BILL ANALYSIS                                                                                                                                                                                                    Ó




                   Senate Appropriations Committee Fiscal Summary
                           Senator Christine Kehoe, Chair

                                          AB 809 (Feuer)
          
          Hearing Date: 08/25/2011        Amended: 06/14/2011
          Consultant: Jolie Onodera       Policy Vote: Public Safety 5-1
          _________________________________________________________________
          ____
          BILL SUMMARY: AB 809 would, effective January 1, 2013, apply to 
          both long guns and handguns those firearms reporting and record 
          retention requirements that currently apply only to handguns.
          _________________________________________________________________
          ____
                            Fiscal Impact (in thousands)

           Major Provisions         2011-12      2012-13      2013-14     Fund
           
          CFIS, DROS, CHRIS      One-time costs of $510 in development     
                        Special*
          enhancements           and software costs         

          Additional DROS                     Significant workload; fully 
          funded by fees         Special*
          transactions

          Expanded misdemeanors  Unknown; non-reimbursable local lawLocal
                                 enforcement and incarceration costs
                                 offset to a degree by fine revenue

          Increased confiscation of       Unknown; potential state 
          incarceration General
          firearms               costs as well as potentially significant 
                                 future cost savings in avoided 
          prosecution
                                 and extended incarceration

          *Dealer Record of Sale (DROS) Special Account
          _________________________________________________________________
          ____

          STAFF COMMENTS: SUSPENSE FILE. AS PROPOSED TO BE AMENDED.
          
          State law contains numerous provisions governing the sale, loan, 
          and transfer of all firearms in the state. Certain provisions 
          apply to all firearms, while others apply only to handguns. This 








          AB 809 (Feuer)
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          bill would apply the reporting and record retention requirements 
          currently in effect for handguns to long guns as well. Increased 
          workload and one-time operations and equipment costs to the 
          Department of Justice (DOJ) would be incurred to implement these 
          provisions. Costs would be paid from the DROS Account, and would 
          likely be fully recovered by fees in the future, but the 
          immediate system enhancement costs are unlikely to be recovered 
          in the same fiscal year.

          Existing law requires that persons who sell, lease, or transfer 
          firearms be licensed by California, and 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.   State law also requires 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. 
          Existing law provides that handguns are centrally registered 
          with DOJ as part of the purchase or transfer process.  

          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. DOJ is also currently required to keep and 
          properly file a complete record of all copies of fingerprints, 
          copies of licenses to carry firearms, information reported to 
          DOJ pursuant to Penal Code 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. 

          Existing law states that except as provided, the Attorney 
          General (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 








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          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. Existing law further provides that law 
          enforcement officials (including DOJ employees) 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. A violation of this 
          subdivision is a misdemeanor.

          AB 809 specifically applies to long guns those firearms 
          reporting and record retention requirements that currently apply 
          only to handguns. It also 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. The deletion of this 
          misdemeanor prohibition would take effect on January 1, 2013.  

          DOJ anticipates that AB 809 would increase DROS applicant 
          storage by approximately 250,000 transactions per year. In order 
          to comply with the January 1, 2013, implementation date required 
          under the bill, the DOJ would need additional staff effective 
          January 1, 2012, to modify, test, and implement the required 
          enhancements to the DROS application in the Consolidated 
          Firearms Information System (CFIS). The Bureau of Firearms would 
          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 development of the CFIS, DROS, and CHRIS enhancements 
          and additional software are estimated at $465,000. There will 
          also be minor, one-time storage costs. The Bureau of Firearms 
          will also incur approximately $50,000 to have the current DROS 
          system modified to capture and retain information on firearms 
          that are not handguns. Staff notes amending the bill to delay 
          implementation may reduce the costs associated with staffing 
          needs currently identified by the DOJ. 

          This bill would also expand existing reporting requirements on 
          personal firearm importers and dealers that currently apply only 
          to handguns. Specifically, this bill would expand existing 
          reporting requirements relative to bringing a firearm into the 
          state to apply to the importation of all firearms, and would 
          require firearms dealers to keep a register or record of 








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          electronic or telephonic transfers of information pertaining to 
          all firearms transactions, as specified. By expanding these 
          provisions, the violation of which is a misdemeanor, this bill 
          will result in non-reimbursable local law enforcement and 
          incarceration costs, offset to a degree by fine revenue. The 
          bill would further prohibit a personal firearm importer from 
          importing a firearm that is a .50 BMG rifle or a destructive 
          device.

          Under Penal Code section 29800, any person who has been 
          convicted of a felony, specified misdemeanors, or who is 
          addicted to the use of any narcotic drug, and who owns, 
          purchases, receives, or has in possession or under custody or 
          control any firearm is guilty of a felony. To the extent the 
          additional reporting and records retention of firearms required 
          under the provisions of this bill results in the increased 
          identification and confiscation of firearms, additional state 
          incarceration costs may be incurred. However, to the extent the 
          increased confiscation of unlawfully possessed firearms could 
          result in the prevention of future crimes, potentially 
          significant future cost savings associated with avoided 
          prosecution and extended incarceration could result.

          Prior Legislation. AB 1810 (Feuer) 2010 was substantially 
          similar to this measure and failed passage on the Senate floor.

          The author's proposed amendments extend the implementation date 
          of the provisions of the bill by one year to January 1, 2014, 
          thereby removing the need for additional DOJ resources.