BILL ANALYSIS Ó
Senate Appropriations Committee Fiscal Summary
Senator Kevin de León, Chair
AB 1609 (Alejo) - Firearms.
Amended: June 17, 2014 Policy Vote: Public Safety 5-2
Urgency: No Mandate: Yes
Hearing Date: August 4, 2014
Consultant: Jolie Onodera
This bill does not meet the criteria for referral to the
Suspense File.
Bill Summary: AB 1609 would clarify the regulations for direct
shipment requirements for transfer of ownership of firearms
purchased outside the state of California.
Fiscal Impact:
Potential non-reimbursable local enforcement and
incarceration costs to the extent violations are charged
under these provisions of law.
Minor, if any, state incarceration costs (General Fund), as
violations of this provision could be similarly punishable
under existing law pursuant to dealer transaction
requirements under Penal Code (PC) § 27545.
Minor administrative costs to the Department of Justice
(DOJ) to process additional forms required for out of state
purchases and transfers, offset by increased fee revenue
(Special Fund*) for firearms transactions.
*Dealers' Record of Sale (DROS) Account
Background: Existing federal law provides that it is 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 the person resides
any firearm purchased or otherwise obtained by such person
outside the state, with the following exceptions:
Does not preclude a person who lawfully acquires a
firearm by bequest or intestate succession in a state other
than the 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 the firearm in that
state.
Does not apply to the transportation or receipt of a
AB 1609 (Alejo)
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firearm obtained in conformity as specified.
Does not apply to the transportation of any firearm
acquired in any state prior to the effective date of the
federal chapter of law (December 16, 1968).
(18 U.S.C. 922(a)(3).)
Under federal law, it is unlawful for any person other than a
licensed importer, manufacturer, dealer, or collector to
transfer, sell, trade, give, transport, or deliver any firearm
to any person who the transferor knows or has reasonable cause
to believe does not reside in the state in which the transferor
resides, except these provisions do not apply to the following:
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 or her residence.
The loan or rental of a firearm to any person for
temporary use for lawful sporting purposes. (18 U.S.C.
922(a)(5).)
Proposed Law: This bill would prohibit a California resident
from importing, bringing, or transporting into this state any
firearm that he or she purchased or otherwise obtained from
outside the state unless he or she first has the firearm
delivered to a dealer in California. This dealer transaction
would be subject to the following:
A 10-day waiting period.
A purchaser background check.
Possession of a handgun safety certificate by the
purchaser.
This bill makes a violation of these provisions involving a
firearm that is not a handgun a misdemeanor, and a violation
involving a handgun an alternate felony/misdemeanor punishable
by imprisonment in county jail for up to one year for a
misdemeanor, or 16 months, two years or three years in county
jail for a felony (or in state prison if the defendant has a
prior serious or violent felony), a fine of up to $1,000, or
both that fine and imprisonment.
This bill specifies that its provisions would only apply to the
acquisition of firearms from an out of state source after
January 1, 2015.
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This bill provides that a California resident who acquires
ownership of a firearm by bequest or intestate succession, or as
an executor or administrator of an estate, who imports, brings
or transports the firearm into this state is exempt from the
prohibition if specified conditions apply, including but not
limited to reporting to DOJ within 30 days of taking possession
of the firearm and being at least 18 years of age.
This bill provides for specified exemptions from its provisions
for persons with DOJ permits or specified licensees.
Related Legislation: AB 740 (Alejo) 2013 contained both the
provisions of this bill as well as required electronic
notification to DOJ regarding prohibited person status. This
bill was held on the Suspense File of the Assembly Committee on
Appropriations.
Staff Comments: The DOJ has indicated minor administrative costs
(Special Fund) to process additional forms required for out of
state purchases and transfers. These costs would be offset in
part by increased fee revenue for firearms transactions.
To the extent violations are charged under these provisions of
law would result in non-reimbursable local enforcement and
incarceration costs. It is estimated that state costs (General
Fund), would be minor, if any, as violations of the provisions
of this bill could be similarly punishable under existing law
pursuant to dealer transaction requirements under PC § 27545.