BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                  AB 809
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          CONCURRENCE IN SENATE AMENDMENTS
          AB 809 (Feuer)
          As Amended  August 30, 2011
          Majority vote
           
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          |ASSEMBLY:  |47-29|(June 2, 2011)  |SENATE: |21-19|(September 8,  |
          |           |     |                |        |     |2011)          |
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           Original Committee Reference:    PUB. S.  

           SUMMARY  :  Applies the same regulations relating to the reporting 
          and retention of records for handguns to long guns, as 
          specified.  

           The Senate amendments :

          1)Prohibit a "personal firearm importer" from importing a 
            firearm that is a .50 Browning Machine Gun rifle or a 
            destructive device.

          2)Change the implementation of this legislation from January 1, 
            2013, to January 1, 2014.

           EXISTING LAW  :

          1)Provides that no person shall sell, lease, or transfer 
            firearms unless he or she has been issued a state firearms 
            dealer's license.  A violation is a misdemeanor (punishable by 
            up to one year in county jail).  

          2)Provides for specified exemptions including commercial 
            transactions among licensed wholesalers, importers, and 
            manufacturers.  

          3)States that handguns are centrally registered with DOJ as part 
            of this process.  A violation of these handgun 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.  The alternate 
            felony/misdemeanor provisions that are treated as felonies are 
            offenses which presumptively mandate a state prison sentence.  










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          4)Allows DOJ to charge the dealer for a number of costs such as 
            a dealer record of sale (DROS).  

          5)Exempts from the requirement (that sales, loans and transfers 
            of firearms be conducted through a dealer or local law 
            enforcement agency) transactions with authorized peace 
            officers, certain operation of law transactions, and 
            intra-familial firearms transactions.  However, all these 
            exempt transactions are subject to handgun registration as a 
            condition of the exemption.  

          6)Provides that, on request, DOJ will register transactions 
            relating to handguns Ýindeed all firearms] in the Automated 
            Firearm System (AFS) Unit for persons who are exempt from 
            dealer processing, or are otherwise exempt by statute from 
            reporting processes.  
           
          AS PASSED BY THE ASSEMBLY  , this bill applied the same 
          regulations relating to the reporting and retention of records 
          for handguns to long guns, as specified.  Specifically,  this 
          bill  :

          1)Conformed 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.

          2)Deleted the prohibition on peace officers, Department of 
            Justice (DOJ) employees, and the Attorney General (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, 2013.  

          3)Expanded 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, 2013, "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.

          4)Deleted a provision under existing law wherein DOJ requires 
            firearms dealers to keep a register or record of electronic or 








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            telephonic transfers of information pertaining to firearms 
            transactions, as specified.  Existing law exempts from these 
            requirements certain transactions involving firearms that are 
            not handguns.  The deletion of this provision occurs on 
            January 1, 2013.  

          5)Made conforming changes to the code to reference "firearms" in 
            lieu of "handguns."

           FISCAL EFFECT  :   According to the Senate Appropriations 
          Committee:

                            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
           
          COMMENTS  :   According to the author, "Ýl]ong guns (rifles and 
          shotguns) play a significant role in our gun violence epidemic.  
          Of the 26,682 crime guns entered into the AFS database in 2009, 
          11,500 were long guns.  DOJ sweeps to seize illegally possessed 
          firearms have uncovered roughly equal numbers of illegal 
          handguns (2,143) and long guns (2,019).  In 2010, Californians 
          purchased 260,573 long guns, significantly more than the 233,346 
          handguns acquired in the same time period.








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          "In 2006, 3,345 people died from firearm-related injuries in 
          California and an additional 4,491 people were hospitalized for 
          non-fatal gunshot wounds.  Moreover, between 2005 and 2009, DOJ 
          designated 84,123 firearms as crime guns in the AFS database.  

          "Law enforcement efforts to investigate and prosecute gun crimes 
          are aided by the AFS database, which contains records of all 
          handgun transfers.  However, state law requires that records of 
          long gun sales be  destroyed  by DOJ.

          "AB 1810 would stop the needless destruction of long gun 
          records, which prevents law enforcement from using this 
          information to quickly identify the owners of crime guns and 
          expose channels of illegal gun trafficking.  Without these long 
          gun records, law enforcement must painstakingly trace a 
          recovered firearm from the manufacturer, through the 
          distributor, to the firearms dealer who sold the weapon to the 
          last known purchaser.  AB 1810 would also ensure the integrity 
          of long gun records by removing reporting and recordkeeping 
          exemptions that currently apply to certain long gun transfers.

          "Another significant benefit of long gun record retention is 
          that it would protect law enforcement officers who must respond 
          to emergency calls at private residences.  Officers currently 
          could use the AFS database to check whether a person at a 
          residence may own any handguns, but they have no way of knowing 
          whether that person may own any long guns.  This information gap 
          puts law enforcement at needless risk.

          "Finally, long gun record retention would assist law enforcement 
          in identifying all firearms - not just handguns - owned by 
          persons who are prohibited by law from possessing guns.  These 
          critical records would help law enforcement facilitate firearm 
          relinquishment by dangerous felons and others who have been 
          convicted of crimes which render them ineligible to possess 
          firearms.

          "Long gun record retention would not adversely impact 
          law-abiding citizens, but would provide important benefits to 
          law enforcement."

          Please see the policy committee analysis for a full discussion 
          of this bill.
           








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          Analysis Prepared by  :    Gabriel Caswell / PUB. S. / (916) 
          319-3744 


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