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