BILL ANALYSIS Ó ----------------------------------------------------------------- |SENATE RULES COMMITTEE | SB 38| |Office of Senate Floor Analyses | | |1020 N Street, Suite 524 | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ----------------------------------------------------------------- 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. CONTINUED SB 38 Page 2 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. CONTINUED SB 38 Page 3 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. CONTINUED SB 38 Page 4 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) CONTINUED SB 38 Page 5 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." CONTINUED SB 38 Page 6 JG:d 5/24/13 Senate Floor Analyses SUPPORT/OPPOSITION: SEE ABOVE **** END **** CONTINUED