BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | SB 38|
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THIRD READING
Bill No: SB 38
Author: De León (D)
Amended: 5/24/13
Vote: 21
SENATE PUBLIC SAFETY COMMITTEE : 7-0, 4/30/13
AYES: Hancock, Anderson, Block, De León, Knight, Liu, Steinberg
SENATE APPROPRIATIONS COMMITTEE : 7-0, 5/23/13
AYES: De León, Walters, Gaines, Hill, Lara, Padilla, Steinberg
SUBJECT : Firearms: prohibited persons
SOURCE : Author
DIGEST : This bill requires the Department of Justice (DOJ) to
establish a 15-day amnesty period commencing not later than July
1, 2014, within which persons prohibited from firearm ownership
can surrender any firearms they possess to local law enforcement
agencies without being subject to criminal prosecution for that
possession.
ANALYSIS :
Existing law:
1. Prohibits persons who have been convicted of specified crimes
from owning or possessing firearms. Under both federal and
state law, for example, any individual convicted of a felony
offense is prohibited for life from firearms ownership.
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2. Imposes a 10-year firearms prohibition on any person
convicted of numerous misdemeanor offenses involving violence
or the threat of violence. A violation of this provision is
an alternate felony-misdemeanor (wobbler), punishable by
imprisonment in a state prison for 16 months, two, or three
years, or in a county jail for up to one-year, a fine not
exceeding $1,000, or both.
3. Imposes a five-year firearms prohibition on any person
convicted of specified misdemeanors or found to be a danger
to themselves or others due to a mental illness, as
specified. A violation of these provisions is a wobbler,
punishable by imprisonment in a county jail or state prison
(with a prior conviction for a serious or violent felony) for
16 months, two, or three years, or in a county jail for not
more than one year.
4. Requires the Attorney General to maintain an online database
known as the Prohibited Armed Persons File (APPS).
This bill:
1. Requires the DOJ to establish a 15-day amnesty period
commencing not later than July 1, 2014, within which persons
prohibited from firearm ownership, with exceptions, could
surrender any firearms they possess to local law enforcement
agencies without being subject to criminal prosecution for
that possession.
2. Imposes a civil fine of up to $2,500 for each firearm
possessed by such persons after the amnesty period ends, in
addition to any criminal penalties.
3. Requires local law enforcement agencies to submit the
following information to the DOJ for each surrendered
firearm:
A. The name of the prohibited person who surrendered the
firearm.
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B. The person's date of birth.
C. A description of the firearm or firearms surrendered.
D. The serial number of the firearm or firearms
surrendered.
E. Any other information deemed necessary by the DOJ.
4. Requires the DOJ to record in the APPS the fact that
specified firearms were surrendered to law enforcement.
5. Provides that a prohibited person who surrenders a firearm
during the amnesty period shall not be charged with illegal
possession of firearms for any firearm the DOJ has on record
as having been surrendered.
6. Provides that persons convicted of a felony is unable to
participate in the amnesty period.
7. States that the DOJ must provide written notification of the
amnesty period to all prohibited persons eligible to
participate in the amnesty period by first-class mail no
later than 60 calendar days prior to the commencement of the
amnesty period. The notification must specify the firearms
possessed by the prohibited person and provide instructions
for the surrender of the illegal firearms.
Background
According to the DOJ, there are approximately 20,000 persons
currently listed on the APPS. These prohibited persons are
estimated to be in possession of over 34,000 handguns and 1,600
assault weapons. It is estimated that the list of armed
prohibited persons in California grows by about 15 to 20 people
per day. To reduce this backlog, the Governor recently signed
SB 140 (Leno Chapter 2, Statutes of 2013) into law on May 2,
2013, which appropriates $24 million to the DOJ to enable
additional resources to accelerate the identification and
confiscation of handguns and assault weapons owned by prohibited
persons.
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FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: Yes
According to the Senate Appropriations Committee:
One-time costs to the DOJ of less than $150,000 (General
Fund) to enter information received in the APPS to create a
record of each firearm surrendered during the amnesty period.
One-time costs of less than $10,000 (General Fund) for the
DOJ to provide direct written notification to non-felons on
the APPS list.
Potential one-time state-reimbursable costs (General Fund)
for law enforcement agencies to report information to the DOJ
regarding firearms surrendered during the amnesty period.
Potential cost savings in DOJ enforcement costs to the
extent the additional records result in a reduced number of
investigations related to APPS listings.
Potential cost savings in state and local incarceration
costs to the extent individuals who surrendered firearms
would have otherwise been charged and convicted of illegal
possession of firearms.
Potential increase in civil fine revenues to the extent
collection is pursued.
SUPPORT : (Verified 5/24/13)
American College of Emergency Physicians, California Chapter
Los Angeles County Sheriff Lee Baca
Taxpayers for Improving Public Safety
OPPOSITION : (Verified 5/24/13)
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Gun Owners of California
ARGUMENTS IN SUPPORT : According to the author's office, an
amnesty window will further such efforts to get guns out of the
wrong hands by encouraging prohibited persons to voluntary
surrender illegally possessed weapons without fear of
prosecution. Similar programs have proved successful at the
local level. Police departments across the country have taken
the initiative to organize gun buy-back programs that have
helped decreased the number of guns on the streets. In the City
of Los Angeles, in one day alone, 75 assault weapons, 698
rifles, 363 shotguns, 901 handguns, and two rocket launchers
were submitted to the Los Angeles Police Department.
Through a Gun Amnesty Program, non-felonious prohibited persons
will have an opportunity to safely surrender their firearms to
law enforcement within a 15-day period. These individuals will
not be charged for the illegal possession of firearms if they
submit all of their illegally possessed guns. Nevertheless, the
amnesty program will not eliminate liability for any other
illegal action committed by prohibited individuals. Anyone who
fails to turn in his/her weapons during the
15-day amnesty window will have to pay a civil fine for each
firearm and will be subject to criminal charges for the illegal
possession of firearms.
ARGUMENTS IN OPPOSITION : Gun Owners of California writes that
this bill needs to, "Drop or reduce the $2,500 fine per firearm.
The intent is to get prohibited persons to comply and the
exorbitant fine and short compliance period currently in the
bill may scare them away entirely. Remember- this is an amnesty
program, not a criminal penalty!
"For those who have had a 5 or 10 year prohibition, and that
prohibition time has expired, but their records have not been
updated to reflect it, DOJ can inform them that they can have
their rights of firearm ownership restored by simply filling out
a form in a courthouse.
"Finally, make the law a "surrender or sell to a dealer, or
transfer to non-prohibited person through dealer" requirement
during amnesty. Even if an amnesty recipient contests the
restriction once they get notice they are in APPS, it's far less
alarming than getting a knock on the door from law enforcement."
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JG:d 5/24/13 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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