BILL ANALYSIS SB 52 Page A Date of Hearing: June 26, 2001 Counsel: Fredericka McGee ASSEMBLY COMMITTEE ON PUBLIC SAFETY Carl Washington, Chair SB 52 (Scott) - As Amended: June 4, 2001 SUMMARY : Repeals the Basic Firearms Safety and Certificate (BFSC) program administered by the Department of Justice (DOJ) and replaces it with a handgun safety licensing program funded from fees. Specifically, this bill : 1)Provides definitions for "handgun", "basic firearms safety certificate", "firearms safety certificate" and "handgun safety license". 2)Provides that effective January 1, 2003, no person shall purchase, or receive through gift, loan, transfer, or bequest, any handgun, without a valid handgun safety license issued by DOJ pursuant to this bill. 3)Provides that effective January 1, 2003, 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 DOJ pursuant to this bill. 4)Prohibits the issuance of a handgun safety license to any person under the age of 21 or to any person who is included in any of the classes of persons prohibited from owning or possessing a firearm by Penal Code Sections 12021 or 12021.1 or Welfare and Institutions Code Sections 8100 or 8103. 5)Requires DOJ to develop and make available a handgun safety license application form (including availability on the Internet); instructional materials in both English and Spanish; coursework for the class; and a handgun safety license card. 6)Provides that an application for a handgun safety license shall include the following information: name; current mailing address; any aliases ever used, or other names by SB 52 Page B which the applicant has ever been known; date and place of birth; an indication as to whether the applicant is prohibited from possessing or controlling firearms; a statement that the applicant has read/agrees to comply with conditions of the license; date of application; and signature. 7)Requires that the applicant: a) Complete and pass a written test, the content, form, and manner of which shall be prescribed by DOJ. The test shall be administered by an instructor certified by DOJ who shall certify completion of the test. The test is to be taken in English or Spanish; if the person taking the test is unable to read, the test is to be done orally; and, b) Perform a safe handling demonstration encompassing both a semi-automatic pistol and a revolver, the content, form, and manner of which shall be prescribed by DOJ, as specified. The demonstration shall be performed for an instructor certified by DOJ. 8)Provides, within six months, the completed application, proof of completion 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. 9)Provides for a thumbprint taken by the chief of police or the sheriff which is to be maintained with the applicant's application. 10)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. 11)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 at the time of the application; and that the chief law enforcement officer shall stamp and endorse the original SB 52 Page C to certify his or her review and approval. 12)Provides that within one year of completing the written test and the safe handling demonstration, the applicant must personally submit the original application certified by the chief law enforcement officer to a licensed California dealer or sheriff. 13)Requires that a licensed California dealer or sheriff shall, within two business days, forward the completed application to DOJ and requires DOJ to complete an investigation to determine whether the applicant is eligible to possess a firearm, and, if the applicant qualifies, to forward a handgun safety license to the applicant via United States mail within 15 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. 14)Provides that the handgun safety license shall be issued by DOJ 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. 15)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 DOJ and with the handgun safety license course certificate. 16)Sets limits on costs to the amount DOJ finds sufficient to completely fund the costs incurred by DOJ in administering the handgun safety licensing program, not to exceed $25 per license application and allows the chief law enforcement officer to charge the applicant an administrative fee solely to fund 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 DOJ by an amount, rounded to the nearest whole dollar, by which inflation has occurred. 17)Provides that to renew a handgun safety license, the licensee must first retake the written test to be administered by an instructor certified by DOJ and requires a firearms dealer to transmit the renewal application to DOJ to conduct a background investigation within 15 days. SB 52 Page D 18)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 California. 19)Provides that the provisions of the bill 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 the provisions of this bill and different provisions of the Penal Code shall not be punished under more than one provision. 