BILL ANALYSIS Ó
AB 180
Page 1
ASSEMBLY THIRD READING
AB 180 (Bonta)
As Amended May 2, 2013
Majority vote
PUBLIC SAFETY 5-2
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|Ayes:|Ammiano, Jones-Sawyer, | | |
| |Mitchell, Quirk, Skinner | | |
| | | | |
|-----+--------------------------+-----+--------------------------|
|Nays:|Melendez, Waldron | | |
| | | | |
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SUMMARY : Provides an exemption for the City of Oakland to enact
and enforce ordinances and regulations that are more restrictive
than state law regulating the registration or licensing of
commercially manufactured firearms.
EXISTING LAW :
1)Provides that it is the intention of the Legislature to occupy
the whole field of regulation of the registration or licensing
of commercially manufactured firearms as encompassed by the
provisions of the Penal Code, and such provisions shall be
exclusive of all local regulations, relating to registration
or licensing of commercially manufactured firearms, by any
political subdivision as defined.
2)Provides that no permit or license to purchase, own, possess,
keep, or carry, either openly or concealed, shall be required
of any citizen of the United States or legal resident over the
age of 18 years who resides or is temporarily within this
state, and who is not within the excepted classes prescribed,
to purchase, own, possess, keep, or carry, either openly or
concealed, a handgun within the citizen's or legal resident's
place of residence, place of business, or on private property
owned or lawfully possessed by the citizen or legal resident.
3)Prohibits any person from selling, leasing, or transferring
firearms unless the person has been issued a license, as
AB 180
Page 2
specified.
4)Requires, except as permitted by DOJ regulations, the
purchaser of a firearm to provide his or her right thumbprint
on the register in a manner prescribed by the DOJ.
5)Requires the firearms dealer to record on the register or
record of electronic transfer the date that the firearm is
delivered.
6)Requires, within 10 days of the date a handgun, and any
firearm starting January 1, 2014, is acquired as an
institutional weapon, as defined, by an authorized law
enforcement agency, a record of that acquisition to be entered
as an institutional weapon into the Automated Firearms System
(AFS) via the California Law Enforcement Telecommunications
System (CLETS) by the acquiring agency. Requires that any
agency without access to AFS to arrange with the sheriff of
the county in which the agency is located to input this
information via CLETS.
7)Prohibits a person from purchasing or receiving a handgun,
except an antique firearm, without a valid handgun safety
certificate, and prohibits a person from selling, delivering,
loaning, or transferring a handgun, except an antique firearm,
to another person without a valid handgun safety certificate.
FISCAL EFFECT : Unknown. This bill is keyed non-fiscal by the
Legislative Counsel.
COMMENTS : According to the author, "It is widely recognized
that the people of Oakland are suffering from gun violence. The
City of Oakland was home to 131 homicides in 2012-21 more than
2011. As of October 2012, Oakland had 629 police officers - a
ten year low, and down from a high of 837 officers just four
years ago. The situation is so grave that the California Highway
Patrol and the Alameda County Sheriff's Department are both
contributing officers to supplement the regular patrols.
"Given the unique challenges and rampant gun violence facing
Oakland, we wish to empower the city to enact a stricter
regulatory regime for firearms licensing or registration than is
in place for the state."
AB 180
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Please see the policy committee analysis for a full discussion
of this bill.
Analysis Prepared by : Gabriel Caswell / PUB. S. / (916)
319-3744
FN: 0000450