BILL ANALYSIS Ó
SB 1366
Page 1
Date of Hearing: June 12, 2012
Chief Counsel: Gregory Pagan
ASSEMBLY COMMITTEE ON PUBLIC SAFETY
Tom Ammiano, Chair
SB 1366 (DeSaulnier) - As Amended: April 17, 2012
SUMMARY : Makes it a crime to fail to report the theft or loss
of a firearm he or she owns or possesses to a local law
enforcement agency within 48 hours of the time he or she knew or
reasonably should have known that the firearm was lost or
stolen. Specifically, this bill :
1)Requires, beginning January 1, 2013, every person, with
exceptions, to report the theft or loss of a firearm he or she
owns or possesses to a local law enforcement agency in the
jurisdiction in which the theft or loss occurred within 48
hours of the time he or she knew or reasonably should have
known that the firearm was lost or stolen.
2)Provides that the lost or stolen firearm reporting requirement
shall not apply to the following:
a) Any law enforcement agency or peace officer acting
within the course and scope of his or her employment or
official duties, if he or she reports the loss or theft to
his or her employing agency.
b) Any United States Marshall or member of the United
States Armed Forces of the United States or the National
Guard, while engaged in his or her official duties.
c) Any federally licensed firearms dealer or manufacturer,
as specified, who reports the loss in accordance with
specified federal law, or the successor thereto, and the
applicable federal regulations.
d) Any person whose firearm was lost or stolen prior to
January 1, 2013.
3)Provides that every person who has reported a lost or stolen
firearm, as required, shall notify the local law enforcement
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agency in the jurisdiction in which the theft or loss occurred
within 48 hours if the firearm is subsequently recovered by
the person.
4)Provides that every person who fails to report a lost or
stolen firearm, for a first violation is guilty of an
infraction punishable by a fine not to exceed $100, a second
violation is an infraction punishable by a fine not to exceed
$1,000, and a third or subsequent violation is a misdemeanor
punishable by imprisonment in a county jail not exceeding six
months, by a fine not exceeding $1,000, or by both that fine
and imprisonment.
5)Requires every sheriff or police chief to submit a description
of each firearm which has been reported lost or stolen
directly into the Department of justice (DOJ) automated
property system for firearms.
6)Requires firearms dealer to conspicuously a post a specified
warning regarding the duty to report lost or stolen firearms
in block letters not less than one inch in height.
7)States that every person reporting a lost or stolen firearm
shall report the make, model, and serial number of the
firearm, if known to the person.
8)Provides that, beginning January 1, 2013, no person shall
report to a local law enforcement agency that a firearm has
been lost or stolen, knowing the report to be false. A
violation of this section shall be a misdemeanor punishable by
imprisonment in a county jail not exceeding six months, by a
fine not exceeding $1,000, or by both that fine and
imprisonment.
EXISTING LAW :
1)Provides that any licensed firearms dealer shall report,
within 48 hours of discovery, the loss or theft of specified
firearms to the appropriate law enforcement agency in the
city, county, or city or county where the licensee's business
is located. ĘPenal Code Section 26885(b).]
2)Provides that any time a licensed firearms manufacturer
discovers that a firearm has been stolen or is missing from
the licensee's premises, the licensee shall report the loss or
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theft within 48 hours of discovery to specified law
enforcement agencies. ĘPenal Code Section 29115(a).]
3)Requires handguns to be centrally registered at time of
transfer or sale due to various transfer forms centrally
compiled by the DOJ. DOJ is required to keep a registry from
data sent to DOJ indicating who owns what handgun by make,
model, and serial number and the date thereof. ĘPenal Code
Section 11106(a) and (c).]
4)States that the DOJ must keep a centralized and computerized
list of all lost, stolen, and found serialized property
reported to DOJ. ĘPenal Code Section 11106(a).]
5)Requires each sheriff or police executive to submit
descriptions of serialized property, or non-serialized
property that has been uniquely inscribed, which has been
reported stolen, lost, found, recovered, held for safekeeping,
or under observation into the DOJ automated property system
for firearms, stolen bicycles, stolen vehicles, or other
property. ĘPenal Code Section 11108(a).]
6)Provides that if any weapon has been lost or stolen and is
thereafter from the thief, or his or her transferee, or is
used in such a manner as to constitute a nuisance because it
was unlawfully carried or used without the prior knowledge of
its lawful owner that it would be so used, it shall be
restored to the lawful owner, as soon as it soon as its use in
evidence has been completed. The lawful owner must identify
the weapon and provide proof of ownership. ĘPenal Code
Section 18005(b).]
7)Requires that any person seeking the return of a firearm in
the custody of a court or law enforcement agency must submit
specified information, including for handguns, the firearm's
make, model, caliber, barrel length, handgun type, country of
origin, and serial number. If the firearm has been reported
lost or stolen to a law enforcement agency, as specified, the
agency shall notify the owner or person entitled to possession
of the firearm. The person seeking return of the firearm
shall be subject to a background check, as specified. (Penal
Code Sections 33850 and 33855.)
