BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 1810
                                                                  Page  1

          Date of Hearing:   April 28, 2010

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                Felipe Fuentes, Chair

                    AB 1810 (Feuer) - As Amended:  April 5, 2010 

          Policy Committee:                              Public  
          SafetyVote:  4-2

          Urgency:     No                   State Mandated Local Program:  
          Yes    Reimbursable:              No

           SUMMARY  

          This bill effective July 1, 2012 applies the same regulations  
          relating to the reporting and retention of records for handguns  
          to long guns (rifles and shotguns). Specifically, this bill: 

          1)Deletes the prohibition on peace officers and Department of  
            Justice (DOJ) employees retaining or compiling information  
            regarding long gun transactions, as specified. 

          2)Expands the requirement for gun dealers to maintain handgun  
            records report information relative to bringing a handgun into  
            the state, as specified, to include long guns. 

           FISCAL EFFECT

           1)One-time costs in the range of $400,000 for software  
            development to allow DOJ to retain the long gun information  
            (Dealers' Record of Sale Account (DROS)). The 2010-11 budget  
            as released in January shows an $18 million DROS reserve. (DOJ  
            charges dealers a DROS fee; dealers pass on the cost to the  
            customer, currently $19 per transaction. DOJ is reviewing a  
            potential DROS fee reduction in light of this reserve.)   

          2)Moderate annual GF costs, potentially in excess of $150,000,  
            for increased state prison costs to the extent this bill makes  
            it easier to identify persons in a prohibited class who are  
            illegally in possession of a long gun. (Under current law,  
            felons, specified misdemeanants, and drug addicts and mentally  
            ill persons, as specified, are prohibited from possessing any  
            gun. A violation may be punished as an felony.)  









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          3)Unknown, likely minor nonreimbursable local law enforcement  
            and incarceration costs, offset to a degree by increased fine  
            revenue, to the extent local gun dealers violate reporting  
            requirements related to long guns.

           COMMENTS
           
           1)Rationale  . 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. 

            Gun sales and transfer records are created after a background  
            check on a gun purchaser or new owner is completed. DOJ  
            maintains records of handguns sold or transferred in  
            California in a state database. Under current law, however,  
            sales and transfer records for long guns must be destroyed  
            within five days of a cleared transaction. 

            Under current law, peace officers and DOJ employees are  
            prohibited from retaining or compiling certain information  
            relating to long gun transactions. This prevents law  
            enforcement from using the information to identify the owners  
            of long guns used in crimes, as well as long guns owned by  
            persons prohibited by law from possessing guns. Current law  
            also and puts law enforcement at risk when they respond to an  
            emergencies or serve warrants without the complete knowledge  
            of what guns may be present at a residence. 

            According to the author, "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?  

            "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  








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            removing reporting and recordkeeping exemptions that currently  
            apply to certain long gun transfers."

           2)This bill adds long guns to DOJ's Automated Firearms System  
            (AFS) Database  . An officer responding to a call or serving a  
            warrant would be able to access AFS and be forewarned of the  
            likelihood of encountering a long gun.

            Through AFS, DOJ is able to use handgun records to identify  
            and disarm persons who have purchased a handgun and  
            subsequently become prohibited from possessing a firearm  
            because they have fallen into a prohibited class (felons,  
            specified misdemeanants, narcotic addicts and mentally ill  
            persons). DOJ has found many prohibited persons whose handguns  
            are in the DOJ database, are in also possession of long guns.   


           3)Support  . According to the Brady Campaign to Prevent Gun  
            Violence, "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." 

           4)Opposition  . Gun-related organizations contend requiring  
            retention of long gun records, and the attendant  
            administrative costs of  will force small gun retailers out of  
            business, resulting in job loss and decreasing state tax  
            revenue.

          Geoff Long / APPR. / (916) 319-2081