Regulations: Dealer Video and Audio Surveillance Certification

Summary:

Prior to the passage of Senate Bill (SB) 1384, state law imposed no requirements on licensees regarding the maintenance of a digital video and audio surveillance system. Effective January 1, 2024, SB 1384 requires licensees to install a digital video and audio surveillance system on their business premises, including permanently mounted cameras that: record 24 hours a day; record audio inside the premise; and have a visible timestamp with the date and time. The new law also requires licensees to maintain the recordings for a minimum of one year in a manner that protects them from tampering or theft. SB 1384 also requires licensees to certify that their digital video and audio surveillance system is in proper working order when annually renewing their continued placement on the Department’s Centralized List of Firearms Dealers. (Penal Code, § 26806, subd. (d))

This proposed regulation updates the procedure for licensees’ annual renewal for placement on the Department’s Centralized List of Firearms Dealers to include certification to the Department that a digital video and audio surveillance system is in proper working order and complies with the requirements set forth in Penal Code section 26806. The proposed regulation also updates the process applicants must follow to apply for placement on the Centralized List. Assembly Bill (AB) 28 (stats. 2023, ch. 231) amended Penal Code Section 26705, subdivision (b), to update the seller permit requirement by replacing “Board of Equalization” with “California Department and Fee Administration (CDTFA).” AB 28 also added a new requirement for placement on the Centralized List. Commencing July 1, 2024, applicant must provide a valid certificate of registration issued pursuant to Revenue and Taxation Code section 36036.

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Notice Register Publication Date: April 26, 2024

Status of the Proposal:

The rulemaking is complete. On July 30, 2024, the Office of Administrative Law approved the regulations and filed them with the Secretary of State. The regulations become effective on October 1, 2024.

Final Rulemaking Documents:

Public Notice and Related Documents