BILL ANALYSIS
SENATE COMMITTEE ON Public Safety
Senator Bruce McPherson, Chair S
2001-2002 Regular Session B
5
2
SB 52 (Scott)
As Amended April 5, 2001
Hearing date: April 17, 2001
Penal Code
SH:br
HANDGUN SAFETY LICENSE
HISTORY
Source: California Organization of Police and Sheriffs; Handgun
Control; Million Mom March (co-sponsors)
Prior Legislation: AB 273 (Scott) - 2000, no vote taken on
Assembly concurrence
AB 1607 (Shelley) - 2000, held on Assembly
Appropriations Committee suspense
AB 863 (Honda) - 1999-00, provisions deleted as
currently amended
SB 1275 (Hart) - 1994, died in Senate
Appropriations Committee
SB 1X (Hart) - 1994, never set for hearing in
Senate Judiciary Committee
Support: California Police Chiefs Association; American College
of Emergency Physicians-California; Violence Prevention
Coalition of Greater Los Angeles; Children's Advocacy
Institute; Trauma Foundation; Women Against Gun
Violence; Orange County Citizens for the Prevention of
Gun Violence; Physicians for a Violence-Free Society;
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Coalition to Stop Gun Violence; Physicians for Social
Responsibility; American Association of University
Women-California; Eureka San Diego-Violence Prevention
Initiative; numerous individuals
Opposition:Peace Officers Research Association of California;
California State Sheriffs' Association; Orange County
Sheriff; National Rifle Association; Citizens for Gun
Safety; California Rifle and Pistol Association; Butte
County Sheriff; San Bernardino County Sheriff; numerous
individuals
KEY ISSUES
SHOULD A PROGRAM FOR HANDGUN SAFETY LICENSES IN CALIFORNIA BE
IMPLEMENTED BY THE DEPARTMENT OF JUSTICE, AS SPECIFIED,
EFFECTIVE JULY 1, 2002?
SHOULD, EFFECTIVE JULY 1, 2002, NO PERSON BE ALLOWED TO
PURCHASE, OR RECEIVE THROUGH GIFT, LOAN, TRANSFER, OR BEQUEST,
ANY HANDGUN, WITHOUT A VALID HANDGUN SAFETY LICENSE, AS
SPECIFIED?
SHOULD, EFFECTIVE JULY 1, 2002, NO PERSON BE ALLOWED TO SELL, OR
DELIVER THROUGH GIFT, LOAN, TRANSFER, OR BEQUEST, ANY HANDGUN,
TO ANY INDIVIDUAL WITHOUT ASSURING THAT THE INDIVIDUAL HAS A
VALID HANDGUN SAFETY LICENSE, AS SPECIFIED?
SHOULD THAT HANDGUN SAFETY LICENSE PROGRAM INCLUDE, AMONG ITS
ELEMENTS, THE FOLLOWING REQUIREMENTS:
ANY PERSON SEEKING THE LICENSE SHALL PASS A WRITTEN TEST AND
DEMONSTRATE SAFE HANDLING, INCLUDING FIRING A HANDGUN, BEFORE
A DEPARTMENT OF JUSTICE CERTIFIED HANDGUN SAFETY LICENSE
INSTRUCTOR?
ANY PERSON SEEKING THE LICENSE MUST GO TO A CHIEF LAW
ENFORCEMENT OFFICER AFTER TAKING/PASSING THE COURSE TO SUBMIT
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A THUMBPRINT, PROOF OF IDENTITY AND RESIDENCY, AND OBTAIN A
CERTIFICATION OF APPROVAL AND REVIEW, AS SPECIFIED?
ANY PERSON APPLYING FOR A LICENSE SHALL DO SO THROUGH A
LICENSED FIREARM DEALER BY PRESENTING THE COMPLETED
APPLICATION WITH THE CHIEF LAW ENFORCEMENT OFFICER'S
CERTIFICATION?
SHOULD THE DEPARTMENT OF JUSTICE BE REQUIRED TO IMPLEMENT THE
PROGRAM INCLUDING, ALL BEGINNING JULY 1, 2001, AND PRIOR TO
FEBRUARY 1, 2002:
DEVELOPMENT OF A WRITTEN TEST, AS SPECIFIED?
DEVELOPMENT OF A HANDGUN SAFETY LICENSE COURSE WHICH SHALL BE
NO LESS THAN 2 HOURS BUT NO MORE THAN 8 HOURS?
(CONTINUED)
DEVELOPMENT OF AN INSTRUCTIONAL MANUAL AND MINIMUM STANDARDS
FOR ALL HANDGUN SAFETY LICENSE INSTRUCTORS?
ENSURING THAT THE COURSE SHALL BE AVAILABLE TO PERSONS AT
CONVENIENT TIMES AND LOCATIONS IN A PERSON'S COUNTY OF
RESIDENCY AND WITHIN 15 MILES OF THE PERSON'S CITY AND COUNTY
OF RESIDENCY BY JULY 1, 2002?
