BILL ANALYSIS                                                                                                                                                                                                    







                      SENATE COMMITTEE ON PUBLIC SAFETY
                             Senator Mark Leno, Chair                A
                             2009-2010 Regular Session               B

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          AB 1810 (Feuer)                                            0
          As Amended May 28, 2010 
          Hearing date:  June 29, 2010
          Penal Code
          SM:mc

                               LONG GUN TRANSFER RECORDS  

                                       HISTORY

          Source:  California Chapters of the Brady Campaign to Prevent  
          Gun Violence; Legal                                          
          Community Against Gun Violence

          Prior Legislation: None directly on point

          Support: Los Angeles County Sheriff; Chiefs of Police for the  
          Cities of Chico; 
                   Davis; Emeryville; Fairfield; Fresno; Glendora;  
                   Healdsburg; Orinda; Oxnard; Pinole; Pleasant Hill;  
                   Richmond; Santa Ana; Seal Beach; Stockton; Ventura;  
                   West Sacramento; Twin Cities Police Authority; Brady  
                   Campaign Chapters of Contra Costa, West Contra Costa,  
                   Long Beach, Los Angeles, Nevada County, Oakland/Alameda  
                   County, Orange County, Sacramento Valley, San Fernando  
                   Valley, San Francisco, Sonoma County, Ventura County;  
                   Friends Committee on Legislation of CA; Interfaith  
                   Council of Contra Costa County; Santa Barbara Coalition  
                   Against Gun Violence; Taxpayers  for Improving Public  
                   Safety; Violence Prevention Coalitions of Orange County  
                   and Greater Los Angeles; Women Against Gun Violence;  
                   Youth Alive; City of Santa Barbara Police Department;  
                   numerous local elected officials and private  




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                   individuals

          Opposition:Sheriffs for the Counties of Kern; Mariposa;  
                   Mendocino; Mono; Nevada; Placer;  Riverside; San  
                   Bernardino; Solano; Stanislaus; Tehama; Tuolumne;  
                   California Association of Firearms Retailers;  
                   California Rifle & Pistol Association; California  
                   Outdoor Heritage Alliance; California Sportman's Lobby;  
                   Crossroads of the West Gun Shows; National Rifle  
                   Association; National Shooting Sports Foundation;  
                   Outdoor Sportmen's Coalition of California; Safari Club  
                   International; Phoenix Uniforms; Gun owners of  
                   California; private individuals

          Assembly Floor Vote:  Ayes  42 - Noes  29



                                         KEY ISSUE
           
          SHOULD FIREARMS REPORTING AND RECORD RETENTION REQUIREMENTS THAT  
          CURRENTLY APPLY ONLY TO HANDGUNS ALSO APPLY TO LONG GUNS?



                                       PURPOSE

          The purpose of this bill is to apply to long guns and handguns  
          those firearms reporting and record retention requirements that  
          currently apply only to handguns.

           Existing law  requires that persons who sell, lease, or transfer  
          firearms be licensed by California.  (Penal Code  12070 and  
          12071.)

           Existing law  requires all sales, loans, and transfers of  
          firearms to be processed through or by a state-licensed firearms  
          dealer or a local law enforcement agency.  (Penal Code   
          12072(d).)





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           Existing law  provides that there is a 10-day waiting period when  
          purchasing a handgun through a firearms dealer.  During which  
          time, a background check is conducted and a handgun safety  
          certificate is required prior to delivery of the firearm.   
          (Penal Code  12071 and 12072.)

           Existing law  requires a person moving to California with a  
          handgun acquired outside California and who did not receive the  
          gun from a California-licensed gun dealer to register the gun  
          with the Department of Justice (DOJ).  (Penal Code   
          12072(f)(2).)

           Existing law  provides 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  1203(e)(13), 11106, and 12072(c) and (d).)  

