BILL ANALYSIS                                                                                                                                                                                                    



                                                                       



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                                 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





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           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) 








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          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  







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          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))  







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          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  







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          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  







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          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







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          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  







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            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








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