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 AB 685 Page 2 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 Page 3 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 Page 4 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