BILL ANALYSIS                                                                                                                                                                                                    Ó







                      SENATE COMMITTEE ON PUBLIC SAFETY
                            Senator Loni Hancock, Chair              S
                             2013-2014 Regular Session               B

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                                                                     9
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          SB 299 (DeSaulnier)                                         
          As Amended April 10, 2013 
          Hearing date: April 16, 2013
          Penal Code
          SM:dl

                               LOST AND STOLEN FIREARMS  

                                       HISTORY

          Source:  Los Angeles County Sheriff's Department

          Prior Legislation: SB 1366 (DeSaulnier) - (2012) Vetoed
                        AB 334 (Levine) - 2007, amended into unrelated  
                       bill 
                       AB 86 (Levine) - Chapter 167, Statutes of 2006
                       SB 59 (Lowenthal) - 2006, Vetoed
                             AB 1203 (Lowenthal) - 2004, amended into  
                          unrelated bill
                          AB 131 (Ortiz) - 1997, amended into unrelated bill

          Support: California Chapters of the Brady Campaign to Prevent  
                   Gun Violence; California Partnership to End Domestic  
                   Violence; Global Exchange; Women Against Gun Violence;  
                   Youth Alive! Law Center to Prevent Gun Violence; South  
                   County Citizens Against Gun Violence; letters from  
                   several individuals

          Opposition:California Right to Carry; California Sportsman's  
                   Lobby, Inc.; Outdoor Sportsman Coalition of California;  
                   Safari Club International; California Association of  
                   Federal Firearms Licensees; National Rifle Association  
                   of America; California Rifle and Pistol Association  




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                   Inc.; letters and phone calls from several individuals 



                                       KEY ISSUE

           SHOULD THE THEFT OR LOSS OF A FIREARM BE REQUIRED TO BE  
          REPORTED, AS SPECIFIED?


                                          



                                       PURPOSE

          The purpose of this bill is to (1) require that owners and  
          possessors of firearms report the theft or loss of a firearm to  
          local law enforcement agency within 48 hours of the time they  
          knew or reasonably should have known that the firearm had been  
          stolen or lost, subject to infraction and misdemeanor penalties,  
          as specified; (2) require firearms dealers to post notice of  
          this requirement within their licensed premises, as specified;  
          and (3) provide that these reporting provisions do not preclude  
          or preempt a local ordinance that imposes additional penalties  
          or requirements in regard to reporting the theft or loss of a  
          firearm.
                                          
           Existing law  provides that persons licensed to make, import,  
          collect, or deal in firearms are required to report the loss or  
          theft of firearms they possess, to a law enforcement agency.   
          For example, Penal Code section 26885 requires licensed dealers  
          to report losses within 48 hours and Penal Code section 29115(a)  
          requires licensed firearms manufacturers - whether of handguns  
          or long guns - to report the loss or theft of firearms within 48  
          hours to specified law enforcement agencies.

           Existing law  provides that the sale, loan or transfer of  
          firearms in almost all cases must be processed by, or through, a  
          state licensed dealer or a local law enforcement agency with  




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          appropriate transfer forms being used.  (Penal Code §§ 26500,  
          27545.)  In those cases where dealer or law enforcement  
          processing is not required, a handgun change of title report  
          must still be sent to the Department of Justice (DOJ).  (Penal  
          Code § 27920.)

           Existing law  provides that, on request, DOJ will register  
          transactions relating to handguns in the Automated Firearm  
          System Unit for persons who are exempt from dealer processing or  
          are otherwise exempt by statute from reporting processes.   
          (Penal Code § 28000.)

           Existing law  requires handguns to be centrally registered at  
          time of transfer or sale due to various transfer forms centrally  
          compiled by the DOJ.  DOJ is required to keep a registry from  
          data sent to DOJ indicating who owns what handgun by make,  
          model, and serial number and the date thereof.  (Penal Code §  
          11106(a) and (c).)  After 2014, this registry will include data  
          on ownership of long guns, as well as handguns.  (Chap. 745,  
          Stats. of 2011.)  Law enforcement agencies must promptly report  
          to DOJ all reports they receive of lost, stolen, and found  
          property.  (Penal Code §§ 11107, 11108.)  DOJ must keep a  
          centralized and computerized list of all lost, stolen, and found  
          serialized property reported to it.  (Penal Code § 11106(a).)

