BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                  SB 580
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          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  








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            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 §  








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            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  








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            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: 








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             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  








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            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  








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            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.  









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            "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









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           Opposition 
           
          None
           

          Analysis Prepared by  :    Gabriel Caswell / PUB. S. / (916)  
          319-3744