BILL ANALYSIS Ó
Senate Appropriations Committee Fiscal Summary
Senator Kevin de León, Chair
AB 538 (Pan) - Firearms: transfers.
Amended: June 4, 2013 Policy Vote: Public Safety 5-2
Urgency: No Mandate: Yes
Hearing Date: June 24, 2013
Consultant: Jolie Onodera
This bill does not meet the criteria for referral to the
Suspense File.
Bill Summary: AB 538 would make a series of changes to firearm
purchase and transfer processes, as specified.
Fiscal Impact:
One-time administrative costs to the Department of Justice
(DOJ) of $143,000 (Special Fund*) in Fiscal Year (FY) 2013-14
and $27,000 (Special Fund*) in FY 2014-15 to develop and
modify the Automated Firearm System (AFS) to accommodate the
new record information requirements.
Minor ongoing non-reimbursable local law enforcement costs.
*Dealer Record of Sale (DROS) Special Account
Background: Under existing law, firearms dealers are required to
obtain identification and other information from prospective
firearm purchasers and transmit that information to the DOJ via
the DROS form. The prospective buyer must wait 10 days before
taking possession of the firearm during which time the DOJ
conducts a background check to determine whether the buyer is
prohibited from owning a firearm.
If the DOJ does not notify the dealer that the purchaser is
prohibited from firearm ownership, the purchaser may take
possession after the 10-day waiting period. The dealer is
required to record the date and time the firearm was delivered
to the buyer and is required to maintain the record for at least
three years. In the event the buyer does not take possession of
the firearm within 30 days, it must be reported to the DOJ.
Failure to report to the DOJ is punishable as a misdemeanor,
forfeiture of the dealer's license, or both. Under current law,
dealers are required to provide a copy of the DROS form when the
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buyer takes possession of the firearm upon the request of the
buyer. Existing law also allows buyers to check with the DOJ to
determine whether the DOJ lists them as the owner of any
firearm.
This bill seeks to address the potential situation in which a
person purchases a firearm but fails to take possession of that
firearm, and subsequently, the dealer does not report that fact
to the DOJ. In this case, the person would still appear in DOJ
records as the owner of the firearm despite not taking
possession of the firearm. This bill would also make a series of
changes to existing firearm purchase and transfer provisions.
Proposed Law: This bill would make the following changes to
firearm purchase and transfer processes:
(1) Creates an exemption from normal
firearms transfer requirements for firearms transferred by a
law enforcement agency to licensed firearms dealers,
wholesalers, or manufacturers, so long as the transaction is
reported to the DOJ. If the agency sells, delivers, or
transfers a firearm to a licensed firearms dealer, the agency
must enter a record of the delivery into the AFS via the
California Law Enforcement Telecommunications System (CLETS)
within 10 days.
(2) Clarifies that law enforcement
agencies are required to report to the DOJ, as specified, the
disposition of any weapon in their possession whether the
weapon is retained, transferred, sold, or destroyed.
(3) Requires firearms dealers to
provide a firearms buyer with a copy of the DROS form at the
time of delivery of the firearm and after the dealer notes the
date of delivery and the dealer provides a signature verifying
the delivery and the purchaser acknowledges receipt of the
firearm.
(4) Requires the record or register of
electronic transfer for all firearms to include the following
additional information:
Any applicable waiting period exemption information.
A statement on the DROS form advising purchasers of
their right to request firearms ownership information from
DOJ, their right to file reports with DOJ regarding such
ownership, and information regarding how to access DOJ's
website.
The dealer's signature indicating delivery of the
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firearm.
The purchaser's signature indicating that the firearm
has been delivered.
(1) Makes other technical,
non-substantive changes to the language of various firearms
statutes.
Staff Comments: The DOJ has indicated the provisions of this
bill will result in one-time staffing costs of $143,000 in FY
2013-14 and $27,000 in FY 2014-15 to make the necessary changes
to the AFS to accommodate the new requirements for the record.
The record that is entered into the AFS via the CLETS would be
required to include any applicable waiting period exemption
information. Estimated costs include overtime hours for existing
staff as well as an external consultant to assist with the
one-time development activities to modify the AFS. All other
provisions are estimated to result in minor, absorbable ongoing
costs to the DOJ, as well as minor non-reimbursable local law
enforcement costs.