           Existing law  permits DOJ to require firearms dealers to charge  
          firearms purchasers specified fees for a number of specified  
          costs.  (Penal Code  12076.) 

           Existing law  creates numerous exemptions 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.  (Penal  
          Code  12078.) 

           Existing law  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   
          12072(f)(3).)

           Existing law  requires a person moving into California (with a  
          handgun acquired outside of California) who did not receive the  




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          gun from a California licensed gun dealer, to register the gun  
          with the DOJ by mailing a form.  (Penal Code  12072(f)(2).)

           Existing law  provides that handguns are centrally registered at  
          time of transfer, importation or sale.  (Penal Code  11106.) 

           Existing law  requires DOJ to compile the Prohibited Armed  
          Persons File to identify via registration records those persons  
          who are the registered owner of a firearm and subsequently  
          become ineligible to possess firearms and creates a mechanism to  
          disarm these persons.  (Penal Code  12010 to 12012.) 

           Existing law  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  11108(a).)

           Existing law  states information about a lost or stolen 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  11108(b).)

           Existing law  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 department in a manner determined by  
          the Attorney General (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  11108.3(a).)

           Existing law  states when the DOJ receives information from a  
          local law enforcement agency pursuant to existing law, it shall  




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          promptly forward this information to the National Tracing Center  
          of the federal Bureau of Alcohol, Tobacco, Firearms and  
          Explosives to the extent practicable.  (Penal Code   
          11108.3(b).)

           Existing law  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  11106(a).)

           Existing law  states that except as provided, the AG shall not  
          retain or compile any information from specified reports 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  11106(b)(1).)  

           Existing law  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  11106(b)(2).)  A violation of this  




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          subdivision is a misdemeanor.  (Penal Code  11106(b)(3).)

           Existing law  states that notwithstanding Penal Code Section  
          11106, the DOJ 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  12021.3(h).)  

           Existing law  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   
          12072(f)(2)(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;
                     Sell or transfer the firearm in accordance with  
                 specified provisions;
                     Sell or transfer the firearm to a licensed dealer;  
                 or,
                     Sell or transfer the firearm to a sheriff or police  
                 department.

           Existing law  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   
          12072(f)(2)(B).)  

           This bill  applies to long guns and handguns those firearms  
          reporting and record retention requirements that currently apply  
          only to handguns.





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           This bill  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.  

           This bill  makes conforming changes to the code to reference  
          "firearms" in lieu of "handguns."


                    RECEIVERSHIP/OVERCROWDING CRISIS AGGRAVATION
          
          The severe prison overcrowding problem California has  
          experienced for the last several years has not been solved.  In  
          December of 2006 plaintiffs in two federal lawsuits against the  
          Department of Corrections and Rehabilitation sought a  
          court-ordered limit on the prison population pursuant to the  
          federal Prison Litigation Reform Act.  On January 12, 2010, a  
          federal three-judge panel issued an order requiring the state to  
          reduce its inmate population to 137.5 percent of design capacity  
          -- a reduction of roughly 40,000 inmates -- within two years.   
          In a prior, related 184-page Opinion and Order dated August 4,  
          2009, that court stated in part:

               "California's correctional system is in a tailspin,"  
               the state's independent oversight agency has reported.  
               . . .  (Jan. 2007 Little Hoover Commission Report,  
               "Solving California's Corrections Crisis: Time Is  
               Running Out").  Tough-on-crime politics have increased  
               the population of California's prisons dramatically  
               while making necessary reforms impossible. . . .  As a  
               result, the state's prisons have become places "of  
               extreme peril to the safety of persons" they house, .  
               . .  (Governor Schwarzenegger's Oct. 4, 2006 Prison  
               Overcrowding State of Emergency Declaration), while  
               contributing little to the safety of California's  
               residents, . . . .   California "spends more on  
               corrections than most countries in the world," but the  




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               state "reaps fewer public safety benefits." . . .  .   
               Although California's existing prison system serves  
               neither the public nor the inmates well, the state has  
               for years been unable or unwilling to implement the  
               reforms necessary to reverse its continuing  
               deterioration.  (Some citations omitted.)

