BILL ANALYSIS Ó
AB 538
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CONCURRENCE IN SENATE AMENDMENTS
AB 538 (Pan)
As Amended August 26, 2013
Majority vote
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|ASSEMBLY: |50-23|(May 20, 2013) |SENATE: |22-14|(September 3, |
| | | | | |2013) |
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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
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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