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  ****