               . . .

               The massive 750% increase in the California prison  
               population since the mid-1970s is the result of  
               political decisions made over three decades, including  
               the shift to inflexible determinate sentencing and the  
               passage of harsh mandatory minimum and three-strikes  
               laws, as well as the state's counterproductive parole  
               system.  Unfortunately, as California's prison  
               population has grown, California's political  
               decision-makers have failed to provide the resources  
               and facilities required to meet the additional need  
               for space and for other necessities of prison  
               existence.  Likewise, although state-appointed experts  
               have repeatedly provided numerous methods by which the  
               state could safely reduce its prison population, their  
               recommendations have been ignored, underfunded, or  
               postponed indefinitely.  The convergence of  
               tough-on-crime policies and an unwillingness to expend  
               the necessary funds to support the population growth  
               has brought California's prisons to the breaking  
               point.  The state of emergency declared by Governor  
               Schwarzenegger almost three years ago continues to  
               this day, California's prisons remain severely  
               overcrowded, and inmates in the California prison  
               system continue to languish without constitutionally  











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               adequate medical and mental health care.<1>

          The court stayed implementation of its January 12, 2010, ruling  
          pending the state's appeal of the decision to the U.S. Supreme  
          Court.  On Monday, June 14, 2010, the U.S. Supreme Court agreed  
          to hear the state's appeal in this case.   

           This bill  does not appear to aggravate the prison overcrowding  
          crisis described above.


                                      COMMENTS

          1.  Need for This Bill  

          According to the author:

               State law requires that records of long gun sales be  
               destroyed by the CA Department of Justice.  The  
               needless destruction of these records 1) prevents law  
               enforcement from using the information to quickly  
               identify the owners of crime guns; 2) prevents law  
               enforcement in identifying all firearms- not just  
               handguns- owned by persons who are prohibited by law  
               from possessing guns; and 3) puts law enforcement at  
               needless risk when they go to private residences to  
               respond to an emergency or serve a warrant without the  
               complete knowledge of what firearms may be stored at  
               the home.

               By treating handguns and long guns alike, AB 1810  
               would provide several important benefits to law  
               enforcement.  Specifically, it would improve their 1)  
               ----------------------
          <1> Three Judge Court Opinion and Order, Coleman v.  
          Schwarzenegger, Plata v. Schwarzenegger, in the United States  
          District Courts for the Eastern District of California and the  
          Northern District of California United States District Court  
          composed of three judges pursuant to Section 2284, Title 28  
          United States Code (August 4, 2009).




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               ability to investigate gun crimes; 2) on-the-job  
               safety; and 3) efforts to disarm prohibited persons.

               In 2006, 3,345 people died from firearm-related  
               injuries in California and an additional 4,491 people  
               were hospitalized for non-fatal gunshot wounds.<2>   
               Moreover, between 2005 and 2009, the California  
               Department of Justice (DOJ) designated 84,123 firearms  
               as crime guns in the Automated Firearm System (AFS)  
               database.<3>

               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).<4> Just last year alone, Californians  
               purchased 253,296 long guns, significantly more than  
               the 225,000 handguns acquired in the same time  
               period.<5>  

               Law enforcement efforts to investigate and prosecute  
               ----------------------
          <2>

           California Department of Health Services, Epidemiology and  
          Prevention for Injury Control Branch (EPIC), Firearm Injuries in  
             California (2009), a  
           http://www.applications.dhs.ca.gov/epicdata/content/st_firearm.ht 
          m  
          <3>.
           Data provided by the California Department of Justice, April 6,  
          2010
          <4>.
           Data provided by the California Department of Justice, March 4,  
          2010
          <5>.
           California Department of Justice, "Dealer's Record of Sale  
          (Calendar Year Statistics)," provided on March 4, 2010




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               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.

