BILL ANALYSIS                                                                                                                                                                                                    



                                                                       



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                              UNFINISHED BUSINESS


          Bill No:  SB 585
          Author:   Leno (D)
          Amended:  7/8/09
          Vote:     21

           
           SENATE PUBLIC SAFETY COMMITTEE  :  4-2, 4/14/09
          AYES:  Leno, Cedillo, Hancock, Steinberg
          NOES:  Benoit, Huff
          NO VOTE RECORDED:  Wright

           SENATE APPROPRIATIONS COMMITTEE  :  7-5, 5/28/09
          AYES:  Kehoe, Corbett, DeSaulnier, Hancock, Leno, Oropeza,  
            Yee
          NOES:  Cox, Denham, Runner, Walters, Wyland
          NO VOTE RECORDED:  Wolk

           SENATE FLOOR  :  21-18, 6/3/09
          AYES:  Alquist, Calderon, Cedillo, Corbett, DeSaulnier,  
            Ducheny, Florez, Hancock, Kehoe, Leno, Liu, Lowenthal,  
            Oropeza, Padilla, Pavley, Romero, Simitian, Steinberg,  
            Wiggins, Wolk, Yee
          NOES:  Aanestad, Ashburn, Benoit, Cogdill, Correa, Cox,  
            Denham, Dutton, Harman, Hollingsworth, Huff, Maldonado,  
            Negrete McLeod, Runner, Strickland, Walters, Wright,  
            Wyland
          NO VOTE RECORDED:  Vacancy

           ASSEMBLY FLOOR  :  45-33, 9/9/09 - See last page for vote


           SUBJECT  :    Firearms:  prohibiting sales at the Cow Palace

                                                           CONTINUED





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           SOURCE  :     City and County of San Francisco


           DIGEST  :    This bill prohibits events at which firearms or  
          ammunition are sold on the state property known as the Cow  
          Palace, as specified.

           Assembly Amendments  place a three-year time specific as to  
          when the firearms and ammunition shows must cease.

           ANALYSIS  :    Existing law generally regulates the transfer  
          of firearms and divides the state into agricultural  
          districts.  District 1-A is the County of San Mateo and the  
          City and County of San Francisco.  A violation of statutes  
          governing agricultural districts is a misdemeanor.

          This bill amends the Food and Agriculture Code to provide  
          that no officer, employee, operator, or any lessee of  
          District 1-A, as defined, may contract for, authorize, or  
          allow, an event at which any firearm or ammunition is sold,  
          as defined, on the property or in the buildings that  
          comprise the Cow Palace property in San Mateo County and  
          the City and County of San Francisco or any successor or  
          additional property owned, leased, or otherwise occupied or  
          operated by the District.

          This bill provides that notwithstanding the above, this  
          bill authorizes up to five of those events per year for the  
          years 2010, 2011, and commencing January 1, 2013, no event  
          selling firearms or ammunition shall be allowed on Cow  
          Palace property.  This bill requires the district to  
          replace those events with nonfirearm or nonammunition  
          related events.

          This bill includes the following definitions regarding that  
          prohibition:

          1. "Firearm" means the term as included in subdivisions  
             (b), (c), and (d) of Section 12001 of the Penal Code.

          2. "Ammunition" includes assembled ammunition for use in a  
             firearm and components of ammunition including smokeless  
             and black powder, and any projectile capable of being  
             fired from a firearm with deadly consequence.







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           Prior legislation  .  AB 2948 (Leno), 2007-08 Session, failed  
          passage on the Senate Floor; SB 1733 (Speier), 2003-04  
          Session, failed passage on the Assembly Floor; HR 26  
          (Machado), 1999-2000 Session, died in the Assembly Public  
          Safety Committee; AB 1575 (Machado), as amended May 24,  
          1999 and deleted by amendments July 1, 1999 in the Senate  
          Public Safety Committee; and AB 1107 (Ortiz), 1997-98  
          Session, failed passage in the Assembly Appropriations  
          Committee.
          
