BILL ANALYSIS                                                                                                                                                                                                    


          |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  


                                                                SB 950

          may have been involved in the sale or transfer of a  

           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  


                                                                SB 950

          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,  

          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  


                                                                SB 950

          dealers to provide the notice under specified  

          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  

           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  Yes    
          Local:  No

                          Fiscal Impact (in thousands)

           Major Provisions             2001-02             2002-03          
              2003-04             Fund

            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)


                                                                SB 950

          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  

          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


                                                                SB 950

          RJG:cm  9/26/01   Senate Floor Analyses 

                         SUPPORT/OPPOSITION:  SEE ABOVE

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