BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                  AB 538
                                                                  Page  1


          ASSEMBLY THIRD READING
          AB 538 (Pan)
          As Amended  April 29, 2013
          Majority vote 

           PUBLIC SAFETY       4-2         APPROPRIATIONS      12-5        
           
           ----------------------------------------------------------------- 
          |Ayes:|Ammiano, Jones-Sawyer,    |Ayes:|Gatto, Bocanegra,         |
          |     |Mitchell, Quirk           |     |Bradford,                 |
          |     |                          |     |Ian Calderon, Campos,     |
          |     |                          |     |Eggman, Gomez, Hall,      |
          |     |                          |     |Ammiano, Pan, Quirk,      |
          |     |                          |     |Weber                     |
          |     |                          |     |                          |
          |-----+--------------------------+-----+--------------------------|
          |Nays:|Melendez, Waldron         |Nays:|Harkey, Bigelow,          |
          |     |                          |     |Donnelly, Linder, Wagner  |
           ----------------------------------------------------------------- 

           SUMMARY  :  Requires a licensed firearm dealer to provide copies  
          of the dealer's record of sale (DROS) to a firearm purchaser at  
          the time of delivery as specified.  Specifically,  this bill  :  

          1)Exempts from the firearms dealer license requirement the sale,  
            delivery, or transfer of a firearm when made by an authorized  
            law enforcement representative of a city, county, city and  
            county, or of the state or federal government, if both of the  
            following conditions are met:

             a)   The sale, delivery, or transfer is made to:

               i)     a person who is licensed, as specified;

               ii)    a wholesaler; or

               iii)   a licensed manufacturer or importer of firearms or  
                 ammunition

             b)   The firearm is not subject to any of the following:

               i)     The firearm is a nuisance weapon subject to  
                 surrender, as specified; or









                                                                  AB 538
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               ii)    The firearm is unclaimed, abandoned, or subject to  
                 destruction, as specified.

          2)Exempts from the prohibition on the purchase or receipt by, or  
            the sale, delivery, or transfer of a firearm to a person  
            without a valid handgun safety certificate when made by an  
            authorized law enforcement representative of a city, county,  
            city and county, or of the state or federal government, if  
            both of the following conditions are met:

             a)   The sale, delivery, or transfer is made to:

               i)     a person who is licensed, as specified;

               ii)    a wholesaler; or

               iii)   a licensed manufacturer or importer of firearms or  
                 ammunition

             b)   The firearm is not subject to any of the following:

               i)     The firearm is a nuisance weapon subject to  
                 surrender, as specified; or

               ii)    The firearm is unclaimed, abandoned, or subject to  
                 destruction, as specified.

          3)Requires an authorized law enforcement agency that is the  
            registered owner of an institutional weapon, as defined, that  
            subsequently destroys that weapon to enter such information  
            into the Automated Firearms System (AFS) via the California  
            Law Enforcement Telecommunications System (CLETS).  Requires  
            that any agency without access to AFS to arrange with the  
            sheriff of the county in which the agency is located to input  
            this information via CLETS.

          4)Requires the register or record of electronic transfer for all  
            firearms to include the following additional information:

             a)   Any applicable waiting period exemption information;

             b)   A statement informing the purchaser, after his or her  
               ownership of a firearm, of all of the following:









                                                                  AB 538
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               i)     Upon his or her application, the Department of  
                 Justice (DOJ) shall furnish him or her any information  
                 reported to the department as it relates to his or her  
                 ownership of that firearm;

               ii)    The purchaser is entitled to file a report of his or  
                 her acquisition, disposition, or ownership of a firearm  
                 with the DOJ; and

               iii)   Instructions for accessing the DOJ's Internet Web  
                 site for more information.

          5)Requires the firearms dealer to record on the register or  
            record of electronic transfer the dealer's signature  
            indicating delivery of the firearm.

          6)Requires the purchaser to sign the register or the record of  
            electronic transfer on the date that the firearm is delivered  
            to him or her.

          7)Requires the firearms dealer to provide a copy of the  
            register, electronic transfer, or telephonic transfer,  
            whichever is applicable, to the purchaser at the time of  
            delivery of the firearm and after the dealer notes the date of  
            delivery and the purchaser acknowledges the receipt of the  
            firearm.

          8)Requires the firearms dealer to provide a copy of the  
            electronic or telephonic transfer at the time the record is  
            signed by the seller.

          9)Makes a number of technical changes.

           FISCAL EFFECT  :  According to the Assembly Appropriations  
          Committee:

          1)Minor absorbable state administrative costs covered by  
            existing DROS fee.

          2)Minor nonreimbursable local law enforcement costs. 

           COMMENTS  :  According to the author, "AB 538 provides additional  
          consumer protections by requiring the dealer to obtain a  
          signature when delivering the gun to the consumer; giving the  








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          consumer the DROS form at that time as a receipt and, improves  
          the manner in which law enforcement reports acquisitions,  
          ownership, and disposition of firearms obtained in the course  
          and scope of their duties. With the surge in sales and increase  
          of DROS forms, it is important and in the best interest of  
          ensuring the public's safety to ensure accuracy."

          Please see the policy committee analysis for a full discussion  
          of this bill.
           

          Analysis Prepared by  :    Shaun Naidu / PUB. S. / (916) 319-3744


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