BILL ANALYSIS ------------------------------------------------------------ |SENATE RULES COMMITTEE | AB 1810| |Office of Senate Floor Analyses | | |1020 N Street, Suite 524 | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ------------------------------------------------------------ THIRD READING Bill No: AB 1810 Author: Feuer (D) Amended: 8/20/10 in Senate Vote: 21 SENATE PUBLIC SAFETY COMMITTEE : 4-2, 6/29/10 AYES: Leno, Cedillo, Hancock, Steinberg NOES: Huff, Wright NO VOTE RECORDED: Cogdill SENATE APPROPRIATIONS COMMITTEE : 7-4, 8/12/10 AYES: Kehoe, Alquist, Corbett, Leno, Price, Wolk, Yee NOES: Ashburn, Emmerson, Walters, Wyland ASSEMBLY FLOOR : 42-29, 6/3/10 - See last page for vote SUBJECT : Long gun transfer records SOURCE : California Chapters of the Brady Campaign to Prevent Gun Violence Legal Community Against Violence DIGEST : This bill provides that firearms reporting and record retention requirements that currently apply only to handguns also apply to long guns. Senate Floor Amendments of 8/20/10 add double-jointing language to address potential chaptering conflicts with AB 1934 (Saldana) and SB 282 (Wright). CONTINUED AB 1810 Page 2 ANALYSIS : Existing law requires that persons who sell, lease, or transfer firearms be licensed by California. (Sections 12070 and 12071 of the Penal Code [PEN]) 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. (PEN Section 12072(d)) 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. (PEN Sections 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). (PEN Section 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. (PEN Sections 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. (PEN Section 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. (PEN Section 12078) AB 1810 Page 3 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 DOJ. (PEN Section 12072(f)(3)) Existing law requires a person moving into California (with a handgun acquired outside of California) who did not receive the gun from a California licensed gun dealer, to register the gun with DOJ by mailing a form. (PEN Section 12072(f)(2)) Existing law provides that handguns are centrally registered at time of transfer, importation or sale. (PEN Section 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. (PEN Sections 12010-12012) 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. (PEN Section 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. (PEN Section 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 AB 1810 Page 4 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. (PEN Section 11108.3(a)) Existing law states when DOJ receives information from a local law enforcement agency pursuant to existing law, it shall promptly forward this information to the National Tracing Center of the federal Bureau of Alcohol, Tobacco, Firearms and Explosives to the extent practicable. (PEN Section 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 PEN 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. (PEN Section 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. (PEN Section 11106(b)(1)) AB 1810 Page 5 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. (PEN Section 11106(b)(2)) A violation of this subdivision is a misdemeanor. (PEN Section 11106(b)(3)) Existing law states that notwithstanding PEN Section 11106, 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. (PEN Section 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 (PEN Section 12072(f)(2)(A)): 1. 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. 2. Sell or transfer the firearm in accordance with specified provisions. 3. Sell or transfer the firearm to a licensed dealer. 4. 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 AB 1810 Page 6 importer shall have complied with the provisions of this paragraph. (PEN Section 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. This bill deletes the prohibition on peace officers, DOJ employees, and the 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." This bill is double-jointed with AB 1934 (Saldana) and SB 282 (Wright). FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes Local: Yes According to the Senate Appropriations Committee: 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 DOJ anticipates that this bill increases DROS applicant storage by approximately 250,000 transactions per year. In order to comply with this bill, DOJ needs to modify, test, and implement enhancements to the DROS application in the AB 1810 Page 7 Consolidated Firearms Information System (CFIS). Costs for CFIS and DROS enhancements would be $395,000. The Bureau of Firearms will 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. SUPPORT : (Verified 8/22/10) California Chapters of the Brady Campaign to Prevent Gun Violence (co-source) Legal Community Against Violence (co-source) Brady Campaign Chapters of Contra Costa, Long Beach, Los Angeles, Nevada County, Oakland/Alameda County, Orange County, Sacramento Valley, San Fernando Valley, San Francisco, Sonoma County, Ventura County, and West Contra Costa 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, and West Sacramento City of Santa Barbara Police Department Friends Committee on Legislation of California Interfaith Council of Contra Costa County Los Angeles County Sheriff Santa Barbara Coalition Against Gun Violence Taxpayers for Improving Public Safety Twin Cities Police Authority Violence Prevention Coalitions of Orange County and Greater Los Angeles Women Against Gun Violence Youth Alive OPPOSITION : (Verified 8/22/10) California Association of Firearms Retailers California Outdoor Heritage Alliance California Rifle and Pistol Association California Sportsman's Lobby Crossroads of the West Gun Shows Gun Owners of California National Rifle Association AB 1810 Page 8 National Shooting Sports Foundation Outdoor Sportsman's Coalition of California Phoenix Uniforms Safari Club International Sheriffs for the Counties of Kern, Mariposa, Mendocino, Mono, Nevada, Placer, Riverside, San Bernardino, Solano, Stanislaus, Tehama, and Tuolumne ARGUMENTS IN SUPPORT : 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." ARGUMENTS IN OPPOSITION : The Sheriff of Kern County states: "I believe there are currently enough firearms laws in AB 1810 Page 9 place and this legislation will not help reduce crime, and will increase administrative costs. "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." ASSEMBLY FLOOR : AYES: Ammiano, Arambula, Bass, Blumenfield, Bradford, Brownley, Buchanan, Charles Calderon, Carter, Coto, Davis, De La Torre, De Leon, Eng, Evans, Feuer, Fong, Fuentes, Furutani, Hall, Hayashi, Hernandez, Hill, Huffman, Jones, Lieu, Bonnie Lowenthal, Ma, Mendoza, Monning, Nava, Portantino, Ruskin, Saldana, Skinner, Solorio, Swanson, Torlakson, Torres, Torrico, Yamada, John A. Perez NOES: Adams, Anderson, Bill Berryhill, Blakeslee, Caballero, Conway, Cook, DeVore, Emmerson, Fletcher, Fuller, Gaines, Garrick, Gilmore, Hagman, Harkey, Huber, Jeffries, Knight, Logue, Miller, Nestande, Niello, Nielsen, Norby, Silva, Smyth, Tran, Villines NO VOTE RECORDED: Beall, Tom Berryhill, Block, Chesbro, Galgiani, V. Manuel Perez, Salas, Audra Strickland, Vacancy RJG:mw 8/22/10 Senate Floor Analyses SUPPORT/OPPOSITION: SEE ABOVE AB 1810 Page 10 **** END ****