BILL ANALYSIS Ó ------------------------------------------------------------ |SENATE RULES COMMITTEE | AB 1559| |Office of Senate Floor Analyses | | |1020 N Street, Suite 524 | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ------------------------------------------------------------ THIRD READING Bill No: AB 1559 Author: Portantino (D) Amended: 6/15/12 in Senate Vote: 21 SENATE PUBLIC SAFETY COMMITTEE : 7-0, 6/26/12 AYES: Hancock, Anderson, Calderon, Harman, Liu, Price, Steinberg SENATE APPROPRIATIONS COMMITTEE : 5-2, 8/16/12 AYES: Kehoe, Alquist, Lieu, Price, Steinberg NOES: Walters, Dutton ASSEMBLY FLOOR : 72-0, 5/3/12 (Consent) - See last page for vote SUBJECT : Firearms SOURCE : Author DIGEST : This bill (1) clarifies that permits issued by the Department of Justice (DOJ) for the manufacture, possession, or use, as specified, of a short-barreled rifle or short-barreled shotgun solely as a prop for a motion picture, television, or video production or entertainment event may allow for the importation of these weapons for these uses, (2) deletes the existing requirement for the DOJ to charge a reduced fee for the second and subsequent handguns in a single transaction on the same date, and effective January 1, 2014, the requirement to charge a CONTINUED AB 1559 Page 2 reduced fee for any firearm, including long-guns, in a single transaction on the same date, and (3) effective January 1, 2014, provides that only one fee shall be charged for a single transaction on the same date and time for taking title or possession of any number of firearms. ANALYSIS : Existing law provides that, except as expressly provided in Sections 33215 to 33225, inclusive, and in Chapter 1 (commencing with Section 17700) of Division 2 of Title 2, and solely in accordance with those provisions, no person may manufacture, import into this state, keep for sale, offer for sale, give, lend, or possess any short-barreled rifle or short-barreled shotgun. Nothing else in any provision listed in Section 16580 shall be construed as authorizing the manufacture, importation into the state, keeping for sale, offering for sale, or giving, lending, or possession of any short-barreled rifle or short-barreled shotgun. (Penal Code § 33210.) Existing law provides that, except as provided in Sections 33220 and 33225 and in Chapter 1 (commencing with Section 17700) of Division 2 of Title 2, any person in this state who manufactures or causes to be manufactured, imports into the state, keeps for sale, or offers or exposes for sale, or who gives, lends, or possesses any short-barreled rifle or short-barreled shotgun is punishable by imprisonment in a county jail not exceeding one year or in the state prison. (Penal Code § 33215.) Existing law states that section 33215 does not apply to the manufacture, possession, transportation, or sale of a short-barreled rifle or short-barreled shotgun, when authorized by the Department of Justice pursuant to Article 2 (commencing with Section 33300) and not in violation of federal law. (Penal Code § 33225.) Existing law states that upon a showing that good cause exists for issuance of a permit to the applicant, and if the DOJ finds that issuance of the permit does not endanger the public safety, DOJ may issue a permit for the manufacture, possession, transportation, or sale of short-barreled rifles or short-barreled shotguns. The permit shall be initially valid for a period of one year, CONTINUED AB 1559 Page 3 and renewable annually thereafter. No permit shall be issued to a person who is under 18 years of age. (Penal Code § 33300(a).) Existing law specifies "good cause," for the purposes of this section, shall be limited to only the following: The permit is sought for the manufacture, possession, or use with blank cartridges of a short-barreled rifle or short-barreled shotgun, solely as a prop for a motion picture, television, or video production or entertainment event. The permit is sought for the manufacture of, exposing for sale, keeping for sale, sale of, importation or lending of short-barreled rifles or short-barreled shotguns to the entities by persons who are licensed as dealers or manufacturers under the specified provisions of the United States Code, as amended, and the regulations issued pursuant thereto. (Penal Code § 33300(b).) Existing law provides: Until January 1, 2014, only one fee shall be charged, as specified, for a single transaction on the same date for the sale of any number of firearms that are not handguns, or for the taking of possession of those firearms. In a single transaction on the same date for the delivery of any number of