BILL ANALYSIS �
AB 539
Page 1
Date of Hearing: April 23, 2013
Counsel: Shaun Naidu
ASSEMBLY COMMITTEE ON PUBLIC SAFETY
Tom Ammiano, Chair
AB 539 (Pan) - As Introduced: February 20, 2013
As Proposed to be Amended in Committee
SUMMARY : Allows a person who is temporarily prohibited from
owning or possessing a firearm to transfer firearms in his or
her possession or ownership to a licensed firearms dealer for
storage during the period of prohibition. Specifically, this
bill :
1)Allows a person who is prohibited from owning or possessing a
firearm may transfer or cause to be transferred, any firearm
or firearms in his or her possession, or of which he or she is
the owner, to a licensed firearms dealer licensed for storage
during the duration of the prohibition, if the prohibition on
owning or possessing the firearm will expire on a date
specified in the court order.
2)Allows a firearms dealer who stores a firearm as provided
above to charge the owner a fee for the storage of the
firearm.
3)Requires a firearms dealer who stores a firearm as provided
above to notify the Department of Justice when the dealer has
taken possession of the firearm and when the owner has taken
back possession of the firearm.
4)Provides that if the prohibition on owning or possessing a
firearm will expire on a date specified in a court order, the
notice of the prohibition shall inform the person that he or
she may elect to have his or her firearm transferred to a
licensed firearms dealer.
5)Requires on the notice on all protective orders, that Judicial
Council issues, to respondents regarding the prohibitions
relating to firearms that a firearm owned or possessed by the
person can be transferred to a licensed firearms dealer for
the duration of the period that the protective order is in
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effect.
6)Makes conforming changes to allow a person who is temporarily
prohibited from owning or possessing a firearm to transport
firearms in his or her ownership or possession to a licensed
firearms dealer for transfer or storage as allowed above.
EXISTING LAW :
1)Punishes as a felony any person who has been convicted of a
felony or another specified offense under the laws of the
United States, this state, or any other state, government, or
country or who is addicted to the use of any narcotic drug,
and who owns, purchases, receives, or has in his or her
possession or under custody or control any firearm. (Penal
Code Section 29800.)
2)Punishes, as an alternate felony/misdemeanor, any person who
has been convicted of a specified misdemeanor and who, within
10 years of the conviction, owns, purchases, receives, or has
in his or her possession or under custody or control of any
firearm. (Penal Code Section 29805.)
3)Requires the court, at the time judgment is imposed, for any
person who is prohibited from owning, purchasing, receiving,
possessing, or having custody or control of, any firearm to
provide on a form supplied by the Department of Justice, a
notice to the person informing him or her of the prohibition
regarding firearms and include a form to facilitate the
transfer of firearms. [Penal Code Section 29810(a).]
4)Punishes by imprisonment in a county jail not exceeding one
year or in the state prison, by a fine not exceeding $1,000,
or by both a person who purchases or receives, or attempts to
purchase or receive, a firearm knowing that the person is
prohibited from doing so. [Penal Code Section 29825(a).]
5)Punishes by imprisonment in a county jail not exceeding one
year, by a fine not exceeding $1,000, or by both a person who
owns or possesses a firearm knowing that he or she is
prohibited from doing so. [Penal Code Section 29825(b).]
6)Allows a person who is otherwise prohibited from possessing a
firearm to possess the firearm if all of the following
conditions are met:
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a) The person found the firearm or took the firearm from a
person who was committing a crime against the person who
found or took the firearm.
b) The person possessed the firearm no longer than was
necessary to deliver or transport the firearm to a law
enforcement agency for that agency's disposition according
to law.
c) If the firearm was transported to a law enforcement
agency, as specified.
d) If the firearm is being transported to a law enforcement
agency, the person transporting the firearm has given prior
notice to the law enforcement agency that the person is
transporting the firearm to the law enforcement agency for
disposition according to law. (Penal Code Section 29850.)
7)Provides that if a law enforcement agency determines that a
person is the legal owner of any firearm deposited with the
agency, that person is prohibited from possessing any firearm,
and that the firearm is an otherwise legal firearm, the person
is entitled to sell or transfer the firearm to a licensed
dealer. (Penal Code Section 33870.)
FISCAL EFFECT : Unknown
COMMENTS :
1)Author's Statement : According to the author, "AB 539 allows
individuals that are temporarily placed on the prohibited
persons list to have their firearms stored at a federally
licensed firearms dealer. When an individual is placed on the
prohibited persons list temporarily, their options for
surrendering firearms are limited and often permanent. This
bill allows the gun owner to recollect their lawfully owned
firearm after the period of time on the prohibited persons
list has expired, and it allows public safety officials to
know where that firearm has been placed during the period that
the individual is on the list."