SHOULD THE DEPARTMENT OF JUSTICE BE REQUIRED TO MAINTAIN A
CURRENT DATABASE CONTAINING ALL OF THE INFORMATION SUBMITTED BY
EACH APPLICANT WHICH SHALL BECOME PART OF THE CONSOLIDATED
FIREARM INFORMATION SYSTEM TO BE DEVELOPED BY THE ATTORNEY
GENERAL, WITH THAT INFORMATION TO BE MADE AVAILABLE TO (1) LAW
ENFORCEMENT AND (2) TO ANY STATE AGENCY FOR STATISTICAL PURPOSES
(WITH SPECIFIED CONFIDENTIALITY)?
SHOULD SPECIFIED PERSONS BE EXEMPTED FROM THE THUMBPRINT AND
DEMONSTRATION REQUIREMENTS OF THE HANDGUN SAFETY LICENSE, AS
SPECIFIED?
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SHOULD SPECIFIED PERSONS BE EXEMPTED FROM THE HANDGUN SAFETY
LICENSE TO PURCHASE OR RECEIVE ANY HANDGUN?
SHOULD RELATED PROVISIONS OF LAW BE ENACTED?
PURPOSE
The purpose of this bill is to create a handgun safety license
system in California administered by the Department of Justice
effective July 1, 2002, as specified.
Existing law does the following:
Generally requires that the sale, loan or transfer of a
firearm (handguns, rifles and shotguns) in California must be
conducted through a state-licensed firearms dealer or through
a local sheriff's department in counties of less than 200,000
population. That requirement is applicable to both purchases
from a licensed firearms dealer and private party
transactions, which must be made through a licensed dealer or
a local sheriff's department in smaller counties. A 10-day
waiting period, background check, and handgun safety
certificate for handgun transfers are required prior to
delivery of the firearm. (Penal Code 12072(c) and (d) and
12084.)
Sets forth the requirements for the Department of Justice
creation of the requisite handgun safety certificate and
provides exemptions for specified classes of persons who do
not need to either successfully take the course or challenge
the course with a specified exam. (Penal Code 12081 and
12800-12809.)
Provides where neither party to the transaction holds a
firearms dealer's license the parties to the transaction
shall complete the sale, loan, or transfer of that firearm
through either a licensed dealer or a sheriff's office in
smaller counties. Violations involving handguns shall be
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punished by imprisonment in a county jail not exceeding one
year or in the state prison, or by a fine not to exceed
$1,000, or by both the fine and imprisonment. (Penal Code
12072(d) and (g)(3)(E).)
Requires each firearm dealer to keep a written record of each
firearm transaction, and to send copies of those records to
DOJ. (Penal Code 12073 and 12076.)
Requires the register of sale of a concealable handgun to
contain specified information, such as date of sale; time of
sale; make of firearm; the purchaser's basic firearms safety
certificate number; manufacturer's name if stamped on the
firearm; serial number; any identification number or mark
assigned to the firearm; caliber of the firearm; type of
firearm; whether the firearm is new or used; barrel length;
color of the firearm; full name of the purchaser; purchaser's
complete date of birth; purchaser's local address; purchaser's
permanent if local address is temporary; identification of
purchaser, place of birth, complete telephone number,
occupation, purchaser's sex, physical description, all legal
names and aliases ever used by purchaser, whether the
purchaser has suffered specified criminal convictions, or has
a history of specified mental health, signature; and specified
other information about the dealer. (Penal Code 12077(b).)
Provides that the Department of Justice shall permanently keep
and maintain records of handgun transactions (handgun
registry). (Penal Code 11106(b)(1).)
Requires a license for persons who sell firearms commercially
and sets forth the requirements of that license. (Penal Code
12070 and 12071.)
Requires a license for persons to manufacture firearms in
California. (Penal Code 12085.)
Provides for the Department of Justice to issue a permit for
possession, manufacture, or transportation of machine guns.
(Penal Code 12230.)
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Provides that any person who produces, promotes, sponsors, or
otherwise organizes a gun show must obtain a Certificate of
Eligibility from the Department of Justice to be a "licensed
gun show producer." (Penal Code 12021.1.)
Provides for the issuance of a license to carry a concealed
weapon concealed in public. (Penal Code 12050-12054.)
Provides that no permit or license to purchase, own,
possess, keep, or carry, either openly or concealed, shall
be required of any citizen of the United States or legal
resident over the age of 18 years who resides or is
temporarily within this state, and who is not within the
excepted classes prescribed by section 12021 or 12021.1 of
this code or section 8100 or 8103 of the Welfare and
Institutions Code, to purchase, own, possess, keep, or
carry, either openly or concealed, a pistol, revolver, or
other firearm capable of being concealed upon the person
within the citizen's or legal resident's place of residence,
place of business, or on private property owned or lawfully
possessed by the citizen or legal resident. (Penal Code
12026(b).)
This bill does the following:
Provides that effective July 1, 2002, no person shall purchase,
or receive through gift, loan, transfer, or bequest, any
handgun, without a valid handgun safety license issued by the
department (Department of Justice) pursuant to this Act.
Provides that effective July1, 2002, no person shall sell, or
deliver through gift, loan, transfer, or bequest, any handgun,
to any individual without assuring that the individual has a
valid handgun safety license issued by the department pursuant
to this Act.
Exempts from the thumbprint and firearm demonstration
requirements of the handgun safety license requirements the
following:
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1.Individuals who have a valid concealed weapons permit.
2.Reserve peace officers, as defined in section 832.6, if the
department determines that the training completed by the
reserve peace officer is, at a minimum, equivalent to the
training course, written test, and safe handling demonstration
required for the handgun safety license
3.Active military and military reserve personnel.
