BILL ANALYSIS Ó
Senate Appropriations Committee Fiscal Summary
Senator Kevin de León, Chair
AB 539 (Pan) - Firearm temporary prohibition: transfer to
licensed dealers.
Amended: April 29, 2013 Policy Vote: Public Safety 7-0
Urgency: No Mandate: Yes
Hearing Date: August 12, 2013
Consultant: Jolie Onodera
This bill meets the criteria for referral to the Suspense File.
Bill Summary: AB 539 would authorize a person who is temporarily
prohibited from owning or possessing a firearm to transfer his
or her firearm to a licensed firearms dealer for storage for the
duration of the prohibition, as specified.
Fiscal Impact:
One-time costs of $340,000 (Special Fund*) to the
Department of Justice (DOJ) to modify existing data systems.
Ongoing costs of about $75,000 for maintenance, licenses,
and storage-related costs.
Minor one-time costs of less than $10,000 (General Fund**)
to the Judicial Council to modify forms.
Non-reimbursable local costs associated with requirements
on local agencies relating to the transfer of firearms to
licensed firearms dealers, as existing law authorizes local
agencies to impose a fee equal to its administrative costs
relating to the seizure, impounding, storage, or release of
a firearm to firearms dealers.
*Dealers' Record of Sale (DROS) Special Account
**Trial Court Trust Fund
Background: Existing law prohibits specified persons, including
persons convicted of specified crimes, persons addicted to the
use of any narcotic drug, certain probationers, and persons
against whom specified restraining orders or injunctions apply,
from possessing a firearm. Under existing law, a person who is
prohibited from owning or possessing a firearm is authorized to
sell or transfer his or her firearm to a licensed firearms
dealer if the firearm is deposited with a law enforcement agency
and the agency determines that the person is the legal owner and
the firearm is otherwise legal (Penal Code section 33870).
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The prohibition from ownership or possession of a firearm can be
permanent or for a specified period of time, for example, 10
years from the date of conviction for specified misdemeanors or
as specified in a court-ordered temporary restraining order or
injunction.
The ability to transfer firearms to licensed firearms dealers
under existing law does not specify whether an owner who is
temporarily prohibited from possessing a firearm has the ability
to retake possession of the firearm when the prohibition ends.
This bill would explicitly provide for that alternative.
Proposed Law: This bill would allow a person who is temporarily
prohibited from owning or possessing a firearm to transfer any
firearm(s) in his or her possession, or of which he or she is
the owner, to a licensed firearms dealer for storage during the
duration of the prohibition, if the prohibition will expire on a
date specified in the court order. In addition, this bill:
Authorizes a licensed firearms dealer who stores a
firearm as provided to charge the owner a fee for the
storage of the firearm.
Requires a licensed firearms dealer who stores a firearm
as provided above to notify the DOJ when the dealer has
taken possession of the firearm and when the owner has
retaken possession of the firearm.
Provides that the notice of the temporary prohibition on
owning or possessing a firearm on the court order shall
inform the person that he or she may elect to have his or
her firearm transferred to a licensed firearms dealer.
Requires on the notice issued by the Judicial Council on
all protective orders to respondents regarding the firearms
prohibition 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.
Makes conforming changes to authorize a person
temporarily prohibited from owning or possessing a firearm
to transport firearms to a licensed firearms dealer for
transfer or storage.
Prior Legislation: AB 837 (Feuer) Chapter 698/2008 specifically
prohibited the issuance of certain firearms permits and the
transfer of firearms if the applicant or transferee was
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prohibited from possessing, receiving, purchasing, or owning a
firearm under federal law as well as state law.
Staff Comments: The DOJ will incur one-time staffing and
equipment costs of $340,000 (Special Fund) to modify existing
systems including the DROS Entry System, Automated Firearms
System (AFS), the California Firearms Information Gateway, and
the Armed Prohibited Persons System (APPS) in order to implement
the new prohibition and temporary storage of firearms
functionality. Ongoing costs in the range of $75,000 (Special
Fund) are estimated for maintenance, licenses, and
storage/backup.
The provisions of this bill will require the Judicial Council to
revise the protective order form. One-time costs of less than
$10,000 (General Fund) are estimated to revise the form and make
necessary translations.
Under existing law, state and local agencies may adopt a
regulation, ordinance, or resolution imposing a charge equal to
its administrative costs relating to the seizure, impounding,
storage, or release of a firearm. The fee must not exceed the
actual costs incurred for the expenses directly related to
taking possession of a firearm, storing the firearm, and
surrendering possession of the firearm to a licensed firearms
dealer or to the owner. As a result, any additional costs to
local agencies related to the transfer of firearms to licensed
firearms dealers pursuant to the provisions of this bill are
estimated to be recoverable through fees.