BILL ANALYSIS Ó
AB 500
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Date of Hearing: May 1, 2013
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Mike Gatto, Chair
AB 500 (Ammiano) - As Introduced: February 20, 2013
Policy Committee: Public
SafetyVote: 5-2
Urgency: No State Mandated Local Program:
Yes Reimbursable: No
SUMMARY
This bill establishes safe gun storage requirements when persons
prohibited from owning a gun live in a household where a gun is
present; allows the Department of Justice (DOJ) to delay gun
sales when background checks are not completed; and requires the
DOJ to be notified that gun purchasers have taken possession of
a gun. Specifically, this bill:
1)Prohibits a person who is residing with someone prohibited by
state or federal law from possessing a gun from keeping a gun
at that residence unless the gun is kept within a locked
container, locked gun safe, locked trunk, locked with a
locking device, disabled by a gun safety device, or carried on
the person. A violation of this provision is a misdemeanor,
punishable by up to six months in county jail and/or a fine of
up to $1,000.
2)Requires the DOJ to notify a licensed firearms dealer when the
departent is unable to complete a background check within two
days prior to the conclusion of the required 10-day waiting
period, and requires the dealer to withhold delivery until
seven days after the notification is received by the dealer.
3)Requires, beginning January 1, 2015, that dealers notify DOJ
that a person who applied to purchase a gun took possession of
the gun.
FISCAL EFFECT
1)Significant ongoing special fund costs (Dealer Record of Sale
account (DROS)), in the low millions of dollars, for DOJ
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Bureau of Firearms workload.
According to DOJ, 80% of DROS eligibility checks are
determined during the final two days of the 10-day waiting
period. Based on 80% background not clearing by the eighth
day, DOJ staff would have to call dealers on approximately
3,000 DROS every day, requiring about 70 new positions. With
attendant office expenses, annual costs would exceed $5
million.
2)Costs would be offset to an unknown extent by the reduced
likelihood of litigation due to the inability to complete the
checks.
3)Minor nonreimbursable local incarceration costs, offset to a
degree by increased fine revenue, to the extent persons are
convicted of the misdemeanor storage provisions of the bill.
COMMENTS
1)Rationale . The author's intent is to (a) keep guns from
prohibited persons; (b) give the DOJ sufficient time to
conduct background checks in cases in which access to records
may not be available; and (c) provide additional information
to the DOJ's Automated Firearms System - the fact that a
person has taken possession of a purchased gun.
2)Support . The California Chapter of the Brady Campaign notes
current law requires a background check and a 10-day waiting
period prior to providing the gun to a prospective buyer. In a
small number of cases, usually because court disposition
documents are unavailable, the DOJ has not been authorizing
delivery of the firearm by the dealer. This bill specifically
authorizes the DOJ additional time to complete the background
check, if needed.
In addition, the bill's requirement that a person who resides
in the same residence with a person who is prohibited from
possessing a gun, may not keep a gun in the residence unless
it is secured, is an appropriate cautionary measure.
3)Opposition . The California Association of Federal Firearms
Licensees states, "This measure allows the California
Department of Justice to arbitrarily extend the waiting period
for firearm transactions with no due process or remedy for the
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firearm purchaser or impacted sellers. AB 500 impacts
California enterprise by creating unpredictable processes,
increasing liability, and imposing additional administrative
burdens on thousands of small businesses?.
"AB 500 also infringes on the rights of those who reside with
a prohibited person, including those who are prohibited but
did not commit any crime of violence."
4)Technical drafting work is needed on this bill . The author has
agreed to continue working on the language while the bill is
on the Suspense File.
Analysis Prepared by : Geoff Long / APPR. / (916) 319-2081