BILL ANALYSIS Ó
SB 299
Page 1
Date of Hearing: June 25, 2013
Chief Counsel: Gregory Pagan
ASSEMBLY COMMITTEE ON PUBLIC SAFETY
Tom Ammiano, Chair
SB 299 (DeSaulnier) - As Amended: June 19, 2013
As Proposed to be Amended in Committee
SUMMARY : Makes it a crime to fail to report the theft or
loss of a firearm he or she owns or possesses to a local law
enforcement agency within seven days of the time he or she knew
or reasonably should have known that the firearm was lost or
stolen. Specifically, this bill :
1)Requires, beginning January 1, 2014, every person, with
exceptions, to 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 seven
days of the time he or she knew or reasonably should have
known that the firearm was lost or stolen.
2)Provides that every person who has reported a lost or stolen
firearm, as required, 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.
3)Provides that the lost or stolen firearm reporting requirement
shall not apply to the following:
a) 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.
b) Any United States Marshall or member of the United
States Armed Forces of the United States or the National
Guard, while engaged in his or her official duties.
c) Any federally licensed firearms dealer or manufacturer,
as specified, who reports the loss in accordance with
specified federal law, or the successor thereto, and the
SB 299
Page 2
applicable federal regulations.
d) Any person whose firearm was lost or stolen prior to
January 1, 2014.
4)Provides that every person who fails to report a lost or
stolen firearm, for a first violation is guilty of an
infraction punishable by a fine not to exceed $100, a second
violation is an infraction punishable by a fine not to exceed
$1,000, and a third or subsequent violation is a misdemeanor
punishable by imprisonment in a county jail not exceeding six
months, by a fine not exceeding $1,000, or by both that fine
and imprisonment.
5)Requires every sheriff or police chief to submit a description
of each firearm which has been reported lost or stolen
directly into the Department of Justice (DOJ) automated
property system for firearms.
6)Requires firearms dealer to conspicuously a post in block
letters not less than one inch in height a specified warning
regarding the duty to report lost or stolen firearms, and that
a false report of a lost or stolen firearm will result in
criminal prosecution and loss of the right to possess a
firearm or ammunition for a period of 10 years.
7)States that every person reporting a lost or stolen firearm
shall report the make, model, and serial number of the
firearm, if known to the person.
8)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, by a
fine not exceeding $1,000, or by both that fine and
imprisonment.
9)Provides that any person convicted of making a false report to
a law enforcement agency that a firearm has been lost or
stolen firearm and who, within 10 years of that conviction,
owns purchases, receives, or has in possession any firearm is
guilty of a public offense, which shall be punishable by
imprisonment in a county jail not exceeding one year or in the
state prison for 16 months, two, or three years, by a fine not
SB 299
Page 3
to exceed $1,000, or by both imprisonment and a fine.
10)Exempts from the "One Gun a Month" Law the replacement of a
handgun when the handgun was lost or stolen, and the person
reported that firearm to lost or stolen to law enforcement, as
specified, prior to completion of the application to purchase
the replacement handgun.
EXISTING LAW :
1)Provides that any licensed firearms dealer shall report,
within 48 hours of discovery, the loss or theft of specified
firearms to the appropriate law enforcement agency in the
city, county, or city or county where the licensee's business
is located. [Penal Code Section 26885(b).]
2)Provides that any time a licensed firearms manufacturer
discovers that a firearm has been stolen or is missing from
the licensee's premises, the licensee shall report the loss or
theft within 48 hours of discovery to specified law
enforcement agencies. [Penal Code Section 29115(a).]
3)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
Section 11106(a) and (c).]
4)States that the DOJ must keep a centralized and computerized
list of all lost, stolen, and found serialized property
reported to DOJ. [Penal Code Section 11106(a).]
5)Requires each sheriff or police executive to submit
descriptions of serialized property, or non-serialized
property that has been uniquely inscribed, which has been
reported stolen, lost, found, recovered, held for safekeeping,
or under observation into the DOJ automated property system
for firearms, stolen bicycles, stolen vehicles, or other
property. [Penal Code Section 11108(a).]
6)Provides that if any weapon has been lost or stolen and is
thereafter 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
SB 299
Page 4
its lawful owner that it would be so used, it shall be
restored to the lawful owner, as soon as it soon as its use in
evidence has been completed. The lawful owner must identify
the weapon and provide proof of ownership. [Penal Code
Section 18005(b).]
7)Requires that any person seeking the return of a firearm in
the custody 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 Sections 33850 and 33855.)
