BILL ANALYSIS                                                                                                                                                                                                    







                      SENATE COMMITTEE ON PUBLIC SAFETY
                             Senator Mark Leno, Chair                A
                             2009-2010 Regular Session               B

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          AB 1286 (Huber)                                            6
          As Introduced February 27, 2009
          Hearing date:  June 16, 2009
          Penal Code
          SM:mc

                   FIREARMS: EXEMPTING POST-CERTIFIED ACADEMIES FROM

                        MONTHLY HANDGUN PURCHASE LIMITATIONS  


                                       HISTORY

          Source:  California Academy Directors Association

          Prior Legislation: AB 202 (Knox) - Chap. 128, Stats. 1999

          Support: California State Sheriffs' Association; American River  
                   College; Sacramento County Sheriff; San Bernardino  
                   County Sheriff; Contra Costa County Sheriff; Regional  
                   Law Enforcement Training Center and Police Academy at  
                   Rio Hondo College; Southwestern Community College Police  
                   Academy; Butte College Public Safety Training &  
                   Education Center; State Center Regional Training  
                   Facility (Fresno City College Police Academy); Yuba  
                   Community College District's Public Safety Center;  
                   Escondido Police Officer's Association, Inc.; Palomar  
                   College Police Academy

          Opposition:None known

          Assembly Floor Vote:  Ayes  77 - Noes  0





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                                                            AB 1286 (Huber)
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                                         KEY ISSUE
           
          SHOULD COMMUNITY COLLEGES CERTIFIED BY THE COMMISSION ON PEACE  
          OFFICER STANDARDS AND TRAINING (POST), AS SPECIFIED, BE EXEMPTED  
          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?  


                                       PURPOSE

          The purpose of this bill is to exempt community colleges that  
          are 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  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  13511(a).)

           Existing law  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  12072(a)(1).)

           Existing law  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  12072(a)(9)(A).)

           Existing law  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:

                 any law enforcement agency;




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                                                            AB 1286 (Huber)
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                 any agency duly authorized to perform law enforcement  
               duties;

                 any state or local correctional facility;

                 any private security company licensed to do business in  
               California;

                 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;

                 any motion picture, television, or video production  
               company or entertainment or theatrical company whose  
               production by its nature involves the use of a firearm;

                 any transaction conducted through a licensed firearms  
               dealer, as specified; 

                 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;

                 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;

                 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; and




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                 the return of any pistol, revolver, or other firearm  
               capable of being concealed upon the person to its owner.   
               (Penal Code  12072(a)(9)(B)(i) to (xii).)
           
          Existing law  provides that no handgun shall be delivered  
          whenever the dealer is notified by the Department of Justice  
          that within the preceding 30-day period the purchaser has made  
          another application to purchase a handgun, as specified.  (Penal  
          Code  12072(c)(6).)
           
          Existing law 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  12072(b).)

           Existing law  establishes numerous administrative requirements  
          with respect to the sales of handguns, including obtaining a  
          handgun safety certificate, requirements for persons holding  
          dealers' licenses, and obtaining a verification number via the  
          Internet.  (Penal Code  12072.)

           This bill  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.  

                    RECEIVERSHIP/OVERCROWDING CRISIS AGGRAVATION
          
          California continues to face a severe prison overcrowding  
          crisis.  The Department of Corrections and Rehabilitation (CDCR)  
          currently has about 170,000 inmates under its jurisdiction.  Due  
          to a lack of traditional housing space available, the department  
          houses roughly 15,000 inmates in gyms and dayrooms.   
          California's prison population has increased by 125% (an average  
          of 4% annually) over the past 20 years, growing from 76,000  
          inmates to 171,000 inmates, far outpacing the state's population  




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          growth rate for the age cohort with the highest risk of  
          incarceration.<1>

          In December of 2006 plaintiffs in two federal lawsuits against  
          CDCR sought a court-ordered limit on the prison population  
          pursuant to the federal Prison Litigation Reform Act.  On  
          February 9, 2009, the three-judge federal court panel issued a  
          tentative ruling that included the following conclusions with  
          respect to overcrowding:

               No party contests that California's prisons are  
               overcrowded, however measured, and whether considered  
               in comparison to prisons in other states or jails  
               within this state.  There are simply too many  
               prisoners for the existing capacity.  The Governor,  
               the principal defendant, declared a state of emergency  
               in 2006 because of the "severe overcrowding" in  
               California's prisons, which has caused "substantial  
               risk to the health and safety of the men and women who  
               work inside these prisons and the inmates housed in  
               them."  . . .  A state appellate court upheld the  
               Governor's proclamation, holding that the evidence  
               supported the existence of conditions of "extreme  
               peril to the safety of persons and property."  
               (citation omitted)  The Governor's declaration of the  
               state of emergency remains in effect to this day.

               . . .  the evidence is compelling that there is no  
               relief other than a prisoner release order that will  
               remedy the unconstitutional prison conditions.

               . . .

