BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                  SB 363
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          SENATE THIRD READING
          SB 363 (Wright)
          As Amended  August 5, 2013
          Majority vote 

           SENATE VOTE  :36-0  
           
           PUBLIC SAFETY       6-0         APPROPRIATIONS      16-1        
           
           ----------------------------------------------------------------- 
          |Ayes:|Ammiano, Jones-Sawyer,    |Ayes:|Gatto, Harkey, Bigelow,   |
          |     |Mitchell, Quirk, Skinner, |     |Bocanegra, Bradford, Ian  |
          |     |Waldron                   |     |Calderon, Campos, Eggman, |
          |     |                          |     |Gomez, Hall, Holden,      |
          |     |                          |     |Linder, Pan, Quirk,       |
          |     |                          |     |Wagner, Weber             |
          |     |                          |     |                          |
          |-----+--------------------------+-----+--------------------------|
          |     |                          |Nays:|Donnelly                  |
          |     |                          |     |                          |
           ----------------------------------------------------------------- 
           SUMMARY :  Expands the crime of "criminal storage" to include  
          keeping a loaded firearm within premises where a prohibited  
          person is likely to gain access and actually accesses and causes  
          injury as specified.  Specifically,  this bill  :  

          1)Amends the existing crime of "criminal storage of a firearm"  
            to provide that a person who keeps any loaded firearms within  
            any premises and knows or reasonably should know that a person  
            who is prohibited from possessing a firearm pursuant to state  
            or federal law is likely to gain access to the firearm, and  
            that prohibited person does in fact gain access to the firearm  
            and thereby kills or injures someone would be guilty of  
            criminal storage of a firearm.  If the prohibited person  
            causes death or great bodily injury, this would be punishable  
            as a felony by imprisonment in a county jail for 16 months, or  
            two or three years, by a fine not exceeding $10,000, or both;  
            or as a misdemeanor by imprisonment in a county jail not  
            exceeding one year, by a fine not exceeding $1,000, or by both  
            that imprisonment and fine.  If the prohibited person causes  
            injury, other than great bodily injury, or carries the firearm  
            and draws or exhibits the firearm, as specified, this would be  
            punishable by imprisonment in a county jail not exceeding one  
            year, by a fine not exceeding $1,000, or both.








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          2)Provides that, beginning January 1, 2013, the fee charged by  
            the Department of Justice (DOJ) for the handgun safety testing  
            program, as specified, shall become an annual fee to be paid  
            on January 1 of every year.

          3)Amends the existing crime of "criminal storage of a firearm"  
            to provide that a person who keeps any loaded firearms within  
            any premises and knows or reasonably should know that a person  
            who is prohibited from possessing a firearm pursuant to state  
            or federal law is likely to gain access to the firearm, and  
            that prohibited person does in fact gain access to the firearm  
            and carries it off-premises, or carries it to a school shall  
            be punished by a fine of up to $5,000 and/or imprisonment in  
            the county jail not to exceed one year.

          4)Exempts the sale of handguns to, or the purchase of handguns  
            by, federal law enforcement agencies from specified unsafe  
            handgun provisions.



           EXISTING LAW  :  

          1)Provides that, except as specified, a person commits the crime  
            of "criminal storage of a firearm of the first degree" if all  
            of the following conditions are satisfied: 

             a)   The person keeps any loaded firearm within any premises  
               that are under the person's custody or control.

             b)   The person knows or reasonably should know that a child  
               is likely to gain access to the firearm without the  
               permission of the child's parent or legal guardian.

             c)   The child obtains access to the firearm and thereby  
               causes death or great bodily injury to the child or any  
               other person.  

          2)Provides that criminal storage of a firearm in the first  
            degree is punishable as a felony by imprisonment in a county  
            jail for 16 months, or two or three years, by a fine not  
            exceeding $10,000, or both; or as a misdemeanor by  
            imprisonment in a county jail not exceeding one year, by a  








                                                                  SB 363
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            fine not exceeding $1,000, or by both that imprisonment and  
            fine. 

          3)Provides that, except as specified, a person commits the crime  
            of "criminal storage of a firearm of the second degree" if all  
            of the following conditions are satisfied:  

             a)   The person keeps any loaded firearm within any premises  
               that are under the person's custody or control.

             b)   The person knows or reasonably should know that a child  
               is likely to gain access to the firearm without the  
               permission of the child's parent or legal guardian.

             c)   The child obtains access to the firearm and thereby  
               causes injury, other than great bodily injury, to the child  
               or any other person, or carries the firearm and draws or  
               exhibits the firearm, as specified.  

          4)Specifies that criminal storage of a firearm in the second  
            degree is punishable by imprisonment in a county jail not  
            exceeding one year, by a fine not exceeding $1,000, or both.  

           FISCAL EFFECT  :  According to the Assembly Appropriations  
          Committee:

          1)Minor state and local correctional costs to the extent anyone  
            is charged with this offense.  No one has been committed to  
            state prison under the existing statute in recent years.  

          2)Potential, likely minor, non-reimbursable local enforcement  
            costs, offset to a degree by fine revenue.

          3)No net impact on fee revenues (Dealer Record of Sales Account)  
            which are currently in the range of $265,000.  

           COMMENTS  :  According to the author, "A firearm owner may legally  
          own a firearm and keep a firearm in his or her own home.   
          However, a problem arises when a person who is prohibited from  
          owning or possessing a firearm is residing in the same home as  
          the person who legally owns a firearm.  This means that the  
          prohibited person could potentially have 'possession' and access  
          to the firearm because it is stored under the same roof. 









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          "This is similar to what happened in the tragic Connecticut  
          School shooting on December 14, 2012.  Adam Lanza took his  
          mother's firearms and used them to kill his mother, and the 20  
          children and six adults at Sandy Hook Elementary School.  If his  
          mother had stored the firearms safely, and away from her son,  
          who had a history of mental instability, it would have made it  
          harder for Mr. Lanza to access the firearms and commit the  
          gruesome crimes.

          "By imposing a duty on persons who legally own firearms to  
          safely store them when they know, or have reason to know, that  
          they are living with someone who is prohibited from owning or  
          possessing a firearm, the chances that a prohibited person could  
          access and use a firearm is greatly reduced.  Firearm owners  
          must recognize that owning a firearm comes with certain  
          responsibilities, one of which is to make sure that they are  
          safely stored so that that prohibited, and possibly dangerous  
          persons with whom they reside, cannot access them."

          Please see the policy committee analysis for a full discussion  
          of this bill.
           

          Analysis Prepared by  :    Gabriel Caswell / PUB. S. / (916)  
          319-3744 


                                                                FN: 0001576