           Existing law  provides that in addition to the requirements of  
          Section 11108 that apply to a local law enforcement agency's  
          duty to report to the DOJ the recovery of a firearm, a police or  
          sheriff's department shall, and any other law enforcement agency  
          or agent may, report to the department in a manner determined by  
          the AG in consultation with the Bureau of Alcohol, Tobacco,  
          Firearms and Explosives all available information necessary to  
          identify and trace the history of all recovered firearms that  
          are illegally possessed, have been used in a crime, or are  
          suspected of having been used in a crime.  In addition, any law  
          enforcement agency or agent may report to the Attorney General  
          pursuant to this section all information pertaining to any  
          firearm taken into custody, except where the firearm has been  
          voluntarily placed with the law enforcement agency for storage.   
          (Penal Code § 11108.3.)




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           Existing law  requires that a "personal handgun importer" - a  
          person in lawful possession of a handgun who moves to California  
          after January 1, 1998 - shall either report that ownership to  
          the Department of Justice within 60 days or shall otherwise  
          dispose of the handgun, as specified.  (Penal Code §§ 17000(a),  
          27560.)

           Existing law  provides that if any weapon has been stolen and is  
          thereafter recovered from the thief or his or her transferee, or  
          is used in such a manner as to constitute a nuisance because it  
          was unlawfully carried or used without the prior knowledge of  
          its lawful owner that it would be so used, it shall be restored  
          to the lawful owner, as soon as its use as evidence has been  
          completed.  The lawful owner must identify the weapon and  
          provide proof of ownership.  (Penal Code § 18005(b).)

           Existing law  requires that any person seeking the return of a  
          firearm in the custody or control of a court or law enforcement  
          agency must submit specified information, including for handguns  
          the firearm's make, model, caliber, barrel length, handgun type,  
          country of origin, and serial number.  If the firearm has been  
          reported lost or stolen to a law enforcement agency, as  
          specified, the agency shall notify the owner or person entitled  
          to possession of the firearm.  The person seeking return of the  
          firearm shall be subject to a background check, as specified.   
          (Penal Code §§ 33850, 33855.)

           Existing law  excludes from the definition of "firearm,"  
          for a number of provisions of law, an unloaded "antique  
          firearm" and uses the federal definition of that term.   
          (Penal Code § 16170.)

           Existing law  requires licensed firearms dealers to post  
          specified warnings in a conspicuous place on their premises,  
          such as a warning about penalties for leaving a loaded firearm  
          where a child obtains it.  (Penal Code § 26835.)

           Existing law  pertaining to the "criminal storage" of firearms -  
          both handguns and rifles and shotguns - makes it a crime to  




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          store firearms negligently and where a child (person under 18  
          years of age) gains access to the firearm(s), as specified.   
          (Penal Code §§ 25100, et seq.)

           Existing law  provides that every person is responsible, not only  
          for the result of his or her willful acts, but also for an  
          injury occasioned to another by his or her want of ordinary care  
          or skill in the management of his or her property or person,  
          except so far as the latter has, willfully or by want of  
          ordinary care, brought the injury upon himself or herself.  The  
          design, distribution, or marketing of firearms and ammunition is  
          not exempt from the duty to use ordinary care and skill that is  
          required by this section.  (Civil Code § 1714.)

           Existing law  provides that civil liability for any injury to the  
          person or property of another proximately caused by the  
          discharge of a firearm by a minor under the age of 18 years  
          shall be imputed to a parent or guardian having custody and  
          control of the minor for all purposes of civil damages, and such  
          parent or guardian shall be jointly and severally liable with  
          such minor for any damages resulting from such act, if such  
          parent or guardian either permitted the minor to have the  
          firearm or left the firearm in a place accessible to the minor;  
          the liability imposed by this section is in addition to any  
          liability otherwise imposed by law.  However, no person, or  
          group of persons collectively, shall incur liability under this  
          section in any amount exceeding $30,000 for injury to or death  
          of one person as a result of any one occurrence or, subject to  
          the limit as to one person, exceeding $60,000 for injury to or  
          death of all persons as a result of any one such occurrence.   
          (Civil Code § 1714.3.)

