BILL ANALYSIS Ó
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THIRD READING
Bill No: AB 539
Author: Pan (D)
Amended: 9/11/13 in Senate
Vote: 21
SENATE PUBLIC SAFETY COMMITTEE : 7-0, 6/25/13
AYES: Hancock, Anderson, Block, De León, Knight, Liu, Steinberg
SENATE APPROPRIATIONS COMMITTEE : 7-0, 8/30/13
AYES: De León, Walters, Gaines, Hill, Lara, Padilla, Steinberg
ASSEMBLY FLOOR : 78-0, 5/30/13 - See last page for vote
SUBJECT : Firearm possession: prohibitions: transfer to
licensed dealer
SOURCE : Author
DIGEST : This bill allows a person who is temporarily
prohibited from owning or possessing a firearm to transfer
firearms in his/her possession or ownership to a licensed
firearms dealer for storage during the period of prohibition, as
specified.
Senate Floor Amendments of 9/11/13 provide that a dealer who
takes possession of a firearm temporarily from a person who is
prohibited from possessing that firearm for a time certain,
shall, before returning the firearm to the owner at the end of
the prohibition period, follow the normal background check
process through the Department of Justice (DOJ).
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ANALYSIS :
Existing bill:
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/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/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 DOJ, a notice to the person
informing him/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
owns or possesses a firearm knowing that he/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.
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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.
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/her possession, or of which he/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 DOJ when the dealer has taken possession
of the firearm.
4. States that any firearm that is returned by the dealer to the
owner of the firearm shall follow the normal background check
process through the DOJ.
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5. 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/she
may elect to have his/her firearm transferred to a licensed
firearms dealer.
6. 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.
7. Makes conforming changes to allow a person who is temporarily
prohibited from owning or possessing a firearm to transport
firearms in his/her ownership or possession to a licensed
firearms dealer for transfer or storage as allowed above.
8. Adds double-jointing language with SB 53 (de Leyn) and AB 500
(Ammiano).
Comments
Under existing law, a person who is prohibited from owning or
possessing a firearm is entitled to sell or transfer his/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.
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.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: Yes
According to the Senate Appropriations Committee:
One-time costs of $340,000 (Special Fund*) to the DOJ to
modify existing data systems. Ongoing costs of about $75,000
for maintenance, licenses, and storage-related costs.
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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
SUPPORT : (Verified 9/3/13)
Brady Campaign to Prevent Gun Violence
California Public Defenders Association
California Rifle and Pistol Association
Law Center to Prevent Gun Violence
National Rifle Association of America
ARGUMENTS IN SUPPORT : According to the author, "Current law
prohibits specified persons from possessing a firearm, and the
individual must deliver or transport any firearms to a law
enforcement agency for that agency's disposal. This requirement
applies even when the prohibition is temporary. AB 539 allows
individual that are temporarily placed on the prohibited persons
list to have their firearms stored at a licensed firearms
dealer."
ASSEMBLY FLOOR : 78-0, 5/30/13
AYES: Achadjian, Alejo, Allen, Ammiano, Atkins, Bigelow, Bloom,
Blumenfield, Bocanegra, Bonilla, Bonta, Bradford, Brown,
Buchanan, Ian Calderon, Campos, Chau, Chávez, Chesbro, Conway,
Cooley, Dahle, Daly, Dickinson, Donnelly, Eggman, Fong, Fox,
Frazier, Beth Gaines, Garcia, Gatto, Gomez, Gonzalez, Gordon,
Gorell, Gray, Grove, Hagman, Hall, Harkey, Roger Hernández,
Jones, Jones-Sawyer, Levine, Linder, Logue, Lowenthal,
Maienschein, Mansoor, Medina, Melendez, Mitchell, Morrell,
Mullin, Muratsuchi, Nazarian, Nestande, Olsen, Pan, Patterson,
Perea, V. Manuel Pérez, Quirk, Quirk-Silva, Rendon, Salas,
Skinner, Stone, Ting, Wagner, Waldron, Weber, Wieckowski,
Wilk, Williams, Yamada, John A. Pérez
NO VOTE RECORDED: Holden, Vacancy
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JG:d 9/11/13 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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