BILL ANALYSIS Ó SB 299 Page 1 Date of Hearing: August 14, 2013 ASSEMBLY COMMITTEE ON APPROPRIATIONS Mike Gatto, Chair SB 299 (DeSaulnier) - As Amended: August 5, 2013 Policy Committee: Public Safety Vote: 5-2 Urgency: No State Mandated Local Program: Yes Reimbursable: Yes SUMMARY This bill makes it a crime to fail to report the theft or loss of a gun to a local law enforcement agency within 48 hours of the time the owner should reasonably have known the gun was lost or stolen. Specifically, this bill: 1)Requires any person who has reported a lost or stolen gun to notify local law enforcement within 48 hours if the gun is recovered. 2)Specifies the penalty for a failure to report a lost or stolen gun is an infraction, punishable by a fine of up to $100. A second violation is an infraction punishable by a fine of up to $1,000, and a third or subsequent violation is a misdemeanor punishable by up to six months in county jail and/or a fine of up to $1,000. 3)Provides for exemptions for law enforcement, military and federally-licensed gun dealers. 4)Makes it a misdemeanor, punishable by up to six months in county jail and/or a fine of up to $1,000, to file a false report regarding a lost or stolen gun, and further provides that any person convicted of making a false report to a law enforcement agency that a gun has been lost or stolen, who, within 10 years of that conviction, possesses a gun, is guilty of a public offense, punishable by up to one year in county jail, or 16 months, two, or three years in state prison, and/or a fine of up to $1,000. This offense is not deemed eligible for county jail-only incarceration pursuant to correctional realignment. SB 299 Page 2 5)Requires every sheriff or police chief to submit a description of each gun reported lost or stolen to the Department of Justice (DOJ) automated property system for guns. 6)Requires licensed gun dealers to conspicuously post a specified warning regarding the duty to report lost or stolen gun, and that a false report of a lost or stolen gun will result in criminal prosecution and loss of the right to possess a gun for 10 years. 7)Specifies that this bill does not preclude or preempt a local ordinance that imposes additional penalties or requirements. FISCAL EFFECT 1)Ongoing state incarceration costs, potentially in excess of $150,000, as a result of making a false report of a stolen gun an offense that triggers a 10-year prohibition on gun possession, violation of which is punishable by 16 months, two, or three years in state prison. Three felony convictions would exceed $150,000, based on current per capita prison costs. 2)Minor nonreimbursable local law enforcement costs offset to an unknown degree by minor fine revenue. 3)Minor nonreimbursable local incarceration costs, to the extent anyone is convicted of a misdemeanor for a third or subsequent offense of failing to report a stolen gun, or for making a false report regarding a stolen gun. 4)Minor potentially state-reimbursable local costs to local law enforcement to provide a description of each reported lost or stolen gun to DOJ. 5)Negligible state costs to the Department of Justice (DOJ) to track and list additional lost or stolen serialized property. (Current law requires DOJ to maintain a list of lost, stolen and found serialized property, which includes guns.) 6)Minor state trial court costs to the extent that this bill results in new misdemeanor charges and related court time. COMMENTS SB 299 Page 3 1)Rationale . The author and proponents, including the cities of L.A. and Oakland, the L.A. Sheriff, the San Francisco D.A., and the California Chapters of the Brady Campaign to End Gun Violence, contend stolen guns are a significant source of arms for criminals and that the lack of a mandatory reporting law in California hinders tracking, enforcement and prosecution. 2)Under current law, gun dealers and manufacturers must report lost or stolen guns within 48 hours, and local law enforcement must enter reports of lost or stolen firearms into the state's Automated Property System database. Gun owners, however, are not required to do anything. 3)Opponents , primarily gun-related organizations, contend this bill places an undue burden on those who have suffered the loss or theft of a gun. 4)Suggested amendment . The author may wish to delete the provision, added in the Assembly, which provides that any person convicted of making a false report to a law enforcement agency that a gun has been lost or stolen, who, within 10 years of that conviction, possesses a gun, is guilty of a public offense, punishable by up to one year in county jail, or 16 months, two, or three years in state prison, and/or a fine of up to $1,000. (This provision was not in the author's similar bill, which was vetoed last year.) This offense is not deemed eligible for county jail-only incarceration pursuant to correctional realignment, and could increase the state prison population. 5)Similar Legislation Vetoed. a) SB 1366 (DeSaulnier), 2012, was similar to this bill and was vetoed by Gov. Brown. The governor 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 SB 299 Page 4 the loss or theft of a firearm and irresponsible people do not. I am skeptical that this bill will change those behaviors." b) SB 59 (Lowenthal), 2006, was similar to this bill and was vetoed by Gov. Schwarznegger. The governor stated, "While I share the Legislature's 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." Analysis Prepared by : Geoff Long / APPR. / (916) 319-2081