BILL ANALYSIS Ó
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THIRD READING
Bill No: AB 2662
Author: Gatto (D)
Amended: 8/14/14 in Senate
Vote: 21
PRIOR VOTES NOT RELEVANT
SUBJECT : Firearms: buy-back programs
SOURCE : Author
DIGEST : This bill requires a city, county, city and county,
or state government entity operating a voluntary firearm
buy-back program, as defined, to process functioning handguns
received pursuant to the buy-back program by either performing
ballistics testing, a firearms trace, or by cataloging and
storing the handgun, as specified.
Senate Floor Amendments of 8/14/14 delete the previous version
of the bill, which dealt with Reservoir water, and add the
current language.
ANALYSIS :
Existing law:
1.Requires a law enforcement officer to issue a receipt when the
officer takes a firearm into custody.
2.Requires that a firearms transaction be conducted through a
CONTINUED
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licensed firearms dealer if neither party to the transaction
holds a dealer's license.
3.Exempts several firearms transfers from the requirement to
conduct the transaction through a dealer, including the
transfer of a firearm to an authorized representative of a
government entity as part of an authorized, voluntary program
in which the government entity is buying or receiving weapons
from private individuals.
This bill:
1.Requires a city, county, city and county, or state government
entity operating a voluntary firearm buy-back program, as
defined, to process functioning handguns received pursuant to
the buy-back program by either performing ballistics testing,
a firearms trace, or by cataloging and storing the handgun, as
specified.
2.Provides that antique firearms, as defined, do not apply to
these provisions.
Background
Gun buy-backs are not uncommon in California. Last December, a
statewide gun buy-back brought in more than 1,500 weapons,
including more than 800 from Los Angeles County. And in 2012, a
gun buy-back in Los Angeles County netted more than 2,000
firearms in a single day. In Los Angeles alone, since the gun
buy-back program was launched in 2009, the city has collected
more than 12,000 guns.
Yet there is a problematic loophole in the gun buy-back programs
in California. At buy-backs in Boston, New Haven, and Phoenix,
just to name a few cities across the country, the police agency
conducting the buy-back follows up the program with ballistics
tests on the weapons surrendered, to ensure that they have not
been used in crimes. But most buy-back programs in California
permanently destroy the weapons, with no questions asked and no
investigation into whether the gun has been used in a violent
crime. As a result, criminals looking to permanently destroy
guns used in a crime, and any evidence they might contain, can
anonymously surrender the weapon at a gun buy-back program. In
some circumstances the criminals may even get paid for their
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decision to surrender the evidence, as many buy-back programs
offer generous gift cards and other incentives.
FISCAL EFFECT : Appropriation: No Fiscal Com.: No Local:
No
JG:k 8/16/14 Senate Floor Analyses
SUPPORT/OPPOSITION: NONE RECEIVED
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