           Existing law  provides that no person shall make an application  
          to purchase more than one handgun within any 30-day period.   
          (Penal Code § 27535(a).)  However, an exemption to that  
          restriction applies to the replacement of a handgun when the  
          person's handgun was lost or stolen, and the person reported  
          that firearm lost or stolen prior to the completion of the  
          application to purchase to any local law enforcement agency of  
          the city, county, or city and county in which the person  




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          resides.  (Penal Code § 27535(b) (11).)

          This bill  would require that, beginning January 1, 2014, every  
          person must report the theft or loss of a firearm he or she owns  
          or possesses to a local law enforcement agency in the  
          jurisdiction in which the theft or loss occurred within 48 hours  
          of the time he or she knew or reasonably should have known that  
          the firearm had been stolen or lost.

           This bill  provides that, for purposes of this requirement, a  
          "firearm" includes the frame or receiver of the weapon.

           This bill  provides that, for purposes of this requirement, a  
          "firearm" does not include an unloaded antique firearm.

           This bill  would also require that every person who has reported  
          a firearm lost or stolen, as required above, shall notify the  
          local law enforcement agency in the jurisdiction in which the  
          theft or loss occurred within 48 hours if the firearm is  
          subsequently recovered by the person.

           This bill  provides that a violation of either of the above  
          provisions would be, for a first violation, an infraction  
          punishable by a fine not to exceed $100. A second violation  
          would be an infraction, punishable by a fine not exceeding  
          $1,000. A third or subsequent violation, would be a misdemeanor,  
          punishable by imprisonment in a county jail not exceeding six  
          months, or by a fine not exceeding $1,000, or by both that fine  
          and imprisonment.

           This bill requires that every person reporting a lost or stolen  
          firearm shall report the make, model, and serial number of the  
          firearm, if known by the person.

           This bill  provides that, beginning January 1, 2014, no person  
          shall report to a local law enforcement agency that a firearm  
          has been lost or stolen, knowing the report to be false.  A  
          violation of this section shall be a misdemeanor, punishable by  
          imprisonment in a county jail not exceeding six months, or by a  
          fine not exceeding $1,000, or by both that fine and  




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          imprisonment.

           This bill  would require firearms dealers to conspicuously post  
          within the licensed premises the following warnings in block  
          letters not less than one inch in height: "IF A FIREARM YOU OWN  
          OR POSSESS IS LOST OR STOLEN, YOU MUST REPORT THE LOSS OR THEFT  
          TO A LOCAL LAW ENFORCEMENT AGENCY WHERE THE LOSS OR THEFT  
          OCCURRED WITHIN 48 HOURS OF THE TIME YOU KNEW OR REASONABLY  
          SHOULD HAVE KNOWN THAT THE FIREARM HAD BEEN LOST OR STOLEN."

           This bill  provides that the lost or stolen firearm reporting  
          requirement shall not apply to:

                 Any law enforcement agency or peace officer acting  
               within the course and scope of his or her employment or  
               official duties, if he or she reports the loss or theft to  
               his or her employing agency.
                 Any United States Marshal or member of the Armed Forces  
               of the United States or the National Guard, while engaged  
               in his or her official duties.
                 Any federally licensed firearms dealer or manufacturer,  
               as specified, who reports the theft or loss in accordance  
               with specified federal law, or the successor thereto, and  
               the applicable regulations.
                 Any person whose firearm was lost or stolen prior to  
               January 1, 2014.

           This bill  would provide that its provisions would "not preclude  
          or preempt a local ordinance that imposes additional penalties  
          or requirements in regard to reporting the theft or loss of a  
          firearm."