2)Background : According to the author, "Currently, individuals
who are convicted of a felony; individuals with a history of
violence, such as domestic violence offenders and subjects of
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restraining orders; individuals with severe mental illness;
wanted persons; and others are prohibited from possessing a
firearm. While some specified cases include a life-long
prohibition provision, for the most part, individuals are on
the prohibited persons list temporarily for a length of time
subjected to a court order.
"While the length of time on the prohibited persons list is
temporary, existing law only allows for a permanent
surrendering of a firearm by giving the firearm to a law
enforcement agency for that agency's disposition.
"This prohibition applies to all firearms, including
heirlooms, and those used for sport. This bill allows
individuals to temporarily surrender their firearm to a
federally licensed firearm dealer for the purposes of storing
the firearm if the prohibition on gun ownership is temporary."
3)Ability to Sell or Transfer Firearms to a Dealer : Under
existing law, a person who is prohibited from owning or
possessing a firearm is entitled to sell or transfer his or
her firearm to a licensed dealer if the firearm is deposited
with a law enforcement agency and the agency determines that a
person is the legal owner and the firearm is otherwise legal.
(Penal Code Section 33870.) The ability to transfer firearms
to dealers under existing law does not specify whether an
owner who is temporarily prohibited from possessing a firearm
has the ability to take back the firearm when the prohibition
ends. This bill explicitly provides for that alternative.
4)Argument in Support : According to the California Chapter of
the Brady Campaign to Prevent Gun Violence , "This bill
presents a reasonable alternative for temporarily removing
firearms, particularly in volatile domestic violence
situations. It could enhance public safety since people may
be more likely to temporarily surrender their firearms if they
believe that there is a reasonable chance that they can get
them back upon the termination of the prohibition. This
concept should not be objectionable to dealers who could
reasonably charge a storage fee."
5)Related Legislation : SB 644 (Cannella) would make the
possession of a firearm by a felon a serious felony, as
specified. SB 644 is awaiting a hearing in the Senate Public
Safety Committee.
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6)Prior Legislation :
a) AB 2155 (Logue), of the 2009-10 Legislative Session,
would have required a private individual who surrenders,
gives, or transfers a firearm to a law enforcement agency
or government entity pursuant to a voluntary program to
deliver a completed form, as specified, to the law
enforcement agency or government entity at the time the
firearm is surrendered. AB 2155 died in this committee.
b) AB 837 (Feuer), Chapter 698, Statutes of 2008, prohibits
the issuance of certain firearms permits and the transfer
of firearms if the applicant or transferee is prohibited
from possessing, receiving, purchasing, or owning a firearm
under federal or state law.
REGISTERED SUPPORT / OPPOSITION :
Support
California Chapters of the Brady Campaign to Prevent Gun
Violence
California Public Defenders Association
California Rifle and Pistol Association, Inc.
National Rifle Association of America
Opposition
None
Analysis Prepared by : Shaun Naidu / PUB. S. / (916) 319-3744
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PROPOSED AMENDMENTS TO ASSEMBLY BILL NO. 539
Proposed Amendment 1
On page 2, before line 1, insert:
SECTION 1. Section 11106 of the Penal Code, as added by Section
2.5 of Chapter 745 of the Statutes of 2011, is amended to read:
11106. (a) In order to assist in the investigation of crime, the
prosecution of civil actions by city attorneys pursuant to
paragraph (3) of subdivision (c), the arrest and prosecution of
criminals, and the recovery of lost, stolen, or found property,
the Attorney General shall keep and properly file a complete
record of all copies of fingerprints, copies of licenses to
carry firearms issued pursuant to Section 26150, 26155, 26170,
or 26215, information reported to the Department of Justice
pursuant to Section 26225 or 29830 , dealers' records of sales of
firearms, reports provided pursuant to Article 1 (commencing
with Section 27500) of Chapter 4 of Division 6 of Title 4 of
Part 6, or pursuant to any provision listed in subdivision (a)
of Section 16585, forms provided pursuant to Section 12084, as
that section read prior to being repealed, reports provided
pursuant to Article 1 (commencing with Section 26700) and
Article 2 (commencing with Section 26800) of Chapter 2 of
Division 6 of Title 4 of Part 6, that are not dealers' records
of sales of firearms, and reports of stolen, lost, found,
pledged, or pawned property in any city or county of this state,
and shall, upon proper application therefor, furnish this
information to the officers referred to in Section 11105.
(b) (1) The Attorney General shall permanently keep and
properly file and maintain all information reported to the
Department of Justice pursuant to the following provisions as to
firearms and maintain a registry thereof:
(A) Article 1 (commencing with Section 26700) and Article 2
(commencing with Section 26800) of Chapter 2 of Division 6 of
Title 4 of Part 6.
(B) Article 1 (commencing with Section 27500) of Chapter 4
of Division 6 of Title 4 of Part 6.
(C) Chapter 5 (commencing with Section 28050) of Division 6
of Title 4 of Part 6.
