BILL ANALYSIS
AB 1810
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Date of Hearing: April 13, 2010
Counsel: Gabriel Caswell
ASSEMBLY COMMITTEE ON PUBLIC SAFETY
Tom Ammiano, Chair
AB 1810 (Feuer) - As Amended: April 5, 2010
SUMMARY : Applies the same regulations relating to the reporting
and retention of records for handguns to long guns, as
specified. Specifically, this bill:
1)Conforms reporting and record retention provisions in order
that transfers and information reporting and retention
requirements for handguns and firearms other than handguns are
the same.
2)Deletes the prohibition on peace officers, Department of
Justice (DOJ) employees, and the Attorney General (AG) from
retaining or compiling certain information relating to
transactions regarding firearms that are not handguns, as
specified. A violation of these provisions under current law
is a misdemeanor. The deletion of this misdemeanor
prohibition takes effect on July 1, 2012.
3)Expands the requirement for a personal handgun importer to
report certain information relative to bringing a handgun into
the state, as specified. A violation of these provisions is a
misdemeanor. On July 1, 2012, "personal handgun importer"
shall be redefined as a "personal firearm importer," as
defined, and expands the reporting requirements to apply to
the importation of firearms that are not handguns.
4)Deletes a provision under existing law wherein DOJ requires
firearms dealers to keep a register or record of electronic or
telephonic transfers of information pertaining to firearms
transactions, as specified. Existing law exempts from these
requirements certain transactions involving firearms that are
not handguns. The deletion of this provision occurs on July
1, 2012.
5)Makes conforming changes to the code to reference "firearms"
in lieu of "handguns,"
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EXISTING LAW :
1)Provides that no person shall sell, lease, or transfer
firearms unless (s)he has been issued a state firearms
dealer's license. A violation is a misdemeanor (punishable by
up to one year in county jail). (Penal Code Section 12070.)
2)Provides for specified exemptions including commercial
transactions among licensed wholesalers, importers, and
manufacturers. (Penal Code Section 12070.)
3)States that handguns are centrally registered with DOJ as part
of this process. A violation of these handgun provisions is
an alternate felony/misdemeanor punishable, by up to one year
in the county jail or by imprisonment in the state prison for
16 months, two or three years. The alternate
felony/misdemeanor provisions that are treated as felonies are
offenses which presumptively mandate a state prison sentence.
[Penal Code Sections 1203(e)(13), 11106, and 12072(c) and
(d).]
4)Allows DOJ to charge the dealer for a number of costs such as
a DROS. (Penal Code Section 12076.)
5)Exempts from the requirement (that sales, loans and transfers
of firearms be conducted through a dealer or local law
enforcement agency) transactions with authorized peace
officers, certain operation of law transactions, and
intra-familial firearms transactions. However, all these
exempt transactions are subject to handgun registration as a
condition of the exemption. (Penal Code Section 12078.)
6)Provides that, on request, DOJ will register transactions
relating to handguns [indeed all firearms] in the Automated
Firearm System (AFS) Unit for persons who are exempt from
dealer processing, or are otherwise exempt by statute from
reporting processes. [Penal Code Section 12078(l).]
7)Requires California residents who are federally licensed curio
and relic firearms collectors who lawfully acquire a curio or
relic handgun outside this state to report the acquisition of
that firearm to the DOJ. [Penal Code Section 12072(f)(3).]
8)Requires a person moving into California (with a handgun
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acquired outside of California) who did not receive the gun
from a California licensed gun dealer, to register the gun
with the DOJ by mailing a form. [Penal Code Section
12072(f)(2).]
9)Provides that handguns are centrally registered at time of
transfer, importation or sale, due to the fact that DOJ
compiles various transfer and reporting forms. (Penal Code
Section 11106.)
10) Provides for the "Armed and Prohibited" (APS) program which
identifies via registration records of those persons who
legally acquired and are the registered owner of any firearm
in DOJ's data base and subsequently become ineligible to
possess firearms and creates a mechanism to disarm these
persons. (Penal Code Section 12010 to 12012.)
11) Requires each sheriff or police chief executive to submit
descriptions of serialized property, or non-serialized
property that has been uniquely inscribed, which has been
reported stolen, lost, found, recovered or under observation,
directly into the appropriate DOJ automated property system
for firearms, stolen bicycles, stolen vehicles, or other
property, as the case may be. [Penal Code Section 11108(a).]
12) States information about a firearm entered into the
automated system for firearms shall remain in the system until
the reported firearm has been found, recovered, is no longer
under observation, or the record is determined to have been
entered in error. [Penal Code Section 11108(b).]
