BILL ANALYSIS                                                                                                                                                                                                    




                   Senate Appropriations Committee Fiscal Summary
                           Senator Christine Kehoe, Chair

                                           1810 (Feuer)
          
          Hearing Date:  08/12/2010           Amended: 05/28/2010
          Consultant:  Jacqueline Wong-HernandezPolicy Vote: Public Safety  
          4-2
          _________________________________________________________________ 
          ____
          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.
          _________________________________________________________________ 
          ____
                            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
          _________________________________________________________________ 
          ____

          STAFF COMMENTS: 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.