BILL ANALYSIS                                                                                                                                                                                                    Ó




                   Senate Appropriations Committee Fiscal Summary
                            Senator Kevin de León, Chair


          SB 299 (DeSaulnier) - Firearms: lost or stolen reports.
          
          Amended: April 10, 2013         Policy Vote: Public Safety 5-2
          Urgency: No                     Mandate: Yes
          Hearing Date: April 29, 2013                            
          Consultant: Jolie Onodera       
          
          This bill does not meet the criteria for referral to the  
          Suspense File.
          
          
          Bill Summary: SB 299 would 1) require owners and possessors of  
          firearms to report the theft or loss of a firearm to a 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 licensed premises; and, 3) provide that the  
          reporting provisions do not preclude or preempt a local  
          ordinance imposing additional penalties or reporting  
          requirements for the theft or loss of a firearm.

          Fiscal Impact: 
              One-time staffing costs to the Department of Justice (DOJ)  
              of $114,000 (Special Fund*) to make necessary enhancements  
              to automated systems to enable compliance with the  
              provisions of this bill. 
              Non-reimbursable local law enforcement costs, offset to a  
              degree by fine revenue.
              Minor local incarceration costs, to the extent anyone is  
              convicted of a misdemeanor for a third or subsequent offense  
              of failing to report a stolen firearm, or for making a false  
              report regarding a stolen firearm.
              Minor state trial court costs for additional infraction  
              and, to a lesser degree, misdemeanor filings.
              Minor, if any, reimbursable costs for local law enforcement  
              costs to report to the DOJ.
          *Dealers' Record of Sale Account (DROS)

          Background: Under existing law, licensed firearms manufacturers  
          and dealers are required to report the loss or theft of firearms  
          within 48 hours to specified law enforcement agencies, however,  








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          there is not a similar requirement on firearm owners whose  
          firearms are lost or stolen.

          A report by the International Association of Chiefs of Police  
          (IACP), Taking a Stand: Reducing Gun Violence in Our Communities  
          (2007), recommended that state and local governments mandate  
          individual reporting of lost or stolen firearms. The IACP report  
          concluded that, "Ensuring law enforcement's early awareness of  
          every lost and stolen gun will enhance their ability to recover  
          those guns and reduce gun violence."

          Proposed Law: This bill would require, beginning January 1,  
          2014, the reporting to law enforcement of lost or stolen  
          firearms within 48 hours of the time an individual knew or  
          reasonably should have known that the firearm had been stolen or  
          lost. Additionally, this bill would require that any person who  
          has reported a firearm lost or stolen, as specified above, shall  
          notify local law enforcement within 48 hours if the firearm is  
          subsequently recovered by the person. 

          This bill would provide that a violation of either of the above  
          provisions would be as follows:
                 A first violation would be an infraction punishable by a  
               fine not to exceed $100.
                 A second violation would be an infraction, punishable by  
               a fine not to exceed $1,000.
                 Third and subsequent violations 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  
               the fine and imprisonment.

          This bill would additionally provide that any person reporting  
          to a law enforcement agency that a firearm has been lost or  
          stolen, knowing the report to be false, is guilty of a  
          misdemeanor.

          This bill would require every sheriff or police chief to submit  
          a description of each firearm which has been reported lost or  
          stolen directly into the DOJ automated property system for  
          firearms. The bill would exempt specified law enforcement, peace  
          officers, and military personnel from these reporting  
          requirements. The bill further provides that the provisions do  
          not preclude or preempt a local ordinance that imposes  
          additional penalties or requirements with regard to reporting  








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          the theft or loss of a firearm.

          Related Legislation: SB 1366 (DeSaulnier) 2012 was substantially  
          similar to this measure. This bill was vetoed by the Governor  
          with the following message:

          I am returning Senate Bill 1366 without my signature. This bill  
          makes it an infraction (or a misdemeanor for the 3rd offense) to  
          fail to report the theft or loss of a firearm to a local law  
          enforcement agency within 48 hours of the time the owner knew,  
          or reasonably should have known, that the firearm was lost or  
          stolen.

          The proponents urge that the bill will improve identification of  
          gun traffickers and help law enforcement disarm people  
          prohibited from possessing firearms. I am not convinced. For the  
          most part, responsible people report the loss or theft of a  
          firearm and irresponsible people do not. I am skeptical that  
          this bill would change those behaviors.

          SB 59 (Lowenthal) 2006 created an infraction for failing to  
          report a stolen or lost handgun to law enforcement within five  
          working days. This bill was vetoed by the Governor.

          Staff Comments: The creation of the new crimes would result in  
          non-reimbursable local costs for enforcement, offset to a degree  
          by fine revenue. It is unknown how many new court filings will  
          result due to the provisions of this bill as the impact will be  
          dependent upon individual behavior and the extent of  
          enforcement. For 500 new infraction filings statewide, increased  
          court costs are about $32,000 (General Fund) per year. It is  
          likely there would be far fewer misdemeanor filings for third  
          and subsequent violations. 

          This bill would require local law enforcement to submit a  
          description of each firearm which has been reported lost or  
          stolen directly into the DOJ automated property system for  
          firearms. The DOJ indicates one-time staffing costs to make  
          enhancements to the various automated systems to enable  
          compliance with the provisions of this bill. No significant  
          costs are projected, as current law already requires the DOJ to  
          keep a centralized and computerized list of all lost, stolen,  
          and found serialized property. 









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          Although the bill is keyed as a state-mandated local program, it  
          is estimated there would be minor, if any, reimbursable local  
          law enforcement costs to report lost or stolen firearms  
          information directly into the DOJ automated property system for  
          firearms, as under existing law, local law enforcement is  
          already required to promptly report to DOJ all reports they  
          receive of lost, stolen, and found property, including firearms.  
          The provisions of this bill would not change the existing  
          reporting process, and it is assumed many of the reported  
          firearms pursuant to the provisions of this bill would have  
          otherwise been reported under existing law.