BILL ANALYSIS Ó ----------------------------------------------------------------- |SENATE RULES COMMITTEE | SB 475| |Office of Senate Floor Analyses | | |1020 N Street, Suite 524 | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ----------------------------------------------------------------- VETO Bill No: SB 475 Author: Leno (D) Amended: As introduced Vote: 21 SENATE PUBLIC SAFETY COMMITTEE : 5-2, 4/16/13 AYES: Hancock, Block, De León, Liu, Steinberg NOES: Anderson, Knight SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8 SENATE FLOOR : 25-13, 5/2/13 AYES: Beall, Block, Calderon, Corbett, De León, DeSaulnier, Evans, Galgiani, Hancock, Hernandez, Hill, Hueso, Jackson, Lara, Leno, Lieu, Liu, Monning, Padilla, Pavley, Price, Roth, Steinberg, Wolk, Yee NOES: Anderson, Berryhill, Cannella, Correa, Emmerson, Fuller, Gaines, Huff, Knight, Nielsen, Walters, Wright, Wyland NO VOTE RECORDED: Vacancy, Vacancy ASSEMBLY FLOOR : 44-29, 9/6/13 - See last page for vote SUBJECT : Agricultural District 1-A: firearm sales at the Cow Palace SOURCE : Author DIGEST : This bill provides that events at which a firearm or ammunition is sold on the property or in the buildings that comprise current or future Cow Palace property in San Mateo CONTINUED SB 475 Page 2 County and the City and County of San Francisco can occur only with approval, 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, as specified. ANALYSIS : Existing law: 1. Defines "state designated fairs" as fairs, as specified, that may receive financial support or are otherwise governed pursuant to specified sections of law. 2. Provides that the state is divided into agricultural districts, including "District 1-A is the County of San Mateo and the City and County of San Francisco." 3. Provides that an association, with the approval of both the Department of Food and Agriculture and the Department of General Services, may do any of the following: A. Contract. B. Purchase, acquire, hold, sell, exchange, or convey any interest in real or personal property and beautify or improve that property, as specified. C. Lease, let, or grant licenses for the use of its real estate or personal property, or any portion of that property, to any person or public body for whatever purpose may be approved by the board of directors of the association (board). D. Use or manage its real estate or personal property, or any portion of that property, for any or all of the purposes of this section jointly with any lessee, sublessee, or licensee, or otherwise use or manage the property in connection with the lease, sublease, or license which is made or granted. E. Lease or let its real property for public park, recreational, or playground purposes. F. Rent or permit the use of its premises for any purpose CONTINUED SB 475 Page 3 which is beneficial to the agricultural industry, including, but not limited to, the holding of sales or auctions of cattle or other livestock. G. Contract with any county or county fair association for holding a fair jointly with the county or county fair association. The joint fair is a district fair of the association. H. Make permanent improvements upon publicly owned real property adjacent to real property of the district when the improvements materially benefit the property of the district. I. Pledge any and all revenues, moneys, accounts, accounts receivable, contract rights, and other rights to payment of whatever kind, pursuant to such terms and conditions as are approved by the board, as specified. 4. Requires 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. 5. Provides that unless a different penalty is expressly provided, a violation of any provision of this code is a misdemeanor. This bill 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 CONTINUED SB 475 Page 4 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. A violation of these provisions will be a misdemeanor. FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes Local: Yes SUPPORT : (Verified 4/29/13) Bayshore Friendship Senior Citizens Club Bend the Arc: Jewish Partnership for Justice Brothers Against Guns California Chapters of the Brady Campaign to Prevent Gun Violence Christy Lynn Wilson Foundation City and County of San Francisco City of Daly City Coalition Against Gun Violence County of San Mateo Law Center to Prevent Gun Violence Moms Demand Action for Gun Sense in America San Francisco District Attorney San Francisco Police Department, Police Chief Gregory Suhr San Francisco Supervisor John Avalos San Francisco Supervisor Malia Cohen South County Citizens Against Gun Violence Visitacion Valley Asian Alliance OPPOSITION : (Verified 4/29/13) California Association of Federal Firearms Licensees California Rifle and Pistol Association California Right to Carry California Sportsman's Lobby Crossroads of the West National Rifle Association National Shooting Sports Foundation, Inc. Outdoor Sportsman Coalition of California Safari Club International CONTINUED SB 475 Page 5 ARGUMENTS IN SUPPORT : The California Chapters of the Brady Campaign to Prevent Gun Violence states: The Cow Palace is a State owned property located in both San Francisco and San Mateo counties. State owned fairgrounds are generally operated by the State Department of Food and Agriculture and are exempt from local ordinances. Senate Bill 475 requires that before events in which firearms or ammunition are sold at the Cow Palace, prior approval must be obtained from the San Mateo and San Francisco county boards of supervisors. 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. We understand that both San Mateo County and San Francisco County adopted resolutions in 2003 asking the California Legislature to terminate gun shows at the Cow Palace. Ten years later, the Legislature has failed to act and the resolutions are not binding on State property. The Brady Campaign to Prevent Gun Violence, as a matter of general principle, neither supports nor does it oppose firearm 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. ARGUMENTS IN OPPOSITION : Crossroads of the West states: We 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. We have also actively participated in the development of CONTINUED SB 475 Page 6 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. GOVERNOR'S VETO MESSAGE: "I am returning Senate Bill 475 without my signature. This bill requires the District Agricultural Association 1-A (Cow Palace) to obtain approval from the County of San Mateo and the City and County of San Francisco prior to entering into a contract for a gun show on state property. I encourage all District Agricultural Associations to work with their local communities when determining their operations and events. This bill, however, totally pre-empts the Board of Directors of the Cow Palace from exercising its contracting authority whenever a gun show is involved. I prefer to leave these decisions to the sound discretion of the Board." ASSEMBLY FLOOR : 44-29, 9/6/13 AYES: Ammiano, Atkins, Bloom, Bocanegra, Bonilla, Bonta, Bradford, Brown, Buchanan, Ian Calderon, Campos, Chau, Chesbro, Dickinson, Fong, Garcia, Gatto, Gomez, Gonzalez, Gordon, Gray, Hall, Roger Hernández, Holden, Jones-Sawyer, CONTINUED SB 475 Page 7 Levine, Lowenthal, Mitchell, Mullin, Muratsuchi, Nazarian, Pan, Perea, V. Manuel Pérez, Quirk, Rendon, Skinner, Stone, Ting, Weber, Wieckowski, Williams, Yamada, John A. Pérez NOES: Achadjian, Allen, Bigelow, Chávez, Conway, Cooley, Dahle, Donnelly, Fox, Beth Gaines, Gorell, Grove, Hagman, Harkey, Jones, Linder, Logue, Maienschein, Mansoor, Melendez, Morrell, Nestande, Olsen, Patterson, Quirk-Silva, Salas, Wagner, Waldron, Wilk NO VOTE RECORDED: Alejo, Daly, Eggman, Frazier, Medina, Vacancy, Vacancy JG:kd 1/6/14 Senate Floor Analyses SUPPORT/OPPOSITION: SEE ABOVE **** END **** CONTINUED