BILL ANALYSIS ------------------------------------------------------------ |SENATE RULES COMMITTEE | AB 1286| |Office of Senate Floor Analyses | | |1020 N Street, Suite 524 | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ------------------------------------------------------------ THIRD READING Bill No: AB 1286 Author: Huber (D) Amended: As introduced Vote: 21 SENATE PUBLIC SAFETY COMMITTEE : 6-0, 6/16/09 AYES: Leno, Benoit, Cedillo, Hancock, Huff, Steinberg NO VOTE RECORDED: Wright ASSEMBLY FLOOR : 77-0, 5/21/09 (Consent) - See last page for vote SUBJECT : Firearms: exempting post-certified academies from monthly handgun purchase limitations SOURCE : California Academy Directors Association DIGEST : This bill exempts community colleges that are certified by the Commission on Peace Officer Standards and Training 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. ANALYSIS : Existing law provides that, in establishing the standards for training, the Commission on Peace Officer Standards and Training (Commission) shall permit the required training to be obtained at institutions approved CONTINUED AB 1286 Page 2 by the Commission. (Penal Code Section 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 Section 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 Section 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: 1.Any law enforcement agency. 2.Any agency duly authorized to perform law enforcement duties. 3.Any state or local correctional facility. 4.Any private security company licensed to do business in California. 5. 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. 6.Any motion picture, television, or video production company or entertainment or theatrical company whose production by is nature involves the use of a firearm. 7.Any transaction conducted through a licensed firearms dealer, as specified. 8.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. AB 1286 Page 3 9.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. 10.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. 11.The return of any pistol, revolver, or other firearm capable of being concealed upon the person to its owner. (Penal Code Section 12072(a)(9)(B)(i) to (xii).) Existing law provides that no handgun shall be delivered whenever the dealer is notified by DOJ that within the preceding 30-day period the purchaser has made another application to purchase a handgun, as specified. (Penal Code Section 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 age 21 years or any other firearm to a person under the age of 18 years. (Penal Code Section 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 Section 12072.) This bill exempts community colleges certified the Commission 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 AB 1286 Page 4 being concealed upon the person within any 30-day period. Correcting an Oversight In 199, 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 purchases out of business." (Senate Public Safety Committee analysis of AB 202 (Knox), Chapter 128, Statutes of 1999. At the same time the limit was imposed, several exceptions were created, including transactions conducted by: 1.Any law enforcement agency. 2.Any agency duly authorized to perform law enforcement duties. 3.Any state or local correctional facility. 4.Any private security company licensed to do business in California. 5.Any person who is properly identified as a full-time paid peace officer, as defined, as specified. 6.Any transaction conducted through a law enforcement agency, as specified. According to the information provided to the Senate Public Safety Committee by the Commission, 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 the Department of the California Highway Patrol or the Los Angeles Police Department. A person who wants to work for one of those AB 1286 Page 5 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, the Commission also certifies 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. This bill exempts those college-affiliated academies from the one-per-month limit and this exemption will apply only to Commission certified academies. This exemption appears to be consistent with the original intent of the legislation which created the one-per-month limitation. FISCAL EFFECT : Appropriation: No Fiscal Com.: No Local: No SUPPORT : (Verified 6/17/09) California Academy Directors Association (source) American River College Butte College Public Safety Training and Education Center California State Sheriffs' Association Contra Costa County Sheriff Escondido Police Officers' Association Palomar College Police Academy Regional Law Enforcement Training Center and Police Academy at Rio Hondo College Sacramento County Sheriff San Bernardino County Sheriff Southwestern Community College Police Academy State Center Regional Training Center (Fresno City College AB 1286 Page 6 Police Academy) Yuba Community College District's Public Safety Center ARGUMENTS IN SUPPORT : According to the author's office, "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." ASSEMBLY FLOOR : AYES: Adams, Ammiano, Anderson, Arambula, Beall, Bill Berryhill, Tom Berryhill, Blakeslee, Block, Blumenfield, Brownley, Buchanan, Caballero, Charles Calderon, Carter, Chesbro, Conway, Cook, Coto, Davis, De La Torre, De Leon, DeVore, Duvall, Emmerson, Eng, Evans, Feuer, Fletcher, Fong, Fuller, Furutani, Gaines, Galgiani, Garrick, Gilmore, Hagman, Hall, Harkey, Hayashi, Hernandez, Hill, Huber, Huffman, Jeffries, Jones, Knight, Krekorian, Lieu, Logue, Bonnie Lowenthal, Ma, Mendoza, Miller, Monning, Nestande, Niello, Nielsen, John A. Perez, V. Manuel AB 1286 Page 7 Perez, Portantino, Price, Ruskin, Salas, Silva, Skinner, Smyth, Solorio, Audra Strickland, Swanson, Torlakson, Torres, Torrico, Tran, Villines, Yamada, Bass NO VOTE RECORDED: Fuentes, Nava, Saldana RJG:cm 6/17/09 Senate Floor Analyses SUPPORT/OPPOSITION: SEE ABOVE **** END ****