BILL ANALYSIS
AB 2948
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Date of Hearing: April 15, 2008
ASSEMBLY COMMITTEE ON BUSINESS AND PROFESSIONS
Mike Eng, Chair
AB 2948 (Leno) - As Introduced: February 22, 2008
SUMMARY : Prohibits firearms or ammunition sales on the state
property known as the "Cow Palace". Specifically, this bill :
1)Prohibits any officer, employee, operator, or any lessee in
District 1-A to contract for, authorize, or allow, the sale of
any firearm or ammunition on the property or in the buildings
that comprise the Cow Palace property in San Mateo County and
the City and County of San Francisco or any successor or
additional property owned, leased, or otherwise occupied or
operated by the district.
2)Defines a "firearm" as the following:
a) Any device, designed to be used as a weapon, from which
is expelled through a barrel, a projectile by the force of
any explosion or other form of combustion.
b) The term "firearm" includes the frame or receiver of the
weapon.
c) A "firearm" also shall include any rocket, rocket
propelled projectile launcher, or similar device containing
any explosive or incendiary material whether or not the
device is designed for emergency or distress signaling
purposes.
3)Defines "ammunition" as including assembled ammunition for use
in a firearm and components of ammunition including smokeless
and black powder, and any projectile capable of being fired
from a firearm with deadly consequence.
EXISTING LAW :
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1)Defines "State-designated fairs" as specified fairs that may
receive financial support or are otherwise governed pursuant
to specified sections of law. The district agricultural
associations and their locations are as follows: ". . . (2)
District 1-A, held in the City of San Francisco".
2)Provides that an association, with the approval of both the
Department of Food and Agriculture and the Department of
General Services, may engage in a variety of specified
commercial activities, including lease, let, or grant licenses
for the use of its real estate or personal property, or any
portion of that property, to any person or public body for
whatever purpose may be approved by the board.
3)Punishes any person who brings or possesses within any state
or local public building or at any meeting required to be open
to the public, a firearm, is guilty of a public offense
punishable by imprisonment in a county jail for not more than
one year, or in the state prison. The aforementioned shall not
apply to a person who, for the purpose of sale or trade,
brings any weapon that may otherwise be lawfully transferred,
into a gun show conducted pursuant to existing law.
4)Requires the sale, loan or transfer of a firearm in
California, including private party transactions, and
including transactions at gun shows, must be conducted through
a state-licensed firearms dealer or through a local sheriff's
department in counties of less than 200,000 in population. A
10-day waiting period, background check, and Handgun Safety
Certificate for handgun transfers are required prior to
delivery of the firearm. Firearms dealers are allowed to
conduct business only in their licensed premises, sell their
gun inventory at gun shows or events, or process private sales
or transfers of any firearms at gun shows or events. Handgun
purchases are limited to no more than one per 30-day period.
Transferees must be California residents, no person under age
21 may buy a handgun, and no person under 18 years of age may
buy a rifle or shotgun.
5)Provides for a number of specified requirements on gun show
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operators, attendees at gun shows, and the Department of
Justice (DOJ).
FISCAL EFFECT : Unknown
COMMENTS :
Double-referral . This bill comes to this committee as a
double-referral from the Assembly Public Safety Committee, where
that committee reviewed legal issues related to the sale of guns
as commercial free speech under the first amendment, and the
impairment of contracts. The policy within this committee's
jurisdiction relates to whether it is appropriate to prohibit
gun sales on state property.
Author's Statement . According to the author, "The communities
surrounding the Cow Palace have been plagued by violence for
years. Since 2005 these communities have accounted for almost
50% of the homicides and more than 30% of the guns seized in the
City and County of San Francisco. This history of violence has
caused community leaders and elected officials alike to call for
a ban on gun shows in their neighborhoods.
"Unfortunately, because the Cow Palace is owned and operated by
the State of California, the communities of San Francisco and
San Mateo cannot take the necessary steps to protect their
neighborhoods. AB 2948 would remedy this inequity."
Background . According the information provided by the author,
"San Mateo County has passed an ordinance prohibiting the
possession of firearms or ammunition on county property. The
effect of this ordinance has been to ban the gun shows
previously hosted at the county fairgrounds. Similar ordinances
in Alameda, Marin and Los Angeles Counties have effectively
banned gun shows on county-owned facilities in those counties,
and the California Supreme Court has upheld the Alameda and Los
Angeles County ordinances.
"Despite these favorable rulings , a loophole remains which
allows promoters to host gun shows in communities which have
repeatedly and overwhelmingly voiced opposition to their
presence by holding the events on state property.