4.Private security guards, if the department determines that the
training completed by the security guard is, at a minimum,
equivalent to the training course, written test, and safe
handling demonstration required for the handgun safety
license.
5.Federally licensed firearms collectors.
Exempts from the handgun safety license requirements to purchase
or obtain handguns the following:
1.Any California or federal peace officer authorized to carry a
firearm while on duty.
2.Any honorably retired peace officer, as specified, who was
authorized to carry a firearm on duty.
3.Any honorably retired federal officers or agents who were
authorized to, and did, carry firearms in the course and scope
of their duties and are authorized to carry firearms in
retirement by a local sheriff, as specified.
Prohibits the issuance of a handgun safety license to any person
under the age of 21 or to anyone who falls into any of the
classes of persons prohibited from owning or possessing a
firearm by section 12021 or 12021.1 of this code or section 8100
or 8103 of the Welfare and Institutions Code.
Requires the department to develop and make available a handgun
safety license application form, including availability on the
Internet.
Provides that an application for a handgun safety license shall
include the following information:
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1. Name;
2. Current mailing address;
3. Any aliases ever used, or other names by which the
applicant has ever been known;
4. Date and place of birth;
5. An indication as to whether the applicant is
prohibited from possessing or controlling firearms;
6. A statement that the applicant has read/agrees to
comply with conditions of the license;
7. Date of application;
8. Signature.
Requires that the applicant complete and pass a written test,
the content, form, and manner of which shall be prescribed by
the department. The test shall be administered by an instructor
certified by the department who shall certify completion of the
test. The test shall cover all of the following:
The laws applicable to the carrying and handling of firearms,
particularly handguns.
The responsibilities of ownership of firearms, particularly
handguns.
Current law related to the private sale and transfer of
firearms.
Current law as it relates to permissible use of lethal force.
What constitutes safe firearms storage practices.
Issues associated with bringing a handgun into the home.
Prevention strategies to address issues associated with
bringing a handgun into the home.
Requires that the applicant perform a safe handling
demonstration encompassing both a pistol and a revolver, the
content, form, and manner of which shall be prescribed by the
department, as specified. The demonstration shall be performed
for an instructor certified by the department.
Requires that the applicant, as part of the safe handling
demonstration, fully discharge the handgun.
Provides that the completed application-and proof of completion
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of the written test and safe handling demonstration-all be
submitted in person to either a chief of police or a sheriff in
California, or to an agent of the those law enforcement offices,
as specified.
Provides for a thumbprint taken by the chief of police or the
sheriff which shall not be used for a background check of the
applicant until that time as the department has developed
procedures that, in the determination of the department, are
cost- effective for the department to conduct a background
check.
Provides that the Chief of Police or Sheriff shall witness the
signature, require clear evidence of identity and age-a
California Driver's License or Identification Card-and proof of
California residency, such as a utility bill from within the
past three months, a residential lease, or a property record.
Provides that the chief law enforcement officer shall verify the
applicant's name, date of birth, valid driver's license or state
identification card, and documentation that the individual is a
California resident; shall retain a copy of the application and
thumbprint and return the original to the applicant not more
than two business days from the time of receipt of the
application; and that the chief law enforcement officer shall
stamp the original to certify his or her review and approval.
Specifies details about the contents of the handgun safety
license that shall be issued by the department on a paper card
that tears out of the license form returned to the applicant.
Provides that certification that the requirements regarding safe
handling, proficiency in shooting, and passing a written test
shall be provided to law enforcement in a form prescribed by the
department and with the handgun safety license course
certificate.
Requires that a licensed California dealer shall, within two
business days, forward the completed application to the
department and requires the department to complete an
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investigation to determine whether the applicant is a member of
any class of person prohibited under this section from receiving
a handgun safety license, and, if not, to forward a handgun
safety license to the applicant via United States mail within 10
days of receiving the application. If a firearm is purchased at
the same time as the application is submitted, the applicant
shall only be required to pay for and undergo one background
check.
Provides that the handgun safety license shall be issued by the
department with specified information on a paper card that tears
out of the license form. The license number will generally be a
person's California driver's license number.
Provides that a license is valid for five years from the date of
issuance of the license, or until the licensee's California
driver's license expires, whichever period is shorter. If the
licensee does not have a California driver's license, the
handgun safety license shall expire on the licensee's birthday
that falls at least five but no more than six years after
issuance of the handgun safety license. If the driver's license
expires within the next year, the handgun safety license shall
expire at the time the next driver's license expires.
Requires that the department shall maintain a current
database containing all of the information submitted by each
applicant pursuant to this section, which shall become part
of the consolidated firearm information system to be
developed by the Attorney General; the database shall be
accessible both directly through telephonic or other
electronic means, and indirectly through the department to
law enforcement officials and to any state agency for the
sole purpose of statistical evaluation of the licensing
program with appropriate steps taken to protect the privacy
rights of individual licensees when any information is
released. The database shall be merged with the current
Dealers Record of Sale system.