8)Provides that no person shall make an application to purchase
more than one handgun within any 30 day period, unless the
application is to replace a handgun that 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 resides. [Penal Code Sections 27355 (a) and
(b)(11).]
FISCAL EFFECT : Unknown
COMMENTS :
1)Author's Statement : According to the author, "SB 299 would
provide a tool for law enforcement to detect firearms
trafficking and charge criminals who engage in it. A
requirement to report lost or stolen firearms would assist in
the identification and prosecution of 'straw buyers',
individuals who purchase guns legally, then sell them to
people who cannot legally purchase firearms such as gang
members, criminals, or minors. The lack of a reporting
requirement enables straw buyers to shield their criminal
activity and continue to sell guns illegally to dangerous
criminals. A reporting requirement would likewise assist in
the prosecution of armed criminals who falsely claim that a
crime gun traced to them was lost or stolen when in fact it
was used in crime. The lack of a reporting requirement
enables criminals to hide their involvement in a crime and
SB 299
Page 5
evade apprehension."
2)Governor's Veto Messages :
a) SB 59 (Lowenthal), of the 2005-06 Legislative Session,
was similar to this bill and was vetoed by Governor
Schwarzenegger. The Governor's veto message stated, "While
I share the Legislatures concern about the criminal use of
lost or stolen weapons, the ambiguous manner in which this
bill was written would make compliance with the law
confusing for legitimate gun-owners and could result in
cases where law-abiding citizens face criminal penalties
simply because they were the victim of a crime, which is
particularly troubling given the unproven results of other
jurisdictions in California that have passed similar
measures.
"In addition, this bill may have undesirable legal
consequences as it allows local governments to pass
ordinances that differ from State law, thereby leaving
law-abiding citizens with the task of navigating through a
maze of different or conflicting local laws depending upon
the jurisdiction they are in. A patchwork of inconsistent
local ordinances creates compliance and enforcement
problems that erode the State's ability to effectively
regulate handguns statewide."
b) SB 1366 (DeSaulnier) of the 2011-12 Legislative Session
was similar to this bill and was vetoed by Governor Brown.
The Governor's veto message stated, "This bill makes it an
infraction (or a misdemeanor for the third offense) to fail
to report the loss or theft 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 will change those
behaviors."
3)Argument in Support : The California Chapters of the Brady
SB 299
Page 6
Campaign to Prevent Gun Violence , states, "Senate Bill 299
seeks to curb illegal gun trafficking and keep guns out of the
hands of people 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. Under SB 299, persons convicted of filing a false
report would be prohibited from purchase or possession of a
firearm for a 10 year period. Studies show that lost or
stolen firearm reporting requirements reduce crime gun export
rates."
4)Argument in Opposition : The National Rifle Association
argues, "Senate Bill 299places firearms owners in jeopardy of
prosecution for becoming a victim of a crime. The passage of
SB 299 would place criminal liability on the firearms owner
regardless of whether they knew their firearm was stolen, if
law enforcement think they 'should have known' it was stolen.
"Firearms owners typically report stolen firearms, but the
criminal penalties of SB 299 forces crime victims to decline
to cooperate with police if a stolen firearm is recovered. A
firearms owner who was not aware of the legal requirement to
report the loss or theft of a firearms and who is contacted by
police investigating a crime faces possible criminal
prosecution for failing to report that the firearm stolen or
missing. Such an owner will need to hire a lawyer, who will
advise him to remain silent while immunity is negotiated,
rather than quickly supplying police information they need to
properly and promptly investigate the crime, which may be time
sensitive."
REGISTERED SUPPORT / OPPOSITION :
Support
California Chapters of the Brady Campaign to Prevent Gun
SB 299
Page 7
Violence
California Partnership to End Domestic Violence
City of Los Angeles
City of Oakland
Coalition Against Gun Violence
Global Exchange
Law Center to Prevent Gun Violence
Los Angeles County Sheriff's Department
San Francisco City and County District Attorney
South County Citizens Against Gun Violence
Women Against Gun Violence
Youth Alive
Opposition
California Association of Federal Firearms Licensees
California Rifle and Pistol Association
California Sportsman's Lobby
California Waterfowl Association
National Rifle Association
Outdoor Sportsmen's Coalition of California
Riverside County Sheriff
Safari Club International
Shasta County Sheriff
Three private individuals
Analysis Prepared by : Gregory Pagan / PUB. S. / (916)
319-3744