BILL ANALYSIS Ó
------------------------------------------------------------
|SENATE RULES COMMITTEE | AB 809|
|Office of Senate Floor Analyses | |
|1020 N Street, Suite 524 | |
|(916) 651-1520 Fax: (916) | |
|327-4478 | |
------------------------------------------------------------
THIRD READING
Bill No: AB 809
Author: Feuer (D)
Amended: 8/30/11 in Senate
Vote: 21
SENATE PUBLIC SAFETY COMMITTEE : 5-1, 6/21/11
AYES: Hancock, Calderon, Liu, Price, Steinberg
NOES: Anderson
NO VOTE RECORDED: Harman
SENATE APPROPRIATIONS COMMITTEE : 6-3, 8/25/11
AYES: Kehoe, Alquist, Lieu, Pavley, Price, Steinberg
NOES: Walters, Emmerson, Runner
ASSEMBLY FLOOR : 47-29, 6/2/11 - See last page for vote
SUBJECT : Firearms
SOURCE : California Chapters of the Brady Campaign to
Prevent
Gun Violence
Legal Community Against Gun Violence
DIGEST : This bill, commencing January 1, 2014, (1)
conforms requirements for reporting and record retention
involving the transfer of long guns with those of handguns;
(2) repeals the prohibition on peace officers, Department
of Justice employees, and the Attorney General from
retaining or compiling records of long gun transfers; (3)
expands the requirement for a personal handgun importer to
CONTINUED
AB 809
Page
2
report certain information relative to bringing a handgun
into the state, as specified; (4) expands the reporting
requirements to apply to the importation of long guns; and
(5) expands requirements for firearms dealers to keep a
register or record of information pertaining to firearms
transactions to include information pertaining to
transactions involving all guns.
ANALYSIS : 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. (Penal Code Section 27545 .)
Existing law provides that there is a 10-day waiting period
when purchasing a firearm through a firearms dealer.
During which time, a background check is conducted and, if
the firearm is a handgun, a handgun safety certificate is
required prior to delivery of the firearm. (Penal Code
Sections 26815, 26840(b) and 27540.)
Existing law requires a person bringing a handgun into
California or a handgun acquired outside of California who
did not receive the gun from a California licensed gun
dealer, to register the gun with the Department of Justice
(DOJ) by mailing a form. (Penal Code Section 27560.)
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 the DOJ.
(Penal Code Section 27565.)
Existing law provides that handguns are centrally
registered with DOJ as part of this process. A violation
of these 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. (Penal Code Section 27590.)
Existing law permits DOJ to require firearms dealers to
charge firearms purchasers specified fees for a number of
specified costs. (Penal Code Section 28225(a)(c).)
Existing law provides that handguns are centrally
CONTINUED
AB 809
Page
3
registered at time of transfer, importation or sale.
(Penal Code 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. (Penal Code
Sections 30000 - 30010.)
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.
(Penal Code 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.
(Penal Code 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
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. (Penal Code
Section 11108.3(a).)
Existing law states when the 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. (Penal
CONTINUED
AB 809
Page
4
Code 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
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. (Penal Code 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. (Penal Code Section 11106(b)(1).)
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. (Penal Code Section
11106(b)(2).) A violation of this subdivision is a
misdemeanor. (Penal Code Section 11106(b)(3).)
Existing law states that notwithstanding Penal Code Section
CONTINUED
AB 809
Page
5
11106, the 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. (Penal Code Section 33890.)
This bill conforms reporting and record retention
provisions in order that transfers and information
reporting and retention requirements for handguns and
firearms other than handguns are the same.
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
January 1, 2014.
This bill expands the requirement for a personal handgun
importer to report certain information relative to bringing
a handgun into the state, as specified. A violation of
these provisions is a misdemeanor. On January 1, 2014,
"personal handgun importer" shall be redefined as a
"personal firearm importer," as defined, and expands the
reporting requirements to apply to the importation of
firearms that are not handguns.
