BILL ANALYSIS Ó
AB 685
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Date of Hearing: April 9, 2013
Counsel: Shaun Naidu
ASSEMBLY COMMITTEE ON PUBLIC SAFETY
Tom Ammiano, Chair
AB 685 (Achadjian) - As Amended: April 2, 2013
SUMMARY : Provides that the spouse or domestic partner of a
state-employed peace officer who has died in the line of duty
may be authorized by the peace officer's department head to
purchase the deceased officer's state-issued handgun.
Specifically, this bill :
1)Authorizes the department head of a peace officer, as defined,
who was employed by the state and who died in the line of duty
to sell the officer's state-issued handgun to the spouse or
domestic partner of the deceased officer.
2)Requires the cost of the handgun to be the lesser of the fair
market value of the handgun as listed in the annual Blue Book
of Gun Values or replacement cost, plus a charge for handling
cost.
3)Requires the spouse or domestic partner to request the
purchase of the handgun in writing to the department within 30
calendar days of the peace officer's death.
4)Requires the sale of the firearm to be conducted through a
dealer and that the spouse or domestic partner undergo a
background check.
5)Exempts from the firearm dealer license requirement the
delivery of a firearm by a law enforcement agency to a dealer
in order for that dealer to deliver the firearm to the spouse
or domestic partner pursuant to the above provisions.
EXISTING LAW :
1)Prohibits a state employee from acquiring any goods from the
state unless the goods are offered to the general public in
the regular course of the state's business on the same terms
and conditions as those applicable to the employee. [Public
AB 685
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Contracts Code Section 10334(a).]
2)Authorizes the department head of a state law enforcement
agency to sell a state-issued handgun to a peace officer, as
defined, who retires after being employed by the state for
more than 120 months or who retires from a job-incurred
disability not related to a mental or emotional disorder and
has been granted the legal right to carry a concealed firearm.
[Public Contracts Code Section 10334(b).]
3)Punishes as a misdemeanor, with specified exceptions, the
sale, lease, or transfer of firearms by a person unless the
person has been issued a license as specified. (Penal Code
Section 26500.)
4)Exempts from the firearm dealer license requirement detailed
above the sale, delivery, or transfer of a firearm by a law
enforcement agency to a peace officer as specified. (Penal
Code Section 26610.)
5)Requires a local agency to donate the personal effects,
including firearms that are not needed for evidence in a
pending court action or investigation and that have been
rendered inoperable, of any employee police officer or deputy
sheriff who is killed in the line of duty to the family of the
officer upon the family's request. [Government Code Section
50081(c).]
FISCAL EFFECT : Unknown
COMMENTS :
1)Author's Statement : According to the author, "AB 685 will give
the spouses of peace officers who have died in the line of
duty an important family heirloom. This is the very least we
can do for the families of officers who have given the
ultimate sacrifice to keep our State safe."
2)Firearms to Retired State Peace Officers : A person who was a
state peace officer who has been duly retired through a
service retirement, or a peace officer retiring from a
job-incurred disability, and who is authorized as a retiree to
carry a concealed firearm has the ability to purchase his or
her state-issued handgun at market value or replacement cost,
if permitted by his or her department head. [Public Contracts
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Code Section 10334(b).] Furthermore, a peace officer employed
by the state, and who is authorized to carry firearms, may
purchase his or her state-issued service firearm at the fair
market value in the officer's department head directs the
department to change its service weapon system. [Public
Contracts Code Section 10334(c).]
If existing law allows a peace officer to purchase, upon
approval of his or her department head, the officer's own
state-issued handgun upon retirement or disuse of the firearm
by the department, is it unfair to not allow the widow or
widower of a slain state peace officer to purchase the same
firearm if permitted by the officer's department head?
3)Personal Effects of Slain Local Peace Officers : If a local
police officer or deputy sheriff is killed in the line of
duty, the employing law enforcement agency generally is
required to donate to the family of the slain officer the
personal effects of the officer, including pistols, revolvers,
or other firearms capable of being concealed upon the person
that have been rendered inoperable, and shooting medals if the
family so requests. [Government Code Section 50081(c).]
Under current law, there appears to be inequitable treatment
among the widow or widower of a police officer or deputy
sheriff who died in the line of duty and the widow or widower
of a state peace officer who died in the line of duty. Should
widows and widowers of state peace officers who died in the
line of duty be afforded similar opportunities to widows and
widowers of slain local peace officers?
4)Background Checks : AB 685 requires that the spouse of a state
peace officer killed in the line of duty who is requesting the
officer's state-issued handgun to undergo and pass a
background check to ensure that the spouse is a person
permitted to receive and possess the handgun.
5)Argument in Support : According to the California Association
of Highway Patrolmen , "an officer's handgun is meaningful and
holds many memories. Therefore, allowing the widow/widower to
purchase it back from the State upon the death of their spouse
may ease their pain and let them feel as if they are still
holding onto a part of them."
6)Prior Legislation : SB 428 (Strickland), of the 2011-12
AB 685
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Legislative Session, included provisions substantially similar
to this bill. Provisions similar to this bill were amended
out of SB 428.
REGISTERED SUPPORT / OPPOSITION :
Support
California Association of Highway Patrolmen (Sponsor)
California Correctional Peace Officers Association
California Rifle and Pistol Association
California Statewide Law Enforcement Association
Peace Officers Research Association of California
One private individual
Opposition
None
Analysis Prepared by : Shaun Naidu / PUB. S. / (916) 319-3744