BILL ANALYSIS Ó
AB 2300
Page 1
ASSEMBLY THIRD READING
AB 2300 (Ridley-Thomas)
As Amended April 1, 2014
Majority vote
PUBLIC SAFETY 7-0 APPROPRIATIONS 16-0
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|Ayes:|Ammiano, Melendez, |Ayes:|Gatto, Bigelow, |
| |Jones-Sawyer, Quirk, | |Bocanegra, Bradford, Ian |
| |Skinner, Stone, Waldron | |Calderon, Campos, Eggman, |
| | | |Gomez, Holden, Jones, |
| | | |Linder, Pan, Quirk, |
| | | |Ridley-Thomas, Wagner, |
| | | |Weber |
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SUMMARY : Changes the date from January 1, 1991, to January 1,
1996, for records of ownership within the Prohibited Arms
Persons File maintained by the Department of Justice (DOJ).
Specifically, this bill requires the Attorney General maintain
an online database, the Prohibited Armed Persons File, to
cross-reference persons who have ownership or possession of a
firearm on or after January 1, 1996, and who, subsequent to the
date of that ownership or possession, fall within a class of
persons who are prohibited from owning or possessing a firearm.
EXISTING LAW :
1)States that the Attorney General shall establish and maintain
an online database to be known as the Prohibited Armed Persons
File. The purpose of the file is to cross-reference persons
who have ownership or possession of a firearm on or after
January 1, 1991, as indicated by a record in the Consolidated
Firearms Information System, and who, subsequent to the date
of that ownership or possession of a firearm, fall within a
class of persons who are prohibited from owning or possessing
a firearm. The information contained in the Prohibited Armed
Persons File shall only be available to those entities
specified through the California Law Enforcement
Telecommunications System, for the purpose of determining if
persons are armed and prohibited from possessing firearms.
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2)Provides that the Prohibited Armed Persons File database shall
function as follows:
a) Upon entry into the Automated Criminal History System of
a disposition for a conviction of any felony, a conviction
for any firearms-prohibiting charge specified in Chapter 2
(commencing with Penal Code (PC) Section 29800), a
conviction for an offense described in Chapter 3
(commencing with PC Section 29900), a firearms prohibition
pursuant to Section 8100 or 8103 of the Welfare and
Institutions Code, or any firearms possession prohibition
identified by the federal National Instant Criminal
Background Check System, the DOJ shall determine if the
subject has an entry in the Consolidated Firearms
Information System indicating possession or ownership of a
firearm on or after January 1, 1991, or an assault weapon
registration, or a .50 BMG rifle registration;
b) Upon an entry into any department automated information
system that is used for the identification of persons who
are prohibited by state or federal law from acquiring,
owning, or possessing firearms, the department shall
determine if the subject has an entry in the Consolidated
Firearms Information System indicating ownership or
possession of a firearm on or after January 1, 1991, or an
assault weapon registration, or a .50 BMG rifle
registration;
c) If the department determines that, pursuant to PC
Section 30005subdivision (a) or (b), the subject has an
entry in the Consolidated Firearms Information System
indicating possession or ownership of a firearm on or after
January 1, 1991 or an assault weapon registration, or a .50
BMG rifle registration, the following information shall be
entered into the Prohibited Armed Persons File:
i) The subject's name;
ii) The subject's date of birth;
iii) The subject's physical description;
iv) Any other identifying information regarding the
subject that is deemed necessary by the Attorney General;
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v) The basis of the firearms possession prohibition;
and
vi) A description of all firearms owned or possessed by
the subject, as reflected by the Consolidated Firearms
Information System.
3)States a violation of specified prohibitions against
possessing a firearm or deadly weapon shall be a public
offense, punishable by imprisonment in a county jail as a
felony for 16 months, two or three years, or as a misdemeanor
for not more than one year, by a fine not exceeding $1,000, or
by both that imprisonment and fine.
4)Provides that any person who knowingly supplies, sells, gives,
or allows possession or control of a firearm to any person who
is prohibited as a mentally disordered person shall be
punished by imprisonment in the county jail for two, three, or
four years.
FISCAL EFFECT : According to the Assembly Appropriations
Committee, negligible administrative costs to the state.
COMMENTS : According to the author, "The problem with the
existing law is that the CFIS [Consolidated Firearms Information
System] database only contains firearms records beginning in
1996, not 1991 as the statute requires. On October 29, 2013, the
Bureau of State Audits identified this inconsistency regarding
the reporting and identification of persons with mental illness
who are prohibited from owning or possessing a firearm. The
State Auditor specifically directed the California Department of
Justice to obtain legislative clarification regarding whether
DOJ is required to cross-reference records going back to 1991
even though CFIS does not contain those records. AB 2300 will
allow DOJ to comply with the findings and recommendation of the
State Auditor."
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 2300
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