BILL ANALYSIS Ó
AB 1020
Page 1
Date of Hearing: April 16, 2013
Counsel: Gabriel Caswell
ASSEMBLY COMMITTEE ON PUBLIC SAFETY
Tom Ammiano, Chair
AB 1020 (Bonta) - As Amended: April 10, 2013
As Proposed to be Amended in Committee
SUMMARY : Requires the Attorney General (AG) to send a letter
during the 10-day waiting period to each individual who has
applied to purchase a firearm informing him or her of firearms
laws relating to gun trafficking and safe storage.
Specifically, this bill :
1)Requires that the AG send a letter informing individuals who
have applied to purchase a firearm of the following
information:
a) That California law generally requires that all firearms
transfers be conducted through a licensed dealer.
b) That any exceptions to the requirement that transfers be
conducted through a dealer have strict limits.
c) That California law has strict limits on the loaning of
firearms and the conditions and circumstances under which a
firearm may be loaned to another person.
d) That California law prohibits any person, corporation,
or dealer from selling, loaning, or transferring a firearm
to anyone who is not the actual purchaser or transferee of
the firearm.
e) That storage of a firearm where children are likely to
gain access is a criminal offense if the child obtains
access and thereby causes death or injury.
f) It is a felony under both state and federal law,
punishable by imprisonment in state or federal prison, to
acquire a firearm for another person who is prohibited by
law from purchasing it himself or herself, which is also
known as a "straw purchase" or "straw acquisition."
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g) That where a firearm is found in the possession of a
person other than the registered owner, such cases are
fully investigated and, in cases where violations of law
are discovered, they are prosecuted to the fullest extent
of the law by both state and federal authorities.
h) That information about how to obtain additional
information from the Department of Justice, including the
department's website.
2)Require the notice to include a web address for the Department
of Justice's Summary of Firearms laws and require the
Department of Justice to update the summary annually.
EXISTING LAW :
1) Requires that handgun purchasers must take an exam on
handgun safety from an instructor and obtain a minimum 75%
passing score to receive a certificate (Penal Code Section
31615.)
2) Provides that the sale, loan or transfer of firearms in
almost all cases must be processed by, or through, a
state-licensed dealer or a local law enforcement agency with
appropriate transfer forms being used, as specified. In
those cases where dealer or law enforcement processing is
not required, as of today a handgun change of title report
must still be sent to DOJ and will require that as to all
firearms as of 1/1/2014. (Penal Code Section 27545.)
3) Requires photo identification for the purchase of a
firearm. Additionally requires that persons purchasing a
handgun be 21 years of age and those purchasing a long gun
be 18 years of age. (Penal Code Section 27510.)
4) Requires the completion of the Alcohol Tobacco and
Firearms (ATF) Form 4473 and California Dealer's Record of
Sale (DROS) form and pass a background check. (Penal Code
Section 29820.)
5) Provides on or after January 1, 1998, that persons
establishing residency within California who bring with them
and store firearms within California after that date to
report the same to DOJ. This reporting requirement will
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apply to all firearms as of 1/1/2014. (Penal Code Section
27560.)
6) Require the DOJ, upon submission of firearm purchaser
information, to examine its records to determine if the
purchaser is prohibited from possessing, receiving, owning,
or purchasing a firearm. Existing law prohibits the delivery
of a firearm within 10 days of the application to purchase,
or, after notice by the department, within 10 days of the
submission to the department of any corrections to the
application to purchase, or within 10 days of the submission
to the department of a specified fee. (Penal Code Sections
28200 to 28250.)
7) Requires that if a dealer cannot legally deliver a
firearm, the dealer shall return the firearm to the
transferor, seller, or person loaning the firearm. [Penal
Code Section 28050(d).]
8) Requires that in connection with any private party sale,
loan or transfer of a firearm, a licensed dealer must
provide the DOJ with specified personal information about
the seller and purchaser as well as the name and address of
the dealer. This personal information of buyer and seller
required to be provided includes the name; address; phone
number; date of birth; place of birth; occupation; eye
color; hair color; height; weight; race; sex; citizenship
status; and a driver's license number, California
identification card number or military identification
number. A copy of the Dealers Record of Sale (DROS),
containing the buyer and seller's personal information, must
be provided to the buyer or seller upon request. (Penal
Code Sections 28160, 28210, and 28215.)
9) Provides that various categories of persons are prohibited
from owning or possessing a firearm, including persons
convicted of certain violent offenses, and persons who have
been adjudicated as having a mental disorder, among others.
(Penal Code Sections 29800 to 29825, inclusive, 29900,
29905, 30305 and WIC Sections 8100 and 8103.)
10) Prohibits persons who know or have reasonable cause to
believe that the recipient is prohibited from having
firearms and ammunition to supply or provide the same with
firearms or ammunition. (Penal Code Section 27500 and 30306,
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and WIC Section 8101.)
FISCAL EFFECT : Unknown
COMMENTS :
1)Author's Statement : According to the author, "AB 1020 takes a
successful program implemented by the Los Angeles City
Attorney's Office to inform potential firearms purchasers of
their rights and responsibilities and expands it statewide.