20)Exempts from the thumbprint and firearm demonstration requirements of the handgun safety license requirements the following: a) Individuals who have a valid concealed weapons permit if DOJ determines that the training completed for the permit is at a minimum equivalent to the safe handling demonstration required by the bill. b) Reserve peace officers, as defined in Penal Code Section 832.6, if DOJ determines that the training completed by the reserve peace officer is, at a minimum, equivalent to the safe handling demonstration required for the handgun safety license. c) Active and honorably retired military and military reserve personnel. d) Any person who is allowed to carry loaded firearms pursuant to Penal Code Section 12031(c) or (d), i.e., patrol special officers, animal control officers, labor police officers, guards or messengers of financial institutions, animal vehicle guards, private investigators and private patrol operators, uniformed security guards. e) Persons who are the holders of a special weapons permit issued by DOJ. f) Retired peace officers as defined in Penal Code Sections 830.1, 830.2, and 830.5(c). 21)Exempts from the handgun safety license requirement to purchase or obtain handguns the following: SB 52 Page E a) Any California or federal peace officer authorized to carry a firearm while on duty. b) Any honorably retired peace officer, as specified, who was authorized to carry a firearm on duty. c) A federally licensed collector who is acquiring or being loaned a handgun that is a curio or relic, as defined in Section 178.11 of Title 27 of the Code of Federal Regulations, who have a current certificate of eligibility issued to him or her by DOJ. d) A person to whom a handgun is being returned, where the person receiving the firearm is the owner of the firearm. e) The following persons who take title or possession of a handgun by operation of law in a representative capacity, until or unless they transfer title ownership of the handgun to themselves in a personal capacity: i) The executor or administrator of an estate. ii) A secured creditor, an agent, or employee thereof when the firearms are possessed as collateral for, or as a result of, or an agent or employee thereof when the firearms are possessed as collateral for, or as a result of, a default under a security agreement under the Commercial Code. iii) A levying officer, as defined in the Code of Civil Procedure Sections 481.140, 511.060, or 680.260. iv) A receiver performing his or her functions as a receiver. v) A trustee in bankruptcy performing his or her duties. vi) As assignee for the benefit of creditors performing his or her functions as an assignee. f) A family of a peace officer or deputy sheriff from a local agency who receives a firearm pursuant to Government Code Section 50081. SB 52 Page F 22)Makes changes to the admonition that licensed firearm dealers are required to post on their business premises in order to reflect the current provisions contained in Penal Code Section 12035. 23)Prohibits a licensed firearms dealer from delivering a handgun being purchased, transferred, or loaned without the recipient presenting a basic firearm safety certificate. 24)States that it is the intent of the Legislature to: a) Require handgun purchasers and transferees to have a basic familiarity with those firearms. b) Require a firearms safety certificate for the purchase, transfer and loan of a handgun, as specified. 25)Requires DOJ, prior to January 1, 2002 to: a) Develop the course content and instructional materials in English and Spanish for a firearm safety 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; b) Develop an instructional manual and, if deemed necessary, audiovisual materials, to be issued to a handgun safety license instructor certified by DOJ; to make the instructional manual available to firearms dealers who shall have it available to the general public; c) 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. d) 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. 26)Authorizes DOJ impose a $10 fee for the firearms safety course to fund costs and to pursue an internal loan from special fund revenues to fund the start-up costs of this Act. SB 52 Page G 27)Provides that no reimbursement will be provided to local agencies under this Act for new crimes or infractions, but allows up to $1 million in reimbursement for other costs. 28)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. 29)Makes a number of changes to law pertaining to transfers of firearms so that handgun transfers, such as those by operation of law pertaining to a bequest, require that transferees obtain a handgun safety license and adds specific restrictions and exemptions pertaining to specified loans and transfers of handguns. 30)Adds a specific provision to Penal Code 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 anyone under 21 years of age. EXISTING LAW : 1)Provides that DOJ shall permanently maintain records of handgun transactions (handgun registry). [Penal Code Section 11106(b)(1).] 2)Provides that any person who produces, promotes, sponsors, or otherwise organizes a gun show must obtain a Certificate of Eligibility from DOJ to be a "licensed gun show producer." (Penal Code Section 12021.1.) 3)Provides that "[n]o 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?." [Penal Code Section 12026(b).] 4)Provides for the issuance of a license to carry a concealable weapon in public. (Penal Code Sections 12050 - 12054.) 5)Requires a license for persons who sell firearms commercially and sets forth the requirements of that license. (Penal Code SB 52 Page H Sections 12070 and 12071.) 6)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 Sections 12072(c) and (d) and 12084.] 7)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 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 Section 12072(d) and (g)(3)(E).] 