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.