BILL ANALYSIS Ó
SB 299
Page 1
SENATE THIRD READING
SB 299 (DeSaulnier)
As Amended September 3, 2013
Majority vote
SENATE VOTE :24-15
PUBLIC SAFETY 5-2 APPROPRIATIONS 12-5
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|Ayes:|Ammiano, Jones-Sawyer, |Ayes:|Gatto, Bocanegra, |
| |Mitchell, Quirk, Skinner | |Bradford, |
| | | |Ian Calderon, Campos, |
| | | |Eggman, Gomez, Hall, |
| | | |Holden, Pan, Quirk, Weber |
| | | | |
|-----+--------------------------+-----+--------------------------|
|Nays:|Melendez, Waldron |Nays:|Harkey, Bigelow, |
| | | |Donnelly, Linder, Wagner |
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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
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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
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 a firearms dealer to conspicuously post in block
letters not less than one inch in height a specified warning
regarding the duty to report lost or stolen firearms.
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 an infraction punishable by
a fine not to exceed $100 for a first offense, and by a fine
not to exceed $1,000 for a second or subsequent offense.
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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
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.
11)Incorporates amendments to AB 500 (Ammiano) and AB 231 (Ting)
into this bill to avoid chaptering issues.
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.
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.
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.
4)States that the DOJ must keep a centralized and computerized
list of all lost, stolen, and found serialized property
reported to DOJ.
5)Requires each sheriff or police executive to submit
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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.
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
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.
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.
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.
FISCAL EFFECT : According to the Assembly Appropriations
Committee, minor non-reimbursable local law enforcement costs.
COMMENTS : 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
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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 evade
apprehension."
Please see the policy committee analysis for a full discussion
of this bill.
Analysis Prepared by : Gregory Pagan / PUB. S. / (916)
319-3744
FN: 0002170