BILL ANALYSIS                                                                                                                                                                                                    



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          ASSEMBLY THIRD READING
          AB 500 (Ammiano)
          As Amended  May 24, 2013
          Majority vote 

           PUBLIC SAFETY       5-2         APPROPRIATIONS      12-5        
           
           ----------------------------------------------------------------- 
          |Ayes:|Ammiano, Jones-Sawyer,    |Ayes:|Gatto, Bocanegra,         |
          |     |Mitchell, Quirk, Skinner  |     |Bradford,                 |
          |     |                          |     |Ian Calderon, Campos,     |
          |     |                          |     |Eggman, Gomez, Hall,      |
          |     |                          |     |Ammiano, Pan, Quirk,      |
          |     |                          |     |Weber                     |
          |     |                          |     |                          |
          |-----+--------------------------+-----+--------------------------|
          |Nays:|Melendez, Waldron         |Nays:|Harkey, Bigelow,          |
          |     |                          |     |Donnelly, Linder, Wagner  |
           ----------------------------------------------------------------- 

           SUMMARY  :  Imposes safe storage requirements when prohibited  
          persons reside in a household with violations a misdemeanor;  
          allows the Department of Justice (DOJ) to delay release of  
          firearms when background checks are not completed; and requires  
          the DOJ to be notified that firearms are in fact delivered after  
          the transferee takes possession of a gun.  Specifically,  this  
          bill  :  

          1)Requires that DOJ shall delay the transfer and immediately  
            notify the dealer of that fact if specified records indicate  
            that the purchaser has been placed in a mental health facility  
            as specified, or arrested or charged with an offense that  
            would prohibit them from possessing a firearm.  

             a)   Specifies that the dealer shall provide the purchasers  
               with information about how to contact the department  
               regarding the delay.
               
             b)   States that DOJ shall notify the purchaser by mail  
               regarding the delay and explain the process by mail  
               regarding the delay and explain the process by which the  
               purchaser may obtain a copy of the criminal or mental  
               health record the department has on file for the purchaser,  
               and permits them to correct any inaccuracies or  








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               incompleteness.
               
             c)   Provides that if DOJ determines the final disposition of  
               the arrest or criminal charge, or the outcome of the mental  
               health treatment, is after the waiting period, but within  
               30 days of the dealer's original submission of the  
               purchaser's information, the DOJ shall do the following:

               i)     If the purchaser is not a specified prohibited  
                 person, the DOJ shall immediately notify the dealer of  
                 that fact and the dealer may deliver the firearm to the  
                 purchaser upon the dealer's recording on the register of  
                 record of electronic transfer the date that firearm is  
                 delivered.  

               ii)    If the purchaser is a specified prohibited person,  
                 the DOJ shall immediately notify the dealer and the chief  
                 of police department, or local sheriff in the local  
                 jurisdiction in which the sale was made. 
                
          2)Specifies that if there is a delay of more than 30 days after  
            the dealer's original submission of the purchaser information,  
            the DOJ shall complete another background check, at no cost to  
            the applicant.

          3)Mandates, commencing January 1, 2015, that dealers notify DOJ  
            that persons in applications to purchase actually took  
            possession of their firearms.

          4)Prohibits a person who is residing with someone who is  
            prohibited by state or federal law from possessing a firearm  
            from keeping a firearm at that residence unless the firearm is  
            either kept within a locked container, locked gun safe, locked  
            trunk, locked with a locking device, disabled by a firearm  
            safety device, or carried on the person.  The bill would make  
            a violation of this provision a misdemeanor.

           EXISTING LAW  :  

          1)Provides that the sale, loan or transfer of firearms in almost  
            all cases must be processed by, or through, a state-licensed  
            dealer or a local law enforcement agency with appropriate  
            transfer forms being used, as specified.  In those cases where  
            dealer or law enforcement processing is not required, as of  








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            today a handgun change of title report must still be sent to  
            DOJ and will require that as to all firearms as of January 1,  
            2014.

          2)Provides on or after January 1, 1998, that persons  
            establishing residency within California who bring with them  
            and store firearms within California after that date to report  
            the same to DOJ.  This reporting requirement will apply to all  
            firearms as of January 1, 2014.

          3)Allows persons who are not subject to reporting to report the  
            acquisition, ownership, or disposal of firearms to DOJ. 

          4)Provides since 1967, both federal law and California Law bar  
            California residents who do not have federal firearms licenses  
            from physically bringing the firearms into the state and  
            instead require in effect that persons who acquire firearms  
            outside of California as California residents to have the  
            transaction processed through a California state licensed  
            dealer. 

          5)Provides since 1968, federal law generally requires - save as  
            to licensed collectors of curio and relics, to receive  
            possession of firearms at their licensed premises within this  
            state.  In October of 1996, the federal government enacted a  
            law which allowed the actual delivery of curio and relic  
            firearms to a federal firearms licensee outside the state  
            where his/her licensed premises are located. 

          6)Requires since January 1, 1998, federally licensed collectors  
            who acquire and take possession of curios and relics outside  
            this state to within five days of gun coming into the state to  
            register the same with DOJ.  

          7) Requires that firearms information submitted to DOJ as to  
            handguns in terms of who owns what handgun must be maintained  
            within a centralized registry.  These reporting requirements  
            will apply to all firearms as of January 1, 2014.  

          8)Require the DOJ, upon submission of firearm purchaser  
            information, to examine its records to determine if the  
            purchaser is prohibited from possessing, receiving, owning, or  
            purchasing a firearm.  Existing law prohibits the delivery of  
            a firearm within 10 days of the application to purchase, or,  








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            after notice by the department, within 10 days of the  
            submission to the department of any corrections to the  
            application to purchase, or within 10 days of the submission  
            to the department of a specified fee.

          9)Requires if a dealer cannot legally deliver a firearm,  
            existing law requires the dealer to return the firearm to the  
            transferor, seller, or person loaning the firearm. 

          10)Requires that in connection with any private party sale, loan  
            or transfer of a firearm, a licensed dealer must provide the  
            DOJ with specified personal information about the seller and  
            purchaser as well as the name and address of the dealer.  This  
            personal information of buyer and seller required to be  
            provided includes the name; address; phone number; date of  
            birth; place of birth; occupation; eye color; hair color;  
            height; weight; race; sex; citizenship status; and a driver's  
            license number, California identification card number or  
            military identification number.  A copy of the Dealers Record  
            of Sale (DROS), containing the buyer and seller's personal  
            information, must be provided to the buyer or seller upon  
            request.  

           FISCAL EFFECT  :  According to the Assembly Appropriations  
          Committee, minor absorbable administrative costs to DOJ offset  
          by the reduced likelihood of litigation due to the inability to  
          complete the checks.

          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 this bill. 

           COMMENTS  :   According to the author, "This bill is intended to  
          keep guns out of the hands of people who should not have them,  
          including people prohibited by law from having a firearm and  
          people who do not pass background checks.  California maintains  
          some of the strictest gun control laws in the nation, and this  
          bill makes common-sense changes to better enforce existing gun  
          laws."

          Please see the policy committee analysis for a full discussion  
          of this bill.
           









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


                                                                FN: 0000888