§ 26806. — 26806. (Added by Stats. 2022, Ch. 995, Sec. 2.)

California § 26806.

• Jurisdiction: California
• Code PEN: Penal Code - PEN
• Div.: 6.
• Title: 4.
• Part 6.: DIVISION 6. SALE, LEASE, OR TRANSFER OF FIREARMS
• Ch. 2.: CHAPTER 2. Issuance, Forfeiture, and Conditions of License to Sell, Lease, or Transfer Firearms at Retail
• Art. 2.: ARTICLE 2. Grounds for Forfeiture of License

Text

(a)
Commencing January 1, 2024, a licensee shall ensure that its business premises are monitored by a digital video surveillance system that meets all of the following requirements:
(1)
The system shall clearly record images and, for systems located inside the premises, audio, of the area under surveillance.
(2)
Each camera shall be permanently mounted in a fixed location. Cameras shall be placed in locations that allow the camera to clearly record activity occurring in all areas described in paragraph (3) and reasonably produce recordings that allow for the clear identification of any person.
(3)
The areas recorded shall include, without limitation, all of the following:
(A)
Interior views of all entries or exits to the premises.
(B)
All areas where firearms are displayed.
(C)
All points of sale, sufficient to identify the parties involved in the transaction.
(4)
The system shall continuously record 24 hours per day at a
frame rate no less than 15 frames per second.
(5)
The media or device on which recordings are stored shall be secured in a manner to protect the recording from tampering, unauthorized access or use, or theft.
(6)
Recordings shall be maintained for a minimum of one year.
(7)
Recorded images shall clearly and accurately display the date and time.
(8)
The system shall be equipped with a failure notification system that provides notification to the licensee of any interruption or failure of the system or storage device.
(b)
A licensee shall not use, share, allow access, or otherwise
release recordings, to any person except as follows:
(1)
A licensee shall allow access to the system to an agent of the department or a licensing authority conducting an inspection of the licensee’s premises, for the purpose of inspecting the system for compliance with this section, and only if a warrant or court order would not generally be required for that access.
(2)
A licensee shall allow access to the system or release recordings to any person pursuant to search warrant or other court order.
(3)
A licensee may allow access to the system or release recordings to any person in response to an insurance claim or as part of the civil discovery process, including, but not limited
to, in response to subpoenas, request for production or inspection, or other court order.
(c)
The licensee shall post a sign in a conspicuous place at each entrance to the premises that states in block letters not less than one inch in height:
“THESE PREMISES ARE UNDER VIDEO AND AUDIO SURVEILLANCE. YOUR IMAGE AND CONVERSATIONS MAY BE RECORDED.”
(d)
A licensee shall, on an annual basis, provide certification to the department, in a manner prescribed by the department, that its video surveillance system is in proper working order.
(e)
This section does not preclude any local authority or local governing
body from adopting or enforcing local laws or policies regarding video surveillance that do not contradict or conflict with the requirements of this section.

Legislative History

Added by Stats. 2022, Ch. 995, Sec. 2. (SB 1384) Effective January 1, 2023.