BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 1471
                                                                  Page  1

          Date of Hearing:   May 16, 2007

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                  Mark Leno, Chair

                    AB 1471 (Feuer) - As Amended:  April 10, 2007 

          Policy Committee:                              Public  
          SafetyVote:  5-2

          Urgency:     No                   State Mandated Local Program:  
          Yes    Reimbursable:              No
            
          SUMMARY 
          
          This bill requires, effective January 1, 2010, all semiautomatic  
          pistols not already designated as safe handguns, pursuant to the  
          Department of Justice's (DOJ) registry, to be equipped with  
          microscopic characters, identifying the make, model, and serial  
          number of the pistol, imprinted in two or more places, onto the  
          interior surface or internal working parts of the pistol, which  
          are transferred by imprinting on each cartridge case when the  
          gun is fired. 

           FISCAL EFFECT
           
          Unknown, likely minor, nonreimbursable local law enforcement  
          costs for increased county jail commitments for misdemeanor  
          possession or sale of unsafe handguns, the category of which  
          would expand pursuant to this bill. 

           COMMENTS

          1)Rationale  . Microstamping uses lasers to make precise  
            microscopic engravings on the firing pin and the interior  
            surfaces of the firing chamber of a gun. Those markings, which  
            include the make, model and serial number of the gun, are  
            imprinted on the cartridge case when the gun is fired.  
            Examining a spent cartridge case can identify the  
            microstampings of the gun that fired the round. 

            According to the author, "This bill is about catching  
            criminals. This bill will allow law enforcement to positively  
            link used cartridge casings recovered at crime scenes to the  
            crime gun. This bill will: (a) help law enforcement solve  








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            handgun crimes; (b) help reduce gang violence; and, (c) help  
            reduce gun trafficking of new semi-automatic handguns." 

           2)Proponents  , including the Brady Campaign to Stop Gun Violence  
            and a number of police chiefs contend microstamping provides  
            an opportunity for assisting law enforcement in solving gun  
            crimes. With microstamping, state and local law enforcement  
            agencies need not maintain computer equipment or databases.  
            Cartridge cases recovered at crime scenes can lead  
            investigators to the guns that fired them via existing  
            systems. 

            According to the Brady Campaign, "Micro-stamping will not  
            impose a new cost on the state of California as no new  
            database or procedures are required. California already has a  
            system for tracking guns and their owners. At the scene of a  
            crime, law enforcement will simply check the existing  
            database. Buyers of micro-stamping handguns will notice no  
            change in the purchasing process as no new permitting or  
            information is needed. Existing handguns and existing handgun  
            owners will not be impacted by this bill since the law only  
            applies to new handguns. 

           3)Opponents  , generally gun-related groups, contend criminals  
            could circumvent microstamping by defacing the microstamp,  
            tossing dummy shell casings at a crime scene, or simply by  
            using a revolver that does not eject a shell casing.  

          4)Current law  requires that manufacturing, selling, furnishing  
            or possessing an unsafe handgun is a misdemeanor, punishable  
            by up to one year in the county jail. An unsafe handgun is  
            defined as any handgun that lacks specified safety mechanisms.  


            DOJ maintains a registry of all safe handguns sold by a  
            licensed dealer in California including, but not limited to,  
            the buyer's name, address and other identifying information,  
            including serial number. 

           5)Prior Legislation  . AB 352 (Koretz), 2005-06, was similar to AB  
            1471. AB 352 passed the Assembly and the Senate, with 41 and  
            22 votes respectively, and failed on concurrence in the  
            Assembly. 

            








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           Analysis Prepared by  :    Geoff Long / APPR. / (916) 319-2081