BILL ANALYSIS SENATE COMMITTEE ON JUDICIARY A David Roberti, Chairman B 1993-94 Regular Session 3 4 9 AB 3499 (O'Connell) 9 As amended June 15, 1994 Hearing date: June 28, 1994 Penal Code SAH/jms INCREASED PENALTIES FOR UNLAWFUL POSSESSION OF HANDGUNS BY MINORS - COMMUNITY SERVICE/LOSS OF DRIVER'S LICENSE/PARENTING EDUCATION HISTORY Source: Author Prior Legislation: AB 482 - Chapter 23, Statutes of 1994 Support: Attorney General; California State PTA; California Organization of Police and Sheriffs; Chief of Police, County of Santa Barbara; District Attorney, County of Ventura; California Probation, Parole and Correctional Association; California Rifle and Pistol Association, Inc. Opposition: California Attorneys for Criminal Justice Assembly Floor vote: Ayes 62 - Noes 4 KEY ISSUES UNLAWFUL POSSESSION OF A HANDGUN OR LIVE AMMUNITION IS GENERALLY šPUNISHABLE AS A MISDEMEANOR. SUBSEQUENT VIOLATIONS, OR IN šSITUATIONS WHERE A PRIOR OFFENSE FOR SPECIFIED CRIMES EXIST, ARE šPUNISHABLE BY IMPRISONMENT IN A STATE PRISON OR IN A COUNTY JAIL šNOT EXCEEDING ONE YEAR. SHOULD A MINOR WHO UNLAWFULLY POSSESSES A HANDGUN OR LIVE šAMMUNITION SUFFER BOTH OF THE FOLLOWING ADDITIONAL PENALTIES: (1) PERFORMANCE OF NOT LESS THAN 50 NOR MORE THAN 125 HOURS OF šCOMMUNITY SERVICE? (More) AB 3499 (O'Connell) Page 2 (2) THE LOSS OF DRIVING PRIVILEGES UNTIL THE AGE OF 18 OR THE LOSS šOF DRIVING PRIVILEGES FOR UP TO AN ADDITIONAL YEAR IF THOSE šPRIVILEGES ARE ALREADY UNDER SUSPENSION OR REVOCATION - WITH THE šCOURT ABLE TO RESTRICT RATHER THAN REVOKE DRIVING PRIVILEGES IF A šSPECIFIED HARDSHIP EXISTS? WHEN AN ACTION IS BROUGHT IN JUVENILE COURT AGAINST A MINOR WHO šUNLAWFULLY POSSESSES A HANDGUN OR LIVE AMMUNITION, SHOULD THE šCUSTODIAL PARENT OR LEGAL GUARDIAN OF THE MINOR BE SUBJECT TO A šCOURT'S REQUIREMENT THAT THEY PARTICIPATE IN A CLASS ON PARENTING šEDUCATION? PURPOSE It is unlawful under existing law for a minor to possess a pistol, šrevolver, or other firearm capable of being concealed upon the šperson or to possess live ammunition. Existing law allows a minor što possess a handgun when the minor has written consent from his or šher parent or legal guardian or is accompanied by his or her parent šor legal guardian while possessing the firearm. Existing law šallows a minor to possess live ammunition in those same šcircumstances and when going to or from a lawful hunting activity šor a lawful organized recreational or competitive shooting šactivity. Violations are punishable as a misdemeanor unless there šis a prior violation or a prior conviction of specified other šcrimes, in which case imprisonment for up to one year in state šprison or a county jail applies. (Penal Code Section 12101) Effective January 1, 1995, Penal Code Section 12101 as amended by šAB 482 (Peace) - Chapter 23, Statutes of 1994 - will contain new šrestrictions on the possession of handguns and live ammunition by šminors, including the following: -a minor under 16 years of age must be accompanied by his or her šparent or legal guardian and engaged in specified activities to šlawfully possess a handgun or must be accompanied by a responsible šadult (defined as over 21 and not themselves subject to šrestrictions on firearms possession) along with written consent of šthe parent or legal guardian and engaged in those specified šactivities (which are expanded to include ranching and agricultural šactivities which involve the use of a firearm). -a minor at least 16 years of age may lawfully possess a handgun if šhe or she has the requisite written consent and is engaged in those šspecified activities. This bill incorporates all of the Section 12101 language previously šenacted in AB 482. (More) AB 3499 (O'Connell) Page 3 This bill adds the following new penalties both of which a minor šshall suffer for violations of Section 12101: (1) performance of not less than 50 nor more than 125 hours of šcommunity service. (2) the loss of driving privileges until the age of 18 or the loss šof driving privileges for up to an additional year if those šprivileges are already under suspension or revocation. The court šwould be able to restrict rather than revoke driving privileges if ša family hardship exists regarding the minor's or a family member's šemployment or for medically related purposes. This bill also allows a court to require the custodial parent or šlegal guardian of the minor to participate in a class on parenting šeducation when an action is brought in juvenile court against a šminor who unlawfully possesses a handgun or live ammunition. The purpose of this bill is to provide additional penalties and šdiscretionary parenting when a minor violates restrictions on the špossession of handguns and live ammunition. COMMENT 1. Author's statements in support of this bill. According to the author, between 1986 and 1992, the number of children killed by guns rose 143%. More children are dying from firearms than from all natural diseases combined. A recent Metropolitan Life Insurance Company found that 13% of students said that they had carried a weapon to school at some time. Other studies estimate that 1.2 million elementary age school children have access to guns when they are at home alone (i.e., latchkey children). Many kids show off guns to friends and treat them like toys. Other youths are carrying guns as part of their criminal activities. In both cases the results can be deadly. The current penalties for minors caught with a gun on the first offense are negligible. It is imperative to institute penalties that are both practical and tough. Parents must absolutely be involved and held responsible for minors caught with weapons. 