BILL ANALYSIS
AB 1286
Page 1
Date of Hearing: May 12, 2009
Counsel: Kathleen Ragan
ASSEMBLY COMMITTEE ON PUBLIC SAFETY
Jose Solorio, Chair
AB 1286 (Huber) - As Introduced: February 27, 2009
SUMMARY : Exempts community colleges certified by the
Commission on Peace Officer Standards and Training (POST) to
present the law enforcement academy basic course or other
Commission-certified law enforcement training from the law which
prevents any person from making an application to purchase more
than one firearm capable of being concealed upon the person
within any 30-day period.
EXISTING LAW :
1)Provides that, in establishing the standards for training,
Commission on POST shall permit the required training to be
obtained at institutions approved by Commission on POST.
[Penal Code Section 13511(a).]
2)Prohibits specified persons and corporations from knowingly
supplying, selling or giving possession or control of a
firearm to any person within specified prohibited classes.
[Penal Code Section 12072(a)(1).]
3)States that no person shall make an application to purchase
more than one pistol, revolver, or other firearm capable of
being concealed on the person within any 30-day period.
[Penal Code Section 12072(9)(A).]
4)Exempts from the prohibition relating to applying to purchase
more than one firearm, as specified, within a 30-day period,
specified persons and groups, including [Penal Code Section
12072(9)(B)(i) to (xii)]:
a) Any law enforcement agency.
b) Any agency duly authorized to perform law enforcement
duties.
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c) Any state or local correctional facility.
d) Any private security company licensed to do business in
California.
e) Any person who is properly identified as a full-time
paid peace officer, as defined, and who is authorized to,
and does carry a firearm during the course and scope of his
or her employment as a peace officer.
f) Any motion picture, television, or video production
company or entertainment or theatrical company whose
production by its nature involves the use of a firearm.
g) Any transaction conducted through a licensed firearms
dealer, as specified.
h) Any person who is licensed as a collector pursuant to
federal law and regulations and who has a current
certificate of eligibility issued to him or her by the
Department of Justice (DOJ), as specified.
i) The exchange of a pistol, revolver, or other firearm
capable of being concealed upon the person where the dealer
purchased that firearm from the person seeking the exchange
within the 30-day period immediately preceding the date of
exchange or replacement.
j) The replacement of a pistol, revolver, or other firearm
capable of being concealed upon the person when the
person's pistol, revolver, or other firearm capable of
being concealed upon the person was lost or stolen, and the
person reported that firearm lost or stolen prior to the
completion of the application to purchase to any local law
enforcement agency of the city, county, or city and county
in which he or she resides.
aa) The return of any pistol, revolver, or other firearm
capable of being concealed upon the person to its owner.
5)Prohibits the sale, supply or delivery of a pistol, revolver,
or firearm capable of being concealed upon the person to any
person under the age of 21 years or any other firearm to a
person under the age of 18 years. [Penal Code Section
12072(b).]
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6)Restricts firearms' dealers delivery of a firearm to a person
within 10 days of the application to purchase, within 10 days
of the submission of any correction to the application, within
10 days of the submission of any fee required; unless unloaded
and securely wrapped and in a locked container; to a purchaser
who does not present clear evidence of his or her identity and
age; to a person prohibited from possessing or purchasing a
firearm and the dealer is notified of this fact by DOJ.
[Penal Code Section 12072(c).]
7)Establishes numerous administrative requirements, including
obtaining a handgun safety certificate, requirements for
persons holding dealers' licenses, and obtaining a
verification number via the Internet. [Penal Code Section
12072(6).]
8)Provides that certain acts are criminal offenses, including
sales to minors, members of street gangs, and other specified
offenders. [Penal Code Section 12072(4)(g).]
FISCAL EFFECT : None
COMMENTS :
1)Author's Statement : According to the author, "California
community colleges have a long, rich and safe history of
training California peace officers and there is no
justification for including some facilities in the 30-day
exemption while excluding others. AB 1286 allows community
colleges to have an exemption from the one-gun per month
purchase limitation so they can purchase enough firearms to
instruct peace officer trainees in safe firearm usage."
2)Background : According to background information supplied by
the author, "The California Academy Directors Association
(CADA) is sponsoring this bill to address an equipment supply
problem facing peace officer training academies across the
state.
"Penal Code Section 12072 stipulates that most people and
organizations are prohibited from purchasing more than one
concealable handgun within a 30-day period.
"Currently exempt from this law are law enforcement agencies,
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state and local correctional facilities, licensed private
security companies, peace officers, licensed firearm
collectors and motion picture, television and video production
companies. The exemption does not apply to police training
academies.
"Throughout California, there are 39 peace officer training
academies that require access to numerous concealable firearms
to ensure competent handgun skill, which is required of all
peace officers. The exemption that applies to law enforcement
agencies does not include 19 of the 39 peace officer training
academies.
"According to the POST's Internet Web site, there are
POST-certified basic law enforcement training academies at
numerous institutions in California, including academies
sponsored by police departments (e.g., the Long Beach Police
Academy, the Oakland Police Department Academy and others).
There are also POST-certified academies at various colleges,
such as the Butte College Public Safety Training Center,
Fullerton College, the Rio Hondo Regional Training Center,
Fresno City College, and the Napa Valley College Criminal
Justice Training Center. This list includes 39 total
POST-certified basic law enforcement academies; 19 of these
are not apparently affiliated with established law enforcement
agencies but rather exist under the umbrella of local
colleges." (See
http://www.post.ca.gov/TrainingAcademies.asp.)
3)Arguments in Support :
a) According to American River College states that through
the Sacramento Public Safety Training Center (SRPSTC), it
has one of the premier law enforcement training facilities
within the State of California. "We take pride in training
future law enforcement personnel in the use of equipment
that is both up to date and the industry standard. Penal
Code 12072 currently restricts community colleges that have
Commission on POST approved academies from obtaining
firearms in sufficient numbers to maintain and/or upgrade
their firearms.
"At this time, the SRPTC is in the process of replacing
firearms that are outdated and beyond repair. Penal Code
Section 12072 allows for the purchase of only one firearm
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per month. At this rate, it would be several years before
the SRPSTC would be able to purchase sufficient firearms
for training our future peace officers."
b) According to the California State Sheriffs' Association
states its support for this bill, noting that this bill
extends to community colleges the authorization to purchase
firearms needed to conduct certified peace officer
training. "It is important that they be exempted from the
30-day requirement which would significantly impact their
ability to obtain firearms needed to conduct critical
training programs for peace officers."
4)Prior Legislation :
a) AB 2470 (Karnette), Chapter 676, Statutes of 2008, makes
it a misdemeanor for any person to bring a less lethal
weapon, as defined, or a stun gun, as defined, upon the
grounds of any public or private college or university
campus without the written permission of the college or
university president or chancellor, or his or her designee.
b) AB 352 (Solorio), Chapter 422, Statutes of 2008, adds
public schools and public or private colleges or
universities to the definition of "public place" where the
open display of imitation firearms is prohibited.
REGISTERED SUPPORT / OPPOSITION :
Support
California Academy Directors Association (Sponsor)
American River College
California State Sheriffs' Association
Opposition
None
Analysis Prepared by : Kathleen Ragan / PUB. S. / (916)
319-3744