BILL ANALYSIS Ó
SENATE COMMITTEE ON PUBLIC SAFETY
Senator Loni Hancock, Chair S
2013-2014 Regular Session B
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SB 683 (Block)
As Amended April 1, 2013
Hearing date: April 16, 2013
Penal Code
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FIREARMS SAFETY CERTIFICATES
HISTORY
Source: Author
Prior Legislation:SB 52 (Scott) - Ch. 942. Stats. 2001
Support: California Chapters of the Brady Campaign to Prevent
Gun Violence; California Church Impact; Youth Alive!;
Moms Demand for Gun Sense in America (San Francisco Bay
Area Chapter); Law Center to Prevent Gun Violence;
South County Citizens Against Gun Violence; Laguna
Woods Democratic Club; Violence Prevention Coalition;
CLUE California; California Church Impact; Doctors for
America; PICO California; Christy Lynne Wilson
Foundation; Bend the Arc: Jewish Partnership for
Justice; Courage Campaign; Moms Demand Action for Gun
Sense in America; several individual letters
Opposition:California Association of Federal Firearms Licensees;
National Rifle Association; California Rifle and Pistol
Association; letters and phone calls from several
individuals
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KEY ISSUE
SHOULD THE REQUIREMENTS IN CURRENT LAW THAT ALL HANDGUN PURCHASERS
OBTAIN A HANDGUN SAFETY CERTIFICATE PRIOR TO TAKING POSSESSION OF
THE HANDGUN BE EXTENDED TO ALL FIREARMS?
PURPOSE
The purpose of this bill is to extend to all firearms the
requirements in current law that all handgun purchasers obtain a
handgun safety certificate prior to taking possession of the
handgun and to make conforming changes to statutes regarding
handgun safety certificates.
Current law provides that no person shall do either of the
following:
Purchase or receive any handgun, except an antique
firearm, without a valid handgun safety certificate.
Sell, deliver, loan, or transfer any handgun, except an
antique firearm, to any person who does not have a valid
handgun safety certificate.
Any person who violates subdivision (a) is guilty of a
misdemeanor, punishable by up to 6 months in county jail, a
fine of up to $1,000, or both.
(Penal Code section 31615.)
Current law requires the license applicant to complete and pass
a written test prescribed by the DOJ and administered by an
instructor certified by DOJ. The test shall include:
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The laws applicable to carrying and handling
firearms, particularly handguns;
The responsibilities of ownership of firearms,
particularly handguns;
Current law as it relates to the sale and
transfer of firearms laws;
Current law as it relates to the permissible
use of lethal force;
What constitutes safe firearm storage;
Risks associated with bringing handguns into
the home; and,
Prevention strategies to address issues
associated with bringing firearms into the home.
(Penal Code section 31640.)
Current law exempts an honorably retired member of the United
States Armed Forces, the National Guard, the Air National Guard,
or active reserve components of the United States from having to
obtain a handgun safety certificate in order to purchase a
handgun. (Penal Code Section 31700(a)(1).)
Current law provides that the Department of Justice shall
develop handgun safety certificates to be issued by instructors
certified by the department, to those persons who have complied
with specified requirements. A handgun safety certificate shall
include, but not be limited to, the following information:
A unique handgun safety certificate identification
number.
The holder's full name.
The holder's date of birth.
The holder's driver's license or identification number.
The holder's signature.
The signature of the issuing instructor.
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The date of issuance.
The handgun safety certificate shall expire five years after the
date that it was issued by the certified instructor. (Penal
Code section 31655.)
Current law requires licensed firearms dealers to post
conspicuously within the licensed premises a detailed list of
each of the following:
All charges required by governmental agencies for processing
firearm transfers required by:
Section 12806,
Chapter 5 (commencing with Section 28050), and
Article 3 (commencing with Section 28200) of Chapter 6.
All fees that the licensee charges pursuant to
Section 12806 and
Chapter 5 (commencing with Section 28050).
Current law states that licensed firearms dealers shall not
misstate the amount of fees charged by a governmental agency
pursuant to
Section 12806,
Chapter 5 (commencing with Section 28050), and
Article 3 (commencing with Section 28200) of Chapter 6.
(Penal Code section 26880.)
This bill would extend to all firearms the requirements in
current law that all handgun purchasers obtain a handgun safety
certificate prior to taking possession of the handgun. This
bill would also make conforming changes to statutes regarding
handgun safety certificates.
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RECEIVERSHIP/OVERCROWDING CRISIS AGGRAVATION
For the last several years, severe overcrowding in California's
prisons has been the focus of evolving and expensive litigation
relating to conditions of confinement. On May 23, 2011, the
United States Supreme Court ordered California to reduce its
prison population to 137.5 percent of design capacity within two
years from the date of its ruling, subject to the right of the
state to seek modifications in appropriate circumstances.
