BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                  AB 685
                                                                  Page  1

          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  








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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  








                                                                  AB 685
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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  








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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