Sets limits on costs to the amount the department finds
sufficient to completely cover the costs incurred by the
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department in administering the handgun safety licensing
program, not to exceed $30 per license application and
allows the chief law enforcement officer to charge the
applicant an administrative fee solely to cover the costs
incurred by the chief law enforcement officer in processing
applications pursuant to this section, not to $12 per
license application. These costs may be adjusted every
calendar year by the department by an amount, rounded to
the nearest whole dollar, by which inflation has occurred.
The following conditions, the breach of any one of which
shall result in the immediate suspension or revocation by
the department or by order of a judge of a court of record,
in addition to any other penalty provided by law:
revocation of the license for the length of time an
individual is prohibited under any applicable state law from
purchasing a pistol, revolver, or other firearm capable of
being concealed upon the person; suspension if the
individual fails to notify the department in writing within
10 days of any change of legal name or mailing address of
the licensee. The department will verify receipt of the
change of address within 10 days by mailing back a small
card with the new address. The license will become valid
when the data is transmitted to the department; a one-year
suspension if an individual fails to complete private party
firearms transactions through a dealer or sheriff in
specified counties.
Provides that to renew a handgun safety license, the
licensee must first retake the written test to be
administered by an instructor certified by the department.
Provides that the handgun safety license shall be presented at
the point of purchase or transfer by the licensee when
purchasing or taking possession of a handgun in this state.
Provides that any person who alters, forges, counterfeits,
or falsifies any handgun safety license, or uses or attempts
to use any altered, forged, counterfeited, or falsified
handgun safety license to purchase a handgun, is guilty of a
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misdemeanor. No person may commit an act of collusion
relating to handgun safety licenses, punishable by a $1,000
fine and a prohibition on owning or controlling firearms in
California for five years. Defines collusion to include
acts pertaining to the requisite test.
Requires the department, beginning on July 1, 2001, and prior to
February 1, 2002, to:
1. Develop the course content and instructional
materials for a handgun safety license course which
shall consist of not less than two, nor more than eight
hours of instruction, including, but not limited to,
instruction in specified areas;
2. Develop an instructional manual and, if deemed
necessary, audiovisual materials, to be issued to a
handgun safety license instructor certified by the
department; to make the instructional manual available
to firearms dealers who shall have it available to the
general public;
3. Prescribe a minimum level of skill, knowledge, and
competency to be required of all handgun safety license
instructors and develop and provide the guidelines to
be used to certify the instructors. The department
shall charge a fee, not to exceed $200, which can be
adjusted annually for inflation, to pay for
certification;
4. Develop a safe handling demonstration, basic
shooting proficiency and objective written tests for
the handgun safety license course, as specified, with
the test consisting of not less than 20, nor more than
30, questions with an 75 percent score required to
pass.
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Requires the department to incorporate a statement of policy in
the course materials declaring that the requirements of the
provisions of this section shall be administered in a fair and
nondiscriminatory manner and requires the instructor to inform
applicants of any failure to meet a requirement of the course
and testing, as specified.
Requires the department to solicit input from any reputable
association or organization that has, as one of its objectives,
the promotion of firearms safety in the development of the basic
firearms safety course.
Requires the department to ensure that the course shall be
available to persons at convenient times and locations in a
person's county of residency by July 1, 2002. In the case of a
city and county, the department shall ensure that a course is
available within 15 miles of that city and county. [Note: This
bill does not require that an applicant take a course, only that
the applicant pass the written test and perform a safe handling
demonstration which does require that the applicant fully
discharge firearms.]
Sunsets effective July 1, 2002, the existing handgun safety
certificate required before a person may purchase a handgun and
which provides exemptions for specified classes of persons who
do not need to either successfully take the course or challenge
the course with a specified exam. (Penal Code 12081 and
12800-12809.)
Provides that the department shall be immune from any liability
arising from implementing the handgun safety license provisions.
Contains a severability provision so that if any provision of
handgun safety license law or its application is held invalid,
that invalidity shall not affect other provisions or
applications that can be given effect without the invalid
provision or application.
Makes a number of changes to law pertaining to transfers of
firearms so that handgun transfer, such as those by operation of
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law pertaining to a bequest, require that transferee obtain a
handgun safety license and adds specific restrictions and
exemptions pertaining to specified loans of handguns.
Adds a specific provision in existing section 12072 pertaining
to sale or delivery of firearms that no person, corporation, or
firm shall sell, loan, or transfer a firearm to a minor, nor a
handgun to an individual aged 18, 19, or 20 years.
Adds to the existing provision in law which states that no
license or permit shall be required to purchase, own, possess,
keep or carry a handgun on a person's property that a handgun
safety license may be required and adds a new provision in law
allowing the transfer of handguns if the handgun is registered
to the owner in the existing handgun registry and other
conditions are met.
Makes numerous related changes in law and includes an overall
delayed operative date for this bill's provisions "contingent"
on DOJ funding in the Budget Act of 2001.
COMMENTS
1. Need for This Bill
The author asserts the following:
Last year, over 30,000 Americans died as a result of
gunfire. Each day, 88 Americans die as a result of
gunfire, the equivalent of a planeload of airline
passengers. Thousands of others are injured either
intentionally or accidentally by guns. Firearms are
the leading cause of death for American youth under
24.
Many individuals purchase handguns without knowing
how to safely load, unload, fire, clean, or secure
them. They may not be familiar with current laws
which dictate how handguns can legally be possessed,
transported, loaned, and transferred.
