Legislation

OAKLAND — California Attorney General Rob Bonta, as part of a coalition of 22 attorneys general, filed a brief in support of a federal law that prohibits firearms dealers from selling handguns and handgun ammunition to persons under the age of 21. The case, McCoy v. Bureau of Alcohol, Tobacco, Firearms & Explosives, is currently pending in the U.S. Court of Appeals for the Fourth Circuit, and addresses a Second Amendment challenge to 18 U.S.C. § 922(b)(1). States across the nation protect their citizens through the application of similar age-based restrictions on the possession, purchase, sale, transfer, or use of firearms because such laws have proven to promote public safety and curb gun violence within their borders.

“Federal law has prevented federally licensed firearms retailers from selling handguns and ammunition for handguns to individuals under the age of 21 for nearly six decades,” said Attorney General Bonta. “As firearms continue to lead to more than 45,000 deaths per year, it is unwise to overturn this long-standing federal prohibition that helps reduce the scourge of gun violence in our communities. We support these federal regulations and those of sister states aimed at ending gun violence through commonsense laws that improve public safety."

In the brief, the states assert that the federal law is constitutional under the Second Amendment, as it is consistent with a historical tradition of federal and state regulations promoting gun safety and protecting communities from gun violence. The coalition argues that the district court’s decision misreads the U.S. Supreme Court’s decision in New York State Rifle & Pistol Association, Inc. v. Bruen, which preserves federal authority to regulate firearms through laws that are “consistent with the Second Amendment’s text and historical understanding.”

Attorney General Bonta urges the Fourth Circuit Court of Appeals to overturn the lower court decision because:

• The Second Amendment allows governments to enact measures to promote gun safety and protect against gun violence that are consistent with historical tradition. 
• The challenged restriction is consistent with measures taken by many states and upheld on historical grounds by courts across the country. 

Attorney General Bonta stands with partners throughout the state to continue tackling the issue of gun violence strategically and aggressively by:

• Defending California’s commonsense gun laws, including its assault weapons ban and restrictions on large-capacity magazines.
• Educating the public on gun violence prevention through the Office of Gun Violence Prevention, including through the first-ever data report issued by the office to provide a robust review of gun violence data in California and throughout the U.S. and to help guide policy and strategy discussions related to reducing gun violence.
• Advocating for gun laws including by sponsoring Assembly Bill 1594 to increase accountability for the firearm industry, working to strengthen federal laws to protect the public from ghost guns, and successfully defending California’s laws to prevent gun violence.
• Seizing guns from prohibited persons in the Armed and Prohibited Persons System, and through multiagency sweeps in the Bay Area and Los Angeles County, conducting operations targeting individuals attempting to illegally purchase guns, and collaborating with local law enforcement partners.
• Ending the sale of illegal firearms through litigation against ghost gun retailers, and by putting a stop to the sale of illegal assault weapons in Orange County 

Attorney General Bonta joins the attorneys general of Arizona, Colorado, Connecticut, Dealaware, Hawaii, Illinois, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersy, New York, North Carolina, Oregon, Pennsylvania, Rhode Island, Vermont, Washington, and the District of Columbia.

A copy of the brief can be found here.

OAKLAND — California Attorney General Rob Bonta, as part of a coalition of 22 attorneys general, filed a brief today in the United States Supreme Court in support of the Bureau of Alcohol, Tobacco, Firearms, and Explosives’ (ATF) federal regulation that bans bump-stock devices and classifies them as prohibited machine guns under the National Firearms Act. In the case of Garland v. Cargill, the district court and the U.S. Court of Appeals for the Fifth Circuit panel agreed with ATF that a federal statute prohibiting machine-guns fairly encompasses bump stocks, but the en banc court reversed. The Supreme Court granted certiorari on November 3.

“It is very clear that bump stocks  readily convert semiautomatic firearms into machine guns, making them illegal under federal law,” said Attorney General Bonta. “The federal government has long regulated automatic weapons and federal laws that apply on a nationwide basis serve as an important complement to State firearms laws that protect our residents and communities from gun violence. The bump stock regulation fits squarely within the text of the federal law banning machine guns, and a centuries-long effort to keep automatic weapons off the streets and out of California.”