8)Requires each firearm dealer to keep a written record of each firearm transaction, and to send copies of those records to DOJ. (Penal Code Section 12073 and 12076.) 9)Requires the register of sale of a concealable handgun to contain the following information: a) Date and time of sale; b) Make, type and caliber of firearm; c) Peace officer exempt status, if applicable, and the agency name; d) Dealer waiting period exemption, if applicable; e) California firearms dealer number; f) Dangerous weapons permit holder waiting period exemption, if applicable; SB 52 Page I g) Purchaser's basic firearms safety certificate number; h) Manufacturer's name if stamped on the firearm, serial number and any identification number or mark assigned to the firearm; i) Whether the firearm is new or used; j) Barrel length and color of the firearm; aa) Full name of the purchaser; bb) Purchaser's complete date and place of birth, local address and the permanent address if local address is temporary and complete telephone number; cc) Identification of purchaser; dd) Purchaser's occupation; ee) Purchaser's gender and physical description; ff) All legal names and aliases ever used by purchaser; gg) Whether the purchaser has suffered specified criminal convictions, or has a history of specified mental health alerts; hh) Signatures of purchaser and salesperson; ii) Name, complete address and telephone number of the dealer selling the firearm; and, jj) Statement of the penalties for any person who uses a fictitious name or address, or for knowingly furnishing incorrect information, or omitting information required for the register. [Penal Code Section 12077(b).] 10)Requires a license for persons to manufacture firearms in California. (Penal Code Section 12085.) 11)Provides for DOJ to issue a permit for possession, manufacture, or transportation of machine guns. (Penal Code Section 12230.) SB 52 Page J 12)Sets forth the requirements for DOJ's 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 Sections 12081 and 12800 - 12809.) FISCAL EFFECT : Unknown COMMENTS : 1)Author's Statement: According to the author, "SB 52 will reduce crime and decrease the number of injuries and deaths from firearms by enacting a handgun safety licensing in California. After January 1, 2003, purchasers of handguns would have to obtain a handgun safety license before buying handguns. "The rationale behind SB 52 is simple: new handgun buyers should know how to use handguns before buying them. SB 52 requires purchasers of new handguns to pass basic written and safe use demonstration tests, and have a criminal background check, including a thumbprint. The concept is so deeply rooted in common sense that many Californians are shocked to discover that our state has no such requirements now. "SB 52 minimizes impact on law enforcement by only requiring peace officers to take a thumbprint from purchasers, verify purchasers' identities, and make copies of their license applications. Their increased workload will be offset by a $12 fee paid by applicants. SB 52 is supported by many law enforcement agencies, including the California Attorney General's Office, California Organization of Police and Sheriffs, the Police Chiefs Association, the Los Angeles County Sheriffs Association, the Alameda County Sheriff's Association, the San Mateo County Sheriff's Department, the Los Angeles Police Department, and many others. "The program is designed to be self-funded with license and application fees by its third year." 2)Background : Handgun owners are not required to possess licenses or to register their firearms under current California law. Penal Code Section 12026(b) provides that SB 52 Page K "[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." However, after April 1, 1994, any person seeking to purchase or receive from some other type of transfer a handgun was required to obtain a basic firearms safety certificate after taking a two- to four-hour course of instruction. In 1990, AB 497 (Connelly-Peace), Chapter 9, Statutes of 1990, provided that all transfers, loans and sales of firearms generally must be conducted through a dealer. Certain intra-familial transfers and certain loans between persons personally known to each other were exempt, under certain conditions. However, prior to AB 482 (Peace), Chapter 23, Statutes of 1994, there was no procedure in place which allowed dealers or law enforcement agencies to process loans of firearms in the same way as sales and transfers. AB 482 provided that the procedure currently in place which allowed dealers or law enforcement agencies to process loans of firearms in the same way as sales and transfers of guns. Further, individuals who possess certain assault weapons as defined in Penal Code Section 12285 must register these firearms with local law enforcement agencies. DOJ may also issue permits to any person who lawfully acquired an assault weapon before June 1, 1989 under specified conditions. 