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  ****