California background check law
California background check law
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A joint study conducted by researchers at the Johns Hopkins Bloomberg School of Public Health and the University of California at Davis Violence Prevention Research Program found that California’s much-touted mandated background checks had no impact on gun deaths, and researchers are puzzled as to why. California Gun Laws Are a Failure. In 1991, California simultaneously imposed comprehensive background checks for firearm sales and prohibited gun sales (and gun possession) to people convicted of misdemeanor violent crimes. The legislation mandated that all gun sales, including private transactions, would have to go through a California-licensed Federal Firearms License (FFL) dealer. Shotguns and rifles, like handguns, became subject to a 15-day waiting period to make certain all gun purchasers had undergone a thorough background check.
The employer defended the case, arguing that the background check was covered by the Consumer Credit Reporting Agencies Act (CCRAA) and the notice provisions complied with that California law. The court rejected this argument, concluding that “if an employer seeks a consumer’s credit records exclusively, then the employer need only comply with CCRAA. An employer seeking other information that is obtained by any means must comply with ICRAA. In the event that any other information revealed in an ICRAA background check contains a subject’s credit information and the two statutes thus overlap, a regulated party is expected to know and follow the requirements of both statutes, even if that requires greater formality in obtaining a consumer’s credit records.”
Hiring managers must be cognizant of local and state statutes to ensure compliance with ban-the-box legislation. In Chicago, employers are required to comply with Illinois law as well as a city ban-the-box ordinance. As of January 2015, it became unlawful in Illinois for public and private organizations with 15 or more employees to ask about a candidate's criminal history prior to an individual evaluation of that person's qualifications. The state law places no limitations on the criminal information that may be considered, or how the data is used in making a hiring decision. Nor does the law require employers to notify applicants of the reason they were turned down for the job.
In a move designed to jumpstart the national gun control movement, anti-gun groups and elected officials in California are pushing several tough new measures, including one that require would a background check to purchase ammunition, a law that would be the first of its kind nationally. The proposal, unveiled last week by California Lieutenant Governor Gavin Newsom, will be presented directly to the state's voters in a 2016 ballot initiative. "We hope others will follow our lead," said Robyn Thomas, the president of the Law Center to Prevent Gun Violence in San Francisco, an advocacy group that helped craft the proposal. "California is a leader on gun laws — what we do here often finds its way to other states."
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