                    RECEIVERSHIP/OVERCROWDING CRISIS AGGRAVATION

          For the last several years, severe overcrowding in California's  
          prisons has been the focus of evolving and expensive litigation  
          relating to conditions of confinement.  On May 23, 2011, the  
          United States Supreme Court ordered California to reduce its  
          prison population to 137.5 percent of design capacity within two  
          years from the date of its ruling, subject to the right of the  




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          state to seek modifications in appropriate circumstances.  

          Beginning in early 2007, Senate leadership initiated a policy to  
          hold legislative proposals which could further aggravate the  
          prison overcrowding crisis through new or expanded felony  
          prosecutions.  Under the resulting policy known as "ROCA" (which  
          stands for "Receivership/ Overcrowding Crisis Aggravation"), the  
          Committee held measures which created a new felony, expanded the  
          scope or penalty of an existing felony, or otherwise increased  
          the application of a felony in a manner which could exacerbate  
          the prison overcrowding crisis.  Under these principles, ROCA  
          was applied as a content-neutral, provisional measure necessary  
          to ensure that the Legislature did not erode progress towards  
          reducing prison overcrowding by passing legislation which would  
          increase the prison population.  ROCA necessitated many hard and  
          difficult decisions for the Committee.

          In January of 2013, just over a year after the enactment of the  
          historic Public Safety Realignment Act of 2011, the State of  
          California filed court documents seeking to vacate or modify the  
          federal court order to reduce the state's prison population to  
          137.5 percent of design capacity.  The State submitted in part  
          that the, ". . .  population in the State's 33 prisons has been  
          reduced by over 24,000 inmates since October 2011 when public  
          safety realignment went into effect, by more than 36,000 inmates  
          compared to the 2008 population . . . , and by nearly 42,000  
          inmates since 2006 . . . ."  Plaintiffs, who oppose the state's  
          motion, argue in part that, "California prisons, which currently  
          average 150% of capacity, and reach as high as 185% of capacity  
          at one prison, continue to deliver health care that is  
          constitutionally deficient."  

          In an order dated January 29, 2013, the federal court granted  
          the state a six-month extension to achieve the 137.5 % prisoner  
          population cap by December 31st of this year.  

          The ongoing litigation indicates that prison capacity and  
          related issues concerning conditions of confinement remain  
          unsettled.  However, in light of the real gains in reducing the  
          prison population that have been made, although even greater  




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          reductions are required by the court, the Committee will review  
          each ROCA bill with more flexible consideration.  The following  
          questions will inform this consideration:


                 whether a measure erodes realignment;
                 whether a measure addresses a crime which is directly  
               dangerous to the physical safety of others for which there  
               is no other reasonably appropriate sanction; 
                 whether a bill corrects a constitutional infirmity or  
               legislative drafting error; whether a measure proposes  
               penalties which are proportionate, and cannot be achieved  
               through any other reasonably appropriate remedy; and
                 whether a bill addresses a major area of public safety  
               or criminal activity for which there is no other  
               reasonable, appropriate remedy.


                                      COMMENTS

          1.  Need for This Bill  

          According to the author:

               Currently, seven states, the District of Columbia, and  
               nine cities in California require firearm owners to  
               report to law enforcement when their firearms are lost  
               or stolen.  The State of California does not.

               Under current law, firearms dealers and manufacturers  
               must report any lost or stolen firearms within 48  
               hours, and local law enforcement must enter reports of  
               lost or stolen firearms into the state's Automated  
               Property System database.  However, firearm owners  
               whose guns are lost or stolen are not required to do  
               anything. As a result, law enforcement efforts to  
               investigate gun crimes and disarm dangerous criminals  
               are significantly hindered.

               The public overwhelmingly supports laws requiring the  




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               reporting of lost or stolen firearms. A nationwide  
               poll in 2011 found that 94% of Americans surveyed,  
               including 94% of gun owners, favor laws to require the  
               reporting of lost or stolen firearms.

               SB 299 requires that, beginning January 1, 2014, every  
               person whose firearm is lost or stolen must notify  
               local law enforcement within 48 hours of the time the  
               person knew or reasonably should have known that the  
               firearm had been lost or stolen.

               The reporting of lost or stolen firearms will bring  
               several critical improvements to public safety in  
               California. 

