Can the California Department of Justice force an applicant for a permit to purchase a firearm to provide proof that they have access to workers' compensation insurance?

California, United States of America


The following excerpt is from City of Riverside v. Superior Court of Riverside Cnty., E060319 (Cal. App. 2015):

Section 12021 or 12021.1 of [the Penal] [C]ode or Section 8100 or 8103 of the Welfare and Institutions Code. . . . If the department determines that the purchaser or transferee is a person described in [the cited statutes] it shall immediately notify the [gun] dealer of that fact." (Braman, at p. 350; Pen. Code, former 12076, subd. (c).) Held, this language was mandatory and could support tort recovery. (Braman, at pp. 352-354.) Arguably an even clearer case is Morris v. County of Marin (1977) 18 Cal.3d 901, 907 involving a statute that provided that local government entities " 'shall require' " an applicant for a building permit to provide proof of workers' compensation insurance; the court easily held that this created a mandatory duty running in favor of a worker injured on a project where the builder had not obtained coverage.

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