BILL ANALYSIS Ó
SENATE COMMITTEE ON PUBLIC SAFETY
Senator Loni Hancock, Chair S
2011-2012 Regular Session B
4
0
4
SB 404 (Anderson)
As Introduced February 16, 2011
Hearing date: March 29. 2011
Penal Code
SM:dl
HANDGUN SAFETY CERTIFICATE EXEMPTION
HISTORY
Source: AMVETS, Department of California
Prior Legislation: AB 2609 (Anderson) - (2010), failed passage
in Assembly Public Safety
AB 2152 (Neilson) - (2010), failed passage in
Assembly Public Safety
AB 201 (Samuelian) - (2004), failed passage in
Assembly Public Safety
AB 2081 (Briggs) - (2002), failed passage
in Assembly Public Safety
SB 1615 (Johannessen) - (2002), died in
Senate Public Safety
SB 52 (Scott) - Chap. 942, stats. 2001
SB 731 (Thompson) - Chap. 6, stats. 1992
Support: American Legion-Department of California; Vietnam
Veterans of America-California State Council
Opposition:Brady Campaign to Prevent Gun Violence; Legal
Community Against Violence
KEY ISSUES
(More)
SB 404 (Anderson)
PageB
SHOULD THE CURRENT EXEMPTION FROM THE HANDGUN SAFETY CERTIFICATE
REQUIREMENT THAT APPLIES TO ANY ACTIVE OR HONORABLY RETIRED
MEMBER OF THE MILITARY, AS SPECIFIED, BE EXPANDED TO EXEMPT ANY
HONORABLY DISCHARGED MEMBER OF THE MILITARY, AS SPECIFIED?
(CONTINUED)
SHOULD LICENSED FIREARMS DEALERS BE REQUIRED, AT THE TIME A FIREARM
IS DELIVERED TO THE PURCHASER, TO PROVIDE TO EVERY HANDGUN PURCHASER
WHO IS EXEMPTED FROM POSSESSING A HANDGUN SAFETY CERTIFICATE, AS
SPECIFIED, A COPY OF THE INSTRUCTION MANUAL ON HANDGUN SAFETY,
PUBLISHED BY THE DEPARTMENT OF JUSTICE, (DOJ) AS SPECIFIED?
SHOULD THE REQUIREMENT BE DELETED THAT FIREARMS DEALERS POST ALL
CHARGES REQUIRED BY GOVERNMENT AGENCIES AND ALL FEES CHARGED BY THE
DEALER IN CONNECTION WITH FIREARMS SAFETY CERTIFICATES, AND THAT
THEY MAY NOT MISSTATE THOSE AMOUNTS, AS SPECIFIED?
PURPOSE
The purpose of this bill is to (1) expand the exemption from the
handgun safety certificate requirement that currently applies to
any active or honorably retired member of the military, as
specified, to include any honorably discharged member of the
military, as specified; (2) require licensed firearms dealers,
at the time a firearm is delivered to the purchaser, to provide
to every handgun purchaser who is exempted from possessing a
handgun safety certificate, as specified, a copy of the
instruction manual on handgun safety, published by the
Department of Justice, as specified; and (3) delete the
requirement that firearms dealers post all charges required by
government agencies and all fees charged by the dealer in
connection with firearms safety certificates, and that they may
not misstate those amounts, as specified.
(More)
SB 404 (Anderson)
PageC
Current law provides that no person shall do either of the
following:
Purchase or receive any handgun, except an antique
firearm, without a valid handgun safety certificate.
Sell, deliver, loan, or transfer any handgun, except an
antique firearm, to any person who does not have a valid
handgun safety certificate.
Any person who violates subdivision (a) is guilty of a
misdemeanor, punishable by up to 6 months in county jail, a
fine of up to $1,000, or both. (Penal Code section
31615.)<1>
Current law requires the license applicant to complete and pass
a written test prescribed by the DOJ and administered by an
instructor certified by DOJ. The test shall include:
The laws applicable to carrying and handling firearms,
particularly handguns;
The responsibilities of ownership of firearms,
particularly handguns;
Current law as it relates to the sale and transfer of
firearms laws;
Current law as it relates to the permissible use of
lethal force;
What constitutes safe firearm storage;
Risks associated with bringing handguns into the home;
and,
Prevention strategies to address issues associated with
bringing firearms into the home. (Penal Code section
31640.)