               1.        Fight Gun Trafficking

               When a crime gun is traced by law enforcement to the  
               last known purchaser, that person may falsely claim  
               that the gun was lost or stolen to hide his or her  
               involvement in the crime or in gun trafficking. A  
               reporting law would provide a tool for law enforcement  
               to detect firearms trafficking and prosecute "straw  
               purchasers," individuals who buy firearms on behalf of  
               criminals who are prohibited from possessing guns.

               An analysis by Mayors Against Illegal Guns - a  
               nationwide coalition of over 600 mayors - found that  
               states without mandatory lost or stolen reporting laws  
               export two and a half times more crime guns across  
               state lines than jurisdictions with such laws.   
               Similarly, researchers from the Johns Hopkins Center  
               for Gun Policy and Research found that state laws  
               requiring the reporting of lost or stolen firearms  
               were associated with crime gun export rates that were  
               43 percent lower than in states that lacked this  
               policy. 

               2.        Get Guns Away from Prohibited Persons





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               Mandatory reporting of lost or stolen firearms would  
               enhance the California Department of Justice's efforts  
               to remove firearms from convicted criminals and others  
               identified in the state's Armed and Prohibited Persons  
               System (APPS) database. Currently, these individuals,  
               who own firearms but are prohibited from possessing  
               them, may falsely claim that their illegally-possessed  
               firearms were lost or stolen. Moreover, with a  
               reporting requirement, the APPS program will be more  
               efficient since law enforcement resources would not be  
               wasted on attempts to recover guns that have been  
               reported lost or stolen. 

               3.        Notify Law Enforcement about Missing  
               Firearms

               A reporting requirement would alert law enforcement to  
               the existence of guns stolen by criminals in their  
               communities. It would also make it easier for law  
               enforcement to return lost or stolen firearms to their  
               rightful owners. A 2007 report by the International  
               Association of Chiefs of Police recommended that state  
               and local governments mandate reporting of lost or  
               stolen firearms. The IACP report concluded that, "law  
               enforcement's early awareness of every lost and stolen  
               gun will enhance their ability to recover those guns  
                                                          and reduce gun violence."

          2.  Does the Bill Violate the Fifth Amendment?
           
          This bill raises the issue of whether it could violate the Fifth  
          Amendment right against self-incrimination to require a person  
          to report the loss or theft of a firearm that the person  
          obtained or possessed illegally.  In Marchetti v. United States  
          (1968) 390 U.S. 39, the United States Supreme Court granted an  
          individual who was charged with failing to comply with a  
          gambling registration tax statute a defense from prosecution  
          based on the Fifth Amendment.  In Marchetti, however, the  
          gambling statute was written in such a manner that the  only   
          persons required to comply with the statute were those engaged  




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          in illegal gambling activities.  As such, the statute was  
          designed to ferret out and cause the prosecution of illegal  
          gambling through an ostensible tax scheme.  

          This bill, by contrast, would require "Commencing January 1,  
          2014, every person shall report the theft or loss of a firearm  
          he or she owns or possesses to a local law enforcement agency in  
          the jurisdiction in which the theft or loss occurred within 48  
          hours of the time he or she knew or reasonably should have known  
          that the firearm had been stolen or lost."  Both those in lawful  
          possession of the handgun and those not in lawful possession  
          would be required to make the report or be subject to an  
          infraction on the first offense and a misdemeanor for subsequent  
          offenses.  The requirement also does not differentiate between  
          circumstances of the theft or loss, whether the weapon was  
          stolen while carried illegally, for example, versus whether the  
          weapon was lawfully stored at the person's residence.   
          Therefore, because the statute does not appear to be designed to  
          identify persons who are in illegal possession of a handgun  
          before it was lost or stolen, there would not appear to be any  
          Fifth Amendment defense to failure to comply.

