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 Page 2 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 Page 3 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 AB 538 Page 4 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 FN: 0000520