          2.  Records of Firearm Sales and Transfers  





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          California law requires, with specified exceptions, all  
          transfers of firearms to be conducted through a licensed dealer.  
                                                  When a person buys any type of firearm, the dealer is required  
          to obtain personal identification information from the buyer and  
          to report this to DOJ on the Dealer Record of Sale or DROS form.  
           This allows DOJ to perform a criminal history check on the  
          buyer to determine if he or she is prohibited from possessing a  
          firearm.  In the case of handguns, DOJ retains that information,  
          which becomes part of the Automated Firearms System (AFS)  
          database.  However, current law requires DOJ to destroy records  
          of long gun sales within five days of the record check 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 must be destroyed within five days of the receipt  
          by the AG, unless retention is necessary for use in a criminal  
          prosecution.  (Penal Code  11106(b)(1).)  Failure to comply  
          with this requirement is a misdemeanor.  (Penal Code   
          11106(b)(3).)

          This bill would remove the provision requiring DOJ to destroy  
          records of long-gun sales as of July 1, 2012.   
           
          3.  Automated Firearms System Database   

          The effect of this bill would be to include data regarding sales  
          of long guns in the AFS database records maintained by DOJ.   
          Currently, the destruction of these records of long-gun  
          ownership means law enforcement do not have that information  
          available to quickly identify the owners of long guns recovered  
          at a crime scene or otherwise suspected of being used in a  
          crime.  The maintenance of long gun records would help trace the  
          ownership and history of long gun and presumably thereby help  
          solve some crimes involving long guns.  

          WOULD RETENTION OF TRANSFER RECORDS REGARDING LONG GUNS HELP LAW  
          ENFORCEMENT SOLVE SOME CRIMES INVOLVING FIREARMS?

          Lack of access to records of long gun ownership also denies law  
          enforcement the ability to predetermine, before they respond to  




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          an emergency or serve a warrant, whether a rifle or shotgun may  
          be found at the residence.  If these records were retained, an  
          officer responding to a call at a residence or serving a warrant  
          could access the AFS database and be advised whether the  
          resident is the registered owner of a rifle or shotgun.  

          WOULD ACCESS TO THIS INFORMATION HELP PROTECT POLICE?

          Analysis of gun crime trace data also helps federal, state, and  
          local law enforcement to identify firearm traffickers and the  
          sources of guns used in crimes.  Maintaining records of long-gun  
          sales and transfers could help law enforcement agencies reduce  
          the illegal trade in firearms.  



          4.  Prohibited Armed Persons File  

          In 2001, the Legislature created the Prohibited Armed Persons  
          File to ensure otherwise prohibited persons do not continue to  
          possess firearms.  (SB 950 (Brulte), Chapter 944, Statutes of  
          2001.)  The purpose of the file is to cross-reference persons  
          who have ownership or possession of a firearm on or after  
          January 1, 1991, as indicated by a record in the Consolidated  
          Firearm Information System, and who, subsequent to the date of  
          that ownership or possession of a firearm, fall within a class  
          of persons who are prohibited from owning or possessing a  
          firearm.  (Penal Code section 12010(a).)  According to DOJ, in  
          July 2003, the Department of Justice received funding to build a  
          database of this information - the Armed and Prohibited Persons  
          System - which became operational in 2006 and made fully  
          available to local law enforcement in 2007.  

          SB 950 also mandated that DOJ provide investigative assistance  
          to local law enforcement agencies to better insure the  
          investigation of individuals who continue to possess firearms  
          despite being prohibited from doing so.  (Penal Code  12012.)   
          DOJ states:

               California Department of Justice special agents have  




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               trained approximately 500 sworn local law enforcement  
               officials in 196 police departments and 35 sheriffs  
               departments on how to use the database during firearms  
               investigations. The Department has also conducted 50  
               training sessions on how to use the vehicle-mounted  
               California Law Enforcement Telecommunications System  
               terminals to access the database.
                
