BILL ANALYSIS Ó ------------------------------------------------------------ |SENATE RULES COMMITTEE | AB 809| |Office of Senate Floor Analyses | | |1020 N Street, Suite 524 | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ------------------------------------------------------------ THIRD READING Bill No: AB 809 Author: Feuer (D) Amended: 8/30/11 in Senate Vote: 21 SENATE PUBLIC SAFETY COMMITTEE : 5-1, 6/21/11 AYES: Hancock, Calderon, Liu, Price, Steinberg NOES: Anderson NO VOTE RECORDED: Harman SENATE APPROPRIATIONS COMMITTEE : 6-3, 8/25/11 AYES: Kehoe, Alquist, Lieu, Pavley, Price, Steinberg NOES: Walters, Emmerson, Runner ASSEMBLY FLOOR : 47-29, 6/2/11 - See last page for vote SUBJECT : Firearms SOURCE : California Chapters of the Brady Campaign to Prevent Gun Violence Legal Community Against Gun Violence DIGEST : This bill, commencing January 1, 2014, (1) conforms requirements for reporting and record retention involving the transfer of long guns with those of handguns; (2) repeals the prohibition on peace officers, Department of Justice employees, and the Attorney General from retaining or compiling records of long gun transfers; (3) expands the requirement for a personal handgun importer to CONTINUED AB 809 Page 2 report certain information relative to bringing a handgun into the state, as specified; (4) expands the reporting requirements to apply to the importation of long guns; and (5) expands requirements for firearms dealers to keep a register or record of information pertaining to firearms transactions to include information pertaining to transactions involving all guns. ANALYSIS : Existing law requires all sales, loans, and transfers of firearms to be processed through or by a state-licensed firearms dealer or a local law enforcement agency. (Penal Code Section 27545 .) Existing law provides that there is a 10-day waiting period when purchasing a firearm through a firearms dealer. During which time, a background check is conducted and, if the firearm is a handgun, a handgun safety certificate is required prior to delivery of the firearm. (Penal Code Sections 26815, 26840(b) and 27540.) Existing law requires a person bringing a handgun into California or a handgun acquired outside of California who did not receive the gun from a California licensed gun dealer, to register the gun with the Department of Justice (DOJ) by mailing a form. (Penal Code Section 27560.) Existing law requires California residents who are federally licensed curio and relic firearms collectors who lawfully acquire a curio or relic handgun outside this state to report the acquisition of that firearm to the DOJ. (Penal Code Section 27565.) Existing law provides that handguns are centrally registered with DOJ as part of this process. A violation of these provisions is an alternate felony/misdemeanor punishable, by up to one year in the county jail or by imprisonment in the state prison for 16 months, two or three years. (Penal Code Section 27590.) Existing law permits DOJ to require firearms dealers to charge firearms purchasers specified fees for a number of specified costs. (Penal Code Section 28225(a)(c).) Existing law provides that handguns are centrally CONTINUED AB 809 Page 3 registered at time of transfer, importation or sale. (Penal Code Section 11106.) Existing law requires DOJ to compile the Prohibited Armed Persons File to identify via registration records those persons who are the registered owner of a firearm and subsequently become ineligible to possess firearms and creates a mechanism to disarm these persons. (Penal Code Sections 30000 - 30010.) Existing law requires each sheriff or police chief executive to submit descriptions of serialized property, or non-serialized property that has been uniquely inscribed, which has been reported stolen, lost, found, recovered or under observation, directly into the appropriate DOJ automated property system for firearms, stolen bicycles, stolen vehicles, or other property, as the case may be. (Penal Code Section 11108(a).) Existing law states information about a lost or stolen firearm entered into the automated system for firearms shall remain in the system until the reported firearm has been found, recovered, is no longer under observation, or the record is determined to have been entered in error. (Penal Code Section 