BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 1810
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          ASSEMBLY THIRD READING
          AB 1810 (Feuer)
          As Amended  May 28, 2010
          Majority vote 

           PUBLIC SAFETY       4-2         APPROPRIATIONS      12-5        
           
           ----------------------------------------------------------------- 
          |Ayes:|Ammiano, Hill,            |Ayes:|Fuentes, Ammiano,         |
          |     |Portantino, Skinner       |     |Bradford,                 |
          |     |                          |     |Charles Calderon, Coto,   |
          |     |                          |     |Davis, Monning, Ruskin,   |
          |     |                          |     |Skinner, Solorio,         |
          |     |                          |     |Torlakson, Torrico        |
          |     |                          |     |                          |
          |-----+--------------------------+-----+--------------------------|
          |Nays:|Hagman, Gilmore           |Nays:|Conway, Harkey, Miller,   |
          |     |                          |     |Nielsen, Norby            |
           ----------------------------------------------------------------- 
           
          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.








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          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,"

           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).  

          2)Provides for specified exemptions including commercial  
            transactions among licensed wholesalers, importers, and  
            manufacturers.  

          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.   
              

          4)Allows DOJ to charge the dealer for a number of costs such as  
            a DROS.  

          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.  

          6)Provides that, on request, DOJ will register transactions  








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            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.  

           FISCAL EFFECT  :   According to the Assembly Appropriations  
          Committee:

          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 General Fund 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 a felony.)   


          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  :   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.  








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          "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.

          "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."

          Please see the policy committee for a full discussion of this  
          bill.
           

          Analysis Prepared by  :    Gabriel Caswell / PUB. S. / (916)  
          319-3744 










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