BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 180
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          ASSEMBLY THIRD READING
          AB 180 (Bonta) 
          As Amended  May 23, 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  
            specified.  








                                                                  AB 180
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          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."

          Please see the policy committee analysis for a full discussion  








                                                                  AB 180
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          of this bill.
           

          Analysis Prepared by  :    Gabriel Caswell / PUB. S. / (916)  
          319-3744 


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