BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | AB 1609|
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THIRD READING
Bill No: AB 1609
Author: Alejo (D)
Amended: 8/19/14 in Senate
Vote: 21
SENATE PUBLIC SAFETY COMMITTEE : 5-2, 6/24/14
AYES: Hancock, De León, Liu, Mitchell, Steinberg
NOES: Anderson, Knight
SENATE APPROPRIATIONS COMMITTEE : 5-2, 8/4/14
AYES: De León, Hill, Lara, Padilla, Steinberg
NOES: Walters, Gaines
ASSEMBLY FLOOR : 49-25, 5/28/14 - See last page for vote
SUBJECT : Firearms
SOURCE : Author
DIGEST : This bill clarifies the regulations for direct
shipment requirements for transfer of ownership of firearms.
Senate Floor Amendments of 8/19/14 make a variety of technical
changes, including moving the exemptions relating to intestate
succession and a person acting as the executor of an estate;
clarify the intestate succession exemption by adding a section
dealing with intestate succession and bequest between spouses
and domestic partners; and add double-jointing language with SB
53 (De León) and SB 808 (De León).
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ANALYSIS :
Existing federal law:
1. 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:
A. 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.
B. Does not apply to the transportation or receipt of a
firearm obtained in conformity as specified.
C. 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).
1. States it is 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 these provisions do not apply to the
following:
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
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temporary use for lawful sporting purposes.
1. States it is 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.
Existing state law:
1. Requires all sales, loans, and transfers of firearms to be
processed through or by a state-licensed firearms dealer or a
local law enforcement agency.
2. Allows the Department of Justice (DOJ) to charge a fee for
the actual costs associated with the preparation, sale,
processing, and filing of forms or reports required or
utilized pursuant to provisions of law requiring individuals
to report the acquisition of a firearm to the DOJ.
This bill:
1. Prohibits, commencing January 1, 2015, a California resident
to import, bring or transport into California, any firearm
that he/she purchased or otherwise obtained from outside the
state unless he/she first has the firearm delivered to a
dealer in California. This transaction would be subject to:
A. A 10-day waiting period;
B. A purchaser background check; and
C. Possession of a handgun safety certificate by the
purchaser.
1. 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.
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2. Provides that a California resident who acquires ownership
of a firearm by bequest or intestate succession who imports,
brings or transports the firearm into this state is exempt
for the prohibition on importing, bringing or transporting
firearms into the state, if all 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;
B. Within 30 days of taking possession of the firearm and
bringing it into the state, he/she shall forward by
prepaid mail, or deliver in person to DOJ, a report that
includes information concerning the individual taking
possession of the firearm, how title was obtained and from
whom, and a description of the firearm in question;
C. Have or obtain a firearm safety certificate for any
firearm, except that in the case of a handgun, an
unexpired handgun safety certificate may be used;
D. The receipt of that firearms by the individual is
infrequent; and
E. The person acquiring ownership of that firearm by
bequest or intestate succession is 18 years or age.
1. Provides that a California resident who acquires ownership
of a firearm as the executor or administrator of an estate,
who imports, brings or transports the firearm into this state
is exempted from the prohibition on importing, bringing or
transporting firearms into the state if all 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;
B. Within 30 days of taking possession of the firearm and
bringing it into the state, he/she shall forward by
prepaid mail, or deliver in person to DOJ, a report that
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includes information concerning the individual taking
possession of the firearm, how title was obtained and from
whom, and a description of the firearm in question;
C. If the executor or administrator subsequently acquires
ownership of that firearm, he/she is required to comply
existing law; and
D. The executor or administrator is 18 years of age or
older.
1. Provides that a California resident who acquires ownership
of a firearm and is military, as specified, who imports,
brings or transports a firearm into this state is exempted
from the prohibition on importing, bringing or transporting
firearms into the state if all of the following conditions
apply:
A. The firearm is imported into this country pursuant to
specified provisions of United States Code.
B. The person is not subject to specified requirements.
C. The firearm is not a firearm that is prohibited.
D. The firearm is not an assault weapon.
E. The firearm is not a machinegun.
F. The firearm is not a .50 BMG rifle.
G. The firearm is not a destructive device.
H. The person is 18 years of age or older.
I. Within 30 days of that person taking possession of the
firearm and importing, bringing, or transporting it into
this state, the person shall submit a report to the DOJ,
in a manner prescribed by the DOJ, that includes
information concerning the individual taking possession of
the firearm, how title was obtained and from whom, and a
description of the firearm in question.
1. Provides that a California resident who acquires ownership
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of the firearm by bequest or intestate succession as a
surviving spouse or as the surviving registered domestic
partner of the decedent who owned that firearm and who
imports, brings or transports a firearm into this state is
exempted from the prohibition on importing, bringing or
transporting firearms into the state if all of the following
conditions apply:
A. If acquisition of the firearm had occurred within this
state, the receipt of the firearm by the surviving spouse
or registered domestic partner would be exempt, as
specified.
