BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | AB 500|
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THIRD READING
Bill No: AB 500
Author: Ammiano (D)
Amended: 5/24/13 in Assembly
Vote: 21
SENATE PUBLIC SAFETY COMMITTEE : 5-2, 7/2/13
AYES: Hancock, Block, De León, Liu, Steinberg
NOES: Anderson, Knight
SENATE APPROPRIATIONS COMMITTEE : 4-1, 8/12/13
AYES: De León, Hill, Lara, Steinberg
NOES: Gaines
NO VOTE RECORDED: Walters, Padilla
ASSEMBLY FLOOR : 47-28, 5/29/13 - See last page for vote
SUBJECT : Firearms
SOURCE : Author
DIGEST : This bill establish safe firearms storage
requirements when persons prohibited from owning or possessing a
firearm reside in a household where a firearm is present; 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.
ANALYSIS : Existing law:
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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 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 requires 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.
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8. Requires 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. Prohibits the delivery of a firearm
within 10 days of the application to purchase, or, after
notice by the DOJ, within 10 days of the submission to the
DOJ of any corrections to the application to purchase, or
within 10 days of the submission to the DOJ 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.
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 prohibits them from possessing a firearm.
A. Specifies that the dealer shall provide the purchasers
with information about how to contact the DOJ 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 DOJ has on file for the purchaser, and
permits them to correct any inaccuracies or
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:
(1) 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
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of record of electronic transfer the date that firearm
is delivered.
(2) If the purchaser is a specified prohibited
person, the DOJ shall immediately notify the dealer and
the chief of police, or local sheriff in the local
jurisdiction in which the sale was made.
1. 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.
2. Mandates, commencing January 1, 2015, that dealers notify
DOJ that persons in applications to purchase actually took
possession of their firearms.
3. 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. Makes a
violation of this provision a misdemeanor.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: Yes
According to the Senate Appropriations Committee:
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.
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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
**Trial Court Trust Fund
SUPPORT : (Verified 8/14/13)
California Chapters of the Brady Campaign to Prevent Gun
Violence
City of Sacramento
Coalition Against Gun Violence
Law Center to Prevent Gun Violence
Los Angeles County District Attorney
South County Citizens Against Gun Violence
OPPOSITION : (Verified 8/14/13)
California Association of Federal Firearms Licensees
California Association of Firearms Retailers
ARGUMENTS IN SUPPORT : 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."
ARGUMENTS IN OPPOSITION : The California Association of
Firearms Retailers states, "The California Association of
Firearms Retailers believes that this bill would needlessly add
to the reporting requirements and restrictions already in effect
for firearms retailers."
ASSEMBLY FLOOR : 47-28, 5/29/13
AYES: Alejo, Ammiano, Atkins, Bloom, Blumenfield, Bocanegra,
Bonilla, Bonta, Bradford, Buchanan, Ian Calderon, Campos,
Chau, Chesbro, Cooley, Daly, Dickinson, Eggman, Fong, Garcia,
Gatto, Gomez, Gonzalez, Gordon, Gray, Hall, Roger Hernández,
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Jones-Sawyer, Levine, Lowenthal, Medina, Mitchell, Mullin,
Muratsuchi, Nazarian, Pan, Quirk, Quirk-Silva, Rendon,
Skinner, Stone, Ting, Weber, Wieckowski, Williams, Yamada,
John A. Pérez
NOES: Achadjian, Allen, Bigelow, Chávez, Conway, Dahle,
Donnelly, Fox, Beth Gaines, Gorell, Grove, Hagman, Harkey,
Jones, Linder, Logue, Maienschein, Mansoor, Melendez, Morrell,
Nestande, Olsen, Patterson, V. Manuel Pérez, Salas, Wagner,
Waldron, Wilk
NO VOTE RECORDED: Brown, Frazier, Holden, Perea, Vacancy
JG:k 8/14/13 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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