"The Cow Palace, which is owned and managed by the California
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Department of Agriculture's Division of Fairs and Expositions,
is an example of this loophole. Located in both the City and
County of San Francisco and Daly City in the County of San Mateo
the Cow Palace is directly across from the Sunnydale public
housing project and near the communities of Visitacion Valley,
Bayview-Hunters Point and the Mission District, which have been
plagued by violence for years.
"The threat posed by gun shows has led to both the City and
County of San Francisco and the Board of Supervisors of San
Mateo County unanimously adopting resolutions asking the
Legislature to ban gun shows at the Cow Palace. Unfortunately,
the desire to prevent gun shows from occurring in their
community has been ignored by the operators of the Cow Palace.
"AB 2948 responds to the desire of the communities surrounding
the Cow Palace, is responsive to the unanimous request of the
regions' local elected officials, and is necessary as a result
of the state ownership of the Cow Palace."
Current Cow Palace Usage . According to a San Francisco
Chronicle article, "The Cow Palace was opened in 1941 and is an
agency of the California Food and Agricultural Department's
Division of Fairs and Expositions. Originally built to serve as
a livestock pavilion, it now holds 100 events annually,
including four to six gun shows as well as more innocuous
activities including rodeos, dog shows, circuses and Disney on
Ice.
"San Francisco . . . adopted legislation banning gun shows on
city and county property. Other counties, including Alameda,
Marin and Los Angeles, have passed similar bans. But because
the Cow Palace sits on state-owned land between San Francisco
and San Mateo County, local governing bodies don't have
authority over its gun shows." [Knight, SF Mayor, Police Chief
Call for Gun-Show Ban at Cow Palace, San Francisco Chronicle
(Aug. 10, 2007) p. B-1).]
Existing Regulations of Gun Shows . Existing law requires that
firearms transactions must take place through a licensed
firearms dealer and involves a background check, a 10-day
waiting period before delivery of the firearm to the transferee,
and a Handgun Safety Certificate possessed by the transferee if
the firearm is a handgun.
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In addition, AB 295 (Corbett) Chapter 247, Statutes of 1999,
amended the law pertaining to gun shows and added the Gun Show
Enforcement and Security Act of 2000 which includes a number of
requirements for producers that promote gun shows. To obtain a
certificate of eligibility from the DOJ, a promoter must certify
that he or she is familiar with existing law regarding gun
shows; obtain at least $1 million of liability insurance;
provide an annual list of gun shows the applicant plans to
promote; pay an annual fee of $85; make available to local law
enforcement a complete list of all entities that have rented any
space at the show; submit not later than 15 days before the
start of the show an event and security plan; submit a list to
DOJ of prospective vendors and designated firearms transfer
agents who are licensed dealers; provide photo identification of
each vendor and vendor's employee; prepare an annual event and
security plan; and require all firearms carried onto the
premises of a show to be checked, cleared of ammunition, secured
in a way that they cannot be operated, and have an
identification tag or sticker attached.
AB 295 also provided for a number of penalties for a gun show
producer's willful failure to comply with the specified
requirements.
Potential Conflict between State Laws . As stated, the City and
County of San Francisco and the Board of Supervisors of San
Mateo County have unanimously passed resolutions asking the
Legislature to ban gun shows at the Cow Palace. In addition,
the author notes that San Mateo County had previously passed an
ordinance prohibiting the possession of firearms or ammunition
on County property.
At present, the Penal Code Section 171b specifically permits
possession of a firearm in a state building for the purpose of
sale or trade in a gun show. If enacted, this bill creates a
conflict with current state law.
Support . The San Francisco District Attorney Kamala Harris
writes, "The Cow Palace is located directly across the street
from the San Francisco neighborhoods that have the highest
concentration of illegal guns, gun violence and homicide in the
City. While some vendors at Cow Palace are surely law-abiding,
others are not. There is a long history if illegal gun sales in
the parking lot and side streets surrounding the Cow Palace
during the gun shows.
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"The City and County of San Francisco and the Board of
Supervisors of San Mateo County have unanimously passed
resolutions asking the Legislature to ban gun shows at the Cow
Palace. Our communities cannot continue to bear the human and
fiscal costs of gun violence."
The Legal Community Against Violence, writes, "This bill is
common-sense legislation to address the serious, well-documented
problem of illegal gun sales at gun shows in this country. In
January 1999, the Bureau of Alcohol, Tobacco and Firearms (ATF)
published the results of a comprehensive five-year study of gun
shows. That study, entitled 'Gun Shows: Brady Checks and Crime
Gun Traces,' concluded that gun shows provide a forum for
illegal firearm sales and gun trafficking nationwide. In June
of 2000, ATF published a study of gun trafficking entitled,
'Following the Gun: Enforcing Federal Laws Against Firearm
Traffickers.' That study analyzed 1,530 trafficking
investigations during the period July 1996 through December
1998, and concluded that gun shows were a 'major trafficking
channel,' associated with approximately 26,000 illegally
diverted firearms.
