior license and prior violation requirements apply to an individual possessing, directly or indirectly, the power to direct or cause the direction of the management and policies of the dealer, known as a 'responsible person' of the dealer. The act makes the dealer training requirements apply to responsible persons who, in the course of their duties, handle firearms; process the sale, loan, or transfer of firearms; or otherwise have access to firearms. The act makes provisions related to a dealer's employees who handle firearms; process the sale, loan, or transfer of firearms; or otherwise have access to firearms also apply to any individual, including an independent contractor, who performs an employee's duties, whether paid or unpaid. The act permits the department of revenue (department) to fine a dealer up to $75,000 for a second or subsequent violation of certain dealer requirements committed on or after January 1, 2027. The department shall adopt rules concerning the imposition of fines. Under existing state law, dealers are subject to record-keeping requirements involving pistols and revolvers sold, rented, or exchanged at retail. The act makes the record-keeping requirements apply to all retail transactions, including a transfer, involving a firearm other than a destructive device, clarifies that dealers may keep the records electronically, and prohibits the department and any other state agency from using information obtained from dealer records to create or maintain a registry identifying firearm ownership. The act requires a dealer to secure large-capacity magazines in the dealer's possession. The department shall adopt rules requiring security measures for dealers' places of business, and a dealer shall submit a comprehensive security plan to the department that demonstrates the security measures that the dealer will implement to comply with the rules. Beginning October 1, 2027, a dealer must implement the security measures. The act requires a dealer to report the theft or loss of a firearm to the department within 48 hours after learning of the theft or loss. (Note: This summary applies to this bill as enacted.)