BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | SB 299|
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VETO
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
SENATE FLOOR : 23-14, 9/10/13
AYES: Beall, Block, Calderon, Corbett, De León, DeSaulnier,
Evans, Hancock, Hernandez, Hill, Jackson, Lara, Leno, Lieu,
Liu, Monning, Padilla, Pavley, Roth, Steinberg, Torres, Wolk,
Yee
NOES: Anderson, Berryhill, Cannella, Correa, Emmerson, Fuller,
Gaines, Galgiani, Huff, Knight, Nielsen, Vidak, Wright, Wyland
CONTINUED
SB 299
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NO VOTE RECORDED: Hueso, Walters, Vacancy
SUBJECT : Firearms: lost or stolen: reports
SOURCE : Los Angeles County Sheriffs Department
DIGEST : This bill requires that owners and possessors of
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.
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.
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5.Requires licensed firearms dealers to post specified warnings
in a conspicuous place on their premises, such as a warning
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.
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6.Requires that every person reporting a lost or stolen firearm
shall report the make, model, and serial number of the
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
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Local: Yes
According to the Senate Appropriations Committee:
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
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National Rifle Association of America
Outdoor Sportsman Coalition of California
Riverside County Sheriff
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
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efficiency of the APPS program.
Finally, SB 299 would provide law enforcement with timely
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.
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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
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.
GOVERNOR'S VETO MESSAGE:
"I am returning Senate Bill 299 without my signature.
Last year I vetoed a nearly identical bill, SB 1366, noting
that I was not convinced that criminalizing the failure to
report a lost or stolen firearm would improve
identification of gun traffickers or help law enforcement
disarm people prohibited from possessing guns. I continue
to believe that responsible people report the loss or theft
of a firearm and irresponsible people do not. I remain
skeptical that this bill would change those behaviors."
ASSEMBLY FLOOR : 42-32, 9/9/13
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,
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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 1/6/14 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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