In 2017, a gunman opened fire at a music festival in Las Vegas using semi-automatic rifles equipped with bump-stock devices, killing 60 people and wounding 500 more. In the wake of the shooting, ATF issued its final rule concluding that bump stocks qualify as machine guns under a federal statute that prohibits machine guns. Bump stocks are an accessory that can be added to a semiautomatic long gun and enable users to mimic automatic fire by pulling their trigger finger just once to maintain a stream of gunfire. 

Machine guns became commercially available to civilians in the 1920s and their ability to rapidly fire multiple rounds with a single trigger pull provoked regulatory scrutiny. States and the federal government promptly responded by restricting machine guns. In the 1980s, Congress responded decisively, passing legislation to make clear that any device designed to simulate fully automatic fire is a machine gun that is prohibited under federal law.

The brief argues that the ban of bump stocks is consistent with the text of the federal statute prohibiting machine guns, as well as a long history of federal and state laws restricting machine guns. The brief argues that the federal regulation banning bump stocks vindicates the purposes of federal firearms law by complementing state efforts to regulate dangerous weapons, by supporting the states that have already banned them, and by filling in the gaps of state-by-state regulations.

Attorney General Bonta stands with partners throughout the state and nationally to continue tackling the issue of gun violence strategically and aggressively by:

• Defending California’s commonsense gun laws, including its assault weapons ban and restrictions on large-capacity magazines.
• Educating the public on gun violence prevention through the Office of Gun Violence Prevention, including through the first-ever data report issued by the office to provide a robust review of gun violence data in California and throughout the U.S. and to help guide policy and strategy discussions related to reducing gun violence.
• Advocating for gun laws including by sponsoring Assembly Bill 1594 to increase accountability for the firearm industry, working to strengthen federal laws to protect the public from ghost guns, and successfully defending California’s laws to prevent gun violence.
• Seizing guns from prohibited persons in the Armed and Prohibited Persons System, and through multiagency sweeps in the Bay Area and Los Angeles County, conducting operations targeting individuals attempting to illegally purchase guns, and collaborating with local law enforcement partners.
• Ending the sale of illegal firearms through litigation against ghost gun retailers, and by putting a stop to the sale of illegal assault weapons in Orange County.
• Upholding commonsense age restrictions on firearms both in California and nationally. 

Attorney General Bonta joins the attorneys general of Arizona, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New Mexico, New York, North Carolina, Oregon, Pennsylvania, Rhode Island, Vermont, Washington and the District of Columbia in filing the brief.

A copy of the brief can be found here.

OAKLAND — California Attorney General Rob Bonta, as part of a coalition of 19 attorneys general, filed a brief in support of a Colorado law setting 21 as the minimum age to purchase any kind of firearm. The case, Rocky Mountain Gun Owners v. Polis, is currently pending in the U.S. Court of Appeals for the Tenth Circuit. The coalition’s brief argues that a lower court erred its decision to temporarily halt enforcement of the law while the litigation challenging the constitutionality of the law proceeds. States across the nation protect their citizens through the application of similar age-based restrictions on the possession, purchase, sale, transfer, or use of firearms because such laws have proven to promote public safety and curb gun violence within their borders.

“States must have the ability to protect their citizens and communities from gun violence,” said Attorney General Bonta. “The district court's decision to preliminarily enjoin Colorado's law is inconsistent with our nation's historical tradition, as well as longstanding state and federal laws imposing age-based restrictions on the possession, purchase, sale, transfer, and use of firearms. We stand with Colorado and other states in their efforts to end gun violence through commonsense laws that improve public safety."

In the brief, the states assert that Colorado’s law is constitutional under the Second Amendment, as it is consistent with states’ authority and a historical tradition of federal and state regulations promoting gun safety and protecting communities from gun violence. The coalition argues that the district court’s decision preliminarily enjoining Colorado’s law misreads the U.S. Supreme Court’s decision in New York State Rifle & Pistol Association, Inc. v. Bruen, which preserves states’ authority to regulate firearms through laws that are “consistent with the Second Amendment’s text and historical understanding.”

