Cal. Penal Code - PEN § 23620. Section 23620.
This division and Sections 16540, 16610, and 16870 shall be known and may be cited as the “Aroner-Scott-Hayden Firearms Safety Act of 1999.”
DIVISION 2. FIREARM SAFETY DEVICES, GUN SAFES, AND RELATED WARNINGS [23620. - 23690.]
Cal. Penal Code - PEN 6.
in effectCal. Penal Code - PEN § 23625. Section 23625.
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.
Cal. Penal Code - PEN § 23630. Section 23630.
(a)
This division does not apply to the commerce of any antique firearm.
(b)
(1)
This division does 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.
(2)
Nothing in this division precludes a local government, local agency, or state law enforcement agency from requiring its peace officers to store their firearms in gun safes or attach firearm safety devices to those firearms.
(c)
As used
in this division, the following terms have the following meanings:
(1)
“Department” means the Department of Justice.
(2)
“Device” means a firearm safety device as described in Section 23650.
(3)
“Roster” means the roster of approved devices maintained by the department pursuant to Section 23655.
Cal. Penal Code - PEN § 23635. Section 23635.
(a)
Any firearm sold or transferred in this state by a licensed firearms dealer, including a private transfer through a dealer, and any firearm manufactured in this state, shall include or be accompanied by a firearm safety device that is listed on the Department of Justice’s roster of approved firearm 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)
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 23650. 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 dealer’s record of sales of firearms.
(c)
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 paragraphs (1) to (3), inclusive, have been satisfied.
(5)
The firearms dealer maintains a copy of the receipt along with the dealer’s record of sales of firearms.
(d)
(1)
Any long-gun safe commercially sold or transferred in this state, or
manufactured in this state for sale in this state, that does not meet the standards for gun safes adopted pursuant to Section 23650 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 23650. It does not satisfy the requirements of Penal Code Section 23635, which mandates that all firearms sold in California be accompanied by a firearm safety device or proof of ownership, as required by law, of a gun safe that meets the Section 23650 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.
(e)
Any firearm sold or transferred in this state by a licensed firearms dealer, including a private transfer through a dealer, and any firearm manufactured in this state, shall be accompanied by warning language or a label as described in Section 23640.
Cal. Penal Code - PEN § 23640. Section 23640.
(a)
(1)
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
Firearms must be handled responsibly and securely stored to prevent access by children and other unauthorized users. California has strict laws pertaining to firearms, and you may be fined or imprisoned if you fail to comply with them. Visit the website of the California Attorney General at https://oag.ca.gov/firearms for information on firearm laws
applicable to you and how you can comply.
Prevent child access by always keeping guns locked away and unloaded when not in use. If you keep a loaded firearm where a child obtains and improperly uses it, you may be fined or sent to prison.
If you or someone you know is contemplating suicide, please call the national suicide prevention lifeline at 1-800-273-TALK (8255).
(2)
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 satisfy both of the following requirements:
(1)
It shall be displayed in its entirety on the principal display panel of the firearm’s package, and on any descriptive materials that accompany the firearm.
(2)
It 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 that package or descriptive materials, in a manner consistent with Section 1500.121 of Title 16 of the Code of Federal Regulations, or successor regulations thereto.
(3)
This section shall become operative on June 1, 2020.
Cal. Penal Code - PEN § 23645. Section 23645.
(a)
Any violation of Section 23635 or Section 23640 is punishable by a fine of one thousand dollars ($1,000).
(b)
On a second violation of any of those sections, a licensed firearm manufacturer shall be ineligible to manufacture, or a 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).
(c)
(1)
On a third violation of any of those sections, a firearm manufacturer shall be permanently ineligible to manufacture firearms in this state.
(2)
On a
third violation of any of those sections, a licensed firearm dealer shall be permanently ineligible to sell firearms in this state.
Cal. Penal Code - PEN § 23650. Section 23650.
(a)
The Attorney General shall develop regulations to implement a minimum safety standard for firearm safety devices and gun safes to significantly reduce the risk of firearm-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 firearm 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.
(c)
The Attorney General shall commence development of regulations under this section no later than January 1, 2000. The Attorney General shall adopt and issue regulations implementing a final standard no 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.
Cal. Penal Code - PEN § 23655. Section 23655.
(a)
The Department of Justice shall certify laboratories to verify compliance with standards for firearm safety devices set forth in Section 23650.
(b)
The department may charge any laboratory that is seeking certification to test devices a fee not exceeding the costs of certification, including costs associated with laboratory inspections and development and approval of regulations and standards pursuant to Section 23650.
