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









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            "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  








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            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. 








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             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