BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | SB 683|
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THIRD READING
Bill No: SB 683
Author: Block (D)
Amended: 5/24/13
Vote: 21
SENATE PUBLIC SAFETY COMMITTEE : 5-2, 4/16/13
AYES: Hancock, Block, De León, Liu, Steinberg
NOES: Anderson, Knight
SENATE APPROPRIATIONS COMMITTEE : 5-2, 5/23/13
AYES: De León, Hill, Lara, Padilla, Steinberg
NOES: Walters, Gaines
SUBJECT : Firearms: firearm safety certificate
SOURCE : Author
DIGEST : This bill extends to all firearms the requirements in
existing law that all handgun purchasers obtain a handgun safety
certificate (HSC) prior to taking possession of the handgun and
makes conforming changes to statutes regarding HSCs.
ANALYSIS :
Existing law:
1. Provides that no person shall do either of the following:
A. Purchase or receive any handgun, except an antique
firearm, without a valid HSC.
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B. Sell, deliver, loan, or transfer any handgun, except
an antique firearm, to any person who does not have a
valid HSC.
C. Any person who violates subdivision (a) of Penal Code
Section 31615 is guilty of a misdemeanor, punishable by up
to six months in county jail, a fine of up to $1,000, or
both.
1. Requires the license applicant to complete and pass a
written test prescribed by the Department of Justice (DOJ)
and administered by an instructor certified by DOJ.
2. Provides that the DOJ shall develop HSCs to be issued by
instructors certified by the DOJ, to those persons who have
complied with specified requirements.
3. Allows the DOJ to charge a certified instructor up to $15
for each HSC issued by that instructor and requires the funds
to be deposited in the Firearms Safety and Enforcement
Special Fund (Special Fund), which is a continuously
appropriated fund.
This bill:
1. Extends to all firearms the requirements in existing law that
all handgun purchasers obtain a HSC prior to taking
possession of the handgun commencing January 1, 2015. Makes
conforming changes to statutes regarding HSCs.
2. Allows, commencing January 1, 2015, the DOJ to collect $15
for each firearm safety certificate and requires the funds to
be deposited in the Special Fund, which is continuously
appropriated, thereby making and appropriation.
Background
Beginning in 1993, possession of a HSC was required to transfer
firearms. The DOJ was required to create the requisite process
to obtain a HSC. 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.
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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. The bill provided that, effective January 1, 2003, no
person may purchase, transfer, receive, or sell a handgun
without a HSC.
FISCAL EFFECT : Appropriation: Yes Fiscal Com.: Yes
Local: Yes
According to the Senate Appropriations Committee:
One-time costs of $716,000 (Special Fund) over two years to
DOJ to update program materials including safety guides,
certificates, the written test, safety video, and related
materials. Costs to be fully covered by fees.
Annual DOJ enforcement costs of about $500,000 (Special
Fund) to be covered by the $15 transaction fee.
Non-reimbursable local enforcement costs offset to a degree
by fine revenue.
Non-reimbursable local incarceration costs to the extent
persons are convicted of the misdemeanor offenses of
falsifying a firearm safety certificate or conducting
transactions involving a firearm without a valid firearm
safety certificate.
SUPPORT : (Verified 5/25/13)
American Academy of Pediatrics
American Association of University Women of California
American Association of University Women, Santa Barbara, Goleta
Valley Branch
American Association of University Women, Santa Maria Branch
Anti-Defamation League
Auburn Area Democratic Club
Bend the Arc: Jewish Partnership for Justice
California Chapters of the Brady Campaign to Prevent Gun
Violence
California Church Impact
California Federation of Teachers
California Medical Association
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Christy Lynne Wilson Foundation
City of Los Angeles, Mayor Antonio Villaraigosa
CLUE California
Courage Campaign
Credo Action
Democrat Women of Santa Barbara County
Doctors for America
Laguna Woods Democratic Club
Law Center to Prevent Gun Violence
Los Angeles Police Department Chief Charlie Beck
Moms Demand Action for Gun Sense in America
Moms Demand for Gun Sense in America - San Francisco Bay Area
Chapter
National Council of Jewish Women
Neighbors Untied to Protect our Communities
Orange County Chapter of the Brady Campaign to Prevent Gun
Violence
Orange County Democrats
PICO California
Santa Barbara Rape Crises Center
Sisters of St. Joseph of Orange
South County Citizens Against Gun Violence
Tri-Cities Democratic Forum
Tri-City Interfaith Council
Violence Prevention Coalition of Greater Los Angeles
Violence Prevention Coalition of Orange County
Women For: Orange County
Youth ALIVE!
OPPOSITION : (Verified 5/24/13)
California Association of Federal Firearms Licensees
California Rifle and Pistol Association
National Rifle Association
ARGUMENTS IN SUPPORT : 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
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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.
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.
ARGUMENTS IN OPPOSITION : California Association of Federal
Firearms Licensees writes:
This measure would make the qualification test for a "firearm
safety certificate" unnecessarily difficult as it will require
detailed knowledge of the many firearm types that a purchaser
doesn't - and may never - own.
Handgun purchasers seeking to exercise Second Amendment rights
acknowledged by the U.S. Supreme Court in D.C., at al. v.
Heller, 128 S.Ct. 2783 (2008), would no longer just need to
know the details of handguns. Under SB 683, they would also
need to learn, know, and pass a test on the intricacies of
firearm categories like rifles, shotguns, other long guns, and
firearms Federally classified as Any Other Weapons, each
having myriad action types such as lever, pump,
semi-automatic, single-shot, and others -- this despite the
fact that they may never chose to own any of them.
JG/AL:k 5/28/13 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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