           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  Yes    
          Local:  Yes

          According to the Senate Appropriations Committee:

                         Fiscal Impact (in thousands)

            Major Provisions       2009-10     2010-11     2011-12    Fund  

           Gun show revenue loss          $0        $0        
           $0Special*

           * A-1 District Agricultural Association Operating Fund

           SUPPORT  :   (Verified  9/10/09)

          City and County of San Francisco (source)
          Brady Campaign to Prevent Gun Violence, California Chapters
          District Attorney of San Francisco 
          Legal Community Against Violence

           OPPOSITION  :    (Verified  9/10/09)

          California Association of Firearm Retailers
          California Outdoor Heritage Alliance
          California Rifle and Pistol Association
          California Sportsman's Lobby, Inc.
          Crossroads of the West Gun Shows
          National Rifle Association
          National Shooting Sports Foundation, Inc.
          Outdoor Sportsman's Coalition of California
          Safari Club International Foundation and Safari Club  
          International







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          Western Fairs Association

           ARGUMENTS IN SUPPORT  :    According to the author:

            "The Board of Supervisors for the City and County of San  
            Francisco and the County of San Mateo have adopted  
            resolutions on unanimous votes to seek Legislative help  
            to end the gun shows at the Cow Palace.  The state-owned  
            facility straddles both counties, and is located near the  
            Sunnydale public housing project and the communities of  
            Visitacion Valley, Bayview-Hunters Point and the Mission  
            District.  These communities have been plagued by  
            violence for many years.  But, unlike similar facilities  
            owned by the county in which they are located, the Cow  
            Palace is owned and operated by the California Department  
            of Agriculture's Division of Fairs and Expositions.  For  
            this reason, local residents have no control over the  
            types of events that take place at the facility.

            "Because the Cow Palace is a state-owned facility,  
            legislation is needed to provide the neighboring  
            residents and communities with local control equivalent  
            to communities with county-run facilities.  SB 585 would  
            finally provide the communities of San Francisco and San  
            Mateo with an outcome that the counties of Alameda, Marin  
            and Los Angeles have been able to implement at similar  
            locally cited facilities."

           ARGUMENTS IN OPPOSITION  :    Crossroads of the West Gun  
          Shows states:

            "Firearms sales at gun shows are conducted through a  
            dealer licensed in accordance with California law.  The  
            dealer retains custody of the firearm during the ten-day  
            waiting period and sends the buyer's information to the  
            state Department of Justice, which conducts a criminal  
            and mental history background check to determine if the  
            person is in a category prohibited from possessing  
            firearms.

            . . . . . . .

            "There is no compelling reason to ban guns shows at the  
            Cow Palace.  Banning them will not increase public safety  







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            nor decrease crime.  However it would send many gun sales  
            now lawfully conducted through licensed firearms dealers  
            at gun shows into the streets or other unlawful venues.   
            Law enforcement, which now is able to track those sales,  
            would lose their ability to do so.  In this respect, gun  
            shows do fulfill a valid need that results in a public  
            benefit."


           ASSEMBLY FLOOR  : 
          AYES:  Ammiano, Beall, Block, Blumenfield, Brownley,  
            Buchanan, Charles Calderon, Carter, Chesbro, Coto, Davis,  
            De La Torre, De Leon, Eng, Evans, Feuer, Fong, Fuentes,  
            Furutani, Hayashi, Hernandez, Hill, Huffman, Jones,  
            Krekorian, Lieu, Bonnie Lowenthal, Ma, Mendoza, Monning,  
            Nava, John A. Perez, V. Manuel Perez, Portantino, Ruskin,  
            Salas, Saldana, Skinner, Solorio, Swanson, Torlakson,  
            Torres, Torrico, Yamada, Bass
          NOES:  Adams, Anderson, Arambula, Bill Berryhill, Tom  
            Berryhill, Blakeslee, Conway, Cook, DeVore, Duvall,  
            Emmerson, Fletcher, Fuller, Gaines, Galgiani, Garrick,  
            Gilmore, Hagman, Hall, Harkey, Huber, Jeffries, Knight,  
            Logue, Miller, Nestande, Niello, Nielsen, Silva, Smyth,  
            Audra Strickland, Tran, Villines
          NO VOTE RECORDED:  Caballero, Vacancy


          RJG:mw  9/10/09   Senate Floor Analyses 

                         SUPPORT/OPPOSITION:  SEE ABOVE

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