8)Provides that no person shall make an application to purchase
more than one handgun within any 30 day period, unless the
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application is to replace a handgun that was lost or stolen
and the person reported that firearm lost or stolen prior to
the completion of the application to purchase to any local law
enforcement agency of the city, county, or city and county in
which the person resides. ĘPenal Code Sections 27355 (a) and
(b)(11).]
FISCAL EFFECT : Unknown
COMMENTS :
1)Author's Statement : According to the author, "Currently,
seven states, the District of Columbia, and nine cities in
California require firearm owners to report to law enforcement
when their firearms are lost or stolen. The State of
California does not.
"Under current law, firearms dealers and manufacturers must
report any lost or stolen firearms within 48 hours, and local
law enforcement must enter reports of lost or stolen firearms
into the state's Automated Property System database. However,
firearm owners whose guns are lost or stolen are not required
to do anything. As a result, law enforcement efforts to
investigate gun crimes and disarm dangerous criminals are
significantly hindered.
"The public overwhelmingly supports laws requiring the reporting
of lost or stolen firearms. A nationwide poll in 2011 found
that 94% of Americans surveyed, including 94% of gun owners,
favor laws to require the reporting of lost or stolen
firearms.
"SB 1366 requires that, beginning January 1, 2013, every person
whose firearm is lost or stolen must notify local law
enforcement within 48 hours of the time the person knew or
reasonably should have known that the firearm had been lost or
stolen."
2)Governor's Veto : SB 59 (Lowenthal), of the 2005-06
Legislative Session, was similar to this bill and was vetoed
by Governor Schwarzenegger. The Governor's veto message
stated, "While I share the Legislatures concern about the
criminal use of lost or stolen weapons, the ambiguous manner
in which this bill was written would make compliance with the
law confusing for legitimate gun-owners and could result in
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cases where law-abiding citizens face criminal penalties
simply because they were the victim of a crime, which is
particularly troubling given the unproven results of other
jurisdictions in California that have passed similar measures.
"In addition, this bill may have undesirable legal consequences
as it allows local governments to pass ordinances that differ
from State law, thereby leaving law-abiding citizens with the
task of navigating through a maze of different or conflicting
local laws depending upon the jurisdiction they are in. A
patchwork of inconsistent local ordinances creates compliance
and enforcement problems that erode the State's ability to
effectively regulate handguns statewide."
3)Argument in Support : According to the California Chapters of
the Brady Campaign to Prevent Gun Violence , "Senate Bill 1366
seeks to curb gun trafficking and the flow of firearms into
the illegal market on California's streets of into Mexico. A
lost or stolen reporting requirement would provide a tool for
the identification and prosecution of 'straw purchasers'
(individuals who purchase firearms illegally resell to persons
prohibited by law from purchasing firearms or possessing
firearms, such as criminals, gang members, or minors). When
crime guns are traced to 'straw purchasers', they falsely
claim that the firearm was lost or stolen. The lack of a
reporting requirement enables gun traffickers to shield their
criminal activity and continue to divert guns into the illegal
market. Similarly, a reporting requirement would assist in
the identification and prosecution of armed criminals who
falsely claim that a crime gun traced to them was lost or
stolen when in fact they used the gun in a crime. The lack of
a reporting requirement enables armed criminals to evade
apprehension and continue to threaten public safety."
4)Argument in Opposition : According to the National Rifle
Association , "Senate Bill 1366 places firearms owners in
jeopardy of prosecution for becoming a victim of a crime. The
passage of SB 1366 would place criminal liability on the
firearms owner regardless of whether they knew their firearm
was stolen, if law enforcement think they 'should have known'
it was stolen.
"Firearms owners typically report stolen firearms, but the
criminal penalties of SB 1366 forces crime victims to decline
to cooperate with police if a stolen firearm is recovered. A
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firearms owner who was not aware of the legal requirement to
report the loss or theft of a firearms and who is contacted by
police investigating a crime faces possible criminal
prosecution for failing to report that the firearm stolen or
missing. Such an owner will need to hire a lawyer, who will
advise him to remain silent while immunity is negotiated,
rather than quickly supplying police information they need to
properly and promptly investigate the crime, which may be time
sensitive."
5)Prior Legislation :
a) AB 334 (Levine), of the 2007-08 Legislative Session,
would have made it an infraction to fail to report the loss
of any handgun, owned or possessed, to law enforcement.
This provision was deleted prior to enactment with other
firearms related provisions.
b) SB 59 (Lowenthal), of the 2005-06 Legislative Session,
would have made it an infraction for any person whose
handgun is stolen, or irretrievably lost, to fail to report
the theft or loss to law enforcement within five days of
the date he or she reasonably should have known of the
theft or loss. SB 59 was vetoed.
REGISTERED SUPPORT / OPPOSITION :
Support
California Chapters of the Brady Camping to Prevent Gun Violence
California Partnership to End Domestic Violence
California Probation, Parole and Correctional Association
California State Sheriffs' Association
City of Los Angeles
Legal Community Against Violence
Mayors Against Illegal Guns
Opposition
California Rifle and Pistol Association
California Sportsman's Lobby
Los Angeles District Attorney's Office
National Rifle Association of America
Outdoor Sportsmen's Coalition of California
Safari Club International
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Analysis Prepared by : Gregory Pagan / PUB. S. / (916)
319-3744