BILL ANALYSIS Ó
AB 1609
Page 1
ASSEMBLY THIRD READING
AB 1609 (Alejo)
As Amended May 23, 2014
Majority vote
PUBLIC SAFETY 5-2 APPROPRIATIONS 12-5
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|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 |
| | | | |
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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.
3)Specifies that the provisions of this bill only apply to the
acquisition of firearms from an out of state source after
January 1, 2015.
4)Provides that a California resident who acquires ownership of
a firearm by bequest or intestate succession who imports the
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firearm into this state, brings the firearm into this state or
transports the firearm into this state if both of the
following conditions apply:
a) If the firearm were physically received within this
state, the receipt of that firearm by that individual would
be exempt from the provisions requiring transfer through a
licensed dealer; and
b) The person who acquired the firearm reports his or her
ownership of that firearm to the Department of Justice
(DOJ) in a format prescribed by the department.
5)Exempts specified firearms licensees who are on the DOJ
Centralized list from the provisions of this legislation.
6)Exempts persons who have obtained specified DOJ permits to
deliver weapons from the requirements imposed by this bill.
7)Exempts transactions in restricted weapons from the
requirements of this bill if the transactions comply with the
procedure set forth for restricted weapons.
8)Makes specified findings and declarations.
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
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
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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
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.
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2)Negligible administrative costs to the DOJ, 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: 0003600