BILL ANALYSIS Ó SB 580 Page 1 Date of Hearing: June 24, 2014 Counsel: Gabriel Caswell ASSEMBLY COMMITTEE ON PUBLIC SAFETY Tom Ammiano, Chair SB 580 (Jackson) - As Amended: June 12, 2014 SUMMARY : Appropriates funds from the Firearms Safety and Enforcement Special Fund (FSESF), as specified. Specifically, this bill : 1)Appropriates five million dollars from the FSESF to the Department of Justice (DOJ) for the 2014-2015 fiscal year to contract with local law enforcement agencies to reduce the backlog in the Armed Prohibited Persons System (APPS); 2)Appropriates $3,333,334 from the FSESF for the 2014-2015 fiscal year, and $3,333,333 for each of the 2015-2016 and 2016-2017 fiscal years, to the DOJ to redesign and update specified firearms computer systems; and, 3)Appropriates fifty thousand dollars from the FSESF to the DOJ for the 2014-2015 fiscal year to provide training to local law enforcement agencies on the use of APPS. The training must be completed by June 1, 2015. EXISTING LAW : 1)Provides for an automated system for tracking firearms and assault weapon owners who might fall into a prohibited status. The online database, which is currently known as the APPS, cross-references all handgun and assault weapon owners across the state against criminal history records to determine persons who have been, or will become, prohibited from possessing a firearm subsequent to the legal acquisition or registration of a firearm or assault weapon. (Pen. Code § 30000, et. seq.) 2)Prohibits persons who know or have reasonable cause to believe that the recipient is prohibited from having firearms and ammunition to supply or provide the same with firearms or SB 580 Page 2 ammunition. (Pen. Code §§ 27500 and 30306, and Welf. & Inst. Code § 8101.) 3)Provides that various categories of persons are prohibited from owning or possessing a firearm, including persons convicted of certain violent offenses, and persons who have been adjudicated as having a mental disorder, among others. (Pen. Code §§ 29800 to 29825, inclusive, 29900, 29905, 30305 and Welf. & Inst. Code §§ 8100 and 8103.) 4)Establishes the Dealer's Record of Sale Account, a special fund, which receives various firearm registration fees, and which may be used by the DOJ for firearms related regulatory activities, including enforcement activities related to possession. (Pen. Code §§ 28225 and 28235) 5)Establishes the FSESF, a continuously appropriated fund, for use by the DOJ for specified purposes related to weapons and firearms regulation. (Pen. Code §28300) Monies in the fund may be used for the following purposes: a) Implementing and enforcing the provisions of the Firearm Safety Certificate program; b) Implementing and enforcing various gun law enforcement programs; and, c) Establishment, maintenance, and upgrading of equipment and services necessary for firearms dealers to comply with the Dealers Record of Sale (DROS) system. 6)Requires the DOJ, upon submission of firearm purchaser information, to examine its records to determine if the purchaser is prohibited from possessing, receiving, owning, or purchasing a firearm. Existing law prohibits the delivery of a firearm within 10 days of the application to purchase, or, after notice by the department, within 10 days of the submission to the department of any corrections to the application to purchase, or within 10 days of the submission to the department of a specified fee. (Pen. Code §§ 28200 to 28250.) 7)Mandates those dealers notify DOJ that persons in applications actually took possession of their firearms. (Pen. Code § SB 580 Page 3 28255.) 8)Requires if a dealer cannot legally deliver a firearm, existing law requires the dealer to return the firearm to the transferor, seller, or person loaning the firearm. (Pen. Code § 28050 subd. (d).) 9)Requires that in connection with any sale, loan or transfer of a firearm, a licensed dealer must provide the DOJ with specified personal information about the seller and purchaser as well as the name and address of the dealer. This personal information of buyer and seller required to be provided includes the name; address; phone number; date of birth; place of birth; occupation; eye color; hair color; height; weight; race; sex; citizenship status; and a driver's license number; California identification card number; or, military identification number. A copy of the DROS, containing the buyer and seller's personal information, must be provided to the buyer or seller upon request. (Pen. Code §§ 28160, 28210, and 28215.) FISCAL EFFECT : Unknown COMMENTS : 1)Author's Statement : According to the author, "[l]ike SB 505, SB 580 is about making better use of existing resources and tools to help prevent gun violence. SB 580 would provide $5,000,000 in grants to local law enforcement agencies to take guns away from those who currently illegally possess them. Currently, the Bureau of Firearms (BOF) has identified 20,834 people with a prior criminal conviction or mental health disorder which disqualifies them from possessing more than 43,000 firearms. Every day, the list of armed prohibited persons in California grows by about 15 to 20 people. Last year the legislature set aside $24 million to deal with this problem but both a spike in gun sales and limited capacity at DOJ required that additional resources be used to expedite the processing of the