BILL ANALYSIS SENATE COMMITTEE ON PUBLIC SAFETY Senator Mark Leno, Chair A 2009-2010 Regular Session B 1 2 8 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 (More) AB 1286 (Huber) PageB 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; (More) AB 1286 (Huber) PageC 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 (More) AB 1286 (Huber) PageD 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 (More) AB 1286 (Huber) PageE 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).) (More) AB 1286 (Huber) PageF 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. (More) --------------------------- <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. (More) AB 1286 (Huber) PageH 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) PageI 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? ***************