(c)
The certified laboratory shall,
at the manufacturer’s or dealer’s expense, test a device and submit a copy of the final test report directly to the department, regardless of whether the device has passed or failed to meet standards, along with, for those devices that have passed, one prototype of the device. The department shall retain this prototype for at least as long as the device remains listed on the roster to ensure that the manufacturer complies with Section 23658 and to assist the department with any determinations made pursuant to Section 23680.
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 device tested may be sold in this state.
(d)
(1)
The department shall compile, publish, and maintain a roster listing all of the devices that have been tested by a certified testing laboratory, have been determined to meet the department’s standards for devices, and may be sold in this state.
(2)
A device shall not be added to the roster after January 1, 2025, unless the entity seeking the listing has complied with all applicable provisions of Sections 2105, 15909.02, 16959, and 17708.02 of the Corporations Code.
(3)
Commencing on January
1, 2026, the department may, for each device on the roster for which a prototype has been submitted to the department, charge the entity that manufactures, causes to be manufactured, or imports the device into the state for sale, an annual fee not to exceed the reasonable costs of storage of prototype devices,
as required by subdivision (c) and by subdivision (d) of Section 23658.
(4)
The fee described in paragraph (3) shall be paid no later than on the first business day of each calendar year.
(5)
The department may remove from the roster any device for which the fee described in paragraph (3) has not been paid.
(6)
The department may remove from the roster any device that the department determines is being sold or otherwise provided to the public in a form that has been modified from the form that was tested and approved.
(e)
The department may, for each device listed on the roster after January
1, 2026, charge the entity that manufactures, causes to be manufactured, or imports the device into the state for sale, an initial roster listing fee not to exceed the reasonable costs of reviewing the final test report described in subdivision (c) and determining whether the device meets the department’s standards for devices approved to be sold in this state and reasonable costs associated with the storage and transportation of the submitted prototypes.
(f)
(1)
The roster shall list, for each device, the manufacturer, model number, and model name.
(2)
A device shall not be added to the roster after January 1, 2026, unless the name of the manufacturer, the model number, and the model name, as they appear on the roster, are engraved or otherwise permanently affixed to the device.
(g)
(1)
The department may randomly retest samples obtained
from sources other than directly from the manufacturer of the device listed on the roster to ensure compliance with the requirements of this division.
(2)
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.
(3)
The department may remove from the roster any device it determines does not meet established standards based upon
further testing.
Cal. Penal Code - PEN § 23656. Section 23656.
(a)
If a device is removed from the roster pursuant to paragraph (5) of subdivision (d) of Section 23655, the listing entity may request that the device be reinstated on the roster by submitting the delinquent annual listing fee and a written request to the department stating that no modifications have been made to the device. The department shall reinstate the device on the roster upon approval of the written request.
(b)
If a device is removed from the roster pursuant to paragraph (6) of subdivision (d) of, or paragraph (3) of subdivision (g) of, Section 23655, the listing entity may submit a petition for reinstatement to the department and submit the device for testing pursuant to Section 23655. If the device passes laboratory testing and the department determines the device is otherwise in compliance with this division, the department shall reinstate the device on the roster after the listing entity pays the fee described in subdivision (e) of Section 23655.
(c)
This section does not preclude the department from retesting any listed device at any time.
Cal. Penal Code - PEN § 23658. Section 23658.
(a)
The department may approve a device not tested by a certified laboratory and list that device on the roster if a model of the device made by the same manufacturer is already listed on the roster and the unlisted device differs from the listed device in only one or more of the following features:
(1)
Finish, including, but not limited to, color or engraving.
(2)
Any feature that does not in any way alter the material or functioning of any of the components of the device. A device with changes in dimensions may be approved by the department without additional testing on a case-by-case basis when the dimensional changes do not alter the weight of the device, the size of the door, or the functioning of the internal locking mechanisms or locking bolts.
(3)
Any change in name or model number that does not affect the design or function of the device.
(4)
Any engraved or permanently affixed marking added pursuant to
paragraph (2) of subdivision (f) of Section 23655.
(b)
Any manufacturer seeking to have a device approved pursuant to this section shall provide the department with all of the following:
(1)
The model name and model number of the device that is already listed on the roster.
(2)
The model name and model number of each device the manufacturer seeks to have listed pursuant to this section.
(3)
A statement, signed under penalty of perjury, that each unlisted device for which listing is sought differs from the
device
listed on the roster only in one or more of the ways identified in subdivision (a) and is in all other respects identical to the listed device. For each unlisted device, the statement shall also identify each difference between the unlisted device and the device listed on the roster.