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Criminals can purchase handguns from dealers by lying
about their backgrounds on their applications to
purchase handguns. Often, they can never be
prosecuted for the crimes associated with illegally
purchasing a handgun because they are not required to
submit their thumbprint to gun dealers.
Individuals can purchase handguns using fake
identification. A recent federal study documented how
easy it was to purchase a gun with a fake i.d. This
is especially true in California where gun dealers,
not peace officers, verify the identity of gun buyers.
Individuals who do not reside in California can
purchase handguns because they are only required to
show a California Driver's License or California
Identification card, which can be obtained without
proof of residency (such as a utility bill).
Current law requires individuals who purchase handguns
to first obtain a basic firearms safety certificate
(BFSC). Buyers must be residents of California, but
are not required to provide proof of residency.
Current law does not necessarily require a person to
pass a written test in order to obtain a BFSC. In
order to obtain the BFSC, buyers must either pass a
written test, watch a video, or take a course
regarding current California firearms laws and safe
gun-handling rules.
Purchasers may take the test at a gun dealership,
which has a financial interest in a buyer passing the
test. The dealer, rather than a police officer, is
also responsible for verifying the buyer's identity.
Purchasers are not required to demonstrate any skill
in the actual handling of the handgun, such as safe
loading, unloading, firing, and storage, nor are they
required to provide a thumbprint for verification of
identity or for future background checks.
SB 52 would require individuals who purchase handguns
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to first obtain a handgun safety license. In order to
obtain a license, individuals could go to any police
department or sheriff's office in the state. They
would complete an application and provide the
following: proof of identification (either a
California Driver's License, or a California
Identification Card); proof of residency in
California; a thumbprint to a law enforcement agency;
proof that they have passed a DOJ-certified written
test regarding safety rules and current firearms laws;
proof that they have passed a DOJ-certified safe
gun-handling demonstration. These requirements would
help ensure that handgun owners know how to safely
use, store, transport, and secure their weapons.
The requirement for applicants to go to a law
enforcement office would deter criminals and detect
individuals using fake identification to purchase
handguns.
2. What Does the Proposed Handgun Safety License Add to Current
Law
This bill would, effective July 1, 2002, require that persons
not otherwise exempted must obtain a "handgun safety license" in
order to purchase, obtain, or take control of a handgun.
Limitations on receiving loaned or otherwise transferred
firearms would also be added by this bill, so that in order to
loan or transfer a handgun to some individuals, those
individuals would have to be a person who has a handgun safety
license.
By requiring license renewal and background checks with
renewals, this bill would require periodic background checks for
persons who otherwise would only trigger a background check
requirement under current law if they purchased a firearm. In
addition, this bill would require passage of a written test on
California's firearms laws (for renewals as well) and a
demonstration of safe handling, including discharging a firearm,
as specified.
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In addition, this bill would apply to transferees who are often
excluded from some other requirements of law, such as:
transmutation of property between spouses; handguns given to
family member of a peace officer (see Government Code section
50081); delivery of handgun to a finder of the handgun (Civil
Code section 2080); transfers between family members by gift,
bequest, or intestate succession; loans between family members;
and persons taking possession by operation of law.
There is no requirement in this bill that a person who must
obtain a handgun safety license in order to purchase a firearm
must renew the license to continue to own a lawfully purchased
handgun. However, if a person who has a valid handgun safety
license lets it expire, then that person would not be eligible
to borrow or receive by bequest a handgun or take possession of
a handgun in other specified circumstances.
The Department of Justice does indicate that in 1999, there
were 224,0336 handgun transfers which were added to the
Automated Firearms System (AFS). There is currently a one
handgun per 30-day period limit in California, effective
January 1, 2000. Not surprisingly, the 1999 handgun DROS
figures do show dramatic numerical differences by county. For
example, Los Angeles County had 47,099 DROS additions to the
AFS system while Sierra County had 17. It is not possible
from those numbers to tell exactly how many individual
purchasers were involved since some number did purchase more
than one handgun in that year. Also, the numbers for 1999
could have been "inflated" by Y2K concerns; 2000 numbers
should be available soon. The number for 1998 is 181,421;
1997 is 195,338; and 1991 is 311,154. Recent media reports
indicate that handgun sales nationally are in a decline.
3. What Would be Required to Obtain a Handgun Safety License
This bill contemplates that an applicant for a handgun safety
license would first need to pass a written test and safe
handling demonstration. The applicant would then go to any
chief law enforcement agency in the state with an application in
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hand along with the test/demonstration certification-not more
than six months old-and provide requisite proof of identity to
the chief law enforcement officer along with submission of a
thumbprint. The application would be "certified" by the chief
law enforcement agency and returned to the applicant who would
then take the application to a licensed dealer who would submit
it to the Department of Justice. At that point, the applicant
would receive a handgun safety license subject to a background
check.
The requirements for the handgun safety license are a written
test and a safe handling demonstration including fully
discharging a firearm (a pistol and a revolver; no requirement
that it be the firearm of intended purchase). No particular
shooting score or proficiency is required. Nor, as currently
amended, is there a requirement that an applicant take any
course before taking the test or demonstrating safe handling.