Current law exempts an honorably retired member of the United
States Armed Forces, the National Guard, the Air National Guard,
or active reserve components of the United States from having to
---------------------------
<1> SB 1080, Chap. 711, Stats. 2010, recast and renumbered most
statutes relating to deadly weapons without any substantive
change to those statutes. Those changes will become operative
January 1, 2012. All references to affected code sections will
be to the revised version unless otherwise indicated.
(More)
SB 404 (Anderson)
PageD
obtain a handgun safety certificate in order to purchase a
handgun. (Penal Code Section 31700(a)(1).)
Current law provides that the Department of Justice shall
develop handgun safety certificates to be issued by instructors
certified by the department, to those persons who have complied
with specified requirements. A handgun safety certificate shall
include, but not be limited to, the following information:
A unique handgun safety certificate identification
number.
The holder's full name.
The holder's date of birth.
The holder's driver's license or identification number.
The holder's signature.
The signature of the issuing instructor.
The date of issuance.
The handgun safety certificate shall expire five years after the
date that it was issued by the certified instructor. (Penal
Code section 31655.)
Current law requires licensed firearms dealers to post
conspicuously within the licensed premises a detailed list of
each of the following:
All charges required by governmental agencies for processing
firearm transfers required by:
Section 12806,
Chapter 5 (commencing with Section 28050), and
Article 3 (commencing with Section 28200) of Chapter 6.
All fees that the licensee charges pursuant to:
Section 12806 and
Chapter 5 (commencing with Section 28050).
Current law states that licensed firearms dealers shall not
misstate the amount of fees charged by a governmental agency
(More)
SB 404 (Anderson)
PageE
pursuant to:
Section 12806,
Chapter 5 (commencing with Section 28050), and
Article 3 (commencing with Section 28200) of Chapter 6.
(Penal Code section 26880.)
This bill would expand the exemption from the handgun safety
certificate requirement that currently applies to any active or
honorably retired member of the military, as specified, to
include any honorably discharged member of the military, as
specified.
This bill would require licensed firearms dealers, at the time a
firearm is delivered to the purchaser, to provide to every
handgun purchaser who is exempted from possessing a handgun
safety certificate, as specified, a copy of the instruction
manual on handgun safety, published by the DOJ, as specified.
This bill would delete the requirement that firearms dealers
post all charges required by government agencies and all fees
charged by the dealer in connection with firearms safety
certificates, and may not misstate those amounts, as specified.
RECEIVERSHIP/OVERCROWDING CRISIS AGGRAVATION
For the last several years, severe overcrowding in California's
prisons has been the focus of evolving and expensive litigation.
As these cases have progressed, prison conditions have
continued to be assailed, and the scrutiny of the federal courts
over California's prisons has intensified.
On June 30, 2005, in a class action lawsuit filed four years
earlier, the United States District Court for the Northern
District of California established a Receivership to take
control of the delivery of medical services to all California
state prisoners confined by the California Department of
Corrections and Rehabilitation ("CDCR"). In December of 2006,
plaintiffs in two federal lawsuits against CDCR sought a
(More)
SB 404 (Anderson)
PageF
court-ordered limit on the prison population pursuant to the
federal Prison Litigation Reform Act. On January 12, 2010, a
three-judge federal panel issued an order requiring California
to reduce its inmate population to 137.5 percent of design
capacity -- a reduction at that time of roughly 40,000 inmates
-- within two years. The court stayed implementation of its
ruling pending the state's appeal to the U.S. Supreme Court.
On Monday, June 14, 2010, the U.S. Supreme Court agreed to hear
the state's appeal of this order and, on Tuesday, November 30,
2010, the Court heard oral arguments. A decision is expected as
early as this spring.