backlog. According to DOJ, the recent investment in reducing the backlog is paying off as DOJ is on pace to conduct 9,000 APPS investigations this year. This bill provides an additional $5 million out of the FSESF to local law enforcement to speed-up the processing of the backlog and reduce the number of people who currently possess SB 580 Page 4 guns who should not under existing laws. "This bill will also make existing gun data systems at the DOJ more effective by providing resources $10,000,000 out of the FSESF over three years to improve the efficiency of the DOJ's aging data systems, used to register gun ownership, conduct background checks, and monitor the possession of firearms by prohibited persons. "Finally, we need to make sure that local law enforcement knows how to access information about gun ownership, especially if we are going to require that they do database checks before they conduct a welfare check as SB 505 requires. SB 580 will provide $50,000 for DOJ staff to train local law enforcement on how to use the Automated Firearms System (AFS)." 2)Background : According to the background submitted by the author, California tracks and records the number of people statewide who are on the armed prohibited persons list using a database called the APPS. Every day, the list of armed prohibited persons grows by about 15 to 20 people. As of May 2014, the BOF has identified 20,834 individuals with a prior criminal conviction or mental health disorder which disqualifies them from possessing more than 43,000 firearms. Last year the legislature set aside $24 million to deal with this problem but both a spike in gun sales and limited capacity at DOJ required that additional resources be used to expedite the processing of the backlog. According to DOJ, the recent investment in reducing the backlog is paying off as DOJ is on pace to conduct 9,000 APPS investigations this year. This bill provides an additional $5 million out of the FSESF to local law enforcement to speed-up the processing of the backlog and reduce the number of people who currently possess guns who should not under existing laws. Many of the DOJ's existing data systems for tracking gun purchases and ownership are rapidly becoming outdated. These systems need to be updated, improved, and in some instances, migrated to new technologies. SB 580 will provide $10 million out of the FSESF over three years to upgrade and improve the following data systems: SB 580 Page 5 a) The Armed and Prohibited Persons System (APPS). APPS is a database of persons who lawfully purchased/acquired firearms and subsequently became prohibited from possession; b) The California Firearms Information Gateway (CFIG). CFIG is used to support and administer the various other gun databases in use at DOJ; c) Basic Firearms Eligibility Check System (BFEC). Used to conduct background checks prior to approving the sale/transfer of firearms; d) The Applicant Firearms Eligibility Check (AFEC). AFEC incorporates fingerprint based searches and provides positive identification against state and federal criminal history records during background checks; and, e) Integrated Document Retrieval System (IDRS). The DOJ, BOF has identified new technology to develop a new electronic IDRS to replace its inefficient paper document storage system. The bill will also provide $50,000 to DOJ to utilize the state AFS so law enforcement can check the state's gun databases. 3)Prohibited Persons : By requiring direct shipments of firearms from out of state, this bill will assist in keeping firearms out of the hands of prohibited persons. California has several laws that prohibit certain persons from purchasing firearms. All felony convictions lead to a lifetime prohibition, while specified misdemeanors will result in a 10-year prohibition. A person may be prohibited due to a protective order or as a condition of probation. Another prohibition is based on the mental health of the individual. If a person communicates to his or her psychotherapist a serious threat of physical violence against a reasonably-identifiable victim or victims, the person is prohibited from owning or purchasing a firearm for five years, starting from the date the psychotherapist reports to local law enforcement the identity of the person making the threat. (Welf. & Inst. Code, § 8100, subd. (b)(1).) If a person is admitted into a facility because that person is a danger to SB 580 Page 6 himself, herself, or to others, the person is prohibited from owning or purchasing a firearm for five years. (Welf. & Inst. Code, § 8103, subd. (f).) For the provisions prohibiting a person from owning or possessing a firearm based on a serious threat of violence or based on admittance into a facility as a threat to self or others, the person has the right to request a hearing whereby the person could restore his or her right to own or possess a firearm if a court determines that the person is likely to use firearms or other deadly weapons in a safe and lawful manner. (Welf. & Inst. Code, §§ 8100, subd. (b)(1) and 8103, subd. (f).) DOJ developed the Prohibited Armed Persons File, which is commonly referred to as the (APPS), an automated system for tracking handgun and assault weapon owners in California who may pose a threat to public safety. (Pen. Code, § 30000 et seq.) APPS collects information about persons who have