BILL ANALYSIS Ó AB 1609 Page 1 ASSEMBLY THIRD READING AB 1609 (Alejo) As Introduced February 6, 2014 Majority vote PUBLIC SAFETY 5-2 APPROPRIATIONS 12-5 ------------------------------------------------------------------- |Ayes:|Ammiano, Jones-Sawyer, |Ayes:|Gatto, Bocanegra, Bradford, | | |Quirk, Skinner, Stone, | |Ian Calderon, Campos, Eggman, | | | | |Gomez, Holden, Pan, Quirk, | | | | |Ridley-Thomas, Weber | | | | | | |-----+-----------------------+-----+-------------------------------| |Nays:|Melendez, Waldron |Nays:|Bigelow, Allen, Donnelly, | | | | |Linder, Wagner | | | | | | ------------------------------------------------------------------- SUMMARY : Clarifies the regulations for direct shipment requirements for transfer of ownership of firearms. Specifically, this bill : 1)Requires a California resident who seeks to own and possess within the state a firearm acquired from outside the state to have the firearm delivered to a dealer in this state for delivery pursuant to specified requirements and exceptions to those requirements. The specified requirements include: a) A 10-day waiting period; b) A purchaser background check; and c) Possession of a handgun safety certificate by the purchaser. 2)Makes a violation of these provisions involving a firearm that is not a handgun a misdemeanor, and a violation involving a handgun a misdemeanor or a felony. EXISTING FEDERAL LAW : 1)States that under federal law, it shall be unlawful for any person other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector to transport into or AB 1609 Page 2 receive in the state where he resides (or if the person is a corporation or other business entity, the state where it maintains a place of business) any firearm purchased or otherwise obtained by such person outside that state, except that this paragraph: a) Shall not preclude any person who lawfully acquires a firearm by bequest or intestate succession in a state other than his state of residence from transporting the firearm into or receiving it in that state, if it is lawful for such person to purchase or possess such firearm in that state; b) Shall not apply to the transportation or receipt of a firearm obtained in conformity as specified; and c) Shall not apply to the transportation of any firearm acquired in any state prior to the effective date of this chapter. 2)States that under federal law, it shall be unlawful for any person (other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector) to transfer, sell, trade, give, transport, or deliver any firearm to any person (other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector) who the transferor knows or has reasonable cause to believe does not reside in (or if the person is a corporation or other business entity, does not maintain a place of business in) the state in which the transferor resides; except that this paragraph shall not apply to: a) The transfer, transportation, or delivery of a firearm made to carry out a bequest of a firearm to, or an acquisition by intestate succession of a firearm by, a person who is permitted to acquire or possess a firearm under the laws of the state of his residence; and b) The loan or rental of a firearm to any person for temporary use for lawful sporting purposes. 3)States that under federal law it shall be unlawful for any licensed importer, licensed manufacturer, licensed dealer, or licensed collector to sell or deliver any firearm to any AB 1609 Page 3 person in any state where the purchase or possession by such person of such firearm would be in violation of any state law or any published ordinance applicable at the place of sale, delivery or other disposition, unless the licensee knows or has reasonable cause to believe that the purchase or possession would not be in violation of such state law or such published ordinance. FISCAL EFFECT : According to the Assembly Appropriations Committee: 1)Unknown, likely minor, local incarceration costs, to the extent anyone is sentenced under this state section. For purpose of context, no one was committed to state prison in the two years prior to realignment for violating the dealer requirements this bill applies to out-of-state transfers. 2)Negligible administrative costs to the Department of Justice, as these requirements are already federal law. COMMENTS : According to the author, "I support the 2nd Amendment, but I have seen too many families torn apart by criminal behavior involving firearms. I am not going to sit by idly and wait for more. The safety of our children and families has to be top priority, and I am willing to fight for their protection. "Every day, guns are being purchased across state lines in Nevada and Arizona, trafficked into California, and sold to criminals on our streets. I represent the City of Salinas, which has one of the highest rates of gun violence amongst youths in the nation. These youths are getting guns through illegal transactions from out of state purchasers. I am confident that this bill will cut down on the number of guns on the streets of our most vulnerable cities by giving state law enforcement the tools to enforce what in many cases is now federal law. This bill will not affect those who abide by the law, only those who break it." Please see the policy committee analysis for a full discussion of this bill. Analysis Prepared by : Gabriel Caswell / PUB. S. / (916) 319-3744 FN: AB 1609 Page 4 0003160