Attorney General Bonta urges the Tenth Circuit Court of Appeals to overturn the district court decision because:

• The Second Amendment allows states to enact varied measures to promote gun safety and protect against gun violence consistent with historical tradition, and states have long exercised this power by enacting laws to promote safety, prevent crime, and minimize gun violence within their borders.
• Colorado’s age-based restrictions are consistent with measures taken by other states and fall comfortably within states’ authority to regulate firearms. Numerous States and the District of Columbia impose age-based restrictions regarding the use, purchase, transfer, or possession of firearms. Courts have previously upheld these restrictions relying on the historical record as is now required by Bruen.

 Attorney General Bonta stands with partners throughout the state to continue tackling the issue of gun violence strategically and aggressively by:

• Defending California’s commonsense gun laws, including its assault weapons ban and restrictions on large-capacity magazines.
• Educating the public on gun violence prevention through the Office of Gun Violence Prevention, including through the first-ever data report issued by the office to provide a robust review of gun violence data in California and throughout the U.S. and to help guide policy and strategy discussions related to reducing gun violence.
• Advocating for gun laws including by sponsoring Assembly Bill 1594 to increase accountability for the firearm industry, working to strengthen federal laws to protect the public from ghost guns, and successfully defending California’s laws to prevent gun violence.
• Seizing guns from prohibited persons in the Armed and Prohibited Persons System, and through multiagency sweeps in the Bay Area and Los Angeles County, conducting operations targeting individuals attempting to illegally purchase guns, and collaborating with local law enforcement partners.
• Ending the sale of illegal firearms through litigation against ghost gun retailers, and by putting a stop to the sale of illegal assault weapons in Orange County 

Attorney General Bonta joins the attorneys general of Illinois, Arizona, Connecticut, Delaware, Hawaii, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New York, Oregon, Pennsylvania, Rhode Island, Vermont, Washington, and the District of Columbia in filing the brief.

A copy of the brief can be found here. 

SACRAMENTO — California Attorney General Rob Bonta issued the following statement after Senate Bill 2, authored by Senator Anthony Portantino and co-sponsored by Attorney General Bonta and Governor Newsom, was passed by the Assembly and Senate and sent to Governor Newsom for signature:

“Addressing gun violence is critical to protecting public safety,” said Attorney General Rob Bonta. “Thoughts and prayers in response to gun violence will never be enough: We need courageous action by our leaders — here in California and beyond. I sponsored Senate Bill 2 to provide stronger protections for our communities, and am grateful for the leadership demonstrated by our legislature in moving this bill forward. Senate Bill 2 will strengthen our concealed carry permit laws to help ensure that dangerous individuals may not carry guns in public — especially in sensitive places where our children gather — and prevent the horrific tragedies that we have seen far too often. I thank Senator Portantino and our state leaders for getting this bill on the Governor’s desk, and for our joint efforts to enact commonsense constitutional laws that protect Californians.”

SACRAMENTO – California Attorney General Rob Bonta today announced that his office is co-sponsoring Senate Bill 365 (SB 365), legislation by Senator Scott Wiener aimed at leveling the legal playing field with respect to forced arbitration. SB 365 seeks to put an end to a legal loophole in forced arbitration cases where corporations are able to automatically delay court proceedings during the pendency of an appeal on a failed motion to compel arbitration, directly hampering access to justice for workers and consumers. SB 365 has been referred to the Senate Judiciary Committee, and will be heard this afternoon.  

"Big businesses shouldn't be allowed to use their legal weight to sweep worker and consumer concerns under the rug," said Attorney General Rob Bonta. "Whether it's because of a defective product or failure to pay adequate wages, SB 365 will help protect timely access to justice. I'm proud to stand with Senator Wiener as a co-sponsor of SB 365. Together, we're fighting back against corporate abuse and in support of everyday Californians."

