BILL ANALYSIS Ó
AB 500
Page 1
CONCURRENCE IN SENATE AMENDMENTS
AB 500 (Ammiano)
As Amended September 3, 2013
Majority vote
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|ASSEMBLY: |47-28|(May 29, 2013) |SENATE: |24-14|(September 9, |
| | | | | |2013) |
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Original Committee Reference: PUB. S.
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.
The Senate amendments double joint this bill with AB 539 (Pan),
SB 53 (De León), and SB 299 (DeSaulnier) of this legislative
session.
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
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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 or 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 the 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. Existing law prohibits the delivery of
a firearm within 10 days of the application to purchase, or,
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;
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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.
AS PASSED BY THE ASSEMBLY , this bill:
1)Required 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
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.
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2)Specified 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)Mandated, commencing January 1, 2015, that dealers notify DOJ
that persons in applications to purchase actually took
possession of their firearms.
4)Prohibited 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.
FISCAL EFFECT : According to the Senate Appropriations
Committee:
1)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.
2)Minor ongoing administrative costs of $11,000 (Special Fund*)
per year to the DOJ to mail delay notifications to purchasers.
3)Reduced likelihood of litigation to DOJ due to the inability
to complete the background checks under the existing timelines
prescribed by law.
4)Potential ongoing minor court-related costs (General Fund**)
for new misdemeanor filings.
5)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
COMMENTS : According to the author, "This bill is intended to
keep guns out of the hands of people who should not have them,
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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.
Analysis Prepared by : Gabriel Caswell / PUB. S. / (916)
319-3744
FN:
0002393