Brutal Video Surveillance Law Taking Effect January 1, 2024
WHAT YOU NEED TO KNOW
At the close of the 2022 Legislative Session, SB 1384 was passed by both the Assembly and Senate, and Governor Newsom was more than happy to sign the bill to force licensed firearms dealers to have a digital video surveillance system on their premises.
GOC made a lot of noise lobbying against this extraordinary violation of privacy rights. The capturing of images around the clock – regardless whether they are firearms or ammo related is a gross intrusion of personal privacy, and colossal financial burden to business owners conducting legal business endeavors. This law is punitive and ignores the fact that those who commit heinous acts of violence with guns don’t patronize gun stores or acquire their firearms from licensed dealers. GOC believes that this bill violates two of our enumerated constitutional rights – the 2nd Amendment and the 4th.
WHEN DOES THE LAW GO INTO EFFECT? January 1, 2024
TO SUMMARIZE, WHAT DOES THIS NEW LAW REQUIRE?
The law requires licensed firearm vendors to ensure that their business premises are monitored by a digital video and audio surveillance system. Additionally, it requires licensees to carry a general liability insurance policy providing at least one million dollars of coverage per incident.
WHAT MUST GUN DEALERS DO IN ORDER TO COMPLY WITH THIS LAW:
- Requires, commencing January 1, 2024, a licensed firearm dealer to ensure that its business premises are monitored by a digital video surveillance system that meets the following requirements:
- The system shall clearly record images, and, for systems located inside the premises, audio of the area under surveillance.
- 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 specified areas and reasonably produce recordings that allow for the clear identification of any person.
- The areas recorded shall include, without limitation, interior and exterior views of all entries or exits to the premises, all areas where firearms are displayed, and all points of sale, sufficient to identify the parties involved in the transaction.
- The system shall continuously record 24 hours per day at a frame rate no less than 15 frames per second.
- 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.
- Recordings shall be maintained for a minimum of 1 year.
- Recorded images shall clearly and accurately display the date and time.
- 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.
- Specifies that a licensee shall not use, share, allow access, or otherwise release recordings, except as follows:
- A licensee shall allow access to an agent of the DOJ or a licensing authority conducting an inspection of the licensee’s premises to ensure compliance with this bill, and only if a warrant or court order would not generally be required for that access.
- A licensee shall allow access or release recordings pursuant to a search warrant or other court order.
- A licensee may allow access 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.
- Requires that a licensee must post a sign in a conspicuous place at each entrance to the premises stating, “These premises are under video surveillance. Your image and conversations may be recorded.”
- Requires that licensees shall, on an annual basis, provide certification to the department that its video surveillance system is in proper working order.
- Specifies that its provisions do not preclude any local authority or governing body from adopting or enforcing local laws or policies regarding video surveillance that do not contradict or conflict with the requirements of this bill.
- Commencing July 1, 2023, required that licensees carry a general liability insurance policy providing at least $1 million of coverage per incident.
- Specifies that the above provision does not preclude any local authority from requiring a more stringent requirement regarding liability insurance.
***ARE THERE PENALTIES FOR NON-COMPLIANCE?***
Failure to submit the required certification will initiate a dealer’s removal from DOJ’s centralized list of licensed federal firearms dealers. Notification shall be provided to local law enforcement and licensing authorities in the jurisdiction where the dealer’s business is located.