B. Within 30 days of taking possession of the firearm and
importing, bringing, or transporting it into this state,
the person shall submit a report to the DOJ, in a manner
prescribed by the DOJ, that includes information
concerning the individual taking possession of the
firearm, how title was obtained and from whom, and a
description of the firearm in question.
C. The person has obtained a valid firearm safety
certificate, except that in the case of a handgun, a valid
unexpired handgun safety certificate may be used.
1. Exempts specified firearms licensees who are on the DOJ
Centralized list from the prohibition on importing, bringing
or transporting firearms into the state.
2. Exempts persons who have obtained specified DOJ permits to
deliver weapons from the prohibition on importing, bringing
or transporting firearms into the state, as specified.
3. Exempts transactions in restricted weapons from the
prohibition on importing, bringing or transporting firearms
into the state, if the transactions comply with the procedure
set forth for restricted weapons, as specified.
4. Contains double-jointing language with SB 53 (De León) and
SB 808 (De León).
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: Yes
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According to the Senate Appropriations Committee:
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 Section 27545.
Minor administrative costs to 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 Account
SUPPORT : (Verified 8/20/14)
Office of the Attorney General
American Academy of Pediatrics, California
California Chapters of the Brady Campaign
California Partnership to End Domestic Violence
City and County of San Francisco
City of Oakland
Coalition Against Gun Violence
Law Center to Prevent Gun Violence
San Francisco Bay Area Physicians for Social Responsibility
Taxpayers for Improving Public Safety
Youth ALIVE!
OPPOSITION : (Verified 8/20/14)
California Association of Federal Firearms Licensees
California Rifle and Pistol Association, Inc.
National Rifle Association
ARGUMENTS IN SUPPORT : According to the author:
AB 1609 brings state law in line with federal law by
authorizing state and local law enforcement agencies to
prosecute individuals who bring firearms into the state
illegally. Specifically, the bill clarifies that it is a
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state law violation for a resident of California to bring a
gun into the state without going through a licensed dealer.
Every day, people go to Nevada or Arizona, purchase guns,
bring them back into California, and sell them to criminals on
the streets. According to data provided on the Bureau of
Alcohol, Tobacco, Firearms and Explosives website,
approximately 59 - 65% of guns seized in California are either
untraceable (i.e. not registered in the state) or registered
outside the state. Many of these guns were brought into the
state illegally, and were used either in a crime or found
during a criminal investigation. AB 1609 seeks to keep guns
out of the hands of criminals.
Under this bill, anyone who complies with the federal "direct
ship" mandate, the new residence procedures, or the collector
procedures is fully protected under the law. The people who
are not protected are the criminal element.
ARGUMENTS IN OPPOSITION : The California Association of
Federal Firearms Licensees writes:
Current federal law, 18 U.S.C. 922(a), prohibits an individual
(with some clearly state exceptions) from transferring a
firearm between states without using a federal firearms
dealer. AB 1609 would create new state law that fails to
provide for longstanding exemptions in federal law (see, e.g.,
18 U.S.C. 922(a)(3) and 922(b)(3).) For example, the
temporary loan of firearms for lawful sporting purposes is
exempt under federal law. Federal law also exempts
write/evaluators who temporarily receive firearms for the
purpose of review or study. The lack of conformity with
federal law increases criminal liability for law-abiding
Californians.
AB 1609 also fails to address its impact on California's
television and film production industry. In many cases,
productions will need to bring into California a specialty
firearm that is not available in the State.
Not only does AB 1609 create confusion and lack of conformity
with longstanding federal law, it creates parallel crimes for
conduct already regulation under existing state law.
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ASSEMBLY FLOOR : 49-25, 5/28/14
AYES: Alejo, Ammiano, Bloom, Bocanegra, Bonilla, Bonta,
Bradford, Brown, Buchanan, Ian Calderon, Campos, Chau,
Chesbro, Dababneh, Daly, Dickinson, Eggman, Fong, Garcia,
Gatto, Gomez, Gonzalez, Gordon, Hall, Roger Hernández, Holden,
Jones-Sawyer, Levine, Lowenthal, Medina, Mullin, Muratsuchi,
Nazarian, Pan, Perea, John A. Pérez, Quirk, Quirk-Silva,
Rendon, Ridley-Thomas, Rodriguez, Skinner, Stone, Ting, Weber,
Wieckowski, Williams, Yamada, Atkins
NOES: Allen, Bigelow, Chávez, Conway, Dahle, Donnelly, Fox,
Frazier, Beth Gaines, Grove, Hagman, Harkey, Jones, Linder,
Logue, Mansoor, Melendez, Nestande, Olsen, Patterson, V.
Manuel Pérez, Salas, Wagner, Waldron, Wilk
NO VOTE RECORDED: Achadjian, Cooley, Gorell, Gray, Maienschein,
Vacancy
JG:k 8/20/14 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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