BILL ANALYSIS Ó ----------------------------------------------------------------- |SENATE RULES COMMITTEE | SB 683| |Office of Senate Floor Analyses | | |1020 N Street, Suite 524 | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ----------------------------------------------------------------- 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. CONTINUED SB 683 Page 2 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. CONTINUED SB 683 Page 3 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 CONTINUED SB 683 Page 4 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 CONTINUED SB 683 Page 5 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 **** END **** CONTINUED SB 683 Page 6 CONTINUED