BILL ANALYSIS Ó SENATE COMMITTEE ON PUBLIC SAFETY Senator Loni Hancock, Chair S 2013-2014 Regular Session B 2 9 9 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 (More) SB 299 (DeSaulnier) PageB 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 (More) SB 299 (DeSaulnier) PageC 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.) (More) SB 299 (DeSaulnier) PageD 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 (More) SB 299 (DeSaulnier) PageE 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 (More) SB 299 (DeSaulnier) PageF 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 (More) SB 299 (DeSaulnier) PageG 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 (More) SB 299 (DeSaulnier) PageH 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 (More) SB 299 (DeSaulnier) PageI 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 (More) SB 299 (DeSaulnier) PageJ 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 (More) SB 299 (DeSaulnier) PageK 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 (More) SB 299 (DeSaulnier) PageL 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 (More) SB 299 (DeSaulnier) PageM (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 (More) SB 299 (DeSaulnier) PageN 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. (More) SB 299 (DeSaulnier) PageO 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 (More) SB 299 (DeSaulnier) PageP 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 (More) SB 299 (DeSaulnier) PageQ 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 (More) SB 299 (DeSaulnier) PageR 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. (More) 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. (More) SB 299 (DeSaulnier) PageT 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. ***************