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