BILL ANALYSIS Ó Senate Appropriations Committee Fiscal Summary Senator Kevin de León, Chair AB 500 (Ammiano) - Firearms: safe storage and waiting periods. Amended: May 24, 2013 Policy Vote: Public Safety 5-2 Urgency: No Mandate: Yes Hearing Date: August 12, 2013 Consultant: Jolie Onodera This bill does not meet the criteria for referral to the Suspense File. Bill Summary: AB 500 would establish safe firearms storage requirements when persons prohibited from owning or possessing a firearm reside in a household where a firearm is present. Specifically, this bill: Prohibits a person residing with a person prohibited by state or federal law from possessing a firearm from keeping a firearm at that residence unless the firearm is kept secured or carried on the person, as specified. Authorizes the Department of Justice (DOJ) to delay firearms sales for up to 30 days if a record check indicates the buyer has been taken into custody for a mental health evaluation or charged with a crime but the final disposition cannot be ascertained within the 10-day waiting period. Commencing January 1, 2015, requires licensed firearms dealers to notify the DOJ if, after the applicable waiting period, the firearm is transferred to the buyer, as specified. Fiscal Impact: Non-reimbursable local enforcement costs offset to a degree by fine revenue to the extent persons are charged and convicted of misdemeanor violations of the provisions of this bill. Minor ongoing administrative costs of $11,000 (Special Fund*) per year to the DOJ to mail delay notifications to purchasers. Reduced likelihood of litigation to DOJ due to the inability to complete the background checks under the existing timelines prescribed by law. Potential ongoing minor court-related costs (General Fund**) for new misdemeanor filings. AB 500 (Ammiano) Page 1 While the impact of this bill independently on local jails is likely to be minor, the cumulative effect of new misdemeanors could create General Fund cost pressure on capital outlay, staffing, programming, the courts, and other resources in the context of criminal justice realignment. *Dealers' Record of Sale (DROS) **Trial Court Trust Fund Background: California law requires that all firearms be safely stored. In the case of loaded firearms, a person may be guilty of a misdemeanor or a felony for keeping a loaded firearm, should a minor obtain and use it, resulting in injury or death, or carry it to a public place. First-degree criminal storage, when a child gains access to a firearm and causes death or great bodily injury, is an alternate felony/misdemeanor, punishable by 6 months, two, or three years in county jail (or state prison if previously convicted of a serious or violent felony), and/or a fine of up to $10,000, or for a misdemeanor, up to one year in county jail and/or a fine of up to $1,000. Second-degree criminal storage, when a child gains access to a firearm and causes injury, or carries the firearm to a public place, or brandishes the firearm, is a misdemeanor, punishable by up to one year in county jail and/or a fine of up to $1,000. This bill addresses the issue of firearm possession by a person who resides with a person who is prohibited by law from owning a firearm. Under existing state law, it is a crime for any person to sell, supply, deliver, or give possession or control of a firearm to anyone whom the person knows or has cause to believe is prohibited from possessing a firearm. (PC § 27500) Parallel federal law makes it a crime for any person to "sell or otherwise dispose" of any firearm or ammunition to any person knowing or having reasonable cause to believe that such person is prohibited from possessing a firearm. (18 U.S.C. § 922(d)) Proposed Law: This bill would prohibit a person who is residing with someone who is prohibited from possessing a firearm under state or federal law from keeping a firearm at that residence unless: The firearm is maintained within a locked container. The firearm is disabled by a firearm safety device. AB 500 (Ammiano) Page 2 The firearm is maintained within a locked gun safe. The firearm is maintained within a locked trunk. The firearm is locked with a locking device as specified, which has rendered the firearm inoperable. The firearm is carried on the person or within close enough proximity thereto that the individual can readily retrieve and use the firearm as if carried on the person. A violation of this section would be a misdemeanor, punishable by up to six months in county jail, a fine of up to $1,000, or both. In addition, this bill specifies procedures to be adopted to delay transfer of a firearm to a buyer for up to 30 days. This bill provides that the DOJ shall immediately notify a firearms dealer to delay the transfer of a firearm to the purchaser if, during the 10-day waiting period, records indicate either of the following, and the DOJ is unable to ascertain whether the purchaser is a person who is prohibited from firearm possession prior to the conclusion of the waiting period: The purchaser has been taken into custody and placed in a facility for mental health treatment or evaluation, as specified. The purchaser has been arrested for, or charged with, a crime that would make him or her, if convicted, a person who has applied to purchase another handgun within the last 30 days, or is prohibited by state or federal law from possessing a firearm. The DOJ would be required to notify the purchaser by mail regarding the delay and explain the process the purchaser may follow. If the DOJ is unable to ascertain the final disposition of the arrest or charge, or the outcome of the mental health treatment or evaluation, within 30 days of the original submission by the dealer of purchaser information to the DOJ, the DOJ shall notify the dealer and the dealer may transfer the firearm to the purchaser, as specified. Commencing January 1, 2015, this bill would require licensed firearms dealers to notify the DOJ if, after the applicable waiting period, the firearm is transferred to the buyer, as specified. Related Legislation: SB 108 (Yee) 2013 would require firearms owners to keep firearms in a locked container or disabled with a firearm safety device, as specified, when the owner is not at AB 500 (Ammiano) Page 3 home. This bill is pending hearing in the Assembly Committee on Public Safety. SB 363 (Wright) 2013 would expand the existing crime of "criminal storage of a firearm" to extend the firearm owner's knowing standard to persons prohibited from possessing a firearm. This bill is pending a vote on the Assembly Floor. AB 231 (Ting) 2013 would create the crime of criminal firearm storage in the third degree if the person negligently stores or leaves a loaded firearm in a location where a child is likely to gain access to the firearm, unless reasonable action is taken by the person to secure the firearm against access by a child. Staff Comments: The DOJ has indicated the provisions of this bill will result in ongoing minor increased costs of $11,000 (Special Fund) for the postage associated with mailing delay notifications to firearms purchasers as required by this bill. The provisions of this bill could result in increased court costs due to additional misdemeanor filings for the offense of improper storage of a firearm as specified in this measure. It is unknown how many new filings would result due to the provisions of this bill, but it is estimated the impact to the courts would not be significant. The creation of new misdemeanors has historically been analyzed by this Committee to result in non-reimbursable state mandated costs for local law enforcement and incarceration. Staff notes, however, that the creation of new misdemeanors taken cumulatively could increase the statewide adult jail population to a degree that could potentially impact the flexibility of counties to manage their jail populations recently exacerbated under 2011 Public Safety Realignment. While the provisions of this bill are likely to be minor, the cumulative effect of all new misdemeanors could create unknown General Fund cost pressure on capital outlay, staffing, programming, the courts, and other resources. AB 500 (Ammiano) Page 4