This bill expands a provision under existing law wherein
DOJ requires firearms dealers to keep a register or record
of electronic or telephonic transfers of information
pertaining to firearms transactions, as specified.
Existing law exempts from these requirements certain
transactions involving firearms that are not handguns.
This bill would require that, effective January 1, 2014,
the register include information pertaining to transactions
involving all guns.
This bill makes conforming changes to the code to reference
"firearms" in lieu of "handguns."
CONTINUED
AB 809
Page
6
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: Yes
According to the Senate Appropriations Committee:
Fiscal Impact (in thousands)
Major Provisions 2011-12 2012-13 2013-14
Fund
CFIS, DROS, CHRISOne-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 law
Local
enforcement and incarceration costs
offset to a degree by fine revenue
Increased confiscation ofUnknown; potential state
incarceration General
firearms costs as well as potentially
significant
future cost savings in avoided
prosecution
*Dealer Record of Sale (DROS) Special Account
SUPPORT : (Verified 8/30/11)
CA Chapters of the Brady Campaign to Prevent Gun Violence
(co-source)
Legal Community Against Gun Violence (co-source)
AltaMed Health Services
California Chapters of the Brady Campaign to Prevent Gun
Violence
California Partnership to End Domestic Violence
Central California Brady Campaign Chapter
Chief Adolfo Gonzales, National City
CONTINUED
AB 809
Page
7
Chief Anthony W. Batts, City of Oakland
Chief Blair Ulring, City of Stockton
Chief Bradley Ramos, City of Indio
Chief Cam Sanchez, City of Santa Barbara
Chief Charlie Beck, City of Los Angeles
Chief Christopher W. Boyd, City of Citrus Heights
Chief Craig Steckler, City of Fremont
Chief Dan Bellini, City of Woodland
Chief Dan Drummond, City of West Sacramento
Chief David Bejarano, City of Chula Vista
Chief Gary Peterson, City of Martinez
Chief Hugo Rodriguez, City of Brawley
Chief Jeffrey C. Kirkpatrick, City of Seal Beach
Chief Jeri Williams, City of Oxnard
Chief Jerry Dyer, City of Fresno
Chief Jim McGinley, City of El Centro
Chief Joel H. Bryden, City of Walnut Creek
Chief Joseph M. Kreins, City of Novato
Chief Ken Cooney, City of Ventura
Chief Ken James, City of Emeryville
Chief Kevin Vogel, City of Santa Cruz
Chief Kim J. Raney, City of Covina
Chief Landy Black, City of Davis
Chief Matthew C. Odetto, City of San Rafael
Chief Michael Maloney, City of Chico
Chief Michael Meehan, City of Berkeley
Chief Paul Cooper, City of Claremont
Chief Paul Walters, City of Santa Ana
Chief Peter Dunbar, City of Pleasant Hill
Chief Rick Braziel, City of Sacramento
Chief Ron Ace, City of Hayward
Chief Sylvia M. Moir, City of El Cerrito
Chief Vicki L. H. Myers, City of Seaside
Chief Walter Tibbet. City of Fairfield
City of Los Angeles
Coalition Against Gun Violence, Santa Barbara County
Coalition
Contra Costa County Brady Campaign Chapter
Fellowship of Reconciliation, Task Force on Latin America
Friends Committee on Legislation of California
Lancaster Brady Campaign Chapter
Legal Community Against Violence
Long Beach Brady Campaign Chapter
Los Angeles Brady Campaign Chapter
CONTINUED
AB 809
Page
8
Mayor Antonio R. Villaraigosa, City of Los Angeles
Mt. Diablo Peace & Justice Center
Napa County Brady Campaign Chapter
Nevada County Brady Campaign Chapter
Oakland/Alameda County Brady Campaign Chapter
Orange County Brady Campaign Chapter
Sacramento Valley Brady Campaign Chapter
San Diego County Brady Campaign Chapter
San Fernando Valley Brady Campaign Chapter
San Francisco Brady Campaign Chapter
Santa Clara & San Mateo Counties Brady Campaign Chapter
Sheriff Lee Baca, Los Angeles County
Sonoma County Brady Campaign
St. Mark Presbyterian Church
Ventura County Brady Campaign Chapter
Violence Prevention Coalition of Greater Los Angeles
Violence Prevention Coalition of Orange County
Women Against Gun Violence
Youth Alive!
