BILL ANALYSIS
SB 585
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Date of Hearing: July 15, 2009
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Kevin De Leon, Chair
SB 585 (Leno) - As Amended: July 8, 2009
Policy Committee: Public Safety
Vote: 4-3
Urgency: No State Mandated Local Program:
No Reimbursable:
SUMMARY
This bill limits the number of gun shows that may be held at the
Cow Palace - state property operated by the Department of Food
and Agriculture located in both San Francisco and San Mateo
Counties - to five per year, and directs the agricultural
district to phase out gun shows at the Cow Palace completely
within three years and replace them with different events.
FISCAL EFFECT
Minor state GF revenue loss, less than $150,000, as a result of
rental payments for five guns shows per year at the Cow Palace
should the agricultural district be unable to book alternatives
to these gun shows.
COMMENTS
1)Rationale . The author and proponents wish to stop Cow Palace
gun shows, citing resolutions from the Counties of San
Francisco and San Mateo requesting the Legislature to ban guns
shows at the Cow Palace. San Mateo, in addition to several
other counties, including L.A., Marin, and Alameda, has banned
gun shows on county property. Supporters believe that the
state should assist local communities wishing to prohibit gun
shows, which, they contend, directly promote guns and
indirectly promote gun violence. As the Cow Palace is owned by
the state and operated by the Department of Agriculture's
Division of Fairs and Expositions, local residents cannot
control the types of shows conducted at the Cow Palace.
2)Support . According to the City and County of San Francisco,
SB 585
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"San Francisco has invested heavily both in public safety and
front-end prevention efforts to keep its streets safe. It
continues to bring the best law enforcement practices and
technology to the City. One aspect of this effort is a local
ordinance banning gun shows on City and County property.
Unfortunately, this ordinance does not apply to one venue for
large public gatherings that still hosts gun shows. This is
the Cow Palace, which is owned by the State. Since the State
Department of Agriculture's Division of Fairs and Expositions
owns and manages the Cow Palace the only way to close this
'loophole' in the local policy is through state legislation.
"The neighborhoods adjacent to the Cow Palace have had more than
their share of gun violence over the years and the residents
believe that the gun shows contribute to the proliferation of
available weapons through the illegal sale of firearms. They
have continually pleaded with local leaders to remedy the
situation."
3)Opponents , a number of gun groups, contend banning gun shows
decreases neither crime nor gun sales, but does encourage
unlawful gun purchases.
4)Current law requires that gun transactions take place through
a licensed gun dealer and requires a background check, a
10-day waiting period before delivery of the gun, and a
Handgun Safety Certificate for a handgun. In addition, AB 295
(Corbett), Statutes of 1999, the Gun Show Enforcement and
Security Act of 2000, added a number of gun show requirements.
To obtain a certificate of eligibility from the Department of
Justice (DOJ), a gun show promoter must prove familiarity with
gun show laws, obtain at least $1 million of liability
insurance, provide an annual list of gun shows the applicant
plans to promote, pay an annual fee of $85, provide local law
enforcement a list of entities that have rented space at the
show, submit an event and security plan, submit to DOJ a list
of prospective vendors, provide photo identification of
vendors, prepare an event and security plan, and require all
guns to be checked, cleared of ammunition, and secured so they
cannot operate.
5)Prior legislation. AB 2948 (Leno), 2008, would have prohibited
the sale of firearms or ammunition on state property known as
the "Cow Palace." AB 2948 failed passage on the Senate Floor.
SB 585
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SB 1733 (Speier, 2004) was identical to AB 2948 and failed on
the Assembly floor 38-37, after passing the Senate 21-13.
Analysis Prepared by : Geoff Long / APPR. / (916) 319-2081