been, or will become, prohibited from possessing a firearm subsequent to the legal acquisition or registration of a firearm or assault weapon. DOJ receives automatic notifications from state and federal criminal history systems to determine if there is a match in the APPS for a current California gun owner. DOJ also receives information from courts, local law enforcement and state hospitals as well as public and private mental hospitals to determine whether someone is in a prohibited status. When a match is found, DOJ has the authority to investigate the person's status and confiscate any firearms or weapons in the person's possession. Local law enforcement also may request from DOJ the status of an individual, or may request a list of prohibited persons within their jurisdiction, and conduct an investigation of those persons. (Pen. Code, § 30010.) 4)Argument in Support: According to the California Chapters of the Brady Campaign to Prevent Gun Violence, "In furtherance of our goal to reduce firearm violence in our communities, the California Brady Campaign Chapters support SB 580, which appropriates funds from the Firearms Safety and Enforcement Special Fund. "The California Brady Campaign has been involved in efforts to SB 580 Page 7 improve the state's Automated Firearms System (AFS) for many years. In 2006, we participated in a working group established to gather information and input regarding the redesign of AFS. The goal was to update and modernize AFS so that it could operate as a relational database and function as a gun tracing system. Most of the upgrades were completed by December 2010, but it was acknowledged that additional funding would be needed to keep the system current. AFS interacts with other firearm data systems used by the Department of Justice to carry out its programs. Some of these systems were built twenty years ago and their technology is clearly outdated. SB 580 will appropriate $10 million over three years to redesign and modernize the Department's firearm data systems so that performance, efficiency, and processing speed can be can be increased. Additionally, the bill will appropriate $50 thousand to the Department to provided needed training to local law enforcement agencies on the use of AFS. "The Armed and Prohibited Persons System (APPS) database maintained by DOJ contains information on persons who have purchased firearms and subsequently become prohibited by law from purchasing or possessing firearms. Using this information, law enforcement can proactively disarm armed and prohibited persons before they harm themselves or others. The California Brady Campaign strongly supports the APPS program as it furthers our goal of keeping firearms out of dangerous hands. We pushed for implementation of the program in 2007 and have repeatedly advocated for increased funding so that the Department can hire, train, and assign more special agents and criminal intelligence specialists for the APPS program. Last year, the legislature appropriated $24,000,000 from the Dealers' Record of Sale Special Account to the Department to address the huge backlog in APPS. SB 580 will appropriate $5 million so that the Department can contract with local law enforcement agencies to help address the backlog in counties with the largest number of armed and prohibited persons. "The Firearms Safety and Enforcement Special Fund is supported by a fee on each firearm sale and is used by the Department of Justice for purposes related to weapons and firearms regulation and enforcement. Due to the high number of firearm sales in recent years, the Fund has sufficient monies to fund the appropriations under SB 580. SB 580 Page 8 "California's strong gun laws and use of technology are contributing to a dramatic reduction in the firearm mortality rate in the state. Funding to fully implement and enforce these laws and upgrade the data systems will further reduce firearm injury and death in California. Accordingly, the California Chapters of the Brady Campaign strongly support SB 580." 5)Related Legislation: a) AB 1609 (Alejo) , makes federal requirements state law requirements for acquiring firearms outside of California current. AB 1609 is awaiting a hearing in Senate Public Safety. b) AB 2300 (Ridley-Thomas) , makes various changes to the APPS program as the result of a Joint Legislative Audit Committee audit report. AB 2300 is pending in the Senate Appropriations Committee and is scheduled to be heard on June 23rd . c) SB 53 (DeLeon) . SB 53 prospectively imposes background check requirements involving ammunition transactions beginning SB 53 is awaiting action on the Assembly floor. 6)Prior Legislation : SB 140 (Leno), Statutes of 2013, Chapter 2, appropriated $24 million from the DROS Special Account to the DOJ for costs associated with regulatory and enforcement of illegal possession of firearms by prohibited persons, and requires the DOJ to report specified information to the Joint Legislative Budget Committee by March 1, 2015 and every March 1 until 2019. REGISTERED SUPPORT / OPPOSITION : Support California Chapters of the Brady Campaign to Prevent Gun Violence California District Attorneys Association Friends Committee on Legislation of California Law Center to Prevent Gun Violence SB 580 Page 9 Opposition None Analysis Prepared by : Gabriel Caswell / PUB. S. / (916) 319-3744