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                          |                              |
           ----------------------------------------------------------------- 
           
                                           
                                        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
                                                                     Page  
          2

          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.  

                                                                CONTINUED





                                                                     SB 299
                                                                     Page  
          3


          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.

                                                                CONTINUED





                                                                     SB 299
                                                                     Page  
          4


          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    

                                                                CONTINUED





                                                                     SB 299
                                                                     Page  
          5

          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

                                                                CONTINUED





                                                                     SB 299
                                                                     Page  
          6

          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  

                                                                CONTINUED





                                                                     SB 299
                                                                     Page  
          7

               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.


                                                                CONTINUED





                                                                     SB 299
                                                                     Page  
          8

               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,  

                                                                CONTINUED





                                                                     SB 299
                                                                     Page  
          9

            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

                                   ****  END  ****
































                                                                CONTINUED