BILL ANALYSIS Ó SB 475 Page 1 Date of Hearing: July 3, 2013 ASSEMBLY COMMITTEE ON APPROPRIATIONS Mike Gatto, Chair SB 475 (Leno) - As Introduced: February 21, 2013 Policy Committee: Public SafetyVote:5-2 Urgency: No State Mandated Local Program: Yes Reimbursable: No SUMMARY This bill provides that gun shows at the Cow Palace may occur only with prior approval of both the Board of Supervisors of the County of San Mateo Board and the City and County of San Francisco. FISCAL EFFECT 1)Minor state GF revenue loss as a result of rental payments and concessions for the five guns shows that typically take place at the Cow Palace. According to Cow Palace officials, annual revenue for the five shows, net of expenses, is about $125,000. 2)Minor state sales tax loss to the extent fewer guns are sold. Presumably Cow Palace gun show patrons could and would purchase guns elsewhere. COMMENTS 1)Rationale . The author contends gun violence in the neighborhoods surrounding the Cow Palace warrants a requirement for local approval of Cow Palace gun shows. Because the state owns the Cow Palace, legislation is necessary to authorize local control. According to the author, "In the last 6 months alone there have been 75 homicides and gun-related crimes in a two-mile radius of the Cow Palace, in the City and County of San Francisco SB 475 Page 2 "These statistics speak to the difficultly that these communities have faced in controlling the impact of guns and related violence in the areas near the Cow Palace. The efforts by schools, law enforcement, and residents are made more difficult when gun show comes to town every other month. The images and messages associated with these shows often undermine the hard work of these communities to reduce gun-related crimes and to create a safer environment for children and their families." 2)Current law specifies gun transactions must occur through a licensed gun dealer, including a background check, a 10-day waiting period, and a Handgun Safety Certificate requirement for a handgun. In addition, AB 295 (Corbett) Statutes of 1999, added the Gun Show Enforcement and Security Act of 2000, which includes a number of requirements specifically for gun shows. To obtain a certificate of eligibility from the DOJ, a promoter must certify familiarity with laws regarding gun shows; obtain at least $1 million of liability insurance; provide an annual list of gun shows the applicant plans to promote; pay an annual fee of $85; provide local law enforcement a list of all entities that have rented space at the show; submit not later than 15 days before the start of the show an event and security plan; submit a list to DOJ of prospective vendors and designated gun transfer agents who are licensed dealers; provide photo identification of each vendor and employee; prepare an annual event and security plan; and require that all guns carried onto the premises have an identification tag affixed and be secured so they cannot be operated. 3)Support includes San Mateo County and San Francisco. According to the California Chapters of the Brady Campaign to Prevent Gun Violence, "Local jurisdictions have the primary responsibility for providing for the public safety of their communities. Local entities are often able to adopt ordinances more stringent than those that apply to the State as a whole in order to protect their citizens. Despite advances in gun show regulation, local communities plagued by gun violence may find that gun shows still pose an unacceptable risk to public safety?. "The Brady Campaign to Prevent Gun Violence, as a matter of general principle, neither supports nor does it oppose firearm SB 475 Page 3 bans. The Brady Campaign, however, does strongly support the right of local communities to adopt measures to enhance local public safety. Accordingly, the California Brady Campaign Chapters support SB 475." 4)Opposition: According to the president of Crossroads of the West, which operates the Cow Palace gun shows, there is no correlation between Cow Palace gun shows and nearby gun violence. Moreover, he asserts, the revenue loss from gun shows will harm the operating budget of the Cow Palace. "I have been the operator of the gun shows at the Cow Palace for 25 years. During that time, no gun sold at the show has ever been reported by law enforcement as a crime gun. All laws pertaining to gun shows have always been strictly followed. "I have also actively participated in the development of state laws governing gun shows, including the enactment of AB 295 (Corbett, Chapter 247, Statutes of 1999). As a result of the passage of these laws, California gun shows are very thoroughly regulated and enforced. The same laws that apply to sales at a firearms dealers store also apply to sales at gun shows, including sales between private parties?. "A study of gun shows conducted at the University of California, Davis found that California's gun shows are well run and lawfully conducted. The study further indicated that California's gun shows, and the state's laws governing them, are the model for other states to emulate. "SB 475 would abandon to local governments the Legislature's and the State of California's power and responsibility relative to gun shows held at the Cow Palace, Agricultural District 1-A. It would do so by allowing the County of San Mateo and the County and City of San Francisco to effectively prohibit the state from contracting for gun shows or other events at which firearms or ammunition are sold by simply not passing resolutions to approve it." 5)Prior Legislation : a) AB 2948 (Leno), 2008, would have prohibited the sale of guns or ammunition at the Cow Palace. AB 2948 failed on the Senate Floor. SB 475 Page 4 b) SB 1733 (Speier), 2004, was similar to AB 2948 and failed passage on the Assembly floor. Analysis Prepared by : Geoff Long / APPR. / (916) 319-2081