In response to the unresolved prison capacity crisis, in early
2007 the Senate Committee on Public Safety began holding
legislative proposals which could further exacerbate prison
overcrowding through new or expanded felony prosecutions.
This bill does not appear to aggravate the prison overcrowding
crisis described above.
COMMENTS
1.Need for This Bill
According to the author:
Senate Bill 404 will re-instate honorably discharged veterans
as part of the group of those who are exempt from obtaining
the Handgun Safety Certificate (HSC), which California
requires to purchase a handgun. Honorably discharged veterans
used to be exempt; however, they were inadvertently left out
of the list of exempt groups when the entire California
handgun law was updated with the contingent enactment of SB 52
and AB 35, signed into law in 2001.
At that time, the term "honorably retired" was inserted in
place of the old veterans exemption. However, there is no
such thing as an "honorably retired" veteran, and furthermore
(More)
SB 404 (Anderson)
PageG
the word "retired" does not apply to most veterans. Senate
Bill 404 will simply reinstate honorably discharged veterans
as one of the groups of people who are exempt from obtaining
the HSC because they have already learned the safe handling of
firearms far beyond the basic level that the HSC requires of
the average citizen.
California's veterans have honorably served our country. Part
of that service is training in basic handgun safety. Much of
that training is in a large variety of various other weapons
and weapon systems, and safety is the cornerstone of all
weapons' use. The training and discipline that soldiers,
sailors, and airmen receive more than qualifies them to meet
the requirements of the HSC, and Senate Bill 404 restores that
understanding to its rightful place in the code.
2. History of SB 52 - Military Exemption
Proponents of the bill point out that it reinstates an exemption
for all honorably discharged veterans that existed in the law
prior to 2001 under the old Basic Firearms Safety and
Certificate Program. The law prior to 2001 did exempt all
honorably discharged veterans from obtaining a Basic Firearms
Safety Certificate and under the new Handgun Safety Licensing
Program, enacted by SB 52, that exemption was narrowed to
include only honorably retired veterans. Legislative history
indicates that narrowing of the exemption was not inadvertent.
SB 52 (Scott), Chapter 942, Statutes of 2001, repealed the Basic
Firearms Safety and Certificate Program and replaced that
program with the more stringent Handgun Safety Licensing
Program. SB 52 provided that, effective January 1, 2003, no
person may purchase, transfer, receive, or sell a handgun
without a Handgun Safety Certificate (HSC). As introduced, SB
52 contained no exemption for retired or discharged veterans.
SB 52 was amended April 5, 2001 to include an exemption to the
HSC requirement for active military and military reserve
personnel. SB 52 was amended again on June 4, 2001 and added
honorably retired members of the military to the military
exemption provision. The much broader category of all honorably
(More)
SB 404 (Anderson)
PageH
discharged members of the military was never included in the
military exemption contained in SB 52.
The fact that SB 52 intended to narrow such exemptions is
further evidenced by the fact that SB 52 also removed the
exemption for others who had been exempt from the old Basic
Firearms Safety Certificate requirement. For example, under the
old Basic Firearms Safety and Certificate Program, anyone
holding a valid hunting license or who completed a hunter safety
course was exempt from the requirement. Both of those
exemptions were eliminated by SB 52. Legislative history
strongly suggests that SB 52 was intended to tighten the
exemptions from this requirement.
AB 35 (Shelley) Chap. 940, Stats. of 2001 was identical to SB 52
and was chaptered out by the enactment of SB 52. AB 35 also did
not include an exemption for all honorably discharged veterans,
but limited that exemption to honorably retired veterans.
WAS THE NARROWING OF THE VETERANS EXEMPTION FROM THE HANDGUN
SAFETY LICENSING PROGRAM INTENTIONAL?
SHOULD ALL HONORABLY DISCHARGED MEMBERS OF THE MILITARY BE
EXEMPT FROM OBTAINING A HANDGUN SAFETY CERTIFICATE WHEN
PURCHASING A HANDGUN?
3. Does Military Service Obviate the Need for a Handgun Safety
Certificate ?