However, the Department of Justice is required to ensure that
courses are available. There is a requirement that the
Department of Justice shall make those courses available at
convenient times and places. Whether or not that can
realistically be accomplished may be debatable. The safe
handling demonstration would require a range or location where
the applicant may shoot firearms" . . . in accordance with safe
firing range practices." In addition, there is no indication
of how much such a course would cost. There are exemptions for
law enforcement, including, retired, and federal. It may be,
for example, that law enforcement officers who are retired may
be quite proficient in handling firearms, but given the
complexity of California firearms laws, they may be no more
knowledgeable of current and evolving laws than any other
person.
In addition, this bill sunsets-effective July 1, 2002-the
existing required basic firearms safety certificate which a
handgun purchaser must now obtain and which currently provides
exemptions for specified classes of persons who do not need to
either successfully take the course or challenge the course with
a specified exam. The existing handgun safety certificate
provisions exemptions do include the following: licensed
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firearms dealers, importers and manufacturers, military persons,
peace officers, holders of concealed weapons permits, persons
with hunter safety certification or who hold a hunting license,
and others.
4. When Would This Bill's Operative Provisions Take Effect
When would this bill's operative provisions take effect? If
enacted, this bill would take effect on January 1, 2002, with
operative dates contained in the bill which are subsequent to
that time. This bill contains a number of provisions that
indicate that the new Handgun Safety License shall be required
for purchase or receipt of a handgun after July 1, 2002. For
example, new subdivision (b)(8) of section 12071 states:
(8) No handgun shall be transferred, sold, or loaned
to any individual unless the person receiving the
firearm has a valid handgun safety license pursuant
to
Section 12060. The individual must present the
original handgun safety license to the dealer. (p.
28, lines 4-7)
That requirement would be placed in law effective January 1,
2002, even though the primary operative section in this bill,
new section 12060, would not become operative until July 1, 2002
(p. 16, line 15).
In addition, this bill further contains an additional
operative provision (p. 56, lines 32-39 and p. 57, lines 1 and
2):
SEC. 10. The provisions of this act, including all
responsibilities assigned to the Department of
Justice by this act, including, but not limited to,
issuing handgun safety licenses, maintaining a data
base of all handgun safety license applicants and
recipients, and creating the content and materials
for handgun safety license courses, are contingent
upon the Legislature appropriating funding for those
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SB 52 (Scott)
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responsibilities, pursuant to this act, to the
Department of Justice in the Budget Act of 2001 for
the 2001-02 fiscal year and shall not become
operative unless that funding is provided.
It would appear that this entire bill, if enacted and effective
January 1, 2002, would have a floating operative date which
would be apparent only if one knew the status of the budget
bill. It may be that the intent is to put funding for this bill
in the budget and then later amend this bill to change or delete
the section 10 operative language. However, Committee staff
cannot ascertain if that is the case or not at this time.
5. Penalty Impact of this Bill
This bill adds a new set of provisions in the Penal Code
pertaining only to the handgun safety license-sections
12060-12065. The first provision states:
No person shall purchase, or receive through gift,
loan, transfer, or bequest, any handgun, except an
antique firearm, as defined in paragraph (5) of
subdivision (b) of Section 12020, without a valid
handgun safety license issued by the department
pursuant to this section. No person shall sell, or
deliver through gift, loan, transfer, or bequest, any
handgun, except an antique firearm, as defined in
paragraph (5) of subdivision (b) of Section 12020, to
any recipient without assuring that the recipient has
a valid handgun safety license issued by the
department pursuant to this section. (new section
12060(b)(1).)
The bill as amended on April 5, 2001, no longer has any express
penalties in sections 12060-12065 for the failure to have a
handgun safety license as required by new section 12060(b)(1).
This bill then adds to existing law the following language:
No handgun shall be transferred, sold, or loaned to
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SB 52 (Scott)
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any individual unless the person receiving the
firearm has a valid handgun safety license pursuant
to Section 12060. The individual must present the
original handgun safety license to the dealer. (new
section (8) of subdivision (b) of section 12071.)
The penalty for a violation of section 12071(b) is forfeiture of
the dealer's license.
This bill also adds to existing law the following language:
Commencing July 1, 2002, no pistol, revolver, or
other firearm capable of being concealed upon the
person shall be delivered unless the purchaser,
transferee, or person being loaned the firearm
presents a handgun safety license to the dealer.
(new (B) of subdivision (c)(5) of section 12072.)
Violations of section 12072 (c)(5) involving handguns are
punishable as an alternative misdemeanor/felony (section
12072(g)(3)(D)), except that the penalty would be a felony only
if the delivery involved a minor (section 12072(g)(F)) and other
penalties could apply if a gang activity was involved.
Penal Code section 19.4 states that "When an act or omission is
declared by a statute to be a public offense and no penalty for
the offense is prescribed in any statute, the act or omission is
punishable as a misdemeanor."
There has been some discussion about whether or not the
enactment of new section 12060(b) would itself still be
punishable by a residual penalty since it does state a
prohibition without a specific penalty. One suggestion to
address that concern is to add, possibly as a new subdivision
(u) that:
The provisions of this section are cumulative and
shall not be construed as restricting the
application of any other law. However, an act or
omission punishable in different ways by this
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section and different provisions of this code shall
not be punished under more than one provision.
The proponents of this bill may wish to make that amendment.
