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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