BILL ANALYSIS Ó ----------------------------------------------------------------- |SENATE RULES COMMITTEE | AB 500| |Office of Senate Floor Analyses | | |1020 N Street, Suite 524 | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ----------------------------------------------------------------- THIRD READING Bill No: AB 500 Author: Ammiano (D) Amended: 9/3/13 in Senate 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; creates procedures specifying when the Department of Justice (DOJ) is allowed to delay release of firearms when background checks are not completed within the 10 day waiting period but within the 30 day window; and requires the DOJ to be notified that firearms are in fact delivered after the transferee takes possession of a gun. CONTINUED AB 500 Page 2 Senate Floor Amendments of 9/3/13 (1) add clarifying language regarding DOJ's authority to delay delivery of a firearm beyond the existing 10-day waiting period but within the 30 days of submission of background check information (2) move up a year the commencing date of January 1, 2015, that mandates dealers notify DOJ that persons in application to purchase actually took possession of their firearms, to January 1, 2014; and (3) add chaptering language with AB 539 (Pan), AB 538 (Pan), and SB 53 (De Leon). ANALYSIS : 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 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 AB 500 Page 3 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. 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. 10.States that if a firearm is not taken possession of within 30 days of the initial application to purchase a firearm (known as the 30 day window), the entire process must start again. 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. AB 500 Page 4 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, or the purchaser's eligibility to purchase a firearm 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 then immediately 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. (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. (3) If the purchaser is a person subject to the one gun a month law or is a prohibited purchaser, and DOJ is unable to ascertain whether the purchaser, in fact, is such a person, prior to the conclusion of the waiting period, then the dealer shall be notified of that fact and the dealer shall not release the gun. 1. Specifies that if DOJ cannot affirmatively find a disqualifier in those cases where the purchasers status is unclear, on or before the end of the 30 day period from the date of the dealer's original submission of the purchaser information, the DOJ shall immediately notify the dealer and the dealer may then immediately transfer the firearm to the purchaser, upon the dealer's recording on the register or record of electronic transfer the date that the firearm is transferred, as specified. AB 500 Page 5 2. Mandates, commencing January 1, 2014, 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. 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 9/4/13) AB 500 Page 6 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 9/4/13) 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, 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 AB 500 Page 7 JG:k 9/5/13 Senate Floor Analyses SUPPORT/OPPOSITION: SEE ABOVE **** END ****