BILL ANALYSIS Ó
AB 539
Page 1
ASSEMBLY THIRD READING
AB 539 (Pan)
As Amended April 29, 2013
Majority vote
PUBLIC SAFETY 6-0 APPROPRIATIONS 17-0
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|Ayes:|Ammiano, Melendez, |Ayes:|Gatto, Harkey, Bigelow, |
| |Jones-Sawyer, Mitchell, | |Bocanegra, Bradford, Ian |
| |Quirk, Waldron | |Calderon, Campos, |
| | | |Donnelly, Eggman, Gomez, |
| | | |Hall, Ammiano, Linder, |
| | | |Pan, Quirk, Wagner, Weber |
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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.
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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
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.
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.
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.
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.
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
AB 539
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owns or possesses a firearm knowing that he or she is
prohibited from doing so.
6)Allows a person who is otherwise prohibited from possessing a
firearm to possess the firearm if all of the following
conditions are met:
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.
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.
FISCAL EFFECT : According to the Assembly Appropriations
Committee:
1)Moderate one-time special fund costs to DOJ for minor data
systems upgrades, in the range of $300,000, with related
ongoing costs in the range of $50,000, and minor costs for
adding information to an existing notice. These costs would
be covered by existing Dealer Record of Sales fees.
2)Minor costs to the Judicial Council for adding information to
an existing notice.
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COMMENTS : 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."
Please see the policy committee analysis for a full discussion
of this bill.
Analysis Prepared by : Shaun Naidu / PUB. S. / (916) 319-3744
FN: 0000773