BILL ANALYSIS Ó ----------------------------------------------------------------- |SENATE RULES COMMITTEE | SB 299| |Office of Senate Floor Analyses | | |1020 N Street, Suite 524 | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ----------------------------------------------------------------- UNFINISHED BUSINESS Bill No: SB 299 Author: DeSaulnier (D), et al. Amended: 9/3/13 Vote: 21 SENATE PUBLIC SAFETY COMMITTEE : 5-2, 4/16/13 AYES: Hancock, Block, De León, Liu, Steinberg NOES: Anderson, Knight SENATE APPROPRIATIONS COMMITTEE : 5-2, 4/29/13 AYES: De León, Hill, Lara, Padilla, Steinberg NOES: Walters, Gaines SENATE FLOOR : 24-15, 5/29/13 AYES: Beall, Block, Calderon, Corbett, De León, DeSaulnier, Evans, Hancock, Hernandez, Hill, Jackson, Lara, Leno, Lieu, Liu, Monning, Padilla, Pavley, Price, Roth, Steinberg, Torres, Wolk, Yee NOES: Anderson, Berryhill, Cannella, Correa, Emmerson, Fuller, Gaines, Galgiani, Hueso, Huff, Knight, Nielsen, Walters, Wright, Wyland NO VOTE RECORDED: Vacancy ASSEMBLY FLOOR : 42-32, 9/9/13 - See last page for vote SUBJECT : Firearms: lost or stolen: reports SOURCE : Los Angeles County Sheriffs Department DIGEST : This bill requires that owners and possessors of CONTINUED SB 299 Page 2 firearms report the theft or loss of a firearm to local law enforcement agency within seven days of the time they knew or reasonably should have known that the firearm had been stolen or lost, as specified, and requires firearms dealers to post notice of this requirement within their licensed premises, as specified. Assembly Amendments increase the reporting requirements of a lost or stolen firearm from 48 hours to 7 days, reduces to an infraction a false report to law enforcement, as specified; and adds double-jointing language to AB 500 (Ammiano) and AB 231 (Ting) to avoid chaptering out issues. ANALYSIS : Existing law: 1.Provides that persons licensed to make, import, collect, or deal in firearms are required to report the loss or theft of firearms they possess, to a law enforcement agency. 2.Provides that the sale, loan or transfer of firearms in almost all cases must be processed by, or through, a state licensed dealer or a local law enforcement agency with appropriate transfer forms being used. In those cases where dealer or law enforcement processing is not required, a handgun change of title report must still be sent to the Department of Justice (DOJ). 3.Provides that if any weapon has been stolen and is thereafter recovered 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 its use as evidence has been completed. The lawful owner must identify the weapon and provide proof of ownership. 4.Excludes from the definition of "firearm," for a number of provisions of law, an unloaded "antique firearm" and uses the federal definition of that term. 5.Requires licensed firearms dealers to post specified warnings in a conspicuous place on their premises, such as a warning CONTINUED SB 299 Page 3 about penalties for leaving a loaded firearm where a child obtains it. 6.Provides that no person shall make an application to purchase more than one handgun within any 30-day period. However, an exemption to that restriction applies to the replacement of a handgun when the person's handgun 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. This bill: 1.Requires that, beginning January 1, 2014, every person must report the theft or loss of a firearm he/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/she knew or reasonably should have known that the firearm had been stolen or lost. 2.Provides that, for the purposes of this requirement, a "firearm" includes the frame or receiver of the weapon. 3.Provides that, for the purposes of this requirement, a "firearm" does not include an unloaded antique firearm. 4.Requires that every person who has reported a firearm lost or stolen, 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. 5.Provides that a violation of the specified provisions would be, for a first violation, an infraction punishable by a fine not to exceed $100. A second violation would be an infraction, punishable by a fine not exceeding $1,000. A third or subsequent violation, 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 that fine and imprisonment. 6.Requires that every person reporting a lost or stolen firearm shall report the make, model, and serial number of the CONTINUED SB 299 Page 4 firearm, if known by the person. 7.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 is an infraction punishable as specified. 8.Requires firearms dealers to conspicuously post within the licensed premises warnings in block letters not less than one inch in height, as specified. 9.Provides that the lost or stolen firearm reporting requirement shall not apply to: A. Any law enforcement agency or peace officer acting within the course and scope of his/her employment or official duties, if he/she reports the loss or theft to his or her employing agency. B. Any United States Marshal or member of the Armed Forces of the United States or the National Guard, while engaged in his/her official duties. C. Any federally licensed firearms dealer or manufacturer, as specified, who reports the theft or loss in accordance with specified federal law, or the successor thereto, and the applicable regulations. D. Any person whose firearm was lost or stolen prior to January 1, 2014. 1. Provides that its provisions would "not preclude or preempt a local ordinance that imposes additional penalties or requirements in regard to reporting the theft or loss of a firearm." 