BILL ANALYSIS ------------------------------------------------------------ |SENATE RULES COMMITTEE | SB 950| |Office of Senate Floor Analyses | | |1020 N Street, Suite 524 | | |(916) 445-6614 Fax: (916) | | |327-4478 | | ------------------------------------------------------------ UNFINISHED BUSINESS Bill No: SB 950 Author: Brulte (R), et al Amended: 9/10/01 Vote: 21 SENATE PUBLIC SAFETY COMMITTEE : 5-0, 4/24/01 AYES: McPherson, Margett, Polanco, Sher, Vasconcellos SENATE APPROPRIATIONS COMMITTEE : 10-0, 6/7/01 AYES: Alpert, Battin, Bowen, Johannessen, Johnson, Karnette, McPherson, Murray, Perata, Speier SENATE FLOOR : 39-0, 6/7/01 AYES: Ackerman, Alarcon, Alpert, Battin, Bowen, Brulte, Burton, Chesbro, Dunn, Escutia, Figueroa, Haynes, Johannessen, Johnson, Karnette, Knight, Kuehl, Machado, Margett, McClintock, McPherson, Monteith, Morrow, Murray, O'Connell, Oller, Ortiz, Peace, Perata, Polanco, Poochigian, Romero, Scott, Sher, Soto, Speier, Torlakson, Vasconcellos, Vincent ASSEMBLY FLOOR : 75-0, 9/12/01 - See last page for vote SUBJECT : Firearms data base: cross referencing SOURCE : Attorney General DIGEST : This bill establishes, on or about July 1, 2002, the Prohibited Armed Persons File to assist law enforcement agencies and investigate persons who are legally prohibited from owning or possessing a firearm who CONTINUED SB 950 Page 2 may have been involved in the sale or transfer of a firearm. Assembly Amendments 1.Add chaptering amendments to avoid chaptering out SB 52 (Scott), AB 35 (Shelley), AB 22 (Lowenthal), SB 9 (Soto), and SB 294 (Scott). 2.Provide that the Armed Prohibited Persons Act goes into effect on July 1, 2003. 3.Condition implementation of the Armed Prohibited Person's File upon an appropriation in the 2002-03 Budget Act to the State Department of Justice for this purpose. 4.Mandate that the State Department of Justice prepare a report and make statutory recommendations to the Legislature on or before June 1, 2003. 5.Correct an incorrect cross-reference as to prohibitions on firearms possession. 6.Provide a procedure for the return of seized firearms where existing procedures are not applicable. 7.Add Senator Peace as a co-author. ANALYSIS : Existing law establishes various automated information systems in regard to the transfer and possession of firearms, and persons who are prohibited from owning or possessing firearms. This bill, contingent upon an appropriation in the 2001-02 Budget Act to the State Department of Justice for this purpose, establishes the Prohibited Armed Persons File, a data base that cross-references information for persons relative to the purchase and possession of firearms on or after January 1, 191, and information indicating those persons who have subsequently been prohibited from owning or possessing firearms, as specified. This bill requires the State Department of Justice (DOJ) to determine if any person listed in the "Automated Criminal SB 950 Page 3 History System" as prohibited from owning a firearm is also listed in the "Automated Firearms Systems" indicating possession or ownership of a firearm on or after January 1, 1991. This bill provides that, where DOJ enters the name of a person prohibited from owning a firearm into any automated information system, the "department shall determine if the subject has an entry in the Automated Firearms System indicating ownership or possession of a firearm on or after January 1, 1991, or an assault weapon registration." This bill provides that, where DOJ finds that a person in a prohibited class has been involved in the transfer of a firearm or the registration of an assault weapon, DOJ shall enter the following information about the person in the Prohibited Armed Persons File: 1.Name, date of birth, physical description, other necessary identifying information. 2.Basis of any firearm restriction. 