(c)
The department shall review each device submitted pursuant to this section on a case-by-case basis, including comparing the unlisted device to the listed device when necessary, to determine whether new testing by a certified testing laboratory is required.
(d)
The department may, at its discretion and at any time, require a manufacturer to provide to the department a prototype of any device model for which listing on the roster is sought pursuant to this section. If the department requests and receives a prototype device, and the device is listed on the roster pursuant to subdivision (a), the department shall retain this prototype for at least as long as the device remains listed on the roster to ensure that the manufacturer complies with this section and to assist the department with any
determinations made pursuant to Section 23680.
(e)
Commencing on January 1, 2026, the department may, for each device listed on the roster pursuant to this section, charge the entity that manufactures, causes to be manufactured, or imports the device into the state for sale, an initial roster listing fee not to exceed the reasonable costs of reviewing the device and the manufacturer’s related submissions as required under this section and pursuant to subdivision (e) of Section 23655.
Cal. Penal Code - PEN § 23660. Section 23660.
(a)
No person shall keep for commercial sale, offer, or expose for commercial sale, or commercially sell any firearm safety device that is not listed on the roster maintained pursuant to subdivision (d) of Section 23655, or that does not comply with the standards for firearm safety devices adopted pursuant to Section 23650.
(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 23655, or that does not comply with the standards for firearm safety devices adopted pursuant to Section 23650.
Cal. Penal Code - PEN § 23665. Section 23665.
(a)
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 23650, unless the long-gun safe is labeled by the manufacturer consistent with the requirements of Section 23635.
(b)
(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 23650, 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 23650, is in violation of this section, and is
punishable as provided in Section 23670, unless the long-gun safe is labeled pursuant to Section 23635.
(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 23650, and who removes or causes to be removed, from the long-gun safe, the label required pursuant to Section 23635, is in violation of this section, and is punishable as provided in Section 23670.
Cal. Penal Code - PEN § 23670. Section 23670.
(a)
(1)
A violation of Section 23660 or 23665 is punishable by a civil fine of up to five hundred dollars ($500).
(2)
A second violation of any of those sections, which 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.
(3)
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.
(b)
The Attorney General, a district attorney, or a city attorney may bring a civil action for a violation of Section 23660 or 23665.
Cal. Penal Code - PEN § 23675. Section 23675.
Compliance with the requirements set forth in this division does not relieve any person from liability to any other person as may be imposed pursuant to common law, statutory law, or local ordinance.
Cal. Penal Code - PEN § 23680. Section 23680.
(a)
(1)
If a firearm safety device on the roster is recalled by the United States Consumer Product Safety Commission, or by any other state or federal government entity, the manufacturer of that device must notify the department of the recall within seven days of public notice of the recall.
(2)
The department may remove from the roster a device that is the subject of a recall by the United States Consumer Product Safety Commission or any other state or federal government
entity.
(b)
If at any time the department determines that a gun safe or firearm safety device subject to the provisions of this division and sold after January 1, 2002, does not conform with the standards required by subdivision (a) of Section 23635 or Section 23650, the department may order the recall and replacement of the gun safe or firearm safety device, or order that the gun safe or firearm safety device be brought into conformity with those requirements.
(c)
If the department determines that the firearm 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 department.
(d)
If the department determines that the firearm safety device cannot be separated from the firearm without damaging the firearm, the
department may order the recall and replacement of the firearm.
Cal. Penal Code - PEN § 23685. Section 23685.
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 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. The report shall also indicate whether as a result of that incident the child died, suffered serious injury, or was treated for an injury by a medical professional.
Cal. Penal Code - PEN § 23690. Section 23690.
(a)
(1)
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, except that the Department of Justice may increase the fee at a rate not to exceed any increase in the California Consumer Price Index, as compiled and reported by the Department of Industrial Relations, and not to exceed the reasonable cost of regulation to the Department of Justice.
(2)
The fee shall be for the purpose of supporting department program costs related to this act, including the establishment, maintenance, and upgrading of related database systems and public rosters.
(b)
(1)
There is hereby created within the General Fund the Firearm Safety Account.
(2)
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.
(3)
Expenditures from the Firearm Safety Account shall be limited to program expenditures as defined by subdivision (a).
Source: CA Legislative Counsel Bulk DataURL: https://downloads.leginfo.legislature.ca.gov/pubinfo_2025.zipFetched: 6/27/2026