2. Adds double-jointing language to AB 500 (Ammiano) and AB 231 (Ting) to avoid chaptering out issues. FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes Local: Yes According to the Senate Appropriations Committee: CONTINUED SB 299 Page 5 One-time staffing costs to 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 SUPPORT : (Verified 9/9/13) Los Angeles County Sheriff's Department (source) California Chapters of the Brady Campaign to Prevent Gun Violence California Partnership to End Domestic Violence City of Oakland Coalition Against Gun Violence, Santa Barbara County Coalition Global Exchange Law Center to Prevent Gun Violence San Francisco District Attorney South County Citizens Against Gun Violence Women Against Gun Violence Youth Alive! OPPOSITION : (Verified 9/9/13) California Association of Federal Firearms Licenses California Sportsman's Lobby, Inc. Long Beach Peace Officers Association National Rifle Association of America Outdoor Sportsman Coalition of California Riverside County Sheriff CONTINUED SB 299 Page 6 Safari Club International Shasta County Sheriff ARGUMENTS IN SUPPORT : The California Chapters of the Brady Campaign to Prevent Gun Violence states: Senate Bill 299 seeks to curb illegal gun trafficking and keep firearms 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. Studies show that lost or stolen firearm reporting requirements reduce crime gun export rates. Furthermore, SB 299 would improve the implementation of the state's Armed and Prohibited Persons System (APPS) program, in which the California Department of Justice and local law enforcement agencies work to proactively disarm prohibited individuals before they harm themselves or others. APPS cross-checks state databases to find people who legally purchased a firearm and subsequently became prohibited by law from possessing firearms because of falling into a prohibited class. Improved accuracy of the data used by APPS would enable law enforcement to target their efforts and avoid spending time and resources to recover firearms from prohibited possessors whose gun were previously reported lost or stolen. Additionally, when law enforcement attempts to recover illegal firearms through APPS, the prohibited person may falsely claim that the gun was lost or stolen. Law enforcement cannot verify this claim without a reporting requirement. SB 299 would improve the accuracy of the data in APPS and increase the efficiency of the APPS program. Finally, SB 299 would provide law enforcement with timely CONTINUED SB 299 Page 7 information regarding stolen guns in their jurisdiction - guns that may be in dangerous hands and a threat to communities. Early knowledge by law enforcement of a stolen firearm facilitates the recovery of the firearm before it is used in crime and reduces gun violence. ARGUMENTS IN OPPOSITION : The Safari Club International (SCI) states: Reporting the loss or theft of a firearm should remain voluntary. Most responsible people would report the loss or theft of a firearm for reasons of insurance and a concern for public safety. Irresponsible people probably would not, regardless of the law. SCI members are hunters. Mandatory reporting within 48 hours of a firearm loss or theft is impractical for many hunters as they are often hunting or traveling in remote locations where it is difficult, if not impossible, to be readily in contact with law enforcement and where there is no cell phone service. Often, they are out of the state or out of the country. The possibility of criminal penalties for failing to report within the prescribed time limit is considered excessive. Furthermore, the potential for civil or criminal penalties and a lack of immunity from civil liability would result in a disincentive to file a report once the proposed 48 hour time limit has passed. This would be particularly true if a firearm has been lawfully owned for a long time and there is no registration of it on file. The "reasonably should have known" standard is too vague. The standard should be such that it can be absolutely established that the person did in fact "know" of the loss or theft of a firearm and chose not to report it. If the bill were to proceed, the absolute standard is the best option as it is the most fair and leave no room for subjectivity in its application. Hunters will typically place their firearms in the location where they are stored at home after the hunting season is over and not remove them again until the next hunting CONTINUED SB 299 Page 8 season the following year. They would not know if a firearm was stolen, perhaps for months. It's also very possible that a firearm could be stolen and the owner would not be aware of it if the firearm was part of a collection not often looked at or used. Hunters often lawfully travel with firearms in their vehicles and stay in motels, campers or campsites. Out of necessity, they cannot always be at these places to constantly watch over their firearms and other property. If a firearm is stolen under one of these circumstances, how would the reasonably should have standard be interpreted and applied? It is felt to be too vague to be applied uniformly and fairly. The fact that it may be defined in other law provides no comfort relative to its application in the case of a lost or stolen firearm. ASSEMBLY FLOOR : 42-32, 09/09/13 AYES: Alejo, Ammiano, Atkins, Bloom, Bocanegra, Bonilla, Bonta, Bradford, Buchanan, Ian Calderon, Campos, Chau, Daly, Dickinson, Fong, Garcia, Gatto, Gomez, Gonzalez, Gordon, Hall, Roger Hernández, Holden, Jones-Sawyer, Levine, Lowenthal, Mitchell, Mullin, Nazarian, Pan, Perea, Quirk, Quirk-Silva, Rendon, Skinner, Stone, Ting, Weber, Wieckowski, Williams, Yamada, John A. Pérez NOES: Achadjian, Allen, Bigelow, Chávez, Conway, Cooley, Dahle, Donnelly, Fox, Frazier, Beth Gaines, Gorell, Gray, Grove, Hagman, Harkey, Jones, Linder, Logue, Maienschein, Mansoor, Melendez, Morrell, Muratsuchi, Nestande, Olsen, Patterson, V. Manuel Pérez, Salas, Wagner, Waldron, Wilk NO VOTE RECORDED: Brown, Chesbro, Eggman, Medina, Vacancy, Vacancy JG:nl 9/9/13 Senate Floor Analyses SUPPORT/OPPOSITION: SEE ABOVE **** END **** CONTINUED SB 299 Page 9 CONTINUED