(D) Any provision listed in subdivision (a) of Section
16585.
(E) Former Section 12084.
(F) Any other law.
(2) The registry shall consist of all of the following:
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(A) The name, address, identification of, place of birth
(state or country), complete telephone number, occupation, sex,
description, and all legal names and aliases ever used by the
owner or person being loaned the particular firearm as listed on
the information provided to the department on the Dealers'
Record of Sale, the Law Enforcement Firearms Transfer (LEFT), as
defined in former Section 12084, or reports made to the
department pursuant to any provision listed in subdivision (a)
of Section 16585 or any other law.
(B) The name and address of, and other information about,
any person (whether a dealer or a private party) from whom the
owner acquired or the person being loaned the particular firearm
and when the firearm was acquired or loaned as listed on the
information provided to the department on the Dealers' Record of
Sale, the LEFT, or reports made to the department pursuant to
any provision listed in subdivision (a) of Section 16585 or any
other law.
(C) Any waiting period exemption applicable to the
transaction which resulted in the owner of or the person being
loaned the particular firearm acquiring or being loaned that
firearm.
(D) The manufacturer's name if stamped on the firearm,
model name or number if stamped on the firearm, and, if
applicable, the serial number, other number (if more than one
serial number is stamped on the firearm), caliber, type of
firearm, if the firearm is new or used, barrel length, and color
of the firearm, or, if the firearm is not a handgun and does not
have a serial number or any identification number or mark
assigned to it, that shall be noted.
(3) Information in the registry referred to in this
subdivision shall, upon proper application therefor, be
furnished to the officers referred to in Section 11105, to a
city attorney prosecuting a civil action, solely for use in
prosecuting that civil action and not for any other purpose, or
to the person listed in the registry as the owner or person who
is listed as being loaned the particular firearm.
(4) If any person is listed in the registry as the owner of
a firearm through a Dealers' Record of Sale prior to 1979, and
the person listed in the registry requests by letter that the
Attorney General store and keep the record electronically, as
well as in the record's existing photographic, photostatic, or
nonerasable optically stored form, the Attorney General shall do
so within three working days of receipt of the request. The
Attorney General shall, in writing, and as soon as practicable,
notify the person requesting electronic storage of the record
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that the request has been honored as required by this paragraph.
(c) (1) Any officer referred to in paragraphs (1) to (6),
inclusive, of subdivision (b) of Section 11105 may disseminate
the name of the subject of the record, the number of the
firearms listed in the record, and the description of any
firearm, including the make, model, and caliber, from the record
relating to any firearm's sale, transfer, registration, or
license record, or any information reported to the Department of
Justice pursuant to Section 26225, Article 1 (commencing with
Section 26700) and Article 2 (commencing with Section 26800) of
Chapter 2 of Division 6 of Title 4 of Part 6, Article 1
(commencing with Section 27500) of Chapter 4 of Division 6 of
Title 4 of Part 6, Chapter 5 (commencing with Section 28050) of
Division 6 of Title 4 of Part 6, Article 2 (commencing with
Section 28150) of Chapter 6 of Division 6 of Title 4 of Part 6,
Article 5 (commencing with Section 30900) of Chapter 2 of
Division 10 of Title 4 of Part 6, Chapter 2 (commencing with
Section 33850) of Division 11 of Title 4 of Part 6, or any
provision listed in subdivision (a) of Section 16585, if the
following conditions are met:
(A) The subject of the record has been arraigned for a
crime in which the victim is a person described in subdivisions
(a) to (f), inclusive, of Section 6211 of the Family Code and is
being prosecuted or is serving a sentence for the crime, or the
subject of the record is the subject of an emergency protective
order, a temporary restraining order, or an order after hearing,
which is in effect and has been issued by a family court under
the Domestic Violence Protection Act set forth in Division 10
(commencing with Section 6200) of the Family Code.
(B) The information is disseminated only to the victim of
the crime or to the person who has obtained the emergency
protective order, the temporary restraining order, or the order
after hearing issued by the family court.
(C) Whenever a law enforcement officer disseminates the
information authorized by this subdivision, that officer or
another officer assigned to the case shall immediately provide
the victim of the crime with a "Victims of Domestic Violence"
card, as specified in subparagraph (H) of paragraph (9) of
subdivision (c) of Section 13701.
(2) The victim or person to whom information is
disseminated pursuant to this subdivision may disclose it as he
or she deems necessary to protect himself or herself or another
person from bodily harm by the person who is the subject of the
record.
(d)This section shall become operative January 1, 2014.
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Proposed Amendment 2
On page 4, between lines 10 and 11, insert:
(c) A firearms dealer who stores a firearm or firearms pursuant
to subdivision (a) shall notify the Department of Justice of
when the firearms dealer has taken possession of the firearm or
firearms and when the owner has taken back possession of the
firearm or firearms.