“I’m honored and grateful to have Attorney General Bonta’s support in our effort to rein in corporate abuse of forced arbitration clauses,” said Senator Scott Wiener. “Corporations should not be able to use their immense resources to bully workers and consumers into unfavorable settlements. SB 365 is a commonsense reform that will allow workers and consumers to keep disputes with corporations from being put on ice.” 

“We are proud to stand with Attorney General Rob Bonta in strong support of SB 365 to put workers and consumers back on track towards justice when their rights have been violated,” said Greg Rizio, President, Consumer Attorneys of California. “Current law in California favors big corporate defendants by allowing these corporations to knowingly file frivolous appeals in order to delay court proceedings for years. SB 365 would allow those cases to move forward, protecting meaningful access to justice for countless Californians.”

“We look forward to joining efforts with Attorney General Rob Bonta on this critical measure that will stop corporations from filing meritless appeals only to delay and obstruct workers’ access to justice,” said Mariko Yoshihara, Policy Director for the California Employment Lawyers Association. “When a court finds an arbitration contract to be unlawful, a worker should be able to proceed with their claim and not have to wait years for the employer’s frivolous appeal to first be decided.”

Under current California law, corporations are able to abuse arbitration provisions to delay court actions by workers and consumers for years through the appeals process. When a court denies a defendant’s petition to compel a case to private arbitration, current law allows corporations in many cases to halt proceedings by filing an appeal that can take months or years to be heard. Meanwhile, workers and consumers are forced to wait as the harms they face go unaddressed.

These delays can directly undermine civil cases brought against a corporation as key witnesses may lose important documents, forget the facts of a case, or move away. In contrast, corporations have the time and resources to wait out lengthy appeals processes, while workers and consumers typically do not, and may choose to settle rather than delay resolution while the years long appeals process plays out. These years long appeals can happen even in extreme cases where the arbitration clauses are clearly unenforceable.

SB 365 would prevent injustice by ensuring that cases can proceed while an appeal is heard. The bill establishes that an appeal of a court’s decision denying a corporation’s motion to compel arbitration will not automatically stay the consumer's or worker’s court proceedings in the trial court while the appeal is pending. More than half of America’s workforce has been bound by forced arbitration clauses as a condition of employment, and such clauses are a common feature of consumer agreements as well. 

SB 365 is also sponsored by the California Employment Lawyers Association (CELA) and Consumer Attorneys of California (CAOC). 

AB 1366 would establish restitution fund to make victims of consumer fraud whole, even if the business that defrauded them goes bankrupt or is insolvent  

SAN DIEGO — California Attorney General Rob Bonta, and Assemblymember Brian Maienschein (D-San Diego), today announced new legislation, Assembly Bill 1366 (AB 1366) to protect victims of predatory businesses found to have violated California consumer protection laws. While current state law allows victims to be eligible for restitution after a judgment has been reached, in many cases of successful prosecutions by the Attorney General, these businesses collapse or become insolvent, leaving no resources to compensate victims for their losses. The legislation, authored by Assemblymember Maienschein and sponsored by Attorney General Bonta, would establish a new Victims of Consumer Fraud Restitution Fund in the state Treasury that would be funded by the penalties paid by businesses that violate the law, and would be used to help make victims whole.

“True justice is not served when victims are left behind,” said Attorney General Rob Bonta. “While our office continues to hold predatory businesses accountable for misconduct, the success feels hollow when we know that the consumers who were defrauded cannot be made whole because the business has no money left to compensate its victims for their losses. This legislation would create a mechanism to help compensate victims in such situations. I urge our legislature to join the states that have already implemented this simple and commonsense protection for victims.”

“When a predatory business takes advantage of a consumer, it’s only right that the proceeds gained from illegal conduct should go towards compensating victims rather than remaining in the bank accounts of bad actors,” said Assemblymember Brian Maienschein. “AB 1366 will ensure that victims can and will receive restitutions for the wrongdoings they endure by crooked businesses on the brink of collapse."