"The mail program was first developed in consultation with the
U.S. Bureau of Alcohol, Tobacco, Firearms, and Explosives
(ATF), California Department of Justice (CalDOJ), Los Angeles
Police Department, and the Los Angeles City Attorney's Office,
among others.
"Research suggests that one important flow of illegal guns to
criminals involves legal purchasers who engaged in one or two
"straw purchases" to provide guns to someone with a
disqualifying criminal record. The mail campaign was premised
on the idea that straw purchasers can be deterred from
illegally transferring guns. Because these individuals had no
prior arrests or convictions that prohibited them from making
a legal firearm purchase, they could be deterred more easily
than individuals with an existing criminal history.
"According to several RAND studies, the mail program had a
significantly increased the number of firearms reported lost
and stolen-more than doubling the reporting. Additionally,
there was an increase in approved firearms transactions not
being completed, suggesting a deterrence effect, but the
results require further examination."
2)Handgun Safety Certificate : All handgun purchasers in the
State of California must take an exam on handgun safety from
an instructor and obtain a minimum 75% passing score to
receive a certificate (Penal Code Section 31615.) Effective
January 1, 2003, the Basic Firearms Safety Certificate Program
was replaced with the Handgun Safety Certificate Program.
These new statutes affect the general public in two principal
ways. First, unless exempt, individuals must possess a Handgun
Safety Certificate (HSC) prior to purchasing or acquiring a
handgun. Second, unless exempt, individuals must perform a
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safe handling demonstration prior to taking delivery of a
handgun from a licensed dealer. HSCs are acquired by taking
and passing a written test on handgun safety, generally at
participating firearms dealerships and private firearms
training facilities. A written guide is available to help
individuals prepare for the Handgun Safety Certificate Test
for purchase at firearms dealerships at $.50 each. There is
also a Handgun Safety Certificate Video available for purchase
at firearms dealerships or from DOJ Certified Instructors at
$5.00 each. The handgun safety demonstration protocols and
DOJ Certified Instructor standards have been established and
implemented by DOJ.
3)Numbers of Gun Sales in California : The number of gun sales
in California is relatively high. Over the last five years of
reported data (2007-2011) the numbers have been increasing.
In 2007 there were 370,628 Dealer's Records of Sale reported
in the state of California. In 2011 there were 601,243
Dealer's Records of Sale reported to the DOJ. Therefore as of
2011, over 600,000 letters would have to be sent to firearms
purchasers in California under this legislation. It has been
widely reported in the media that following the tragedy at
Sandy Hook Elementary School on December 14, 2012 that gun
sales have increased significantly following proposed
legislative efforts throughout the United States to impose
stricter regulations on gun sales. Therefore, the 2013 gun
sales in California will likely be much higher.
4)Argument in Support : According to the California Chapters of
the Brady Campaign , "California law requires that a 10-day
waiting period be observed after the initial purchase of a
firearm and before delivery of the firearm to the prospective
purchaser. This period of time allows the Department of
Justice, in most cases, to perform a thorough background check
and it serves as a cooling off period. This bill would
require the Attorney General to send a letter during the
10-day waiting period to each individual who has applied to
purchase a firearm informing him or her of firearms laws
relating to gun trafficking and safe storage.
"Between May 2007 and September 2008 a controlled study was
performed in the City of Los Angeles aimed at new gun buyers
to determine whether a public safety message delivered by mail
during the waiting period could modify gun purchasers'
behaviors. The letter was intended to improve gun law
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awareness and was cosigned by the City Attorney, the Attorney
General and the Los Angeles Chief.
"The study concluded that the letter appeared to have no
effect on the legal firearm transfer rate of guns showing up
in a crime. However, the rate at which guns were reported
stolen by those who received the letter was more than twice
the rate for those who did not receive the letter. Overall,
the authors concluded that gun law messaging increased the
likelihood that new gun owners would report the theft of
recently purchased firearms. What could not be determined
from the study was whether the increase in theft reports was
the result of straw buyers filing false reports to try and
break the paper trail that would lead back to their illegal
activities. In either case, the additional data on gun theft
is of investigative value to law enforcement."
5)Argument in Opposition: None submitted.
6)Related Legislation:
a) AB 740 (Alejo) deals with various gun licensure,
receipt, and transfer issues. AB 740 will make the "federal
advance ship" requirement a specific state law requirement
as well. AB 740 is pending in this committee.
b) SB 140 (Leno) appropriates $24.0 million from the DROS
special account to the Department of Justice for
firearms-related regulatory and enforcement activities
primarily for SB 950 enforcement. SB 140 is pending in the
Assembly.
c) SB 374 (Steinberg) deals with various firearm
registration issues, primarily as to handguns. SB 374 is
pending in the Senate Public Safety Committee.
REGISTERED SUPPORT / OPPOSITION :
Support
California Chapters of the Brady Campaign
Coalition Against Gun Violence
Coalition to Prevent Gun Violence
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Opposition
California Rifle and Pistol Association
National Rifle Association
Analysis Prepared by : Gabriel Caswell / PUB. S. / (916)
319-3744