BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                            



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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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