BILL ANALYSIS
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|SENATE RULES COMMITTEE | SB 52|
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UNFINISHED BUSINESS
Bill No: SB 52
Author: Scott (D), et al
Amended: 9/10/01
Vote: 21
SENATE PUBLIC SAFETY COMMITTEE : 4-1, 4/17/01
AYES: McPherson, Burton, Polanco, Sher
NOES: Margett
SENATE APPROPRIATIONS COMMITTEE : 8-3, 5/31/01
AYES: Alpert, Bowen, Escutia, Karnette, McPherson, Murray,
Perata, Speier
NOES: Battin, Johannessen, Poochigian
SENATE FLOOR : 25-15, 6/6/01
AYES: Alarcon, Alpert, Bowen, Burton, Chesbro, Dunn,
Escutia, Figueroa, Karnette, Kuehl, McPherson, Murray,
O'Connell, Ortiz, Peace, Perata, Polanco, Romero, Scott,
Sher, Soto, Speier, Torlakson, Vasconcellos, Vincent
NOES: Ackerman, Battin, Brulte, Costa, Haynes, Johannessen,
Johnson, Knight, Machado, Margett, McClintock, Monteith,
Morrow, Oller, Poochigian
ASSEMBLY FLOOR : 41-31, 9/12/01
SUBJECT : Handgun safety certificate
SOURCE : California Organization of Police and Sheriffs
Handgun Control
Million Mom March
CONTINUED
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DIGEST : This bill, effective January 1, 2003, 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.
Assembly Amendments make this bill identical to AB 35
(Shelley) that passed the Senate 22-12 on 9/12/01 and (1)
reduces age for an individual to receive handgun safety
license from 21 years of age to 18 years of age; (1)
provides penalties for violation; (3) establishes the
Firearms Safety and Enforcement Special Fund and provides
for guidelines for handling of funds; (4) double joints
this bill with AB 35 (Shelley), AB 22 (Lowenthal), SB 950
(Brulte); and (5) makes minimum technical/clarifying
changes.
ANALYSIS : Existing law generally requires that 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 sheriffs
department in counties of less than 200,000 population. A
10-day waiting period, background check and handgun safety
certificate for handgun transfers are required prior to
delivery of the firearm. In order to obtain a certificate,
the person must complete a course or pass a written test.
(For a detailed discussion of current law, see Senate
Public Safety Committee analysis.)
Repeals the Basic Firearms Safety and Certificate (BFSC)
program administered by the Department of Justice (DOJ) and
replaces it with a handgun safety certificate (HSC)
program. Specifically, this bill:
1. Specifies that, effective Jan. 1, 2003, no person may
purchase, receive, transfer, or sell a handgun, without
a valid HSC issued by DOJ pursuant to this bill.
2. Conforms the required signage at firearm dealer
locations to reflect existing law.
3. Requires the person receiving the gun to present
documentation of California residency, and requires a
purchaser to provide a thumbprint on the record of sale.
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4. Requires the purchaser's name, date of birth, California
driver's license or identification, to be obtained from
the magnetic strip of the purchaser's driver's license
or identification.
5. Prohibits issuance of an HSC to any person under the age
of 21, or to any person included in any of the classes
of persons prohibited from possessing a gun.
6. Requires an applicant for an HSC to:
A. Complete and pass a written test (a passing grade
is 75%), including safe handling and storage, use of
force, and injury prevention strategies, as developed
by DOJ. The test must be administered by an
instructor certified by the DOJ and offered in English
or Spanish. If the person taking the test is unable
to read, the test may be taken orally;
B. Perform a safe handling demonstration, as specified
(not including a shooting or proficiency test) for an
instructor certified by DOJ, as specified.
1. Provides that it is a misdemeanor to receive a handgun
without a valid HSC.
2. Authorizes a certified instructor to charge of fee of up
to $35; of that amount, $15 is to be forwarded to DOJ
for enforcement of this act.
3. Specifies that the HSC expires in five years. An
applicant for renewal must again pass the written test.
A certified instructor may charge up to $25 for a
renewal; of that amount, $15 is to be forwarded to DOJ
for enforcement of this act.
4. Authorizes DOJ to assess a fee of up to $115 for costs
associated with maintaining the certificate list and
inspection of dealer businesses.
