BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                  SB 140
                                                                  Page  1

          Date of Hearing:   April 10, 2013

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                  Mike Gatto, Chair

                     SB 140 (Leno) - As Amended:  March 4, 2013 

          Policy Committee:                              
          AppropriationsVote:

          Urgency:     Yes                  State Mandated Local Program:  
          No     Reimbursable:               

           SUMMARY  

          This bill appropriates $24 million from the Dealers Record of  
          Sale (DROS) Special Account to the Department of Justice (DOJ)  
          to fund enforcement of illegal gun possession by relieving  
          weapons from persons in the Armed Prohibited Persons System  
          (APPS).  

          This bill also requires the DOJ to report specified information  
          to the Joint Legislative Budget Committee by March 1, 2015 and  
          every March 1 until 2019, including the following:

          1)APPS backlog reduction and the number of weapons confiscated.   
             
          2)The number of agents hired by the DOJ to conduct APPS  
            enforcement.
          3)The number of persons cleared from APPS and the number of  
            persons added.
          4)Information regarding collaboration with local law  
            enforcement. 

           FISCAL EFFECT  

          Appropriates $24 million from DROS to the DOJ.

          The DROS is projected to have total resources of about $34  
          million in 2012-13, with a year-end reserve of about $13  
          million. For 2013-14, total DROS resources are projected to be  
          about $47 million, with a reserve of about $25 million.  
          Appropriations are available for up to three years, allowing DOJ  
          to draw annually from the projected reserves to reach $24  
          million. 








                                                                  SB 140
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           COMMENTS  

          1)Rationale  . DOJ estimates there are about 20,000 persons with  
            about 39,000 guns, including almost 2,000 assault weapons, on  
            the APPS list. These persons, by law, are not allowed to  
            possess guns. Due primarily to state and local fiscal  
            constraints, this backlog continues to grow. The author's  
            intent is to provide the resources to begin significantly  
            reducing this growing backlog.

            According to the author, "Although the DOJ and local law  
            enforcement have the authority to confiscate these weapons in  
            the interest of public safety, the truth is, the situation  
            continues to get worse. Law enforcement is struggling to  
            disarm people who've lost the right to own a gun. Neither DOJ  
            nor the locals have the resources to confiscate the enormous  
            backlog of weapons, nor can they keep up with the daily influx  
            of the newly prohibited."

            According to DOJ, the appropriation in this bill will allow  
            the department to hire, on a three-year limited term basis, 30  
            special agents, six special agent supervisors, six criminal  
            intelligence specialists, and six office technicians.  These  
            positions will make up six new statewide APPS teams in  
            existing DOJ offices.  These positions will cost about $8  
            million per year.  

            DOJ's goal is reduce the APPS backlog to a reasonable level  
            within three years.  

           2)DOJ's Armed Prohibited Persons System (APPS)  is an online  
            database that cross-references persons who possess a gun and  
            who, subsequent to possession of that gun, become a member of  
            the class of persons legally prohibited from possessing a gun.  
            Law enforcement agencies have access to APPS and thus are able  
            to identify persons who are prohibited from possessing a gun. 

            According to DOJ, about half of the persons on the APPS list  
            are prohibited due to criminal history; about 30% due to  
            mental health status, and about 20% due to active restraining  
            orders.    

           3)Current law authorizes DOJ to use DROS  , which is funded by a  
            $19 fee on gun purchases at the point-of-sale, for gun-related  








                                                                  SB 140
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            regulatory activities, including enforcement activities  
            related to APPS (SB 819 (Leno), Statutes of 2011). 

            This bill provides a specific appropriation. 

           4)Is confiscation of guns from prohibited persons a local law  
            enforcement responsibility  ? Yes. DOJ, however, does have a  
            statewide law enforcement responsibility, and given local law  
            enforcement fiscal constraints in recent years, the use of a  
            reserve from a state special fund  already authorized for this  
            purpose, for a demonstrable public safety need, appears  
            appropriate.

           5)Technical amendments  clarify the fund source and update  
            findings and declarations. 

           6)Supporters  , including Attorney General Kamala Harris, the  
            Coalition Against Gun Violence, Women Against Gun Violence,  
            the Violence Prevention Coalition, the Chief Probation  
            Officers of California, contend this bill protects public  
            safety by providing law enforcement the resources necessary to  
            confiscate guns from prohibited persons. Moreover, they note  
            the funding is from a special fund already authorized for such  
            purposes.   
           
          7)Opponents  , including the National Rifle Association, the  
            California Rifle and Pistol Association, and other groups,  
            contend the DROS fund should not be used to enforce the  
            possession of guns by prohibited persons. According to the  
            National Shooting Sports Foundation, "The fact that the amount  
            of the DROS fees charged to firearms buyers has been excessive  
            resulting in a surplus does not provide justification to use  
            the money for SB 140 or other non-DROS purposes.  The  
            Department should have reduced the fee or refunded the fee  
            surplus long ago."


             Analysis Prepared by  :    Geoff Long / APPR. / (916) 319-2081