BILL ANALYSIS
SB 1115
Page 1
SENATE THIRD READING
SB 1115 (Public Safety Committee)
As Introduced February 17, 2010
Majority vote
SENATE VOTE :31-0
PUBLIC SAFETY 6-0
-----------------------------------------------------------------
|Ayes:|Ammiano, Beall, Gilmore, | | |
| |Hill, Portantino, Yamada | | |
| | | | |
-----------------------------------------------------------------
SUMMARY : Makes cross-referencing changes to Penal Code
provisions relating to deadly weapons, operative on January 1,
2012. Enactment is contingent upon passage of SB 1080 (Public
Safety Committee), which reorganizes and makes other
non-substantive changes to provisions of law related to
firearms.
EXISTING LAW :
1)Provides that the sale, loan or transfer of firearms in almost
all cases must be processed by, or through, a state-licensed
dealer or a local law enforcement agency with appropriate
transfer forms being used, as specified. In those cases where
dealer or law enforcement processing is not required, a
handgun change of title report must still be sent to the
Department of Justice (DOJ).
2)Requires that in connection with any private party sale, loan
or transfer of a firearm, a licensed dealer must provide the
DOJ with specified personal information about the seller and
purchaser as well as the name and address of the dealer. This
personal information of buyer and seller required to be
provided includes the name; address; phone number; date of
birth; place of birth; occupation; eye color; hair color;
height; weight; race; sex; citizenship status; and a driver's
license number, California identification card number or
military identification number. A copy of the dealer record
of sale, containing the buyer and seller's personal
information, must be provided to the buyer or seller upon
request.
SB 1115
Page 2
3)Requires that persons who sell, lease, or transfer firearms be
licensed by California.
4)Sets forth a series of requirements to be state licensed by
DOJ, which provides that to be recognized as state licensed a
person must be on a centralized list of gun dealers and allows
access to the centralized list by authorized persons for
various reasons.
5)Provides that revocation of a license will result where a
person fails to comply with numerous requirements, including
conducting background checks prior to delivery of firearms,
assisting in the registration of handguns, processing
private-party firearms transactions, keeping extensive records
and submitting the same to DOJ, and making those records
available for law enforcement inspection.
6)Exempts certain persons including, but not limited to, law
enforcement, beneficiaries of an inheritance, and those who
are loaned firearms, as specified, from the state dealer
licensing requirements.
7)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.
FISCAL EFFECT : None
COMMENTS : According to the author, "The Legislature has
directed the Law Revision Commission to 'study, report on, and
prepare recommended legislation by July 1, 2009, concerning the
revision of the portions of the Penal Code relating to the
control of deadly weapons . . . . ' (2006 Cal. Stat. res. ch.
128.) The general purpose of the study is to improve the
organization and accessibility of the deadly weapons statutes,
without making any change to criminal liability under those
statutes. SB 1080 and SB 1115 are the Law Revision Commission's
recommended legislative revisions. In drafting these revisions,
the Commission took extreme care to ensure that it would not
cause any substantive change in the law."
Please see the policy committee for a full discussion of this
bill.
SB 1115
Page 3
Analysis Prepared by : Kimberly Horiuchi / PUB. S. / (916)
319-3744
FN: 0005007