5. Authorizes DOJ to require gun dealers to charge each
person who obtains a handgun a fee of up to $5 for each
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transaction. Revenues from this fee would be deposited
in the Firearms Safety and Enforcement Special Fund,
created by this bill, administered by DOJ, and
continuously appropriated to implement and enforce the
provisions of this measure.
6. Requires DOJ to:
A. Develop an HSC to be issued by DOJ-certified
instructors; b) Develop the course content and
instructional materials in English and Spanish for the
HSC course and update materials every five years;
B. Develop an instructional manual and audiovisual
materials for HSC instructors certified by DOJ, and
make the instructional manual available to gun dealers
who must make it available to the public;
C. Prescribe a minimum level of skill, knowledge, and
competency for all HSC instructors, and develop and
provide guidelines to be used to certify instructors;
and,
D. Solicit input in the development of the HSC course
from reputable associations or organizations that
promote gun safety.
1. Specifies the usual array of exemptions for law
enforcement, military, collectors, museums, short-term
loans, antiques, props, dealer to dealer transactions,
etc.
2. Provides contingent enactment with AB 35 (Shelley),
currently pending before the Senate Appropriations
Committee, and includes double-joining language if both
measures are enacted.
3. Create express procedures whereby museums, non-profit
historical societies, institutional collections and
wholesalers may acquire deactivated or inoperable
firearms from any person other than a law enforcement
agency.
4. Double-join this bill with AB 22 (Lowenthal), currently
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on the Senate Third Reading File, and SB 950 (Brulte),
currently on the Assembly Third Reading File
Prior legislation :
AB 273 (Scott) passed the Senate 22-15, 8/28/00, no vote
taken on Assembly concurrence.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: Yes
According to the Assembly Appropriations Committee
analysis, one-time costs of about $550,000 to DOJ,
primarily to develop an instructional manual and video,
regulations, a written test and related materials. DOJ
officials anticipate these costs would be covered by the $5
transaction fee within the fiscal year. Annual costs,
beginning in 2002-03, in the range of $1.5 million, for
magnetic strip equipment and service, covered by the
transaction fee. Annual DOJ enforcement costs of about
$500,000, covered by the transaction fee. Minor
nonreimbursable local incarceration costs, to the extent
persons are convicted of the misdemeanor offense of
falsifying an HSC. (Similar forgery offenses are already
alternate felony/misdemeanors under current law.)
SUPPORT : (Verified 5/31/01) (Unable to verify at time of
this writing)
California Organization of Police and Sheriffs (co-sponsor)
Handgun Control (co-sponsor)
Million Mom March (co-sponsor)
California State Department of Justice/Attorney General's
Office
California Police Chiefs Association
Los Angeles County Sheriff's Department
Alameda County Sheriff's Department
Los Gatos Police Department
Los Angeles Police Department
Alameda Police Department
Hispanic American Police Command Officers Association
National Organization of Black Law Enforcement (NOBLE)
National Black Police Association (NBPA)
American Academy of Pediatrics
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American College of Emergency Physicians
Coalition to Stop Gun Violence
Legal Community Against Gun Violence
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
Claremont United Church of Christ, Congregational
Physicians for a Violence-Free Society
Physicians for Social Responsibility
American Association of University Women
Los Angeles City Councilman Michael Feuer
National Council of Jewish Women
League of Women Voters of California
Temple Solel (Encinitas, CA)
Eureka Communities, San Diego
Peace Officers Research Association of California (PORAC)
Numerous individuals
OPPOSITION : (Verified 5/31/01)
Safari Club International
California Shooting Sports Association
Outdoor Sportsmen's Coalition of California
The California Sportsman's Lobby
Orange County Sheriff's Department
California State Sheriff's Association
Butte County Sheriff
National Rifle Association
San Bernardino County Sheriff's Department
California Rifle and Pistol Association
ARGUMENTS IN SUPPORT : 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
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not be familiar with current laws which dictate how
handguns can legally be possessed, transported, loaned, and
transferred.
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 to
first obtain a handgun safety license. In order to obtain
a license, individuals could go to any police department or
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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.
ARGUMENTS IN OPPOSITION : 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
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who commit them.
RJG:jk 9/12/01 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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