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. 








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          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  








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           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  








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               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