          3.  Mandating Reporting of Lost and Stolen Firearms  

          In 2007, the International Association of Chiefs of Police held  
          a summit on gun violence.  The report issued following that  
          summit states: 

               Nearly 30,000 American lives are lost to gun violence  
               each year-a number far higher than in any other  
               developed country.  Two to three times that many  
               suffer non-fatal injuries.  Since 1963, more Americans  
               died by gunfire than perished in combat in the whole  
               of the 20th century (statistics cited in Private Guns,  
               Public Health, University of Michigan Press, 2004).   
               And the overall impact goes much farther.  Gun  
               violence reaches across borders and jurisdictions and  
               compromises the safety of everyone along the way.   
               (International Association of Chiefs of Police, Taking  
               a Stand: Reducing Gun Violence in Our Communities  




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               (Sept. 2007), at page 8.   
                http://www.theiacp.org/LinkClick.aspx?fileticket=%2Fs0L 
               iOkJK5Q%3D&tabid=87  .)

          The report discusses the causes of gun violence and makes  
          several specific recommendations.  Many of the recommendations  
          are already state law in California such as a ban on  
          military-style assault weapons, mandating safe storage and  
          trigger-lock devices, and requiring all firearms transfers to  
          take place through a licensed dealer.  One recommendation  
          contained in the report that is not currently required under  
          state law in California is the reporting of all lost and stolen  
          firearms.  The report states:

               State and local governments should mandate the  
               reporting of lost and stolen firearms, and federal law  
               in this area should be tightened.

               The federal government has already taken steps to  
               protect citizens against the criminal misuse of lost  
               and stolen guns.  As of 1994, federal law requires  
               FFLs to report their lost and stolen guns to ATF and  
               local law enforcement within 48 hours of discovering  
               that the gun is missing.  This law should be  
               strengthened to ensure that dealers keep track of  
               their inventories by requiring them to report missing  
               firearms within 48 hours after they know or should  
               know that the gun is missing.  

               As a result of current federal policy, and in  
               particular the work of ATF's Stolen Firearms Program  
               at the National Tracing Center, many stolen guns have  
               been recovered and instances of gun violence averted.

               Every state and local government should mandate that  
               gun owners report lost and stolen guns.  Stolen guns  
               represent a major risk to the community at large,  
               because they have, by definition, entered criminal  
               hands.  Ensuring law enforcement's early awareness of  
               every lost and stolen gun will enhance their ability  




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               to recover those guns and reduce gun violence.  (Id at  
               page 22.)

          Mayors Against Illegal Guns is group of over 600 mayors from  
          across the country.  In September 2010, the group published a  
          report on the connection between gun laws and illegal interstate  
          gun trafficking.  Two findings detailed in the report were that  
          states that do not require gun owners to report lost or stolen  
          guns to police export crime guns at a rate more than two and a  
          half times greater than states that require such reporting and  
          such states are also the source of a greater proportion of short  
          "time to crime" guns.<1>

               Lost or stolen guns account for a large share of  
               firearms trafficking.  Over 150,000 firearms were  
               reported lost or stolen in 2008.  Eighty-five percent  
               of these guns were never recovered, and tens of  
               thousands more were likely never even reported.   
               Reporting lost or stolen guns to local law enforcement  
               fights illegal gun trafficking in two ways.  First, it  
               enables police to respond more rapidly to a report  
               that a gun was stolen and possibly return it to its  
               owner or track down the thieves.  Second, if a  
               trafficker or straw buyer is identified through gun  
               tracing and confronted by police, such a requirement  
               prevents them from evading responsibility by claiming  
               that the crime gun was stolen from them.  Federal law  
               requires FFLs [federally licensed dealers,  
               manufacturers or collectors] to report lost or stolen  
               guns, but this requirement does not apply to other gun  
               owners.  Currently, seven states and the District of  
               Columbia require gun owners to report lost or stolen  
               guns to local law enforcement.

               These states have an average export rate of 6.2 guns  
               per 100,000 inhabitants.  In comparison, the 43 states  
               that do not require such reporting have a crime gun  
               export rate of 16.1 guns per 100,000 inhabitants,  

               ----------------------
          <1> Time-to-Crime ("TTC") measures the time between a gun's  
          initial retail sale and its recovery in a crime.



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               which is more than two and a half times greater than  
               the rate of states that do.  

