BILL ANALYSIS Ó
SB 475
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SENATE THIRD READING
SB 475 (Leno)
As Introduced February 21, 2013
Majority vote
SENATE VOTE :25-13
PUBLIC SAFETY 5-2 APPROPRIATIONS 12-5
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|Ayes:|Ammiano, Jones-Sawyer, |Ayes:|Gatto, Bocanegra, |
| |Mitchell, Quirk, Skinner | |Bradford, |
| | | |Ian Calderon, Campos, |
| | | |Eggman, Gomez, Hall, |
| | | |Holden, Pan, Quirk, Weber |
| | | | |
|-----+--------------------------+-----+--------------------------|
|Nays:|Melendez, Waldron |Nays:|Harkey, Bigelow, |
| | | |Donnelly, Linder, Wagner |
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SUMMARY : Provides that gun shows at the Cow Palace can occur
only upon prior approval of both the Board of Supervisors of the
County of San Mateo and the City and County of San Francisco, as
specified. Specifically, this bill :
1)Provides that an officer, employee, operator, or lessee of
Agricultural District 1-A, as defined, may contract for,
authorize, or allow an event at which a firearm or ammunition
is sold on the property or in the buildings that comprise the
Cow Palace property in San Mateo County and the City and
County of San Francisco or any successor or additional
property owned, leased, or otherwise occupied, or operated by
the district, only upon prior approval, by resolution, adopted
by both the Board of Supervisors of the County of San Mateo
and the Board of Supervisors of the City and County of San
Francisco.
2)Provides that a violation of these provisions would be a
misdemeanor punishable by imprisonment in a county jail not to
exceed six months, by a fine not to exceed $1,000, or by both
a fine and imprisonment.
EXISTING LAW provides the following pertaining to the Cow
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Palace, a state-owned facility managed by Agricultural District
1-A:
1)Requires generally that the sale, loan or transfer of a
firearm (handguns, rifles and shotguns) in California -
including private party transactions and including
transactions at gun shows - must be conducted through a state
licensed firearms dealer or through a local sheriff's
department in counties of less than 200,000 population. A
10-day waiting period, background check, and Handgun Safety
Certificate for handgun transfers are required prior to
delivery of the firearm. Firearms dealers are allowed to
conduct business only in their licensed premises, sell their
gun inventory at gun shows or events, or process private sales
or transfers of any firearms at gun shows or events. Handgun
purchases are limited to no more than one per 30-day period.
Transferees must be California residents and no person under
age 21 may buy a handgun and no person under 18 years of age
may buy a rifle or shotgun. Numerous other requirements in
law pertain to the transfer of firearms, including prohibited
categories of persons who may not possess firearms. There are
a number of criminal penalties applicable to those firearm
provisions.
2)Specifies a number of specified requirements on gun show
operators, attendees at gun shows, and the Department of
Justice.
FISCAL EFFECT : According to the Assembly Appropriations
Committee:
1)Minor state General Fund (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 : According to the author, "SB 475 will help bring
local input into the decision to host one of the largest gun
shows in one of the communities hardest hit by violent crime in
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the Bay Area.
"Every year at least five gun shows are held at the Cow Palace,
which straddles the counties of San Francisco and San Mateo. The
facility is located directly across from the Sunnydale public
housing project and near the communities of Visitacion Valley,
Bayview-Hunters Point and the Mission District. These
communities have been plagued by gun violence for years. Between
2005 and 2009, these communities have accounted for 44% of the
homicides and more than 30% of the guns seized in the City and
County of San Francisco.
"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.
"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.
"Because the Cow Palace is a state facility, which is owned and
managed by the California Department of Agriculture's Division
of Fairs and Expositions, state legislation is necessary to
allow the counties of San Mateo and San Francisco to have a
voice in the decision to host these shows at the facility."
Please see the policy committee analysis for a full discussion
of this bill.
Analysis Prepared by : Gabriel Caswell / PUB. S. / (916)
319-3744
FN: 0001471
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