          (  http://ag.ca.gov/newsalerts/release.php?id=1505&year=2007&month=12  )

          In summary, current law establishes a mechanism whereby DOJ  
          cross-references persons who are prohibited from possessing a  
          firearm with records of persons who have purchased firearms and  
          any "prohibited person" who is listed as a firearm owner goes in  
          the Prohibited Armed Persons File.  DOJ and local law  
          enforcement agencies can utilize that list to investigate  
          firearms violations and seize firearms from prohibited persons.   
          However, one significant factor limiting the efficacy of this  
          system is that DOJ is prohibited by law from retaining records  
          of long-gun ownership.  Therefore, when DOJ compares the list of  
          firearms owners with the list of prohibited persons, it is  
          really only able to discover handgun owners that may be in  
          illegal possession of those weapons.  A person who, for example,  
          is prohibited by law from owning a firearm due to a history of  
          mental illness could nonetheless be in possession of a rifle or  
          shotgun and this illegal possession could not be discovered  
          through a record check and this person would not be included on  
          the Armed Prohibited Persons list.  

          WOULD RETENTION OF TRANSFER RECORDS REGARDING LONG GUNS HELP LAW  
          ENFORCEMENT IDENTIFY LONG GUNS OWNED BY PERSONS WHO ARE  
          PROHIBITED BY LAW FROM POSSESSING GUNS?   

          IS THE REQUIRED DESTRUCTION OF THESE RECORDS INCONSISTENT WITH  
          THE CREATION OF THE PROHIBITED ARMED PERSONS FILE?

          5.  Argument in Support  







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          The Sheriff of Los Angeles states: 

               Under current law, only handgun purchase and transfer  
               records are retained by the Department of Justice  
               (DOJ) and entered into the Automated Firearms System  
               (AFS).  Handgun records are an important tool for law  
               enforcement to trace crime guns, identify and disarm  
               hundreds of convicted felons, and return stolen  
               handguns to their rightful owners.

               Assembly Bill 1810 would close this loophole in state  
               law by removing existing exceptions that require the  
               destruction of long gun sales and transfer records and  
               require all firearms, including long guns, are input  
               into AFS.  This bill would require the preservation of  
               records for long guns sold or transferred after July  
               1, 2012.  Data from the California Department of  
               Justice shows that more than half the guns recovered  
               from armed and prohibited persons are long guns.

               This bill would also increase the safety of law  
               enforcement by providing better information regarding  
               the guns we may face.  An officer responding to a call  
               or serving a domestic violence warrant could access  
               the AFS database and be forewarned of the likelihood  
               of encountering both handguns and long guns.  Many  
               long guns put officers at greater risk because of  
               their fire power and ability to shoot through  
               protective vests.  Moreover, even a poorly aimed  
               shotgun could greatly injure a law enforcement officer  
               or anyone else.

          6.  Argument in Opposition
           
          The Sheriff of Kern County states:

               I believe there are currently enough firearms laws in  
               place and this legislation will not help reduce crime,  
               and will increase administrative costs.




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               The fact is that criminals do not register illegally  
               possessed firearms.  Therefore, this legislation will  
               only increase the red tape burden of shotgun and rifle  
               ownership on law-abiding taxpayers.

               This legislation will increase mandatory procedures  
               and costs for the small business owner, the licensed  
               firearms dealers throughout the state who are already  
               overburdened with federal and state licensing, record  
               keeping, reporting and inspection requirements.  Also,  
               in terms of costs, the added burden to the criminal  
               justice system cannot be overlooked.  The expense of  
               implementing this legislation, from maintaining  
               database records to the investigation, arrest and  
               prosecution of new criminals created through this law,  
               will be astronomical when integrated with [the]  
               current fiscal crisis at hand.


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