"Although California has closed the federal 'gun show loophole'
(and requires background checks on all prospective firearm
purchasers), no federal or state law enforcement agency is
specifically charged with ensuring the legality of gun show
activities in this state. As a result, gun shows remain a
source of illegal gun sales. This fact was illustrated by an
undercover sting operation conducted in April/May 1999 by the
California Department of Justice at a gun show at the Los
Angeles County Fairgrounds in Pomona. During that operation,
agents were able to buy numerous illegal weapons and
accessories, including assault weapons, a rocket launcher with
projectile and several machine gun conversion kits. The
firearms were immediately delivered to the agents in violation
of state laws requiring background checks and a 10-day waiting
period.
"In light of the growing evidence of illegal activities
associated with gun shows, several local governments in
California have adopted ordinances to regulate gun shows that
are held on their property. Los Angeles County, for example,
adopted an ordinance prohibiting the sale of firearms and
ammunition on county-owned property. Other counties, including
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Alameda County and Marin County, have adopted ordinances
prohibiting the possession of firearms and ammunition on
county-owned property.
"AB 2948 would prohibit the sale of firearms and ammunition at
the Cow Palace, a facility that is owned by the state and, thus,
cannot be regulated at the local level."
Opposition . The National Shooting Sports Foundation, Inc.
writes, "When a person buys a firearm at a California gun show,
the transaction is the same as if it was purchased at a licensed
firearms dealer's regular place of business. All gun show
firearms sales, by existing state law, must be conducted at the
show through a fully licensed firearms dealer who is present at
the show and provides such service. The dealer takes the
firearm being transferred into his or her possession, will store
the firearm at the dealer's regular place of business during the
mandatory 10-day waiting period. During this time, the DOJ will
conduct the required criminal and mental history background
check to determine if the transferee is lawfully prohibited from
possessing a firearm. If the transferee is prohibited, the DOJ
will conduct a background check on the transferor, if the
transaction is a private-party sale, to determine if the dealer
can return the firearm to him or her. If not, the dealer will
then turn the firearm over to local law enforcement for
disposition.
"In addition to the above, state law mandates numerous security
and accountability standards for both the gun show operator and
the facility where the show is held. Close cooperation with
local law enforcement is required in order to assure a safe,
secure and lawful event. Both local law enforcement and the DOJ
often have personnel in plain clothes in attendance to monitor
for compliance with the law. Additionally, uniformed officers
are often on hand to provide a visual presence. Gun show
operators reimburse local law enforcement for costs associated
with the event. The gun show laws can be found in Penal Code
sections 12071, 12071.1 and 12071.4. They are very thorough and
effective.
"In addition, a federally licensed firearms retailer selling a
firearm to a non-licensee (customer) at a gun show is required
by federal law to handle the transaction exactly the same ay as
if the transaction was taking place in their store. The
customer must complete the required federal paper work and state
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paper work and undergo the background check described above.
Federal firearms dealers are also required by federal law to
comply with all state laws, including those described above.
"Gun shows at the Cow Palace are conducted lawfully in
compliance with state statutes, and in cooperation with local
law enforcement. No valid purpose would be served by
prohibiting gun shows at the Cow Palace. In fact, the shows
serve a useful purpose for law enforcement as they assure that
the private-party sales conducted there are in full compliance
with the law, thus reducing the potential for illegal sales on
the street or elsewhere."
Related Legislation. SB 1527 (Yee) would sell the Cow Palace
for fair market value to the Daly City Redevelopment Agency or
to the City of Daly City. SB 1527 will be heard by the Senate
Agriculture Committee on April 15, 2008.
Prior Legislation . SB 1733 (Speier), of the 2003-04 Legislative
Session, is duplicative of this bill. SB 1733 failed passage on
the floor of the State Assembly.
REGISTERED SUPPORT / OPPOSITION :
Support
District Attorney for the City and County of San Francisco,
Kamala D. Harris (sponsor)
California Chapters of the Brady Campaign to Prevent Gun
Violence
Coalition Against Gun Violence, a Santa Barbara County Coalition
Legal Community Against Violence
Opposition
California Association of Firearm Retailers
California Houndsmen for Conservation
California Rifle and Pistol Association, Inc.
California Sportsman's Lobby, Inc.
Crossroads of the West Gun Shows
Gun Owners of California
National Rifle Association of America
National Shooting Sports Foundation, Inc.
Outdoor Sportsman's Coalition of California
Safari Club International Foundation
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Numerous individuals
Analysis Prepared by : Josefina Ramirez / B. & P. / (916)
319-3301