Regardless, it may be that by deleting the specific penalties
from the bill as introduced, a greater although less specific
penalty could apply. On the other hand, it also may be that the
most likely time the requirement for a handgun safety license
would be violated is by persons who are loaned weapons-or make
unlawful transfers-since the lawful transfers requirement in law
through a dealer/sheriff is essentially self-enforcing. If
sales or transfers occur without going through a dealer/sheriff
as required by law, then greater penalties would apply,
regardless (section 12072(d) punishment for handgun violations
is a misdemeanor/felony pursuant to section 12072(g)(3)(E) with
greater penalties possible depending on the elements of the
offense).
6. Transfers to Minors
This bill does prohibit any person under 21 years of age from
obtaining a handgun safety license. This bill also adds the
following specific provisions pertaining to minors, in addition
to the general prohibition on transferring a handgun on one's
own property to a person under 21 years of age mentioned in
Comment #8, below:
No person, corporation, or firm shall sell, loan, or
transfer a firearm to a minor, nor a handgun to an
individual aged 18, 19, or 20 years. (page 33, lines
15-17; Penal Code section 12072 (a)(3)(A) - existing
section 12072(b) currently contains that prohibition
for licensed dealers from making such transfers.)
Paragraph (3) of subdivision (a) of Section 12072 and
subdivision (b) of Section 12060 shall not apply to
the loan of a handgun to an individual aged 18, 19,
or 20 years, provided that:
(A) The purpose of the loan is to engage in lawful,
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recreational sport, including, but not limited to,
competitive shooting, or agricultural, ranching, or
hunting activity, or a motion picture, television, or
video production, or entertainment or theatrical
event, the nature of which involves the use of a
firearm.
(B) The duration of the loan does not exceed the
amount of time that is reasonably necessary to engage
in the activities specified in subparagraph (A).
(C) The duration of the loan does not, in any event,
exceed 10 days. (page 51, lines 32-39, and page 52,
lines 1-5; Penal Code section 12078(p)(6))
7. Some Technical Issues Raised by This Bill
This bill does contain numerous references to July 1, 2002, as
the day when the new handgun safety license will be required.
However, the Department of Justice is not required to have a
handgun safety license course program available within 15
miles of an applicant's city and county of residency until
July 1, 2002 (page 18, line 27). Is the operative date for
the handgun safety license consistent with the requirements
for the courses to become available?
As noted above, new subdivision (b)(8) of section 12071
states:
(8) No handgun shall be transferred, sold, or loaned
to any individual unless the person receiving the
firearm has a valid handgun safety license pursuant to
Section 12060. The individual must present the
original handgun safety license to the dealer. (p.
28, lines 4-7.)
It would appear that that provision should be amended to add
"Commencing July 1, 2002" which is in new subdivision (c)(5)(B)
of section 12072 pertaining to the requirements of dealer
delivery:
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(B) Commencing July 1, 2002, no pistol, revolver,
or other firearm capable of being concealed upon the
person shall be delivered unless the purchaser,
transferee, or person being loaned the firearm
presents a handgun safety license to the dealer.
(p. 36, lines 3-6.)
The Department of Justice is required to develop the course
required for the handgun safety license:
2062. (a) Beginning on July 1, 2001, and prior to
February 1, 2002, the department shall do all of the
following:
It may be unclear how a non-urgency bill can require the DOJ to
do something before the bill would take effect. Therefore, it
would seem appropriate to modify at least the July 1, 2001, date
noted?
This bill requires a licensed dealer to submit completed
applications to the Department of Justice. However, there is
no specific language on page 12, line 32, that says that an
applicant shall take the completed application nor is there
any mention of a timeframe for doing so.
For example, the applicant must take the application to a chief
law enforcement officer within six months of the written test
and safe handling demonstration. It would seem consistent to
require that the applicant take the application to the dealer
and to require that that be done within some timeframe, such as
within seven months of the test and safe handling demonstration.
During the discussion of AB 273 (Scott) last year, the
following amendment was proposed as a modification to the
exemption for holders of concealed weapons permits from the
handgun safety license requirements:
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. . . if the Department determines that the training
completed for that permit is at a minimum equivalent
to the training course, written test, and firearm
proficiency and safe handling demonstration required
pursuant to the safety requirements of this section
Should that language be added to this bill on page 19, line 2,
after "Section 12050"?
This bill amends one provision of law which allows the limited
transfer of a handgun to a minor by exempting those limited
transfers from the handgun safety license (which a minor
cannot obtain)-Penal Code section 12078(p)(2), page 50, line
22.
However, the other limited loan to a minor provisions do not
have an exemption added. Therefore it would seem appropriate
to add that same handgun safety license exemption on page 50,
line 16, and page 51, line 6, both after "12072" (sections
12078(p)(1) and (3)).
Existing Penal Code section 12081, which this bill repeals,
does contain a list of exempted transfers from the existing
requirement for a basic firearms safety firearms certificate.
It may be that some of the exemptions in that section are not
contained in this bill and might appropriately be added, such
as persons licensed by the Department of Consumer Affairs and
issued a firearms permit and other persons allowed to carry
firearms described in Penal Code section 12031 (c) and (d),
which also includes patrol special officers and animal control
officers. There may be other exemptions that may
appropriately be added to this bill that may be discerned over
time.
Purely technical amendments:
The word "an" on page 9, line 18, should be changed to: and
The list of requirements for the test on page 9 and on page 17
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are slightly different; one could delete the language on page 9
revise to make both the same.