Beginning in early 2007, Senate leadership initiated a policy to
hold legislative proposals which could further aggravate the
prison overcrowding crisis through new or expanded felony
prosecutions. Under the resulting policy known as "ROCA" (which
stands for "Receivership/ Overcrowding Crisis Aggravation"), the
Committee held measures which created a new felony, expanded the
scope or penalty of an existing felony, or otherwise increased
the application of a felony in a manner which could exacerbate
the prison overcrowding crisis. Under these principles, ROCA
was applied as a content-neutral, provisional measure necessary
to ensure that the Legislature did not erode progress towards
reducing prison overcrowding by passing legislation which would
increase the prison population. ROCA necessitated many hard and
difficult decisions for the Committee.
In January of 2013, just over a year after the enactment of the
historic Public Safety Realignment Act of 2011, the State of
California filed court documents seeking to vacate or modify the
federal court order to reduce the state's prison population to
137.5 percent of design capacity. The State submitted in part
that the, ". . . population in the State's 33 prisons has been
reduced by over 24,000 inmates since October 2011 when public
safety realignment went into effect, by more than 36,000 inmates
compared to the 2008 population . . . , and by nearly 42,000
inmates since 2006 . . . ." Plaintiffs, who oppose the state's
motion, argue in part that, "California prisons, which currently
average 150% of capacity, and reach as high as 185% of capacity
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at one prison, continue to deliver health care that is
constitutionally deficient."
In an order dated January 29, 2013, the federal court granted
the state a six-month extension to achieve the 137.5 % prisoner
population cap by December 31st of this year.
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The ongoing litigation indicates that prison capacity and
related issues concerning conditions of confinement remain
unsettled. However, in light of the real gains in reducing the
prison population that have been made, although even greater
reductions are required by the court, the Committee will review
each ROCA bill with more flexible consideration. The following
questions will inform this consideration:
whether a measure erodes realignment;
whether a measure addresses a crime which is directly
dangerous to the physical safety of others for which there
is no other reasonably appropriate sanction;
whether a bill corrects a constitutional infirmity or
legislative drafting error; whether a measure proposes
penalties which are proportionate, and cannot be achieved
through any other reasonably appropriate remedy; and
whether a bill addresses a major area of public safety
or criminal activity for which there is no other
reasonable, appropriate remedy.
COMMENTS
1. Need For This Bill
According to the author:
It is important that the State of California ensures
that everyone who buys a firearm is a responsible
gun-owner with demonstrated knowledge of safe handling
and gun laws. Currently, California requires potential
handgun owners to take and pass a safety certificate
test designed to ensure that the buyer understands the
law and knows how to safely handle a handgun. To buy a
long gun, however, a buyer is not required to show
that he or she is proficient in the safe handling of
the gun or knows the laws associated with the long
gun.
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Expanding the Safety Certificate to include long guns
ensures that everyone who buys a firearm is an
educated and responsible gun-owner. A long gun can be
a dangerous weapon without knowledge of proper
handling procedures. First-time buyers are often not
aware of the proper and safe handling of a firearm.
They are also frequently unaware of California's
complicated firearm laws.
This bill seeks to increase the number of responsible
gun owners by requiring a Firearm Safety Certificate
to buy any firearm. This will increase the knowledge
gun owners have regarding their own weapons for the
purpose of encouraging responsible gun ownership and
use, and preventing accidents from happening.
2. Handgun Safety Certificates
Beginning in 1993, possession of a handgun safety certificate
was required to transfer firearms. The Department of Justice was
required to create the requisite process to obtain a handgun
safety certificate. Exemptions were provided for specified
classes of persons who did not need to either successfully take
the course or challenge the course with a specified exam.
SB 52 (Scott), Chapter 942, Statutes of 2001, repealed the Basic
Firearms Safety and Certificate Program and replaced that
program with the more stringent Handgun Safety Licensing
Program. SB 52 provided that, effective January 1, 2003, no
person may purchase, transfer, receive, or sell a handgun
without a Handgun Safety Certificate (HSC).
This bill would extend what is currently a requirement for
handgun buyers to learn basic safety and laws regarding handguns
to instead include this requirement to buyers of all firearms.
The subjects covered would be:
The laws applicable to carrying and handling
firearms, particularly handguns;
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The responsibilities of ownership of firearms,
particularly handguns;
Current law as it relates to the sale and
transfer of firearms laws;
Current law as it relates to the permissible
use of lethal force;
What constitutes safe firearm storage;
Risks associated with bringing a firearm into
the home; and,
Prevention strategies to address issues
associated with bringing firearms into the home.
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