firearms that are handguns, and commencing January 1, 2014, for any firearm, the department shall charge a reduced fee pursuant to this article for the second and subsequent firearms that are part of that transaction. Only one fee shall be charged pursuant to this article for a single transaction on the same date for taking title or possession of any number of firearms pursuant to Section 26905 (dealer acquiring a firearm), 27870 (gift, bequest or inter-family transfer of handgun), 27875 (gift, bequest or inter-family transfer of long gun), 27915 (long gun, by operation of law), 27920 (handgun by operation of law), or 27925 (by operation of law by representative). (Penal Code § 28240.) CONTINUED AB 1559 Page 4 This bill amends the section allowing for DOJ to issue permits for the "manufacture, possession, or use with blank cartridges of a short-barreled rifle or short-barreled shotgun, solely as a prop for a motion picture, television, or video production or entertainment event" to clarify that these permits may allow for importation of these weapons for these uses. This bill states that these amendments do not constitute a change in, but are declaratory of, existing law. This bill provides that, beginning January 1, 2014, DOJ shall only charge one fee for a single transaction on the same date and time for taking title or possession of any number of firearms. FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes Local: No According to the Senate Appropriations Committee: No fiscal impact to the DOJ associated with the clarification of existing law with regard to the issuance of permits by the DOJ. Ongoing reduced revenue potentially in excess of $50,000 to the Dealer Record of Sale (DROS) Account (Special Fund) due to the deletion of DOJ authority under existing law to charge a reduced fee for multiple handgun purchases in a single transaction. Ongoing foregone revenue potentially in excess of $600,000 to the DROS Account (Special Fund) after January 1, 2014, due to the restriction to only one fee charged per firearms transaction, regardless of the number of firearms involved in the transaction. Comments According to the author: AB 1559 allows for the importation of short barreled rifles and short barreled shotguns for use as a prop for a motion picture, television or video production CONTINUED AB 1559 Page 5 when the DOJ issues a permit for finding good cause. For a variety of reasons the entertainment industry has been leaving the state of California in recent years to film and produce in other states. This measure is needed by the entertainment industry to ensure that they do not run into trouble with the labyrinth of laws that regulate gun ownership and gun possession in California. This measure will allow film and television production companies the ability to legally import firearms for use in their activities. We have been working with the Department of Justice and will continue to do so to make sure that safe and responsible gun laws are enacted in California. The language to be added by amendment basically states that, beginning January 1, 2014, the DOJ will only charge one DROS fee for all firearms purchased on the same date and time. DOJ can currently charge $25.00 for a handgun and $25 for all of the additional long guns that are purchased together. Most folks can only buy one handgun every thirty days. The reasoning behind charging more than one fee was that handgun information and long gun information had to be manually entered in a different manner. But, with technological advancements and upgrades that the DOJ is doing to Ýtheir] system for long gun record retention in 2014, everything will be done electronically, so it makes sense to only charge the one fee. ASSEMBLY FLOOR : 72-0, 5/3/12 AYES: Achadjian, Alejo, Allen, Ammiano, Atkins, Beall, Bill Berryhill, Block, Blumenfield, Bradford, Brownley, Buchanan, Butler, Charles Calderon, Campos, Carter, Cedillo, Chesbro, Conway, Cook, Davis, Dickinson, Donnelly, Eng, Feuer, Fong, Fuentes, Beth Gaines, Galgiani, Garrick, Gatto, Gordon, Gorell, Grove, Hagman, Halderman, Harkey, Hayashi, Hill, Huber, Hueso, Huffman, Jeffries, Knight, Lara, Logue, Bonnie Lowenthal, Ma, CONTINUED AB 1559 Page 6 Mansoor, Mendoza, Miller, Mitchell, Monning, Morrell, Nestande, Nielsen, Norby, Olsen, Pan, Perea, V. Manuel Pérez, Portantino, Silva, Skinner, Solorio, Swanson, Torres, Valadao, Wagner, Wieckowski, Yamada, John A. Pérez NO VOTE RECORDED: Bonilla, Fletcher, Furutani, Hall, Roger Hernández, Jones, Smyth, Williams RJG:n 8/20/12 Senate Floor Analyses SUPPORT/OPPOSITION: NONE RECEIVED **** END **** CONTINUED