CA background check law

CA background check law

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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.

It was the most expansive state gun control legislation in America, affecting an estimated one million gun buyers in the first year alone. Though costly and cumbersome, politicians and law enforcement agreed the law was worth it.

https://www.intellectualtakeout.org/article/californias-background-check-law-had-no-impact-gun-deaths-johns-hopkins-study-finds

Earlier this month, the California Supreme Court provided direction to employers that conduct background checks. In Connor v. First Student, Inc. the court held that the employer violated the Investigative Consumer Reporting Agencies Act (ICRAA) by failing to provide the specific notice required by the statute, as well as failing to obtain written authorization for the background check. This case illustrates that employers must be diligent in compliance and cannot necessarily delegate responsibility to a background check vendor.

https://www.calhospital.org/cha-news-article/california-supreme-court-reconciles-state-background-check-notice-laws

Eileen Connor worked as a school bus driver for Laidlaw Education Services, a company that was later acquired by First Student. First Student retained a consumer reporting agency to conduct background checks on its employees. The background reports elicited information about the employees, including their criminal records, sex offender registry status, address history, driving records and employment history. Connor asserts in this class action lawsuit that First Student violated the California Investigative Consumer Reporting Agencies Act (“ICRAA”)

https://www.natlawreview.com/article/september-2018-california-employment-law-notes

The issue of background checks for Uber and Lyft drivers remains controversial, with a proposed state law that would tighten requirements as well as a taxi lawsuit against Uber claiming false advertising, largely based on its driving screening. AB24, sponsored by Assemblyman Adrin Nazarian, D-Los Angeles, would compel ride-hailing companies like Lyft, Uber and Sidecar to obtain fingerprint background checks similar to those used for taxi, limo and bus drivers. It also would require the companies to institute random drug and alcohol testing of drivers, and to receive immediate notifications from the Department of Motor Vehicles when drivers are arrested or convicted for driving under the influence, reckless driving or other serious violations.

https://www.sfgate.com/business/article/Proposed-California-law-would-tighten-Uber-6143708.php

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