13) Provides that in addition to the requirements of existing
law that apply to a local law enforcement agency's duty to
report to DOJ the recovery of a firearm, a police or sheriff's
department shall, and any other law enforcement agency or
agent may, report to the depa rtment in a manner determined by
the AG in consultation with the Bureau of Alcohol, Tobacco,
Firearms and Explosives (ATF) all available information
necessary to identify and trace the history of all recovered
firearms that are illegally possessed, have been used in a
crime, or are suspected of having been used in a crime.
[Penal Code Section 11108.3(a).]
14) States when the DOJ receives information from a local law
enforcement agency pursuant to existing law, it shall promptly
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forward this information to the National Tracing Center of the
federal Bureau of Alcohol, Tobacco, Firearms and Explosives to
the extent practicable. [ Penal Code Section 11108.3(b).]
15)States that in order to assist in the investigation of crime,
the prosecution of civil actions by city attorneys as
specified, the arrest and prosecution of criminals, and the
recovery of lost, stolen, or found property, the AG shall keep
and properly file a complete record of all copies of
fingerprints, copies of licenses to carry firearms,
information reported to DOJ pursuant to Penal Code Section
12053, dealers' records of sales of firearms, specified
reports, specified forms, and reports of stolen, lost, found,
pledged, or pawned property in any city or county of
California, and shall, upon proper application therefore,
furnish this information to the officers as specified. [Penal
Code Section 11106(a).]
16)States that except as provided, the AG shall not retain or
compile any information from specified reports for firearms
that are not handguns for firearms that are not handguns, or
from dealers' records of sales for firearms that are not
handguns. All copies of the forms submitted, or any
information received in electronic form, for firearms that are
not handguns, or of the dealers' records of sales for firearms
that are not handguns shall be destroyed within five days of
the clearance by the AG unless the purchaser or transferor is
ineligible to take possession of the firearm. All copies of
the reports filed, or any information received in electronic
form for firearms that are not handguns shall be destroyed
within five days of the receipt by the AG, unless retention is
necessary for use in a criminal prosecution. [Penal Code
Section 11106(b)(1).]
17)Provides that a peace officer, the AG, a DOJ employee
designated by the AG, or any authorized local law enforcement
employee shall not retain or compile any information from a
firearms transaction record for firearms that are not handguns
unless retention or compilation is necessary for use in a
criminal prosecution or in a proceeding to revoke a license
issued. [Penal Code Section 11106(b)(2).] A violation of
this subdivision is a misdemeanor. [Penal Code Section
11106(b)(3).]
18)States that notwithstanding Penal Code Section 11106, the DOJ
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may retain personal information about an applicant in
connection with a claim for a firearm that is not a handgun to
allow for law enforcement confirmation of compliance with this
section. The information retained may include personal
identifying information regarding the individual applying for
the clearance, but may not include information that identifies
any particular firearm that is not a handgun. [Penal Code
Section 12021.3(h).]
19)States that on or after January 1, 1998, within 60 days of
bringing a handgun into California, a personal handgun
importer shall do one of the following [Penal Code Section
12072(f)(2)(A)]:
a) Forward by prepaid mail or deliver in person to DOJ, a
report prescribed by DOJ, including information concerning
that individual and a description of the firearm in
question;
b) Sell or transfer the firearm in accordance with
specified provisions;
c) Sell or transfer the firearm to a licensed dealer; or,
d) Sell or transfer the firearm to a sheriff or police
department.
20)States that if the personal handgun importer sells or
transfers the handgun, as specified, and the sale or transfer
cannot be completed by the dealer to the purchaser or
transferee, and the firearm can be returned to the personal
handgun importer, the personal handgun importer shall have
complied with the provisions of this paragraph. [Penal Code
Section 12072(f)(2)(B).]
21)States that the provisions of this paragraph are cumulative
and shall not be construed as restricting the application of
any other law. However, an act or omission punishable in
different ways by this section and different provisions of the
Penal Code shall not be punished under more than one
provision. [Penal Code Section 12072(f)(2)(C).]
22)States that on and after January 1, 1998, the DOJ shall
conduct a public education and notification program to ensure
a high degree of publicity of the provisions. [Penal Code
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Section 12072(f)(2)(D).]
FISCAL EFFECT : Unknown
COMMENTS :
1)Author's Statement : According to the author, "[i]n 2006,
3,345 people died from firearm-related injuries in California
and an additional 4,491 people were hospitalized for non-fatal
gunshot wounds. Moreover, between 2005 and 2009, the
California DOJ designated 84,123 firearms as crime guns in the
AFS database.
"Long guns (rifles and shotguns) play a significant role in our
gun violence epidemic. Of the 26,682 crime guns entered into
the AFS database in 2009, 11,500 were long guns. DOJ sweeps
to seize illegally possessed firearms have uncovered roughly
equal numbers of illegal handguns (2,143) and long guns
(2,019). Just last year alone, Californians purchased 253,296
long guns, significantly more than the 225,000 handguns
acquired in the same time period.