11108(b).) Existing law provides that in addition to the requirements of existing law that apply to a local law enforcement agency's duty to report to DOJ the recovery of a firearm, a police or sheriff's department shall, and any other law enforcement agency or agent may, report to the department in a manner determined by the Attorney General (AG) in consultation with the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) all available information necessary to identify and trace the history of all recovered firearms that are illegally possessed, have been used in a crime, or are suspected of having been used in a crime. (Penal Code Section 11108.3(a).) Existing law states when the DOJ receives information from a local law enforcement agency pursuant to existing law, it shall promptly forward this information to the National Tracing Center of the federal Bureau of Alcohol, Tobacco, Firearms and Explosives to the extent practicable. (Penal CONTINUED AB 809 Page 4 Code Section 11108.3(b).) Existing law states that in order to assist in the investigation of crime, the prosecution of civil actions by city attorneys as specified, the arrest and prosecution of criminals, and the recovery of lost, stolen, or found property, the AG shall keep and properly file a complete record of all copies of fingerprints, copies of licenses to carry firearms, information reported to DOJ pursuant to Penal Code Section 12053, dealers' records of sales of firearms, specified reports, specified forms, and reports of stolen, lost, found, pledged, or pawned property in any city or county of California, and shall, upon proper application therefore, furnish this information to the officers as specified. (Penal Code Section 11106(a).) Existing law states that except as provided, the AG shall not retain or compile any information from specified reports for firearms that are not handguns, or from dealers' records of sales for firearms that are not handguns. All copies of the forms submitted, or any information received in electronic form, for firearms that are not handguns, or of the dealers' records of sales for firearms that are not handguns shall be destroyed within five days of the clearance by the AG unless the purchaser or transferor is ineligible to take possession of the firearm. All copies of the reports filed, or any information received in electronic form for firearms that are not handguns shall be destroyed within five days of the receipt by the AG, unless retention is necessary for use in a criminal prosecution. (Penal Code Section 11106(b)(1).) Existing law provides that a peace officer, the AG, a DOJ employee designated by the AG, or any authorized local law enforcement employee shall not retain or compile any information from a firearms transaction record for firearms that are not handguns unless retention or compilation is necessary for use in a criminal prosecution or in a proceeding to revoke a license issued. (Penal Code Section 11106(b)(2).) A violation of this subdivision is a misdemeanor. (Penal Code Section 11106(b)(3).) Existing law states that notwithstanding Penal Code Section CONTINUED AB 809 Page 5 11106, the DOJ may retain personal information about an applicant in connection with a claim for a firearm that is not a handgun to allow for law enforcement confirmation of compliance with this section. The information retained may include personal identifying information regarding the individual applying for the clearance, but may not include information that identifies any particular firearm that is not a handgun. (Penal Code Section 33890.) This bill conforms reporting and record retention provisions in order that transfers and information reporting and retention requirements for handguns and firearms other than handguns are the same. This bill deletes the prohibition on peace officers, DOJ employees, and the AG from retaining or compiling certain information relating to transactions regarding firearms that are not handguns, as specified. A violation of these provisions under current law is a misdemeanor. The deletion of this misdemeanor prohibition takes effect on January 1, 2014. This bill expands the requirement for a personal handgun importer to report certain information relative to bringing a handgun into the state, as specified. A violation of these