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 30, 2013 Consultant: Jolie Onodera SUSPENSE FILE. AS PROPOSED TO BE AMENDED. 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 (as proposed to be amended): 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). AB 539 (Pan) Page 1 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 AB 539 (Pan) Page 2 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. The proposed author amendments address chaptering out issues with SB 53 (de León) and AB 500 (Ammiano) 2013.