As noted above, SB 52 created the Handgun Safety Licensing
Program, which requires all handgun purchasers in California to
complete and pass a written test prescribed by the DOJ and
administered by an instructor certified by DOJ. The test must
include:
The laws applicable to carrying and handling firearms,
particularly handguns;
The responsibilities of ownership of firearms,
particularly handguns;
Current law as it relates to the sale and transfer of
(More)
SB 404 (Anderson)
PageI
firearms laws;
Current law as it relates to the permissible use of
lethal force;
What constitutes safe firearm storage;
Risks associated with bringing handguns into the home;
and,
Prevention strategies to address issues associated with
bringing firearms into the home. (Penal Code section
31640.)
While members of the military are trained in the use of
firearms, members may wish to consider whether that training
could reasonably be expected to include the same subjects
covered in the Handgun Safety Licensing Program.
DOES MILITARY TRAINING IN THE USE OF FIREARMS INCLUDE THE SAME
SUBJECTS AS CALIFORNIA'S HANDGUN SAFETY LICENSING PROGRAM?
4. Prior Legislation
AB 2152 (Nielsen) of the 2009-2010 Legislative Session,
similarly would have exempted honorably discharged veterans from
having to obtain a HSC in order to purchase a handgun. AB 201
failed passage in the Assembly Public Safety Committee.
AB 2609 (Anderson), of the 2009-2010 Legislative Session,
similarly would have exempted honorably discharged veterans from
having to obtain a HSC in order to purchase a handgun. AB 201
failed passage in the Assembly Public Safety Committee.
AB 201 (Samuelian), of the 2003-2004 Legislative Session,
similarly would have exempted honorably discharged veterans from
having to obtain a HSC in order to purchase a handgun. AB 201
failed passage in the Assembly Public Safety Committee.
AB 2081 (Briggs), of the 2001-2002 Legislative Session,
similarly would have exempted an honorably discharged veterans
from having to obtain a HSC in order to purchase a handgun. AB
2081 failed passage in the Assembly Public Safety Committee.
(More)
SB 404 (Anderson)
PageJ
SB 1615 (Johannessen), of the 2001-2002 Legislative Session,
would have similarly exempted an honorably discharged veterans
from having to obtain a HSC in order to purchase a handgun. SB
1615 was not heard by the Senate Public Safety Committee.
5. Argument in Support
AMVETS, Department of California, the American Legion-Department
of California and the Vietnam Veterans of America-California
State Council state:
This bill will exempt honorably discharged members of the
United States Armed Forces, Notional Guard or Air National
Guard from obtaining a handgun safety certificate prior to
purchasing a handgun. Under current law this exemption only
applies to honorably retired members of these services.
Previously state law exempted veterans from obtaining a
handgun safety certificate. This exemption was inadvertently
chaptered out when the law was changed. We believe that this
exemption should be enacted back into law.
(More)
6. Argument in Opposition
The Brady Campaign to Prevent Gun Violence states:
The presumed rationale for SB 404 is that veterans receive
firearms training in the military and therefore the material
covered by the Handgun Safety Certificate would be redundant.
Military training does not cover the subject areas Ý ] and
therefore does not substitute for a Handgun Safety
Certificate. Providing potential handgun purchasers with a
copy of the handgun safety manual is helpful but in no way
ensures that the purchaser will ever read and commit to memory
the material.
To exempt a veteran from the Handgun Safety Certificate would
be the same as exempting a veteran from having to obtain a
driver's license on the grounds that they once drove motor
vehicles while in the military and then mitigating by
providing a copy of the DMV drivers manual.
The California Department of Veterans Affairs reports that
there are over two million veterans in California. The
proposed exemption for honorably discharged veterans from
the Handgun Safety Certificate requirement would create an
unacceptably large pool of exempt individuals. The
legislature created the requirement on the belief that
personal and public safety is best served if individuals
buying handguns have knowledge of the relevant law and safe
operation of their firearm. There should be no exemption
for veterans, including the existing exemptions.
Accordingly, we urge your NO vote on SB 404.
***************
(More)