3)Gun Control in Other States : Several states require a concealed weapon permit to carry a concealed handgun. Twelve states (Connecticut, Hawaii, Illinois,<1> Iowa, Massachusetts, Michigan, Minnesota, Missouri, Nebraska, New Jersey, New York and North Carolina) and the District of Columbia (D.C.) require a permit to purchase a handgun. Three states, California, Hawaii and Michigan, require handguns to be registered. The following three states and the D.C. also require the licensing of handgun owners: a) District of Columbia : The D.C. has two sets of laws applicable to firearms. One law, passed by Congress, is part of the D.C. Code (Section 22:3201-3217) and regulates the purchase, possession and carrying of firearms. A newer -------------------------- <1> A Firearms Owner's Identification Card (FOID) is required. SB 52 Page L law, passed in 1976 by the D.C. City Council, requires all firearms to be registered, all owners to be licensed, and prohibits the sale of new handguns. That law also prohibits any person from bringing a handgun into the District or transporting a handgun through the city. b) Massachusetts : Firearms and firearm feeding devices are divided into classes. Depending on the class, a firearm identification card (FID) or Class A license or Class B license is required to possess, purchase, or carry a firearm, ammunition therefor, or firearm feeding device, or large capacity feeding device. A Class A carry license is required to possess, purchase, or carry any large capacity firearm (handgun, rifle, or shotgun), large capacity ammunition feeding devices therefor, and ammunition therefor. The license "may" be issued by the same issuing authority as for a card to a person at least 21 of age who is eligible for a card and demonstrates he or she is a "suitable person" and "has good reason to fear injury to his person or property, or for any other reason, including...sport or target practice only." Restrictions may be placed on the license. A Class B carry license is required to possess, purchase, or carry any non-large capacity handgun, feeding device, and ammunition therefor; large capacity rifle and shotgun; and feeding devices and ammunition therefor. The requirements for the license are the same as for a Class A license. Restrictions may be placed on the license. As in a Class A license, the Class B license shall be issued or denied within 40 days of application. c) New Jersey : It is unlawful to knowingly possess any handgun, including any antique handgun, without first having obtained a Permit to Carry. It is also unlawful to sell, give, transfer, assign, or otherwise dispose of, or receive, purchase, or otherwise acquire a handgun unless the purchaser, assignee, donee, receiver, or holder is licensed as a dealer under New Jersey law or has first secured a Permit to Purchase a handgun. No handgun shall be delivered to any person unless accompanied by a trigger lock or a locked case, gun box, container or other secure facility. This does not apply to antique handguns. SB 52 Page M d) New York : A license is needed to possess a handgun in one's home or place of business. Application is made to the "licensing officer" of the city or county where the applicant resides, is principally employed or where his principal place of business as a merchant or storekeeper is located. An applicant for a license to carry must be required to show, in addition to the requirement for possession, that "proper cause exists" for the issuance of such a license; for example, for target shooting, hunting, or self-defense. The license can be amended to include one or more additional or different handguns. The licensee is required to carry the license on his person at all times when carrying a handgun. Handgun licenses issued elsewhere in New York State are not valid in New York City. New York City licenses are valid throughout New York State. However, a New York State license to carry or possess will be valid in New York City in the absence of a New York City license provided that the handguns are transported by the licensee in a locked container and the trip through New York City is continuous and uninterrupted. 1)Current Number of Handgun Transfers : DOJ has indicated that in 1999, there were 224,336 handgun transfers that were added to the Automated Firearms System (AFS). There is currently a one handgun purchase per 30-day period limit in California, effective January 1, 2000. The 1999 handgun dealer of record sale (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 to determine exactly how many individual purchasers were involved since some purchasers purchased 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. Handgun DROS numbers for 1998 is 181,421; 1997 is 195,338; and 1991 is 311,154. 2)Thumbprint : This bill requires that a person seeking a firearms safety certificate have a thumbprint taken through a local law enforcement agency. However, the thumbprint is not required to be submitted with the application for a handgun safety license. Should the applicant be required to submit the original thumbprint with his or her application? SB 52 Page N 3)Comparison to AB 35 (Shelley) : As amended on June 4, 2001, both this bill and AB 35 establish a more rigorous version of the basic firearms safety certificate (including safe handling and discharge of a firearm requirements.) Each bill in prior versions sought to establish handgun licensing type programs. While this bill continues to use the term "licensing", this bill is primarily a program increasing the safe handling of handguns. 