BILL ANALYSIS Ó SB 819 Page 1 SENATE THIRD READING SB 819 (Leno) As Amended April 14, 2011 Majority vote SENATE VOTE :22-16 PUBLIC SAFETY 5-2 APPROPRIATIONS 12-5 ----------------------------------------------------------------- |Ayes:|Ammiano, Cedillo, Hill, |Ayes:|Fuentes, Blumenfield, | | |Mitchell, Skinner | |Bradford, Charles | | | | |Calderon, Campos, Davis, | | | | |Gatto, Hall, Hill, Lara, | | | | |Mitchell, Solorio | | | | | | |-----+--------------------------+-----+--------------------------| |Nays:|Knight, Hagman |Nays:|Harkey, Donnelly, | | | | |Nielsen, Norby, Wagner | | | | | | ----------------------------------------------------------------- SUMMARY : Provides that the Department of Justice (DOJ) may use dealer record of sale (DROS) funds for costs associated with its firearms-related regulatory and enforcement activities regarding the possession, as well as the sale, purchase, loan, or transfer, of firearms, as specified. Specifically, this bill : 1)Authorizes the using the DOJ purchaser fee to fund the DOJ's firearms-related regulatory and enforcement activities related to the possession of firearms. 2)Makes the following findings and declarations: a) California is the first and only state in the nation to establish an automated system for tracking handgun and assault weapon owners who might fall into a prohibited status; b) DOJ is required to maintain an online database, which is currently known as the "Armed Prohibited Persons System" (APPS), which cross-references all handgun and assault weapon owners across the state against criminal history records to determine persons who have been, or will become, prohibited from possessing a firearm subsequent to the SB 819 Page 2 legal acquisition or registration of a firearm or assault weapon; c) The DOJ is further required to provide authorized law enforcement agencies with inquiry capabilities and investigative assistance to determine the prohibition status of a person of interest; d) Each day, the list of armed prohibited persons in California increases by about 15 to 20 people. There are currently more than 18,000 armed prohibited persons in California. Collectively, these individuals are believed to be in possession of over 34,000 handguns and 1,590 assault weapons. The illegal possession of these firearms presents a substantial danger to public safety; e) Neither the DOJ nor local law enforcement has sufficient resources to confiscate the enormous backlog of weapons, nor can they keep up with the daily influx of newly prohibited persons; f) A DROS fee is imposed upon every sale or transfer of a firearm by a dealer in California. Existing law authorizes the DOJ to utilize these funds for firearms-related regulatory and enforcement activities related to the sale, purchase, loan, or transfer of firearms pursuant to any provision listed in Penal Code Section 16580, but not expressly for the enforcement activities related to possession; and, g) Rather than placing an additional burden on the taxpayers of California to fund enhanced enforcement of the existing armed prohibited persons program, it is the intent of the Legislature in enacting this bill to allow the DOJ to utilize the DROS Account for the additional, limited purpose of funding enforcement of the APPS. EXISTING LAW : 1)States that it shall be unlawful for any person to sell or otherwise dispose of any firearm or ammunition to persons if that person is under indictment or has been convicted of specified crimes, is under a restraining order, has been committed to a mental institution, and other specified SB 819 Page 3 disqualifying factors. 2)Requires that persons who sell, lease, or transfer firearms be licensed by California. 3)Sets forth a series of requirements to be state licensed by DOJ, which provides that to be recognized as state licensed, a person must be on a centralized list of gun dealers and allows access to the centralized list by authorized persons for various reasons. FISCAL EFFECT : According to the Assembly Appropriations Committee, significant ongoing increase in the use of existing DROS fees, in the range of $1 million. This bill does not appropriate funds or raise a fee; this bill explicitly authorizes the use of DROS funding for an additional purpose. According to DOJ (the sponsor of this bill), upon passage of this bill, DOJ will pursue a Budget Change Proposal (BCP) for the 2012-13 budget bill to fund APPS efforts from the DROS fund. DOJ estimates that BCP will request about $1 million for special agents to assist other agents and local law enforcement in APPS sweeps. In addition, DOJ states it will seek one-time funds of about $500,000 for APPS DOJ task forces. Currently there is a DROS reserve of about $5.5 million. This assumes a one-time $11.5 million budget transfer to the General Fund. COMMENTS : According to the author, "SB 819 will amend the Penal Code to allow the DOJ to use existing Department resources to provide enhanced enforcement of the APPS which has identified over 36,000 handguns and assault weapons in the hands of more than 18,000 prohibited persons such as convicted felons and the mentally ill. "Recently, the New York Times reported on California's Armed Prohibited Persons File and the problems it seeks to address: "By law, Roy Perez should not have had a gun three years ago when he shot his mother 16 times in their home in Baldwin Park, Calif., killing her, and then went next door and killed a woman SB 819 Page 4 and her 4-year-old daughter. "Mr. Perez, who pleaded guilty to three counts of murder and was sentenced last year to life in prison, had a history of mental health issues. As a result, even though in 2004 he legally bought the 9-millimeter Glock 26 handgun he used, at the time of the shootings his name was in a statewide law enforcement database as someone whose gun should be taken away, according to the authorities. "The case highlights a serious vulnerability when it comes to keeping guns out of the hands of the mentally unstable and others, not just in California but across the country. "In the wake of the Tucson shootings, much attention has been paid to various categories of people who are legally barred from buying handguns - those who have been 'adjudicated as a mental defective,' have felony convictions, have committed domestic violence misdemeanors and so on. The focus has almost entirely been on gaps in the federal background check system that is supposed to deny guns to these prohibited buyers. "There is, however, another major blind spot in the system. "Tens of thousands of gun owners, like Mr. Perez, bought their weapons legally but under the law should no longer have them because of subsequent mental health or criminal issues. In Mr. Perez's case, he had been held involuntarily by the authorities several times for psychiatric evaluation, which in California bars a person from possessing a gun for five years. "Policing these prohibitions is difficult, however, in most states. The authorities usually have to stumble upon the weapon in, say, a traffic stop or some other encounter, and run the person's name through various record checks. "California is unique in the country, gun control advocates say, because of its computerized database, the APPS. It was created, in part, to enable law enforcement officials to handle the issue pre-emptively, actively identifying people who legally bought handguns, or registered assault weapons, but are now prohibited from having them. "The list had 18,374 names on it as of the beginning of this SB 819 Page 5 month - 15 to 20 are added a day - swamping law enforcement's ability to keep up. Some police departments admitted that they had not even tried. "SB 819 addresses the critical need to enforce existing firearm prohibition laws. Increased confiscation of unlawfully possessed firearms could result in the prevention of future crimes and potentially major future cost savings associated with avoided prosecution and incarceration. This bill is strongly supported local law as well organizations working to reduce firearms violence in our communities." Please see the policy committee analysis for a full discussion of this bill. Analysis Prepared by : Gabriel Caswell / PUB. S. / (916) 319-3744 FN: 0002208