BILL ANALYSIS
Senate Appropriations Committee Fiscal Summary
Senator Christine Kehoe, Chair
1810 (Feuer)
Hearing Date: 08/02/2010 Amended: 05/28/2010
Consultant: Jacqueline Wong-HernandezPolicy Vote: Public Safety
4-2
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BILL SUMMARY: AB 1810 would apply to both long guns and handguns
those firearms reporting and record retention requirements that
currently apply only to handguns.
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Fiscal Impact (in thousands)
Major Provisions 2010-11 2011-12
2012-13 Fund
CFIS system enhancements $395
Minor and absorbable Special*
Retain new information $88
Minor and absorbable Special*
Additional DROS transactions Significant workload; fully
funded by fees Special*
*Dealer Record of Sale (DROS) Fund
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STAFF COMMENTS: This bill meets the criteria for referral to the
Suspense File.
State law contains numerous provisions governing the sale, loan,
and transfer of all firearms in the state. Certain provisions
apply to all firearms, while others apply only to handguns. This
bill would apply reporting and record retention requirements
currently in effect for handguns to long guns, as well. The
fiscal impact on the state would be incurred by increased
workload and one-time operations and equipment costs to the
Department of Justice (DOJ) to implement these provisions. Costs
would be paid from the DROS fund, and would likely be fully
recovered by fees in the future, but the immediate system
enhancement costs are unlikely to be recovered in the same
fiscal year.
Existing law requires that persons who sell, lease, or transfer
firearms be licensed by California, and 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. State law also requires 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.
Existing law provides that handguns are centrally registered
with DOJ as part of the purchase or transfer process.
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.)
Page 2
AB 1810 (Feuer)
DOJ is currently required to 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 Attorney
General (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
further provides that law enforcement officials (including DOJ
employees) 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
subdivision is a misdemeanor. (Penal Code 11106(b)(3).)
AB 1810 specifically applies to long guns and handguns those
firearms reporting and record retention requirements that
currently apply only to handguns. It also 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. The deletion of
this misdemeanor prohibition would take effect on July 1, 2012.
DOJ anticipates that AB 1810 would increase DROS applicant
storage by approximately 250,000 transactions per year. In order
to comply with AB 1810 the Department of Justice would need to
modify, test, and implement enhancements to the DROS application
in the Consolidated Firearms Information System (CFIS). Costs
for CFIS and DROS enhancements would be $395,000. The Bureau of
Firearms would also require that the California Handgun
Registration Information System (CHRIS) application be enhanced
to collect, process, and retain long gun details and purchaser
information. Costs for CHRIS enhancements are estimated at
$65,000. There will also be minor, one-time storage costs.