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, SB 299 (DeSaulnier) Page 1 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 SB 299 (DeSaulnier) Page 2 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. SB 299 (DeSaulnier) Page 3 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.