               Furthermore, the states that do not require gun owners  
               to report lost or stolen guns are also the source of a  
               greater proportion of short TTC guns - 23.1% of guns  
               originating from these states have a short TTC, while  
               only 17.8% of guns originating from states that  
               require gun owners to report lost or stolen guns have  
               a short TTC.  (Trace the Guns - The Link Between Gun  
               Laws and Interstate Gun Trafficking, A Report from  
               Mayors Against Illegal Guns, September 2010, page  
               22-23.   
               http://www.mayorsagainstillegalguns.org/downloads/pdf/t 
               race_the_guns_report.pdf.)

          4.  The Armed Prohibited Persons File  

          Current California law requires the Attorney General to maintain  
          an online database known as the Prohibited Armed Persons File.   
          The purpose of the file is to cross-reference persons who are on  
          record as the owner of a firearm and who, subsequent to the date  
          of taking possession of that firearm, fall within a class of  
          persons who are prohibited from owning or possessing a firearm.  
          (Penal Code § 30000.)  This data base allows police to identify  
          and retrieve firearms from people who may be mentally unstable  
          or under an injunction due to allegations of domestic violence,  
          or have been convicted of a crime of violence.  However, this  
          system relies on the accuracy of firearms ownership records.   
          Because there is no requirement for firearms owners to report  
          lost or stolen firearms, these records are necessarily  
          incomplete and this makes enforcement of firearms prohibitions  
          difficult.  When police contact a prohibited person who is on  
          record as the owner of a firearm, that person can simply assert  
          that the firearm was either lost or stolen and they are under no  
          obligation to produce any evidence to support that claim.  One  
          effect of this bill would be to allow police to cite individuals  
          in this situation who claim their firearms were lost or stolen  
          but have not reported that loss.  The penalty for the first  
          offense would be a fine of up to $100.  A second offense would  




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          carry a fine of up to $1,000, and any subsequent offenses would  
          be punishable as a misdemeanor, with a possible jail sentence of  
          up to six months, a fine of up to $1,000, or both. 

          5.  Potential for Inadvertent Violation  

          Under the reporting requirement established in this bill, a  
          violation of this law would occur by way of an omission or  
          failure to act.  As such, this could be a very easy statute to  
          violate inadvertently.  For example, a person might inherit a  
          firearm, put it in a box in the attic and forget about it.   
          Later, the person's house is burglarized and the person doesn't  
          think to look in the box in the attic where the gun was kept to  
          see if it is still there.  If it turns out the gun was stolen in  
          the burglary, the person could be in violation of this law  
          because they failed to report the theft of the gun.  The bill  
          requires gun owners to report any firearm that they knew or  
          reasonably should have known was lost or stolen within 48 hours  
          of the loss.  In the above scenario, a court might well conclude  
          that the gun owner should have checked to see if the gun was  
          stolen after the burglary, that the failure to do so was  
          unreasonable, and therefore the failure to report the loss  
          resulted in a violation of this statute.  

          Imposing this reporting requirement involves something of a  
          paradigm shift in attitudes about firearm ownership.  Simply  
          put, this bill requires firearms owners to be aware of the  
          whereabouts of their firearms at all times.  While most firearms  
          owners are undoubtedly law abiding citizens, it is not clear  
          what percentage of them would report a lost or stolen gun  
          currently.  Making it a requirement to do so imposes a  
          significant new responsibility on gun owners.

          6.  Argument in Support  

          The California Chapters of the Brady Campaign to Prevent Gun  
          Violence states:

               Senate Bill 299 seeks to curb illegal gun trafficking  
               and keep firearms out of the hands of people  




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               prohibited by law from purchasing or possessing  
               firearms because they are considered at risk of gun  
               violence.  A requirement to report lost or stolen  
               firearms would provide a tool for the identification  
               and prosecution of "straw purchasers" or individuals  
               who buy firearms to illegally resell to persons who  
               cannot pass a background check (such as criminals,  
               gang members, or minors).   When crime guns are traced  
               to "straw purchasers", they falsely claim - after the  
               fact - that the firearm was lost or stolen. A  
               reporting requirement would give law enforcement an  
               investigative tool and make it more difficult for gun  
               traffickers to shield their criminal activity and  
               continue to divert guns into the illegal market.    
               Studies show that lost or stolen firearm reporting  
               requirements reduce crime gun export rates.   

