BILL ANALYSIS Ó AB 538 Page 1 CONCURRENCE IN SENATE AMENDMENTS AB 538 (Pan) As Amended August 26, 2013 Majority vote ----------------------------------------------------------------- |ASSEMBLY: |50-23|(May 20, 2013) |SENATE: |22-14|(September 3, | | | | | | |2013) | ----------------------------------------------------------------- Original Committee Reference: PUB. S. 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. The Senate amendments : 1) Provide that if an authorized law enforcement representative sells, delivers, or transfers a firearm to a licensed firearms dealer, the law enforcement agency is required to enter a record of that delivery into the Automated Firearms Systems (AFS) via the California Law Enforcement Telecommunications System (CLETS) within 10 days. 2) Exempt a firearm sale, delivery, or transfer made by an authorized law enforcement representative to a firearms wholesaler, manufacturer, or importer, as specified, from being completed by a licensed firearms dealer, when neither of the parties is a licensed firearms dealer, if, along with other specified requirements, the law enforcement agency enters a record of the delivery into the AFS via the CLETS within 10 days. 3) Require a licensed firearms dealer to provide a copy of the register or record of a firearms transaction to the purchaser that has the dealer's signature indicating delivery of the firearm. 4) Add double-jointing language to avoid chaptering conflicts with SB 683 (Block) of the current legislative session. FISCAL EFFECT : According to the Senate Appropriations Committee: AB 538 Page 2 1)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 AFS to accommodate the new record information requirements. 2)Minor ongoing non-reimbursable local law enforcement costs. *Dealer Record of Sale (DROS) Special Account 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 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) 319-3744FN: 0001962