“The Victims of Consumer Fraud Restitution Fund legislation will be an effective, commonsense addition to California‘s consumer protection toolkit," said Professor Christopher L. Peterson, John J. Flynn Endowed Professor of Law, University of Utah. "AB 1366 is an example of strong leadership in the fight to put consumers first and to stop scammers and predatory companies from profiting through deceit."

Under AB 1366, the restitution would be funded from the ill-gotten gains of businesses that violate California’s consumer protection laws, rather than through taxes or fees charged to law-abiding businesses. Specifically, AB 1366 would allow the Attorney General to seek the remedy of disgorgement in actions brought under the Unfair Competition Law and False Advertising Law. Disgorgement would require companies that have violated the law to give up the profits that they made through their illegal conduct. These funds would be held in the new Restitution Fund as a future source of funding to help provide restitution to victims who cannot otherwise be made whole by the defendant who defrauded them. 

Attorney General Bonta cites a number of instances where the California Department of Justice successfully obtained judgments against a company where victims were unable to obtain restitution due to insolvency or collapse of the company after prosecution:

• In November 2022, Attorney General Bonta obtained a $20 million judgment against Paul Blanco’s Good Car Company. Ultimately, Paul Blanco became insolvent, went out of business and left its victims with little to no compensation.
• In March 2016, the California Department of Justice obtained a $1.1 billion judgment against Corinthian Colleges, Inc., a predatory chain of for-profit schools. That judgment ordered Corinthian to pay $820 million in restitution to tens of thousands of defrauded students in California, which went unpaid by the company following Corinthian’s bankruptcy filing and liquidation.
• In September 2016, the California Department of Justice secured a multistate judgment against USA Discounters, which had defrauded and illegally discriminated against servicemembers at stores outside military bases across the country. While the Attorney General’s Office secured $7 million in debt relief for more than 4,000 California victims through the bankruptcy, the company — which had closed and liquidated in bankruptcy — had insufficient assets left to make all of its victims whole.  

While California has strong consumer protection laws, other states have stepped ahead in providing this safeguard for consumers. For example, attorneys general in some other states — including New York and Arizona — can obtain disgorgement under their consumer protection laws, but this is not the case under California law. Additionally, the federal government has established the Civil Penalty Fund, allowing the Consumer Financial Protection Bureau to compensate victims who haven’t received full compensation for their harm through redress paid by the defendant.

“Fighting to even the scales for California consumers” 

SACRAMENTO — California Attorney General Rob Bonta and Governor Gavin Newsom today announced the signing of legislation to increase accountability and transparency in the gas industry. Today, surrounded by legislators and community leaders in the rotunda of the California State Capitol, Governor Gavin Newsom signed legislation cosponsored by Attorney General Bonta and authored by Senator Nancy Skinner to implement the strongest state-level oversight and accountability measures on Big Oil in the nation  bringing transparency to California’s oil and gas industry, shining new light on the corporations that have for decades operated in the shadows while ripping families off and raking in record profits.

“Record high retail gas prices — and record-breaking profits for Big Oil — hurt those who can least afford it most of all,” said Attorney General Rob Bonta. “For too long, Californians have been left in the dark when it comes to the practices of the gas industry. And while oil companies have been lining their pockets, many Californians are struggling to make ends meet. I proudly stand with the Governor as he signs into law our cosponsored bill to bring accountability and transparency to the gas industry. Together, we are fighting to even the scales for California consumers and take this burden off their shoulders.” 

Authored by Senator Nancy Skinner (D-Berkeley), co-sponsored by Attorney General Bonta and Governor Newsom and approved by a supermajority in both the Senate and Assembly, SBx1-2 creates a dedicated, day-in and day-out, independent watchdog to root out price gouging by oil companies and authorizes the California Energy Commission (CEC) to create a penalty to hold the industry accountable. The law will go into effect on June 26, the 91st day after the end of the special session. 

Learn more about the new law here. 

WHY TRANSPARENCY MEASURES MATTER: When the law’s new transparency and oversight requirements go into effect at the end of June, the state will begin receiving more information than ever before, including last year when it appeared that oil producers suppressed supply to drive up prices and rake in record profits. Industry knows that the new independent watchdog division will be closely monitoring them and will refer any violation of law — including industry misconduct or market manipulation — to the Attorney General’s Office for prosecution. 

