BILL ANALYSIS Ó ----------------------------------------------------------------- |SENATE RULES COMMITTEE | AB 2662| |Office of Senate Floor Analyses | | |1020 N Street, Suite 524 | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ----------------------------------------------------------------- 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 AB 2662 Page 2 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 AB 2662 Page 3 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 **** END ****