2. Application of Penal Code Section 12101 to handguns only. Existing Section 12101 and the new section which takes effect on January 1, 1995, both apply only to handguns. Previous versions of this bill would have extended the prohibitions on possession by minors in Section 12101 to all firearms. The (More) AB 3499 (O'Connell) Page 4 current version of the bill maintains the existing language which pertains only to "a pistol, revolver, or other firearm capable of being concealed upon the person." However, existing law does provide numerous restrictions on the transfer - and possession - of firearms to minors and others. Any person who sells pistols, revolvers, and other firearms capable of being concealed upon the person ("handgun") to a minor is guilty of a misdemeanor which is punishable by up to six months in county jail and/or a fine up to $1,000. Subsequent violations are punishable in graduated penalties. (Penal Code Section 12100; note: Section 12100 is repealed effective January 1, 1995 by AB 482 and revised language is placed in Sections 12072 and 12078 to forbid transfers to minors and to state the exceptions to that prohibition.) A licensed gun dealer may not sell a handgun to any person under the age of 21 years and may not deliver a long gun to any person under 18 years of age. Any person who gives, furnishes, or transfers a firearm other than a handgun without prior written consent or implied permission of a parent or legal guardian is guilty of a misdemeanor. Any person who sells any firearm other than a handgun to a minor is guilty of a misdemeanor. (Penal Code Sections 12072(b), 12552 and 12553.) All transfers, loans, and sales of firearms generally must be conducted through a dealer. Intrafamilial transfers and loans between persons personally known to each other are exempt from this requirement if the loan does not exceed 30 days in duration. (Penal Code Sections 12072(d) and 12078.) Any person, corporation, or firm who knowingly supplies, sells, or gives possession or control of any firearm to any person within a defined class of persons shall be punished by imprisonment in the state prison, or in a county jail for a period up to one year and/or a fine up to $1,000. (Penal Code Section 12072(a)(1).) It is a misdemeanor for a person to sell, deliver, or otherwise transfer any firearm to any person whom he or she has cause to believe to be within an enumerated class of persons prohibited from possessing firearms. (Penal Code section 12072(a).) (When AB 482 becomes effective on January 1, 1995, a minor may only receive a long-gun from a private party who is not related to the minor without going through a dealer when a 30-day loan exemption for long-guns applies. AB 482 imposes strict limits on handgun transfers which allow only the loaning of handguns to minors from any source subject to limited purposes.) (More) AB 3499 (O'Connell) Page 5 In addition, numerous penalty enhancements are applicable to criminal violations involving firearms, whether the perpetrator is an adult or a minor. 3. California Probation, Parole and Correctional Association now š in support. The CPPCA wrote the author on June 7, 1994, that the organization "strongly supports the use of community service as a sanction; however we urge you to leave the amount and kind of community service to the discretion of the sentencing court." They also suggested adding a discretionary "hardship" exemption to the restriction on driving privileges. Their suggested amendments are now in the current version of the bill. 4. CACJ opposition. The CACJ states that: "Suspension of driving privileges for offenses which are not related to driving in an irrational and inequitable penalty. License suspension may also have the unintended result of making it even more difficult for juvenile offenders to comply with conditions of probation, do community service, and seek and maintain employment." 5. Suggested amendments. -On page 3, line 2, after "activity", insert: or a motion picture, television, or video production, or entertainment or theatrical event -Technical amendments: On page 3, line 30, delete: Section 12020, On page 3, line 31, delete "Section 12020.1" and insert: 12021.1 On page 3, line 31, insert after "or": in 6. Related legislation. AB 2470 (Rainey), currently referred to this committee, also would impose the same restrictions on a minor's driving privileges for violations of Section 12101. (More) AB 3499 (O'Connell) Page 6 Existing law provides procedures for suspending the driving privilege of a person for one year for each conviction of certain offenses involving vandalism by defacing property with paint or any liquid, or by spraying, scratching, or writing on a surface committed while the person was 13 years of age or older. (Vehicle Code Section 13202.6) SB 37X (Presley), currently in the Senate Appropriations Committee, would expand that section to include convictions of misdemeanor firearm offenses. That Vehicle Code Section allows the court discretion in restricting driving privileges; contains a hardship provision; defines community service as removing graffiti; and allows the court to reduce the driving restriction by one day for each hour of community service performed by a violator. ***********