SB 2 protects public safety with uniform and effective licensing procedure throughout California

SACRAMENTO — California Attorney General Rob Bonta today, with Governor Newsom, Senator Anthony Portantino, and other legislative leaders, introduced legislation, Senate Bill 2 (SB 2), to strengthen California's existing concealed carry weapon (CCW) laws in a manner consistent with the U.S. Supreme Court decision in New York Rifle and Pistol Association v. Bruen. The legislation — authored by Senator Portantino and sponsored by Attorney General Bonta and Governor Newsom — would further protect the public safety of Californians by specifying who may obtain a CCW license, limiting the possession of firearms in certain sensitive locations, and advancing safety through stronger training requirements on the safe handling and storage of firearms. Gun violence remains a growing threat to public safety throughout the nation. On average, there are over 120 gun deaths each day and nearly 45,000 each year in the United States. In 2020, firearms were the leading cause of death for children nationwide. 

“The mass shooting incidents we have seen over recent weeks bring to light the need for stronger protections for our communities,” said Attorney General Rob Bonta. “The fact is, individuals who are not law-abiding, responsible citizens simply shouldn’t possess firearms — and they especially shouldn’t be allowed to carry a concealed weapon in public. When a gun is placed in the wrong hands, it is deadly. The Second Amendment is not a regulatory straitjacket — we must protect our communities. The time for thoughts and prayers has long passed: we need brave and immediate action by our leaders — here in California and beyond. We owe our community stronger protections. I urge our state leaders to quickly adopt SB 2. We can’t afford to wait even one minute more.”

“Only in America do we see the kind of carnage and chaos of gun violence that destroys our communities and our sense of safety and belonging,” said Governor Gavin Newsom. “America is number 1 in gun ownership and we far surpass every developed nation on Earth in gun deaths – it’s not complicated. In California, we’ve passed common sense gun safety laws and they work: we have a 37% lower gun death rate than the national average. We’re doubling down on gun safety and strengthening our public carry law to protect it from radical Republican attacks.”

“In the wake of the recent tragedies in Monterey Park and Half Moon Bay and the continued threat of mass shootings, it’s critical that California leads on the issue of gun safety and reform,” said Senator Anthony Portantino. “I am proud to be working with Governor Newsom, Attorney General Bonta, and activists on SB 2 to strengthen our existing concealed carry laws and ensure every Californian is safe from gun violence. We must be diligent in addressing the gun violence epidemic in our country and concealed carry laws are a key component of this.”

“The Supreme Court’s reckless Bruen decision opened up the floodgates for more guns in more places — but with this bill California once again renews its commitment to being a national leader in the fight against gun violence,” said Shannon Watts, California resident and founder of Moms Demand Action, part of Everytown’s grassroots network. “While the gun industry celebrated the ruling that put their profits over our safety, our grassroots army is proud to stand with our Gun Sense Champions in California to pass this critical bill and make our communities safer.” 

“Following the Supreme Court’s egregious decision in the Bruen case, it is vital that the Golden State take meaningful action to protect all Californians from the threat of gun violence,” said Brady President Kris Brown. “SB 2 would do just this by updating and improving the state's already strong concealed carry license system, and ensure that loaded and concealed weapons are not allowed in certain sensitive places. With SB 2, leaders in California are continuing their leadership in prioritizing the public health and safety of all its citizens. Brady applauds Senator Portantino for introducing this important bill, and thanks Governor Newsom and Attorney General Bonta for their continued leadership on this issue, and urges the California legislature to pass it without delay.”