provisions is a misdemeanor. On January 1, 2014, "personal handgun importer" shall be redefined as a "personal firearm importer," as defined, and expands the reporting requirements to apply to the importation of firearms that are not handguns. This bill expands a provision under existing law wherein DOJ requires firearms dealers to keep a register or record of electronic or telephonic transfers of information pertaining to firearms transactions, as specified. Existing law exempts from these requirements certain transactions involving firearms that are not handguns. This bill would require that, effective January 1, 2014, the register include information pertaining to transactions involving all guns. This bill makes conforming changes to the code to reference "firearms" in lieu of "handguns." CONTINUED AB 809 Page 6 FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes Local: Yes According to the Senate Appropriations Committee: Fiscal Impact (in thousands) Major Provisions 2011-12 2012-13 2013-14 Fund CFIS, DROS, CHRISOne-time costs of $510 in development Special* enhancements and software costs Additional DROS Significant workload; fully funded by fees Special* transactions Expanded misdemeanors Unknown; non-reimbursable local law Local enforcement and incarceration costs offset to a degree by fine revenue Increased confiscation ofUnknown; potential state incarceration General firearms costs as well as potentially significant future cost savings in avoided prosecution *Dealer Record of Sale (DROS) Special Account SUPPORT : (Verified 8/30/11) CA Chapters of the Brady Campaign to Prevent Gun Violence (co-source) Legal Community Against Gun Violence (co-source) AltaMed Health Services California Chapters of the Brady Campaign to Prevent Gun Violence California Partnership to End Domestic Violence Central California Brady Campaign Chapter Chief Adolfo Gonzales, National City CONTINUED AB 809 Page 7 Chief Anthony W. Batts, City of Oakland Chief Blair Ulring, City of Stockton Chief Bradley Ramos, City of Indio Chief Cam Sanchez, City of Santa Barbara Chief Charlie Beck, City of Los Angeles Chief Christopher W. Boyd, City of Citrus Heights Chief Craig Steckler, City of Fremont Chief Dan Bellini, City of Woodland Chief Dan Drummond, City of West Sacramento Chief David Bejarano, City of Chula Vista Chief Gary Peterson, City of Martinez Chief Hugo Rodriguez, City of Brawley Chief Jeffrey C. Kirkpatrick, City of Seal Beach Chief Jeri Williams, City of Oxnard Chief Jerry Dyer, City of Fresno Chief Jim McGinley, City of El Centro Chief Joel H. Bryden, City of Walnut Creek Chief Joseph M. Kreins, City of Novato Chief Ken Cooney, City of Ventura Chief Ken James, City of Emeryville Chief Kevin Vogel, City of Santa Cruz Chief Kim J. Raney, City of Covina Chief Landy Black, City of Davis Chief Matthew C. Odetto, City of San Rafael Chief Michael Maloney, City of Chico Chief Michael Meehan, City of Berkeley Chief Paul Cooper, City of Claremont Chief Paul Walters, City of Santa Ana Chief Peter Dunbar, City of Pleasant Hill Chief Rick Braziel, City of Sacramento Chief Ron Ace, City of Hayward Chief Sylvia M. Moir, City of El Cerrito Chief Vicki L. H. Myers, City of Seaside Chief Walter Tibbet. City of Fairfield City of Los Angeles Coalition Against Gun Violence, Santa Barbara County Coalition Contra Costa County Brady Campaign Chapter Fellowship of Reconciliation, Task Force on Latin America Friends Committee on Legislation of California Lancaster Brady Campaign Chapter Legal Community Against Violence Long Beach Brady Campaign Chapter Los Angeles Brady Campaign Chapter CONTINUED AB 809 Page 8 Mayor Antonio R. Villaraigosa, City of Los Angeles Mt. Diablo Peace & Justice Center Napa County Brady Campaign Chapter Nevada County Brady Campaign Chapter Oakland/Alameda County Brady Campaign Chapter Orange County Brady Campaign Chapter Sacramento Valley Brady Campaign Chapter San Diego County Brady Campaign Chapter San Fernando Valley Brady Campaign Chapter San Francisco Brady Campaign Chapter Santa Clara & San Mateo Counties Brady Campaign Chapter Sheriff Lee Baca, Los Angeles County Sonoma County Brady Campaign St. Mark Presbyterian Church Ventura County Brady Campaign Chapter Violence Prevention Coalition of Greater Los Angeles Violence Prevention Coalition of Orange County Women