"Law enforcement efforts to investigate and prosecute gun crimes
are aided by the AFS database, which contains records of all
handgun transfers. However, state law requires that records
of long gun sales be destroyed by DOJ.
"AB 1810 would stop the needless destruction of long gun
records, which prevents law enforcement from using this
information to quickly identify the owners of crime guns.
Without these records, law enforcement must painstakingly
trace a recovered firearm from the manufacturer, through the
distributor, to the firearms dealer who sold the weapon. AB
1810 would also ensure the integrity of long gun records by
removing reporting and recordkeeping exemptions that currently
apply to certain long gun transfers.
"Another significant benefit of long gun record retention is
that it would protect law enforcement officers who must
respond to emergency calls at private residences. Officers
currently could use the AFS database to check whether a person
at a residence may own any handguns, but they have no way of
knowing whether that person may own any long guns. This
information gap puts law enforcement at needless risk.
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"Finally, long gun record retention would assist law enforcement
in identifying all firearms - not just handguns - owned by
persons who are prohibited by law from possessing guns. These
critical records would help law enforcement facilitate firearm
relinquishment by dangerous felons and others who have been
convicted of crimes which render them ineligible to possess
firearms.
"Long gun record retention would not adversely impact
law-abiding citizens, but would provide important benefits to
law enforcement."
2)Background : State law requires that records of long gun sales
be destroyed by DOJ. The destruction of these records
prevents law enforcement from using the information to quickly
identify the owners of crime guns, prevents law enforcement in
identifying all firearms - not just handguns - owned by
persons prohibited by law from possessing guns and puts law
enforcement at risk when they respond to an emergency or serve
a warrant without the complete knowledge of what firearms may
be stored at the residence.
3)Definitions : Current law requires greater record keeping
around the purchase, sale, and transfer of "handguns." This
bill expands these requirements to "long guns" by utilizing
the phrase "firearms" in lieu of "handguns."
a) Handguns can most easily be defined as pistols.
b) Long guns refer generally to rifles and shotguns.
c) Firearms include long guns and handguns.
4)Destruction of Records : Current law requires the destruction
of long gun sales and transfer records. This bill requires
the preservation of records for long guns sold or transferred
after July 1, 2012.
Firearm sales and transfer records are created after a
background check on a firearm purchaser or new owner is
completed. DOJ maintains records of handguns sold or
transferred in California in a state database. Under current
law, sales and transfer records for long guns must currently
be destroyed within five days of a cleared transaction.
[Penal Code Section 11106(b)(1).]
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Sales and transfer records of handguns may be utilized to
solve gun crimes, identify illegal trafficking channels,
return stolen handguns, disarm persons who are prohibited from
owning weapons. Under the current system where long gun
records are destroyed, it is more difficult to trace long guns
used in crime or identify persons prohibited from owning these
weapons under current law.
Under current law, peace officers, DOJ employees, and the AG
are prohibited from retaining or compiling certain information
relating to transactions regarding firearms that are not
handguns. Any violation of this provision is a misdemeanor.
This bill would remove this provision as of July 1, 2012.
5)Automated Firearms System Database : This bill includes long
guns in the AFS database records maintained by the DOJ.
Theoretically, an officer responding to a call or serving a
warrant could access the AFS database and be forewarned of the
likelihood of encountering a long gun. Long guns are risky to
officers as long guns generally have greater firepower than
handguns. Additionally, long guns include shotguns which
spray shots rather than target a single spot. The greater
firepower and wider range of a long gun can reduce the
effectiveness of protective vests.
a) Solving Long Gun Crimes : Traces in gun crimes help law
enforcement solve crimes involving firearms by enabling the
identification of the first purchaser of the gun (and
subsequent handgun purchasers in California).
Identification of the owner of a gun used in a crime
provides an important lead for solving the crime. The
maintenance of long gun records would enable tracing the
full history of the long guns and help solve long gun
crimes.
b) Illegal Trafficking : Analysis of gun crime trace date
helps federal, state, and local law enforcement to identify
firearm traffickers and the sources of guns used in crimes.
Curbing the illegal trade in guns, including long guns,
could be enhanced by maintaining records of sale and
transfer of legal long guns.
c) Disarming Prohibited Persons : DOJ is able to use
handgun records to identify and disarm those individuals
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who have purchased a handgun and subsequently become
prohibited from possessing a firearm because they have
fallen into a prohibited class. These prohibited persons
may be felons, domestic violence offenders, or suffer from
severe mental illness. In implementing its Armed
Prohibited Persons System program, DOJ has found that many
prohibited persons, whose handguns are in the DOJ database,
are in possession of illegal long guns. This bill permits
the use of sale and transfer records to cross reference
with individuals who are not permitted to possess firearms.
d) Return Stolen Long Guns : Record retention of long guns
would enable law enforcement to identify and return stolen
rifles and shotguns to their rightful owners.
