BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                  SB 580
                                                                  Page  1

          Date of Hearing:   August 6, 2014

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                  Mike Gatto, Chair

                   SB 580 (Jackson) - As Amended:   June 12, 2014 

          Policy Committee:                             Public Safety  
          Vote:        5-0

          Urgency:     No                   State Mandated Local Program:   
          No     Reimbursable:               

           SUMMARY  

          This bill:

          1)Appropriates $5 million dollars from the Firearms Safety and  
            Enforcement Special Fund (FSESF) to the Department of Justice  
            (DOJ) for the 2014-15 fiscal year to contract with local law  
            enforcement agencies to reduce the Armed Prohibited Persons  
            System (APPS) backlog.

          2)Appropriates $10 million from the FSESF over three years,  
            beginning in 2014-15, to DOJ to redesign and update firearms  
            computer systems, specifically the Firearms Information  
            Gateway, APPS, the Basic Firearms Eligibility Check System,  
            the Applicant Firearms Eligibility Check System, and the  
            Integrated Document Retrieval System.

          3)Appropriates $50,000 from the FSESF to DOJ for 2014-15 to  
            provide APPS training to APPS local law enforcement agencies  
            by June 1, 2015.  

           FISCAL EFFECT  

          1)Appropriates a total of $15,050,000 from the FSESF to DOJ. The  
            FSESF has a projected 2014-15 reserve of about $18 million. By  
            statute, the FSESF, upon appropriation, may be used to  
            implement and enforce provisions of the Firearm Safety  
            Certificate program, implement and enforce gun law enforcement  
            programs, and establish, maintain, and upgrade equipment and  
            services necessary for gun dealers to comply with the Dealers  
            Record of Sale (DROS) system.









                                                                  SB 580
                                                                  Page  2

          2)Generally, appropriations of this magnitude, particularly  
            those that involve computer system upgrades, are accompanied  
            by significant project documentation, including a breakdown of  
            expenditures and timetables. Indications are that the $10  
            million appropriation is based on a developing DOJ budget  
            change proposal (BCP) to address information technology  
            upgrades to its firearm systems.  

          3)The rationale for the proposed $5 million appropriation  
            appears to be based on a similar $1 million proposal from DOJ  
            last year, which was ultimately not included in SB 140 (Leno),  
            which appropriated $24 million from the DROS account to DOJ to  
            fund enforcement of illegal gun possession by relieving guns  
            from prohibited persons. It appears DOJ's intent for the $1  
            million was to fund local overtime efforts to disarm persons  
            on the prohibited list. It is not clear how the $5 million  
            would be allocated, nor is it clear this amount could be  
            effectively expended within the six-month window proposed by  
            this bill.   

          4)The $50,000 appropriation, while relatively minor, appears  
            unnecessary, as DOJ already performs such training within  
            existing resources. 

           COMMENTS  

           1)Rationale  . The author's intent is to provide additional  
            resources to address the ongoing backlog of about 40,000 guns  
            possessed by about 19,500 prohibited persons. Due primarily to  
            state and local fiscal constraints, this backlog continues to  
            grow.  

            According to the author and proponents, although the DOJ and  
            local law enforcement have the authority to confiscate these  
            guns, they require additional resources to further reduce this  
             backlog of weapons. 

           2)DOJ's Armed Prohibited Persons System (APPS)  is an online  
            database that cross-references persons who possess a gun and  
            who, subsequent to possession of that gun, become a member of  
            the class of persons legally prohibited from possessing a gun.  
            Law enforcement agencies may access APPS via stationary or  
            mobile terminals and thus are able to identify persons  
            prohibited from possessing a gun. 









                                                                  SB 580
                                                                  Page  3

            All felony convictions lead to a lifetime prohibition, while  
            specified misdemeanors result in a 10-year prohibition. A  
            person may also be prohibited due to a protective order, due  
            to having been adjudicated as having a mental disorder, or as  
            condition of probation. If a person communicates to his or her  
            psychotherapist a serious threat of physical violence against  
            an identifiable victim, 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. If a person is  
            admitted into a facility because that person is a danger to  
            himself, herself, or to others, the person is prohibited from  
            owning or purchasing a firearm for five years

            According to DOJ, about half of the persons on the APPS list  
            are prohibited due to criminal history; about 30% due to  
            mental health status, and about 20% due to active restraining  
            orders.   

           3)Is confiscation of guns from prohibited persons a local law  
            enforcement responsibility  ? Yes. DOJ, however, does have a  
            statewide law enforcement responsibility, and given local law  
            enforcement fiscal constraints in recent years, the use of a  
            reserve from a state special fund  already authorized for  
            related purposes, for a demonstrable public safety need,  
            appears appropriate, if underdeveloped.

           4)Related legislation  , SB 140 (Leno), Statutes of 2013,  
            appropriated $24 million from the Dealers Record of Sale  
            (DROS) Special Account to the Department of Justice (DOJ) to  
            fund enforcement of illegal gun possession by relieving  
            weapons from persons in the Armed Prohibited Persons System  
            (APPS). 


           

           Analysis Prepared by  :    Geoff Long / APPR. / (916) 319-2081