4)Recommended Technical Amendments: a) Page 19, line 3 strike (5) and insert: (6) b) Page 53, line 4 strike (1) and insert: (3) 5)Arguments in Support : According to the Children's Advocacy Institute, "[c]urrent federal and state laws do not require handgun buyers to know how to operate a handgun or its safety features and do not need to know the safety measure to take to ensure its safety before purchasing it. On the other hand, drivers are expected to pass a driving test, cosmetologists are required to have license to practice, yet handgun purchasers have no such requirement. The transfer of a gun from one party to another does not guarantee that the second party understands and knows [how] to handle a handgun. As such, handguns are often times in the hands of person who don't know how to operate them and unintentional injuries and deaths occur. Indeed, every year there are over 730 reported injuries and 252 deaths involving children in California. These are all preventable injuries and deaths that did not have to occur. A responsible licensing law would require person who are given, loaned or bequeathed a handgun to be subject to a handgun safety license." According to the League of California Cities, "?this bill would require the chief law enforcement officer to verify certain personal information including proof of California resident status and then certify the application prior to submitting it to DOJ for a final background check. The additional measures would add a level of accountability to the system that ensures individuals purchasing firearms from a licensed dealer have technical qualifications and moral character necessary to safely own and operate a firearm in the state of California." 6)Arguments in Opposition : According to the Peace Officers SB 52 Page O Research Association of California (PORAC), "PORAC, as have most of the other law enforcement organizations, have asked the Legislature to hold off on the introduction of legislation making any changes to the current gun law in order for the most recent law passed in the last two years to be implemented and evaluated for their effectiveness. "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 law in California as part of their profession." According to the National Rifle Association (NRA), "[t]he NRA is opposed to SB 52 based on its intrusive, overly burdensome, unnecessary and misdirected approach to achieving its alleged goal of improving safety. The fatal accident rate in the United States involving firearms is at its lowest level since 1903. The accident rate has declined almost 40% in the past 25 years alone and the decline in the fatal firearm accidents has occurred in a century which has seen a 400% increase in the number of firearms in the United States." 7)Related Legislation: AB 35 (Shelley) establishes a statewide handgun certificate program which requires any person who wants to buy a handgun to obtain a handgun safety certificate approved by DOJ. AB 35 is pending hearing by the Senate Committee on Public Safety. AB 1139 (Thomson) makes changes to handgun loans which involve age limits and registry requirements. AB 1139 is pending hearing by the Senate Committee on Public Safety. 8)Prior Legislation : AB 273 (Scott), of the 1999-2000 Legislative Session, failed passage on Assembly Concurrence. AB 1607 (Shelley), of the 1999-2000 Legislative Session, was held on Assembly Appropriations Committee Suspense File. AB 863 (Honda), of the 1999-2000 Legislative Session, was amended and relevant provisions were removed from the bill. SB 1275 (Hart), of the 1993-94 Legislative Session, failed passage in Senate Appropriations Committee. SBx1 1 (Hart), of the 1993-94 First Extraordinary Legislative Session, was never heard by the Senate Judiciary Committee. REGISTERED SUPPORT / OPPOSITION : SB 52 Page P Support Alameda County Sheriff's Office Alameda Police Department American Academy of Pediatrics American Association of University Women - California American College of Emergency Physicians (California Chapter) Attorney General California Organization of Police and Sheriffs California Police Chiefs Association, Inc. Children's Advocacy Institute Claremont Untied Church of Christ, Congregational Coalition to Stop Gun Violence Eureka Communities (San Diego) Gray Panthers of Sacramento Handgun Control Hispanic American Police Command Officers Association League of California Cities League of Women Voters of California Legal Community Against Violence Los Angeles City Councilmember Michael Feuer (5th District) Los Angeles Police Department Los Angeles Sheriff's Department Million Mom March (Orange County Chapter) Million Mom March (San Diego Chapter) Million Mom March (West Los Angeles Chapter) National Black Police Association National Council of Jewish Women National Organization of Black Law Enforcement Executives Orange County Citizens for the Prevention of Gun Violence Physicians for Social Responsibility Physicians for a Violence-Free Society Sheriff, County of San Mateo Temple Solel Trauma Foundation Violence Prevention Coalition of Greater Los Angeles Women Against Gun Violence Opposition Butte County Sheriff California Rifle and Pistol Association, Inc. California Sportsman's Lobby, Inc. California State Sheriffs' Association SB 52 Page Q California Shooting Sports Association County of Tuolumne Sheriff's Department National Rifle Association of America Orange County Office of the Sheriff-Coroner Outdoor Sportsmen's Coalition of California Peace Officers Research Association of California Safari Club International (California Chapters) San Bernardino County Sheriff's Department 4 private citizens Analysis Prepared by : Fredericka McGee / PUB. S. / (916) 319-3744