BILL ANALYSIS Ó
AB 1609
Page 1
CONCURRENCE IN SENATE AMENDMENTS
AB 1609 (Alejo)
As Amended August 19, 2014
Majority vote
-----------------------------------------------------------------
|ASSEMBLY: |49-25|(May 28, 2014) |SENATE: |22-11|(August 27, |
| | | | | |2014) |
-----------------------------------------------------------------
Original Committee Reference: PUB. S.
SUMMARY : Clarifies the regulations for direct shipment
requirements for transfer of ownership of firearms.
The Senate amendments :
1)Specify that persons who bring a firearm into the state must
file a report with the Department of Justice (DOJ) as
specified;
2)Clarify the exemption from the general dealer to dealer
transactions for returning military personnel requires
registration with the DOJ, as specified;
3)Permits DOJ to charge a fee for the actual costs associated
with the preparation, sale, processing, and filing of reports
related to the transfer of firearms, as specified; and,
4)Add double jointing language to prevent chaptering out issues
with SB 808 (De León) of the current legislative session, and
SB 53 (De León) of the current legislative session, should
those bills be chaptered.
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:
AB 1609
Page 2
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
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.
AB 1609
Page 3
AS PASSED BY THE ASSEMBLY , this bill:
1)Required 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)Made 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)Specified that the provisions of this bill only apply to the
acquisition of firearms from an out of state source after
January 1, 2015.
4)Provided that a California resident who acquires ownership of
a firearm by bequest or intestate succession who imports the
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 DOJ in a format prescribed
by the department.
5)Exempted specified firearms licensees who are on the DOJ
Centralized list from the provisions of this legislation.
6)Exempted persons who have obtained specified DOJ permits to
deliver weapons from the requirements imposed by this bill.
AB 1609
Page 4
7)Exempted transactions in restricted weapons from the
requirements of this bill if the transactions comply with the
procedure set forth for restricted weapons.
Makes specified findings and declarations.
FISCAL EFFECT : According to the Senate Appropriations
Committee:
1)Potential non-reimbursable local enforcement and incarceration
costs to the extent violations are charged under these
provisions of law.
2)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.
3)Minor administrative costs to the 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
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
AB 1609
Page 5
of this bill.
Analysis Prepared by : Gabriel Caswell / PUB. S. / (916)
319-3744
FN:
0005432