8. Change to Law Pertaining to Possessing a Handgun in One's
Home
Existing law:
Provides that no permit or license to purchase, own,
possess, keep, or carry, either openly or concealed,
shall be required of any citizen of the United States
or legal resident over the age of 18 years who resides
or is temporarily within this state, and who is not
otherwise in a class of persons prohibited from
possessing firearms to purchase, own, possess, keep, or
carry, either openly or concealed, a handgun within the
citizen's or legal resident's place of residence, place
of business, or on private property owned or lawfully
possessed by the citizen or legal resident. (Penal
Code 12026(b).)
This bill adds the following to that section after "no permit or
license":
. . . other than the handgun safety license required [by
this bill]
This bill than adds a new subdivision (w) to section 12078 which
states that:
(w) Subdivision (b) of Section 12060 [Handgun Safety
License] and subdivision (d) of Section 12072 [private
party transfers through dealers/sheriffs with background
checks and waiting period] shall not apply to the loan of a
handgun provided all of the following are met:
(1) The handgun is registered to the owner pursuant to
Section 11106. [DOJ registry of sales]
(2) The loan occurs within the registered handgun owner's
place of residence, or the handgun owner's private
property, except for property that is zoned for commercial,
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retail, or industrial activity.
(3) The individual receiving the handgun is not prohibited
from owning or possessing a firearm pursuant to Section
12021 or 12021.2 of this code, or by Section 8100 or 8103
of the Welfare and Institutions Code. [Prohibited
classes.]
(4) The individual receiving the handgun is not under the
age of 21 years.
Pursuant to California Penal Code section 11106, the Department
of Justice collects and maintains data regarding firearms sales
derived from the Dealer Record of Sale (DROS) form submitted at
the time of purchase of the firearm. This data includes the
make, model and serial number of the gun as well as information
regarding the purchaser. The DOJ maintains the DROS data from
1996 to the present within its California Firearm Information
System (CFIS). The DROS data for the years prior to 1996 is
contained in the Automated Firearms System (AFS).
The change made to section 12026(b) as modified by the addition
of section 12078 (w) would appear to limit private property
loans so that no such loan could be made to a person under the
age of 21-except that this bill also adds a further permissive
loan for persons age 18, 19, or 20 years old in section 12078
(p)(6)-on one's own property unless a handgun being loaned is in
the registry and not all handguns lawfully owned are in the
computer system prior to around 1990 when private party sales
were first required to be made through dealers or sheriff's in
smaller counties. And loans on commercial, retail, or
industrial property would now appear to require both a handgun
safety license and compliance with a background check and a
waiting period.
Those requirements may arguably be somewhat difficult to
discern.
In addition, AB 1139 (Thomsom) also makes changes to handgun
loans which involve age limits and registry requirements. AB
1139 is in the Assembly Committee on Public Safety.
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9. Opposition to This Bill Includes the Following
The Peace Officers Research Association of California (PORAC)
letter in opposition to this bill includes:
PORAC, as have most of the other law enforcement
organization, has asked the Legislature to hold off on
the introduction of legislation making any changes to
current gun laws in order for the most recent laws
passed in the last two years to be implemented and
evaluated for their effectiveness.
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As to SB 52 itself, PORAC feels this bill imposes
numerous requirements on law enforcement that are
redundant and unwarranted, as California Law
enforcement is required to show proficiency and
knowledge of gun laws in California as part of their
profession.
The California State Sheriff's Association includes:
Without passing judgement on whether gun licensing . .
. will have the impact of reducing crime, we must
oppose SB 52 on its timing and fiscal impact on local
law enforcement. . . . we are predisposed to oppose
any major new gun laws given that we are still working
on understanding, training and enforcement of the last
round of new gun laws.
The NRA letter in opposition to this bill includes:
. . . The fact is that, relative to the total number
of handguns possessed by lawful individuals, firearms
related accidents are infrequent and the number of
them cannot justify the huge, costly and cumbersome
infringements that SB 52 would place in the way of
lawful California residents seeking to exercise their
constitutional rights to obtain and possess a firearm.
Existing law already provides for a criminal and
mental history background check, a Basic Firearms
Safety Certificate, registration of handguns at time
of transfer and other provisions that comprise an
effective compendium of firearms law. SB 52 will not
add more effectiveness to this body of law, but it
will impede lawful firearms ownership while having no
impact at all on crimes and those who commit them.
10. Related Legislation
In addition to AB 1139 mentioned in Comment #8, above, AB 35
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(Shelley) would, commencing July 1, 2002, require that any
person who seeks to purchase any handgun shall obtain a handgun
owner's license issued by the Department of Justice, as
specified. AB 35 is currently in the Assembly Appropriations
Committee.
11. Licensing in Other States
There are programs in other states which fall within the rubric
of handgun licenses. However, some of those programs appear to
be primarily pre-clearance systems with background checks
occurring prior to actual purchase, for example. Hawaii does
require a completion of a safety course. A very cursory review
of background materials does seem to indicate that the handgun
safety license proposed by this bill, along with the limitations
on loans and transfers, is broader than the statutes in any
other state with the possible exception of Hawaii and another
state or two. Anecdotal information does suggest that few, if
any, other states have firearms laws that are as complex as
those in California.
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