3.Description of any firearms owned by the person. According to DOJ, SB 950 will work as follows: 1.After the entry into the Automated Criminal History System of a disposition for an offense which makes a person prohibited to possess a firearm, the DOJ will check this information against the Automated Firearms System (indicates possession on or after 1/1/91). 2.If there is a "hit," then the name, birthday, physical description and any other necessary information about that person will be entered into the Prohibited Armed Persons File. 3.This file is then supplied to law enforcement agencies. Existing law requires the court, at the time judgment is imposed, to provide to the defendant, on a form supplied by the State Department of Justice, a notice regarding that firearm prohibition. The bill also requires firearms SB 950 Page 4 dealers to provide the notice under specified circumstances. This bill declares findings by the Legislature relative to a procedure for disposal of firearms by persons who have become ineligible to possess firearms. The bill also directs the Attorney General to report to the Legislature, no later than June 1, 2002, recommendations for that procedure, including: 1.Recommending a clear and succinct general procedure on how persons who legally acquire firearms and who subsequently fall within a class of persons who are prohibited from possessing firearms shall dispose of the firearm and thereby avoid criminal liability for possession or disposing of the firearm. 2.Recommending specific changes in language and references to code sections, and conforming changes to code sections, in state firearms statutes that are needed to establish recommended procedures. This bill is double-jointed with SB 9 (Soto), SB 294 (Scott), AB 22 (Lowenthal), AB 35 (Shelley), and SB 52 (Scott). FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes Local: No Fiscal Impact (in thousands) Major Provisions 2001-02 2002-03 2003-04 Fund DOJ Data processing $2,403* $1,858 $ 371 General Firearms Div. --- $2,100 $4,300 General SUPPORT : (Verified 6/5/01) (Unable to reverify at time of writing) Attorney General (source) SB 950 Page 5 California District Attorneys Association National Rifle Association Hand Gun Center, Inc. California Sportsman's Lobby California State Sheriffs' Association Peace Officers Research Association of California ARGUMENTS IN SUPPORT : The Attorney General is sponsoring the bill in the wake of the mass slaying in February 2000 at Navistar's International Truck and Engine Plant in Melrose Place, Illinois. In that case, the murderer was a twice-convicted felon who had previously, before his convictions, purchased firearms. Thus, even though he was prohibited and in possession of firearms, there was no way for law enforcement to find out and he was left to commit murder. This bill will provide a way for law enforcement to find out which proven felons are still possessing weapons. The bill was brought to the A.G. at the urging of law enforcement agencies in the state and it will provide them with a tool that will disarm these proven law-breakers before they can break the law again. If the state is going to find that some people are too dangerous to possess a gun, then we should make it as easy as possible for law enforcement to ensure that these laws are enforced. ASSEMBLY FLOOR : AYES: Aanestad, Alquist, Aroner, Ashburn, Bates, Bogh, Briggs, Calderon, Bill Campbell, John Campbell, Canciamilla, Cardenas, Cardoza, Chan, Chavez, Chu, Cogdill, Cohn, Corbett, Correa, Cox, Daucher, Diaz, Dickerson, Dutra, Firebaugh, Florez, Frommer, Goldberg, Harman, Havice, Horton, Jackson, Keeley, Kehoe, Kelley, Koretz, Leach, Leonard, Leslie, Liu, Longville, Lowenthal, Maddox, Maldonado, Matthews, Migden, Mountjoy, Nakano, Nation, Negrete McLeod, Oropeza, Robert Pacheco, Rod Pacheco, Pavley, Reyes, Richman, Runner, Salinas, Shelley, Simitian, Steinberg, Strickland, Strom-Martin, Thomson, Vargas, Washington, Wayne, Wesson, Wiggins, Wright, Wyland, Wyman, Zettel, Hertzberg SB 950 Page 6 RJG:cm 9/26/01 Senate Floor Analyses SUPPORT/OPPOSITION: SEE ABOVE **** END ****