BILL ANALYSIS Ó AB 500 Page 1 CONCURRENCE IN SENATE AMENDMENTS AB 500 (Ammiano) As Amended September 3, 2013 Majority vote ----------------------------------------------------------------- |ASSEMBLY: |47-28|(May 29, 2013) |SENATE: |24-14|(September 9, | | | | | | |2013) | ----------------------------------------------------------------- Original Committee Reference: PUB. S. SUMMARY : Imposes safe storage requirements when prohibited persons reside in a household with violations a misdemeanor; allows the Department of Justice (DOJ) to delay release of firearms when background checks are not completed; and requires the DOJ to be notified that firearms are in fact delivered after the transferee takes possession of a gun. The Senate amendments double joint this bill with AB 539 (Pan), SB 53 (De León), and SB 299 (DeSaulnier) of this legislative session. EXISTING LAW : 1)Provides that the sale, loan or transfer of firearms in almost all cases must be processed by, or through, a state-licensed dealer or a local law enforcement agency with appropriate transfer forms being used, as specified. In those cases where dealer or law enforcement processing is not required, as of today a handgun change of title report must still be sent to DOJ and will require that as to all firearms as of January 1, 2014. 2)Provides on or after January 1, 1998, that persons establishing residency within California who bring with them and store firearms within California after that date to report the same to DOJ. This reporting requirement will apply to all firearms as of January 1, 2014. 3)Allows persons who are not subject to reporting to report the acquisition, ownership, or disposal of firearms to DOJ. 4)Provides since 1967, both federal law and California Law bar California residents who do not have federal firearms licenses AB 500 Page 2 from physically bringing the firearms into the state and instead require in effect that persons who acquire firearms outside of California as California residents to have the transaction processed through a California state licensed dealer. 5)Provides since 1968, federal law generally requires - save as to licensed collectors of curio and relics, to receive possession of firearms at their licensed premises within this state. In October of 1996, the federal government enacted a law which allowed the actual delivery of curio and relic firearms to a federal firearms licensee outside the state where his or her licensed premises are located. 6)Requires since January 1, 1998, federally licensed collectors who acquire and take possession of curios and relics outside this state to within five days of the gun coming into the state to register the same with DOJ. 7) Requires that firearms information submitted to DOJ as to handguns in terms of who owns what handgun must be maintained within a centralized registry. These reporting requirements will apply to all firearms as of January 1, 2014. 8)Requires the DOJ, upon submission of firearm purchaser information, to examine its records to determine if the purchaser is prohibited from possessing, receiving, owning, or purchasing a firearm. Existing law prohibits the delivery of a firearm within 10 days of the application to purchase, or, after notice by the department, within 10 days of the submission to the department of any corrections to the application to purchase, or within 10 days of the submission to the department of a specified fee. 9)Requires if a dealer cannot legally deliver a firearm, existing law requires the dealer to return the firearm to the transferor, seller, or person loaning the firearm. 10)Requires that in connection with any private party sale, loan or transfer of a firearm, a licensed dealer must provide the DOJ with specified personal information about the seller and purchaser as well as the name and address of the dealer. This personal information of buyer and seller required to be provided includes the name; address; phone number; date of birth; place of birth; occupation; eye color; hair color; AB 500 Page 3 height; weight; race; sex; citizenship status; and a driver's license number, California identification card number or military identification number. A copy of the Dealers Record of Sale (DROS), containing the buyer and seller's personal information, must be provided to the buyer or seller upon request. AS PASSED BY THE ASSEMBLY , this bill: 1)Required that DOJ shall delay the transfer and immediately notify the dealer of that fact if specified records indicate that the purchaser has been placed in a mental health facility as specified, or arrested or charged with an offense that would prohibit them from possessing a firearm. a) Specifies that the dealer shall provide the purchasers with information about how to contact the department regarding the delay. b) States that DOJ shall notify the purchaser by mail regarding the delay and explain the process by mail regarding the delay and explain the process by which the purchaser may obtain a copy of the criminal or mental health record the department has on file for the purchaser, and permits them to correct any inaccuracies or incompleteness. c) Provides that if DOJ determines the final disposition of the arrest or criminal charge, or the outcome of the mental health treatment, is after the waiting period, but within 30 days of the dealer's original submission of the purchaser's information, the DOJ shall do the following: i) If the purchaser is not a specified prohibited person, the DOJ shall immediately notify the dealer of that fact and the dealer may deliver the firearm to the purchaser upon the dealer's recording on the register of record of electronic transfer the date that firearm is delivered. ii) If the purchaser is a specified prohibited person, the DOJ shall immediately notify the dealer and the chief of police department, or local sheriff in the local jurisdiction in which the sale was made. AB 500 Page 4 2)Specified that if there is a delay of more than 30 days after the dealer's original submission of the purchaser information, the DOJ shall complete another background check, at no cost to the applicant. 3)Mandated, commencing January 1, 2015, that dealers notify DOJ that persons in applications to purchase actually took possession of their firearms. 4)Prohibited a person who is residing with someone who is prohibited by state or federal law from possessing a firearm from keeping a firearm at that residence unless the firearm is either kept within a locked container, locked gun safe, locked trunk, locked with a locking device, disabled by a firearm safety device, or carried on the person. The bill would make a violation of this provision a misdemeanor. FISCAL EFFECT : According to the Senate Appropriations Committee: 1)Non-reimbursable local enforcement costs offset to a degree by fine revenue to the extent persons are charged and convicted of misdemeanor violations of the provisions of this bill. 2)Minor ongoing administrative costs of $11,000 (Special Fund*) per year to the DOJ to mail delay notifications to purchasers. 3)Reduced likelihood of litigation to DOJ due to the inability to complete the background checks under the existing timelines prescribed by law. 4)Potential ongoing minor court-related costs (General Fund**) for new misdemeanor filings. 5)While the impact of this bill independently on local jails is likely to be minor, the cumulative effect of new misdemeanors could create General Fund cost pressure on capital outlay, staffing, programming, the courts, and other resources in the context of criminal justice realignment. *Dealers' Record of Sale (DROS) **Trial Court Trust Fund COMMENTS : According to the author, "This bill is intended to keep guns out of the hands of people who should not have them, AB 500 Page 5 including people prohibited by law from having a firearm and people who do not pass background checks. California maintains some of the strictest gun control laws in the nation, and this bill makes common-sense changes to better enforce existing gun laws." Please see the policy committee analysis for a full discussion of this bill. Analysis Prepared by : Gabriel Caswell / PUB. S. / (916) 319-3744 FN: 0002393