BILL ANALYSIS
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|SENATE RULES COMMITTEE | SB 950|
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UNFINISHED BUSINESS
Bill No: SB 950
Author: Brulte (R), et al
Amended: 9/10/01
Vote: 21
SENATE PUBLIC SAFETY COMMITTEE : 5-0, 4/24/01
AYES: McPherson, Margett, Polanco, Sher, Vasconcellos
SENATE APPROPRIATIONS COMMITTEE : 10-0, 6/7/01
AYES: Alpert, Battin, Bowen, Johannessen, Johnson,
Karnette, McPherson, Murray, Perata, Speier
SENATE FLOOR : 39-0, 6/7/01
AYES: Ackerman, Alarcon, Alpert, Battin, Bowen, Brulte,
Burton, Chesbro, Dunn, Escutia, Figueroa, Haynes,
Johannessen, Johnson, Karnette, Knight, Kuehl, Machado,
Margett, McClintock, McPherson, Monteith, Morrow, Murray,
O'Connell, Oller, Ortiz, Peace, Perata, Polanco,
Poochigian, Romero, Scott, Sher, Soto, Speier, Torlakson,
Vasconcellos, Vincent
ASSEMBLY FLOOR : 75-0, 9/12/01 - See last page for vote
SUBJECT : Firearms data base: cross referencing
SOURCE : Attorney General
DIGEST : This bill establishes, on or about July 1, 2002,
the Prohibited Armed Persons File to assist law
enforcement agencies and investigate persons who are
legally prohibited from owning or possessing a firearm who
CONTINUED
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may have been involved in the sale or transfer of a
firearm.
Assembly Amendments
1.Add chaptering amendments to avoid chaptering out SB 52
(Scott), AB 35 (Shelley), AB 22 (Lowenthal), SB 9 (Soto),
and SB 294 (Scott).
2.Provide that the Armed Prohibited Persons Act goes into
effect on July 1, 2003.
3.Condition implementation of the Armed Prohibited Person's
File upon an appropriation in the 2002-03 Budget Act to
the State Department of Justice for this purpose.
4.Mandate that the State Department of Justice prepare a
report and make statutory recommendations to the
Legislature on or before June 1, 2003.
5.Correct an incorrect cross-reference as to prohibitions
on firearms possession.
6.Provide a procedure for the return of seized firearms
where existing procedures are not applicable.
7.Add Senator Peace as a co-author.
ANALYSIS : Existing law establishes various automated
information systems in regard to the transfer and
possession of firearms, and persons who are prohibited from
owning or possessing firearms.
This bill, contingent upon an appropriation in the 2001-02
Budget Act to the State Department of Justice for this
purpose, establishes the Prohibited Armed Persons File, a
data base that cross-references information for persons
relative to the purchase and possession of firearms on or
after January 1, 191, and information indicating those
persons who have subsequently been prohibited from owning
or possessing firearms, as specified.
This bill requires the State Department of Justice (DOJ) to
determine if any person listed in the "Automated Criminal
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History System" as prohibited from owning a firearm is also
listed in the "Automated Firearms Systems" indicating
possession or ownership of a firearm on or after January 1,
1991.
This bill provides that, where DOJ enters the name of a
person prohibited from owning a firearm into any automated
information system, the "department shall determine if the
subject has an entry in the Automated Firearms System
indicating ownership or possession of a firearm on or after
January 1, 1991, or an assault weapon registration."
This bill provides that, where DOJ finds that a person in a
prohibited class has been involved in the transfer of a
firearm or the registration of an assault weapon, DOJ shall
enter the following information about the person in the
Prohibited Armed Persons File:
1.Name, date of birth, physical description, other
necessary identifying information.
2.Basis of any firearm restriction.
3.Description of any firearms owned by the person.
According to DOJ, SB 950 will work as follows:
1.After the entry into the Automated Criminal History
System of a disposition for an offense which makes a
person prohibited to possess a firearm, the DOJ will
check this information against the Automated Firearms
System (indicates possession on or after 1/1/91).
2.If there is a "hit," then the name, birthday, physical
description and any other necessary information about
that person will be entered into the Prohibited Armed
Persons File.
3.This file is then supplied to law enforcement agencies.
Existing law requires the court, at the time judgment is
imposed, to provide to the defendant, on a form supplied by
the State Department of Justice, a notice regarding that
firearm prohibition. The bill also requires firearms
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dealers to provide the notice under specified
circumstances.
This bill declares findings by the Legislature relative to
a procedure for disposal of firearms by persons who have
become ineligible to possess firearms. The bill also
directs the Attorney General to report to the Legislature,
no later than June 1, 2002, recommendations for that
procedure, including:
1.Recommending a clear and succinct general procedure on
how persons who legally acquire firearms and who
subsequently fall within a class of persons who are
prohibited from possessing firearms shall dispose of the
firearm and thereby avoid criminal liability for
possession or disposing of the firearm.
2.Recommending specific changes in language and references
to code sections, and conforming changes to code
sections, in state firearms statutes that are needed to
establish recommended procedures.
This bill is double-jointed with SB 9 (Soto), SB 294
(Scott), AB 22 (Lowenthal), AB 35 (Shelley), and SB 52
(Scott).
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
Fiscal Impact (in thousands)
Major Provisions 2001-02 2002-03
2003-04 Fund
DOJ
Data processing $2,403* $1,858
$ 371 General
Firearms Div. --- $2,100
$4,300 General
SUPPORT : (Verified 6/5/01) (Unable to reverify at time
of writing)
Attorney General (source)
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California District Attorneys Association
National Rifle Association
Hand Gun Center, Inc.
California Sportsman's Lobby
California State Sheriffs' Association
Peace Officers Research Association of California
ARGUMENTS IN SUPPORT : The Attorney General is sponsoring
the bill in the wake of the mass slaying in February 2000
at Navistar's International Truck and Engine Plant in
Melrose Place, Illinois. In that case, the murderer was a
twice-convicted felon who had previously, before his
convictions, purchased firearms. Thus, even though he was
prohibited and in possession of firearms, there was no way
for law enforcement to find out and he was left to commit
murder.
This bill will provide a way for law enforcement to find
out which proven felons are still possessing weapons. The
bill was brought to the A.G. at the urging of law
enforcement agencies in the state and it will provide them
with a tool that will disarm these proven law-breakers
before they can break the law again. If the state is going
to find that some people are too dangerous to possess a
gun, then we should make it as easy as possible for law
enforcement to ensure that these laws are enforced.
ASSEMBLY FLOOR :
AYES: Aanestad, Alquist, Aroner, Ashburn, Bates, Bogh,
Briggs, Calderon, Bill Campbell, John Campbell,
Canciamilla, Cardenas, Cardoza, Chan, Chavez, Chu,
Cogdill, Cohn, Corbett, Correa, Cox, Daucher, Diaz,
Dickerson, Dutra, Firebaugh, Florez, Frommer, Goldberg,
Harman, Havice, Horton, Jackson, Keeley, Kehoe, Kelley,
Koretz, Leach, Leonard, Leslie, Liu, Longville,
Lowenthal, Maddox, Maldonado, Matthews, Migden, Mountjoy,
Nakano, Nation, Negrete McLeod, Oropeza, Robert Pacheco,
Rod Pacheco, Pavley, Reyes, Richman, Runner, Salinas,
Shelley, Simitian, Steinberg, Strickland, Strom-Martin,
Thomson, Vargas, Washington, Wayne, Wesson, Wiggins,
Wright, Wyland, Wyman, Zettel, Hertzberg
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RJG:cm 9/26/01 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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