               Furthermore, SB 299 would improve the implementation  
               of the state's Armed and Prohibited Persons System  
               (APPS) program, in which the California Department of  
               Justice and local law enforcement agencies work to  
               proactively disarm prohibited individuals before they  
               harm themselves or others.  APPS cross-checks state  
               databases to find people who legally purchased a  
               firearm and subsequently became prohibited by law from  
               possessing firearms because of falling into a  
               prohibited class.  Improved accuracy of the data used  
               by APPS would enable law enforcement to target their  
               efforts and avoid spending time and resources to  
               recover firearms from prohibited possessors whose gun  
               were previously reported lost or stolen.   
               Additionally, when law enforcement attempts to recover  
               illegal firearms through APPS, the prohibited person  
               may falsely claim that the gun was lost or stolen.   
               Law enforcement cannot verify this claim without a  
               reporting requirement.  SB 299 would improve the  
               accuracy of the data in APPS and increase the  
               efficiency of the APPS program. 

               Finally, SB 299 would provide law enforcement with  




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               timely information regarding stolen guns in their  
               jurisdiction - guns that may be in dangerous hands and  
               a threat to communities.  Early knowledge by law  
               enforcement of a stolen firearm facilitates the  
               recovery of the firearm before it is used in crime and  
               reduces gun violence.  

          7.  Argument in Opposition

           The Safari Club International states:

               Reporting the loss or theft of a firearm should remain  
               voluntary. Most responsible people would report the  
               loss or theft of a firearm for reasons of insurance  
               and a concern for public safety. Irresponsible people  
               probably would not, regardless of the law.




























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               SCI members are hunters. Mandatory reporting within 48  
               hours of a firearm loss or theft is impractical for  
               many hunters as they are often hunting or traveling in  
               remote locations where it is difficult, if not  
               impossible, to be readily in contact with law  
               enforcement and where there is no cell phone service.  
               Often, they are out of the state or out of the  
               country.

               The possibility of criminal penalties for failing to  
               report within the prescribed time limit is considered  
               excessive.

               Furthermore, the potential for civil or criminal  
               penalties and a lack of immunity from civil liability  
               would result in a disincentive to file a report once  
               the proposed 48 hour time limit has passed. This would  
               be particularly true if a firearm has been lawfully  
               owned for a long time and there is no registration of  
               it on file.

               The "reasonably should have known" standard is too  
               vague. The standard should be such that it can be  
               absolutely established that the person did in fact  
               "know" of the loss or theft of a firearm and chose not  
               to report it. If the bill were to proceed, the  
               absolute standard is the best option as it is the most  
               fair and leave no room for subjectivity in its  
               application.

               Hunters will typically place their firearms in the  
               location where they are stored at home after the  
               hunting season is over and not remove them again until  
               the next hunting season the following year. They would  
               not know if a firearm was stolen, perhaps for months.

               It's also very possible that a firearm could be stolen  
               and the owner would not be aware of it if the firearm  
               was part of a collection not often looked at or used.




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               Hunters often lawfully travel with firearms in their  
               vehicles and stay in motels, campers or campsites. Out  
               of necessity, they cannot always be at these places to  
               constantly watch over their firearms and other  
               property.

               If a firearm is stolen under one of these  
               circumstances, how would the reasonably should have  
               standard be interpreted and applied? It is felt to be  
               too vague to be applied uniformly and fairly. The fact  
               that it may be defined in other law provides no  
               comfort relative to its application in the case of a  
               lost or stolen firearm.

               For the above reasons, the California Chapters of  
               Safari Club International are opposed to the enactment  
               of SB 299. If the bill were to be amended to provide a  
               more workable reporting time limit, an absolute  
               knowing standard for purposes of its provisions, and  
               immunity from civil liability, SCI would remove its  
               opposition.



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