“In the face of tragedy, California’s leaders act. They’ve led the nation on gun safety reform and made California a much safer state than most. But today, grieving communities know all too well how much more work there is to do,” said Ari Freilich, State Policy Director for Giffords. “California achieved an all-time record low gun fatality rate in 2019. But like the rest of the country, we have faced record spikes in gun sales and violence since the start of the pandemic and a flood of new weapons in public spaces as a result of the U.S. Supreme Court's dangerous Second Amendment ruling last year. Passing SB 2 will strengthen communities’ ability to respond to these threats by requiring stronger vetting and safety training to carry weapons in public and by designating vital community spaces like parks and playgrounds as off-limits to weapons throughout the state. We thank leaders like Governor Newsom, Attorney General Bonta, and Senator Portantino for their work and commitment to make all Californians safer and freer from violence.”

In 2020, more Americans died by gun death than any other year on record. Although the United States is an outlier when compared to gun violence in other wealthy nations, states with strong gun violence protections in place see fewer gun-related deaths. Already in 2023, the United States has seen 43 mass shootings, including six tragedies over the past two weeks in California in Goshen, Monterey Park, Half Moon Bay, Oakland, San Diego, and Beverly Crest — dozens of lives lost, and still more seriously injured. Despite having one of the lowest rates of gun-related deaths in the nation, California is not immune to this uniquely American problem, and has a strong interest in maintaining laws that protect the safety of its citizens. 

Research shows that strong licensing laws are effective. States that have weakened permitting laws have experienced an up to 15% increase in violent crime rates a decade after implementation. According to the Centers for Disease Control and Prevention, in 2020, California’s gun death rate was the 44th lowest in the nation, with 8.5 gun deaths per 100,000 people. California’s gun death rate for children is also lower than other states, and is 58% lower than the national average. California’s overall gun death rate is lower than that of every state that does not require permits to carry guns in public, including Mississippi with 28.6 deaths per 100,000 people; 25.9 in Wyoming; 28.6 in Mississippi; 23.9 in Missouri; 23.6 in Alabama; 23.5 in Arkansas; 21.3 in Tennessee; 20.9 in Montana; 20.7 in Oklahoma; 20.1 in Kentucky; 18.1 in West Virginia; 17.6 in Idaho; 14.2 in Texas; 13.6 in Utah; 11.6 in Vermont; 11.2 in Iowa; 10.4 in Maine; and 8.9 in New Hampshire. 

While the United States Supreme Court has concluded that the Second Amendment to the United States Constitution imposes some restrictions on states’ ability to regulate firearms, it has also recognized that the Second Amendment allows states to adopt a variety of gun regulations. For example, the Supreme Court has repeatedly recognized that states may restrict the carrying of firearms in “sensitive places” and that states may prohibit individuals who are not law-abiding, responsible citizens from carrying firearms in public. SB 2 builds on those principles and improves California’s existing CCW license law by:

• Enhancing the existing comprehensive licensing regime that helps ensure those permitted to carry firearms in public are responsible and law-abiding individuals who do not pose a danger to themselves or others;
• Protecting children and young adults from gun violence by setting a minimum age requirement of 21 years of age to obtain a CCW license;
• Advancing safety through stronger training requirements about the proper handling, loading, unloading, and storage of firearms; and
• Safeguarding the public by identifying certain sensitive public places where guns may not be carried.

The legislation may be found here. 

SACRAMENTO - Attorney General Kamala D. Harris today released a statement on the California State Legislature’s unanimous passage of Assembly Bill 2524, the OpenJustice Data Act of 2016. Assembly Bill 2524, introduced by Attorney General Harris and Assemblymember Jacqui Irwin (D-Thousand Oaks), will convert Crime in California and other annual reports published by the California Department of Justice into digital data sets which will be published on the Attorney General’s OpenJustice Web portal.

“Data and technology have the power to dramatically increase transparency and accountability in our criminal justice system,” said Attorney General Harris. “I applaud the California Legislature’s passage of this legislation, which will bring criminal justice data reporting into the 21st Century. I thank Assemblymember Irwin for standing with me to support the adoption of technology by law enforcement.” 

The OpenJustice Data Act builds on Attorney General Harris’s historic open data initiative, OpenJustice, to improve accountability and transparency in California’s criminal justice system.