OPPOSITION : (Verified 8/30/11)
California Outdoor Heritage Alliance
California Sportsman's Lobby, Inc.
California Association of Firearm Dealers
Crossroads of the West
National Rifle Association of America
National Shooting Sports Foundation, Inc.
Outdoor Sportsmen's Coalition of California
Responsible Citizens of California
Safari Club International
Sheriff Stanley Smith, Riverside County
Sheriff Tom Bosenko, Shasta County
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 the rightful owners.
"Assembly Bill 809 would close the loophole in state law by
removing existing exceptions that require the destruction
CONTINUED
AB 809
Page
9
of long gun sales and transfer records and require all
firearms, including long guns, are input into AFS. 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 firepower and
their 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 National Rifle Association
states, "Firearms owners know that criminals will never
register their illegally possessed guns and, in fact, the
U.S. Supreme Court ruled in Haynes v. U.S. (309 U.S. 85
(1968)) that since felons are prohibited from owning
firearms, compelling them to register them would violate
their 5th Amendment rights against self-incrimination. Gun
owners know further that the registration and licensing of
America's 60-65 million gun owners and their estimated 230
million firearms would require creation of a huge
bureaucracy at tremendous taxpayer cost, without any
tangible anti-crime benefit. Ý ]
"Gun registration is, of course, hardly new, and neither
are its widely recognized dangers. In 1975, U.S. Sen.
James A. McClure (R-ID) said: "Gun registration is the
first step toward ultimate and total confiscation, the
first step in a complete destruction of a cornerstone of
our Bill of Rights." When Sen. McClure sponsored the
Firearms Owners' Protection Act (1986), he made sure that
it included a prohibition against the federal government
keeping a national registry of gun owners. Similar
prohibitive language appears in the Brady Act and in annual
appropriations bills.
"Others recognize gun registration's inherent purpose. In
1975 testimony before the House Subcommittee on Crime,
CONTINUED
AB 809
Page
10
anti-gun advocate Charles Morgan, director of the
Washington, D.C., office of the American Civil Liberties
Union stated: "I have not one doubt, even if I am in
agreement with the National Rifle Association, that that
kind of record-keeping procedure is the first step to
eventual confiscation under one administration or another."
ASSEMBLY FLOOR :
AYES: Alejo, Allen, Ammiano, Atkins, Beall, Block,
Blumenfield, Bonilla, Bradford, Brownley, Buchanan,
Butler, Charles Calderon, Campos, Carter, Cedillo, Davis,
Dickinson, Eng, Feuer, Fong, Fuentes, Furutani, Galgiani,
Gordon, Hayashi, Roger Hernández, Hill, Huffman, Lara,
Bonnie Lowenthal, Ma, Mendoza, Mitchell, Monning, Pan,
Perea, V. Manuel Pérez, Portantino, Skinner, Solorio,
Swanson, Torres, Wieckowski, Williams, Yamada, John A.
Pérez
NOES: Achadjian, Bill Berryhill, Conway, Cook, Donnelly,
Fletcher, Beth Gaines, Garrick, Gatto, Grove, Hagman,
Halderman, Harkey, Huber, Jeffries, Jones, Knight, Logue,
Mansoor, Miller, Morrell, Nestande, Nielsen, Norby,
Olsen, Silva, Smyth, Valadao, Wagner
NO VOTE RECORDED: Chesbro, Gorell, Hall, Hueso
RJG:do 8/31/11 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
**** END ****
CONTINUED