6)Import of Firearms : This bill imposes additional duties upon
persons who import firearms (other than handguns) into the
State of California. Under current law, requirements are
placed on persons who import handguns into the State of
California. This bill requires the same in instances where
long guns are imported. Specifically, if this bill becomes
law, a person who imports long guns into the State of
California will have 60 days to do one of the following:
a) Forward by prepaid mail or deliver in person to DOJ, a
report prescribed by DOJ, including information concerning
that individual and a description of the firearm in
question;
b) Sell or transfer the firearm in accordance with
specified provisions;
c) Sell or transfer the firearm to a licensed dealer; or,
d) Sell or transfer the firearm to a sheriff or police
department.
7)Hunting : Generally, most consumers of firearms for hunting
utilize rifles or shotguns rather than hand guns. Hunters and
sportspersons argue that most gun crimes are committed with
handguns and that this bill is targeting long guns. Hunters
and sportspersons believe that the number of crimes committed
with long guns are insufficient to justify the expense and
time it would take for their registration as proposed by this
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bill.
8)Impact on Gun Retailers : This bill impacts California gun
retailers. Firearm retailers would be required to train
employees and implement the registration requirements of long
gun sales and other transfers. Firearm retailers argue that
this bill creates substantially higher operating costs for
firearms retailers because of ongoing new procedures and
transaction reporting requirements imposed by this bill.
9)Argument in Support : According to the California Chapters of
the Brady Campaign to Prevent Gun Violence , "[U]nder existing
law, tDOJ maintains records of handguns sold or transferred in
California in the AFS database. Law enforcement uses these
handgun records to conduct crime gun traces, return stolen
handguns, and disarm prohibited persons. However, the sales
and transfer record for long guns must be destroyed within
fifteen days.
"Data from DOJ shows that there are an increasing number of
long gun sales and transfers in California. Specifically,
average annual long gun sales have increased by 7.7% during
the 2000-2009 period when compared to 1991-1999. Moreover,
crime gun trace requests for long guns have almost tripled
during the last three years. Finally, in implementing its
Armed and Prohibited Persons System Program, DOJ is finding
that 54% of illegal firearms recovered from prohibited persons
are long guns. The lack of long gun records results in a huge
deficiency in the AFS database and hampers law enforcement
efforts to solve gun crimes, identify illegal trafficking
channels and disarm prohibited persons, such as criminals or
domestic violence offenders.
"Assembly Bill 1810 seeks to close the long gun loophole by
requiring the preservation of records for all long guns sold
or transferred in California after July 1, 2012. Under AB
1810, handgun and long gun records would be entered into the
AFS and maintained in the same matter. The bill will, over
time, significantly improve the AFS database by populating it
with data on long guns. With this enhanced database, law
enforcement will be able to successfully complete more gun
traces, solve more gun crimes, and disarm more prohibited
persons."
10)Argument in Opposition: According to the National Shooting
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Sports Foundation , "[This] bill would mandate that firearm
retailers undergo the expenditure of time and money necessary
to reorganize their businesses and to re-train their employees
to implement the registration of long gun (rifles and
shotguns) sales and other transfers that would be required
under AB 1810.
"After such processes, the bill would continue to cause
substantially higher operating costs for firearms retailers
because of AB 1810's ongoing new procedures and transaction
reporting requirements.
"The registration of long guns would not be a significant
deterrent to crime or a crime solving measure. Compared to
handguns, rifles or shotguns are rarely used in the commission
of crime. There is no real benefit to registering them if
preventing and solving crimes is the reason for the bill.
"The majority of firearms retailers in California are small
businesses that cannot afford the new costs of complying with
AB 1810. Many will go out of business simply because they do
not have and cannot afford the additional staff that would be
needed to complete the time consuming paperwork and reporting.
The most significant impact of the bill would likely be a
loss of jobs and less sales and income tax revenues for the
state."
REGISTERED SUPPORT / OPPOSITION :
Support
Brady Campaign of Sonoma County
California Chapters of the Brady Campaign
Chief of Police, City of Glendora
Chief of Police, City of Pleasant Hill
Friends Committee on Legislation of California
Legal Community Against Violence
Taxpayers for Improving Public Safety
Youth ALIVE
Opposition
California Association of Firearms Retailers
California Outdoor Heritage Alliance
California Rifle and Pistol Association
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California Sportsman's Lobby
Coalition Against Gun Violence
Crossroads of the West Gun Shows
National Rifle Association of America
National Rifle and Pistol Association
National Shooting Sports Foundation
Outdoor Sportsmen's Coalition of California
Safari Club International
Five private individuals
Analysis Prepared by : Gabriel Caswell / PUB. S. / (916)
319-3744