               ----------------------
          <1>  "Between 1987 and 2007, California's population of ages 15  
          through 44 - the age cohort with the highest risk for  
          incarceration - grew by an average of less than 1% annually,  
          which is a pace much slower than the growth in prison  
          admissions."  (2009-2010 Budget Analysis Series, Judicial and  
          Criminal Justice, Legislative Analyst's Office (January 30,  
          2009).)



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               Although the evidence may be less than perfectly  
               clear, it appears to the Court that in order to  
               alleviate the constitutional violations California's  
               inmate population must be reduced to at most 120% to  
               145% of design capacity, with some institutions or  
               clinical programs at or below 100%.  We caution the  
               parties, however, that these are not firm figures and  
               that the Court reserves the right - until its final  
               ruling - to determine that a higher or lower figure is  
               appropriate in general or in particular types of  
               facilities.

               . . .

               Under the PLRA, any prisoner release order that we  
               issue will be narrowly drawn, extend no further than  
               necessary to correct the violation of constitutional  
               rights, and be the least intrusive means necessary to  
               correct the violation of those rights.  For this  
               reason, it is our present intention to adopt an order  
               requiring the State to develop a plan to reduce the  
               prison population to 120% or 145% of the prison's  
               design capacity (or somewhere in between) within a  
               period of two or three years.<2>

          The final outcome of the panel's tentative decision, as well as  
          any appeal that may be in response to the panel's final  
          decision, is unknown at the time of this writing.










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          ---------------------------
          <2>  Three Judge Court Tentative Ruling, Coleman v.  
          Schwarzenegger, Plata v. Schwarzenegger, in the United States  
          District Courts for the Eastern District of California and the  
          Northern District of California United States District Court  
          composed of three judges pursuant to Section 2284, Title 28  
          United States Code (Feb. 9, 2009).









           This bill  does not appear to aggravate the prison overcrowding  
          crisis outlined above.

                                      COMMENTS

          1.  Need for This Bill 

          According to the author:

               Penal Code 12072 stipulates that most people and  
               organizations are prohibited from purchasing more than  
               one concealable handgun within a thirty day period.

               Currently exempted from this law are law enforcement  
               agencies, 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  
               organizations does not include 19 of the 39 peace  
               officer training academies.

               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-a-month purchase limitation so they  
               can purchase enough firearms to instruct peace officer  
               trainees in safe firearm usage.




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          2.  Correcting an Oversight  

          In 1999, California, following the example of Virginia, imposed  
          a one-per-month limit on handgun purchases.  The analysis of the  
          Senate Public Safety Committee at that time indicates that the  
          author's purpose was to:

               . . . curtail the illegal gun market, disarm  
               criminals, and save lives by preventing multiple  
               purchases of handguns through legitimate channels.   
               Preventing multiple purchases takes the profit out of  
               black market sales and puts gun traffickers and straw  
               purchasers out of business.  (Senate Public Safety  
               Committee analysis of AB 202 (Knox), Chap. 128, Stats  
               1999.)

          At the same time the limit was imposed, several exceptions  
          were created, including transactions conducted by:

                 any law enforcement agency; 
                 any agency duly authorized to perform law  
               enforcement duties; 
                 any state or local correctional facility; 
                 any private security company licensed to do  
               business in California; 
                 any person who is properly identified as a  
               full-time paid peace officer, as defined, as  
               specified; and 
                 any transaction conducted through a law enforcement  
               agency, as specified. 

          According to information provided to the Committee by POST, it  
          certifies 40 law enforcement academies statewide.  Of these,  
          there are two types of academies: those run by a specific law  
          enforcement agency, such as CHP or LAPD.  A person who wants to  
          work for one of those agencies must attend the academy run by  
          that agency.  Those agencies, because they are an extension of a  
          law enforcement agency, are exempted from the one  
          handgun-per-month limit.  However, POST also certifies  












                                                            AB 1286 (Huber)
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          college-affiliated academies.  These academies serve regional  
          areas that usually contain smaller law enforcement jurisdictions  
          that cannot support their own academy because they don't hire at  
          the level larger agencies do.  Napa Valley College Academy, for  
          example, serves Vacaville, Fairfield, Napa and surrounding areas  
          collecting small numbers of recruits from each local area until  
          they have enough for a full class (usually 25-100 recruits).   
          Thus, their classes are filled with recruits training to work  
          for multiple agencies.

          Due to an oversight, these college-affiliated academies are not  
          exempt from the one-per-month limit on handgun purchases.  This  
          restricts their ability to purchase a quantity of firearms in  
          anticipation of a full class.

          AB 1286 will exempt these college-affiliated academies from the  
          one-per-month limit and this exemption will apply only to POST  
          certified academies.  This exemption appears to be consistent  
          with the original intent of the legislation which created the  
          one-per-month limitation.

          SHOULD THESE POST-CERTIFIED, COLLEGE-AFFILIATED ACADEMIES  
          BE EXEMPT FROM THE ONE HANDGUN-PER-MONTH PURCHASE  
          RESTRICTION?


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