BILL ANALYSIS Ó AB 809 Page 1 CONCURRENCE IN SENATE AMENDMENTS AB 809 (Feuer) As Amended August 30, 2011 Majority vote ----------------------------------------------------------------- |ASSEMBLY: |47-29|(June 2, 2011) |SENATE: |21-19|(September 8, | | | | | | |2011) | ----------------------------------------------------------------- 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. AB 809 Page 2 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 AB 809 Page 3 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. AB 809 Page 4 "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. AB 809 Page 5 Analysis Prepared by : Gabriel Caswell / PUB. S. / (916) 319-3744 FN: 0002481