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
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|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 |
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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
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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:
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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
FN: 0000520