BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                            



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                                    THIRD READING


          Bill No:  AB 180
          Author:   Bonta (D)
          Amended:  5/23/13 in Assembly
          Vote:     21

           
           SENATE PUBLIC SAFETY COMMITTEE  :  5-1, 6/18/13
          AYES:  Hancock, Block, De León, Liu, Steinberg
          NOES:  Knight
          NO VOTE RECORDED:  Anderson

           ASSEMBLY FLOOR  :  46-29, 5/28/13 - See last page for vote


           SUBJECT  :    Registration and licensing of firearms:  City of  
          Oakland

           SOURCE  :     Author


           DIGEST  :    This bill 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.

           ANALYSIS  :    

          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 specified, and shall  
            be exclusive of all local regulations, relating to  
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            registration or licensing of commercially manufactured  
            firearms, by any political subdivision as defined.   
            (California Government Code § 53071.)  

          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.   
            (Penal Code § 25605(b).)  

          This bill provides that, notwithstanding the existing law  
          establishing the intention of the Legislature to occupy the  
          whole field of regulation of the registration or licensing of  
          commercially manufactured firearms, as specified, the City of  
          Oakland may enact an ordinance or regulation that is more  
          restrictive than state law regulating the registration or  
          licensing of commercially manufactured firearms.

           Background
           
          Preemption occurs when a higher level of government removes  
          regulatory power from a lower level of government.  For example,  
          Congress may remove legislative authority from the states in  
          certain areas.  Likewise, state governments may, in some cases,  
          remove local legislative authority.  The strongest form of  
          preemption occurs when a higher level of government expressly  
          removes that power or expressly reserves that power.  In  
          California, regulation and licensing of firearms has been  
          expressly preempted by state government.  

          Generally, preemption occurs in two ways: through express  
          preemption and implied preemption.  Express preemption occurs  
          when a state provides explicitly, in the language of a statute  
          or constitutional provision that it intends to remove a lower  
          government's regulatory authority.  Absent an express statement,  
          courts may infer an intent to take over a field of regulation,  
          even though there is no express legislative statement to that  
          effect.  This is referred to as implied preemption.  In general,  
          courts may find that a local law is preempted if it conflicts  

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          directly with state law by requiring what the state law  
          prohibits, or prohibiting what the state law requires.  In  
          addition, when a comprehensive scheme of state regulation exists  
          on a particular subject matter, many state courts find that the  
          state legislature thereby indicated an implied intent to assert  
          exclusive authority over that subject matter.

          California expressly preempts local governments from regulating  
          in the areas of registration or licensing of firearms;  
          manufacture, sale or possession of imitation firearms; and  
          licensing or permitting with respect to the purchase, ownership,  
          possession or carrying of a concealable firearm in the home or  
          place of business.  (Government Code §§ 53071, 53071.5, Penal  
          Code § 25605(b).)  In other areas, courts have found that local  
          governments have a great deal of authority to regulate firearms  
          and ammunition in their communities. For example, courts have  
          rejected preemption challenges to many local firearms and  
          ammunition laws, including the location and operation of  
          firearms dealers, and the sale and possession of firearms and  
          ammunition on county-owned property.  (See, Suter v. City of  
          Lafayette (1997) 57 Cal.App.4th 1109, 1119.)

           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  No   Local:  
           No

           SUPPORT  :   (Verified  6/18/13)

          California Medical Association
          California State Conference of the National Association for the  
          Advancement of Colored People
          City of Oakland
          Law Center to Prevent Gun Violence
          Peralta Community College District

           OPPOSITION  :    (Verified  6/18/13)

          California Rifle and Pistol Association
          California Waterfowl Association
          National Rifle Association

           ARGUMENTS IN SUPPORT  :    The City of Oakland states:

               As you are undoubtedly aware, Oakland's police department  
               is short staffed and the City is facing a search for a new  

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               police chief, who will be the third in two years.  Violence  
               in Oakland has increased in recent years, the vast majority  
               of which is due to illegal firearms entering the city.   
               Tougher and flexible regulation is needed on the local  
               level to effectively reduce crime in Oakland.  If our 646  
               officers, a ten year low number, are to be effective in  
               combating crime, tougher licensing and registration must be  
               part of that effort.

           ARGUMENTS IN OPPOSITION  :    The California Waterfowl Association  
          states:

               CWA opposes this measure because it would conflict with the  
               longstanding, statewide regulation of firearms, of (sic)  
               field of law which is currently fully occupied by the Penal  
               Code, and ultimately lead to a patchwork of inconsistent  
               local laws.  In doing so, it would only further add to the  
               complexity of firearms laws in California, creating  
               unnecessary confusion for gun owners and likely increasing  
               enforcement costs.  In particular, AB 180 would threaten to  
               make criminals out of well intentioned gun owners who move  
               into the City of Oakland but remain unaware of the  
               existence of any local firearm restrictions.

               It should be noted that state law recently required the  
               registration of both shotguns and rifles (per AB 809  
               (Feuer) in 2011) but that there has neither been adequate  
               time nor a meaningful, peer reviewed study to determine its  
               full impact.  Allowing a local entity to enact its own  
               registration requirements so soon after statewide  
               registration was already mandated is therefore unnecessary.
           
           

           ASSEMBLY FLOOR  :  46-29, 5/28/13
          AYES:  Alejo, Ammiano, Atkins, Bloom, Blumenfield, Bocanegra,  
            Bonilla, Bonta, Bradford, Brown, Buchanan, Ian Calderon,  
            Campos, Chau, Chesbro, Cooley, Daly, Dickinson, Fong, Garcia,  
            Gatto, Gomez, Gonzalez, Hall, Roger Hernández, Jones-Sawyer,  
            Levine, Lowenthal, Medina, Mitchell, Mullin, Muratsuchi,  
            Nazarian, Pan, Perea, V. Manuel Pérez, Quirk, Rendon, Skinner,  
            Stone, Ting, Weber, Wieckowski, Williams, Yamada, John A.  
            Pérez
          NOES:  Achadjian, Allen, Bigelow, Chávez, Conway, Dahle,  

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            Donnelly, Fox, Beth Gaines, Gorell, Gray, Grove, Hagman,  
            Harkey, Jones, Linder, Logue, Maienschein, Mansoor, Melendez,  
            Morrell, Nestande, Olsen, Patterson, Quirk-Silva, Salas,  
            Wagner, Waldron, Wilk
          NO VOTE RECORDED:  Eggman, Frazier, Gordon, Holden, Vacancy


          JG:nl  6/19/13   Senate Floor Analyses 

                           SUPPORT/OPPOSITION:  SEE ABOVE










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