The reports published in the OpenJustice Web portal will enhance transparency and accountability by highlighting statistical summaries including numbers of arrests, complaints against peace officers, hate crime offenses, and law enforcement officers killed or assaulted.  The OpenJustice Web portal will transform the way this information is presented to the public with interactive, accessible visualization tools, while making raw data available for public interest researchers. 

"Right now we are sitting on mountains of valuable criminal justice data that local law enforcement work hard to provide in the public interest.  We need to make sure that this information is available to the public and that we are using it effectively.  AB 2524 is a common-sense measure that will help bring California into the 21st century,” said Assemblymember Irwin.

Attorney General Harris first launched the OpenJustice initiative in 2015 as a mechanism for improving community trust in law enforcement, enhancing government accountability, and informing public policy. 

Earlier this year, the Attorney General announced the release of OpenJustice 1.1, which enriched the Web portal’s initial data sets with city, county, and state level context including population and demographic information, unemployment rates, poverty rates, and educational attainment levels.  In addition to providing greater transparency, this information enables policymakers to craft informed, data-driven public policy.

Attorney General Harris has announced that the Department of Justice will augment the OpenJustice Web portal with new criminal justice datasets created through recent legislation, including reports on racial and identity profiling (AB 953, Weber) and officer and civilian-involved uses of force (AB 71, Rodriguez). 

Attorney General Harris has also taken several steps to strengthen the trust between law enforcement and California communities.  She directed a 90-day Review of her Division of Law Enforcement’s policies on use of force and implicit bias, convened the state’s law enforcement leaders to share best practices through her 21st Century Policing Working Group, created the first POST-certified course on Procedural Justice and Implicit Bias in the U.S., and developed a pilot for body-worn cameras for DOJ Special Agents.

SACRAMENTO – Attorney General Kamala D. Harris today issued a reminder to healthcare professionals about the upcoming deadline to register for the Controlled Substance Utilization Review and Evaluation System (CURES) database.  All health practitioners licensed to prescribe or dispense scheduled medications are required by law to sign up for CURES by July 1, 2016.

In 2013, Attorney General Harris sponsored Senate Bill 809, authored by then-State Senator Mark DeSaulnier (D- Concord), which created and permanently funded a new state-of-the-art prescription drug database referred to as “CURES 2.0.”  The legislation – supported by a broad coalition of health, safety, and consumer advocates – included a requirement that all healthcare practitioners authorized to prescribe or dispense controlled substances must apply for CURES access by January 1, 2016.  This deadline was subsequently extended to July 1, 2016.

“CURES 2.0 is not only a state-of-the-art, innovative, and secure database to improve healthcare providers’ ability to combat prescription drug abuse, it’s also a model for the nation on how to address this epidemic,” said Attorney General Harris.  “California will continue to lead the country in the adoption of technology to help curb prescription drug abuse and the diversion of controlled substances statewide.”  

The fully upgraded CURES 2.0 database was launched in January 2016 through a joint partnership between the California Departments of Justice and Consumer Affairs.  CURES enables healthcare providers to review their patients’ medication histories before prescribing new controlled substances.  In addition to providing users with faster and more reliable access to patient activity reports, the upgraded 2.0 system features cutting-edge analytics for flagging at-risk patients, allowing medical professionals to prescribe wisely and helping to prevent abuse or diversion of controlled medications such as opioids.

In December 2015, Attorney General Harris also announced a new streamlined registration process beginning in January 2016, which allows healthcare professionals to apply for CURES access and verify their credentials entirely online using secure web browsers.  Prior to the launch, Attorney General Harris sent a letter to members of the medical community urging them to only use secure software to access confidential and sensitive patient information.

To sign up for CURES, new applicants should visit oag.ca.gov/cures and click the link to register.  New registrants will need their license type and number to register.  Previously registered users of the CURES 1.0 system are not required to re-register. 

A registration “tips and tricks” document in multiple languages is attached to the online version of this release at www.oag.ca.gov/news.  In addition, the state’s 2016-17 budget included new funding for user-end outreach and support positions within the California Department of Justice to help CURES applicants and users navigate the system.