Against Gun Violence Youth Alive! OPPOSITION : (Verified 8/30/11) California Outdoor Heritage Alliance California Sportsman's Lobby, Inc. California Association of Firearm Dealers Crossroads of the West National Rifle Association of America National Shooting Sports Foundation, Inc. Outdoor Sportsmen's Coalition of California Responsible Citizens of California Safari Club International Sheriff Stanley Smith, Riverside County Sheriff Tom Bosenko, Shasta County ARGUMENTS IN SUPPORT : The Sheriff of Los Angeles states, "Under current law, only handgun purchase and transfer records are retained by the Department of Justice (DOJ) and entered into the Automated Firearms System (AFS). Handgun records are an important tool for law enforcement to trace crime guns, identify and disarm hundreds of convicted felons, and return stolen handguns to the rightful owners. "Assembly Bill 809 would close the loophole in state law by removing existing exceptions that require the destruction CONTINUED AB 809 Page 9 of long gun sales and transfer records and require all firearms, including long guns, are input into AFS. Data from the California Department of Justice shows that more than half the guns recovered from armed and prohibited persons are long guns. "This bill would also increase the safety of law enforcement by providing better information regarding the guns we may face. An officer responding to a call or serving a domestic violence warrant could access the AFS database and be forewarned of the likelihood of encountering both handguns and long guns. Many long guns put officers at greater risk because of their firepower and their ability to shoot through protective vests. Moreover, even a poorly aimed shotgun could greatly injure a law enforcement officer or anyone else." ARGUMENTS IN OPPOSITION : The National Rifle Association states, "Firearms owners know that criminals will never register their illegally possessed guns and, in fact, the U.S. Supreme Court ruled in Haynes v. U.S. (309 U.S. 85 (1968)) that since felons are prohibited from owning firearms, compelling them to register them would violate their 5th Amendment rights against self-incrimination. Gun owners know further that the registration and licensing of America's 60-65 million gun owners and their estimated 230 million firearms would require creation of a huge bureaucracy at tremendous taxpayer cost, without any tangible anti-crime benefit. Ý ] "Gun registration is, of course, hardly new, and neither are its widely recognized dangers. In 1975, U.S. Sen. James A. McClure (R-ID) said: "Gun registration is the first step toward ultimate and total confiscation, the first step in a complete destruction of a cornerstone of our Bill of Rights." When Sen. McClure sponsored the Firearms Owners' Protection Act (1986), he made sure that it included a prohibition against the federal government keeping a national registry of gun owners. Similar prohibitive language appears in the Brady Act and in annual appropriations bills. "Others recognize gun registration's inherent purpose. In 1975 testimony before the House Subcommittee on Crime, CONTINUED AB 809 Page 10 anti-gun advocate Charles Morgan, director of the Washington, D.C., office of the American Civil Liberties Union stated: "I have not one doubt, even if I am in agreement with the National Rifle Association, that that kind of record-keeping procedure is the first step to eventual confiscation under one administration or another." ASSEMBLY FLOOR : AYES: Alejo, Allen, Ammiano, Atkins, Beall, Block, Blumenfield, Bonilla, Bradford, Brownley, Buchanan, Butler, Charles Calderon, Campos, Carter, Cedillo, Davis, Dickinson, Eng, Feuer, Fong, Fuentes, Furutani, Galgiani, Gordon, Hayashi, Roger Hernández, Hill, Huffman, Lara, Bonnie Lowenthal, Ma, Mendoza, Mitchell, Monning, Pan, Perea, V. Manuel Pérez, Portantino, Skinner, Solorio, Swanson, Torres, Wieckowski, Williams, Yamada, John A. Pérez NOES: Achadjian, Bill Berryhill, Conway, Cook, Donnelly, Fletcher, Beth Gaines, Garrick, Gatto, Grove, Hagman, Halderman, Harkey, Huber, Jeffries, Jones, Knight, Logue, Mansoor, Miller, Morrell, Nestande, Nielsen, Norby, Olsen, Silva, Smyth, Valadao, Wagner NO VOTE RECORDED: Chesbro, Gorell, Hall, Hueso RJG:do 8/31/11 Senate Floor Analyses SUPPORT/OPPOSITION: SEE ABOVE **** END **** CONTINUED