BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                  AB 740
                                                                  Page  1

          Date of Hearing:   May 8, 2013

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                  Mike Gatto, Chair

                     AB 740 (Alejo) - As Amended:  April 8, 2013 

          Policy Committee:                              Public  
          SafetyVote:  5-2

          Urgency:     No                   State Mandated Local Program:  
          Yes    Reimbursable:              No           

           SUMMARY  

          This bill applies the definition of infrequent transactions to  
          all gun transactions; specifies regulations for direct shipment  
          sales of guns; and requires electronic notification to the  
          Department of Justice (DOJ) from state courts regarding  
          specified information related to mental status of persons who  
          may be prohibited from possessing a gun. Specifically, this  
          bill:  

          1)Defines infrequent, for purposes of prohibiting gun transfers,  
            as less than 6 transactions in a calendar year involving any  
            gun, not just a handgun.  

          2)Specifies it is a misdemeanor to receive a gun from a  
            state-licensed dealer when the recipient knows that the  
            transaction is illegal and has not followed current law  
            requirements.

          3)Specifies that transporting guns into California to illegally  
            dispose of them is a trafficking offense punishable under  
            state law as a misdemeanor.

          4)Specifies that a gun purchased out-of-state by a California  
            resident, for transport into California, must go through an  
            in-state dealer, following the same procedures for an in-state  
            transaction. Failure to do so is a misdemeanor.   
           
           FISCAL EFFECT  

          1)Moderate one-time and ongoing special fund costs to DOJ,  
            likely in the range of $150,000 in the first year, for  








                                                                  AB 740
                                                                  Page  2

            programming to receive, retain and share electronic  
            notifications. Ongoing costs likely less than $100,000.  
            (Dealer Record of Sale Account) 

          2)Unknown, likely minor nonreimbursable local law enforcement  
            costs, offset to a degree by fine revenue, as a result of  
            creating a misdemeanor for receiving a gun from a licensed  
            dealer when the receiver should have known the transaction  
            does not conform to state law.  

           COMMENTS  

           Rationale  . The author contends these changes will help protect  
          public safety by helping law enforcement fight gun trafficking,  
          especially from sources outside of the state. Among other  
          provisions, the bill would prohibit any person from bringing a  
          firearm into the state with the intent to illegally sell the  
          weapon.  
           Analysis Prepared by  :    Geoff Long / APPR. / (916) 319-2081