BILL ANALYSIS Ó
SB 683
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Date of Hearing: August 13, 2013
Counsel: Shaun Naidu
ASSEMBLY COMMITTEE ON PUBLIC SAFETY
Tom Ammiano, Chair
SB 683 (Block) - As Amended: August 7, 2013
SUMMARY : Extends the safety certificate requirement for
handguns to all firearms and requires the performance of a safe
handling demonstration to receive a long gun. Specifically,
this bill :
1)Starting January 1, 2015, extends the safety certificate
requirement for handguns to all firearms and makes conforming
changes.
2)Requires long-gun recipients, except as specified, to perform
a safe handling demonstration before receiving that firearm
from a licensed firearm dealer. Requires the Department of
Justice (DOJ) to adopt regulations by January 1, 2015
establishing a long-gun safe-handling demonstration that
includes, at a minimum, loading and unloading the long gun.
3)Exempts individuals with valid current-season hunting
licenses, or valid hunting licenses from the hunting season
immediately preceding the calendar year, from the firearm
safety certificate requirement when acquiring a firearm other
than handguns. This exemption is in addition to the current
list of exemptions to the handgun safety certificate
requirements.
4)Exempts individuals with unexpired handgun safety certificates
from the firearm safety certificate requirement when acquiring
only handguns.
EXISTING LAW :
1)Prohibits a dealer, except as specified, from delivering a
handgun unless the person receiving the handgun presents to
the dealer a valid handgun safety certificate. (Penal Code
Section 26840.)
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2)Punishes as a misdemeanor any person who purchases or receives
any handgun, except as specified, without a valid handgun
safety certificate or any person who sells, delivers, loans,
or transfers any handgun, except as specified, to a person who
does not have a valid handgun safety certificate. (Penal Code
Section 31615.)
3)Requires the safety certificate applicant to complete and pass
a written test prescribed by DOJ and administered by a
DOJ-certified instructor. The test must cover, but is not
limited to, the following:
a) The laws applicable to carrying and handling firearms,
particularly handguns;
b) The responsibilities of ownership of firearms,
particularly handguns;
c) Current law as it relates to the sale and transfer of
firearms laws;
d) Current law as it relates to the permissible use of
lethal force;
e) What constitutes safe firearm storage;
f) Risks associated with bringing handguns into the home;
and,
g) Prevention strategies to address issues associated with
bringing firearms into the home. (Penal Code Section
31640.)
4)Authorizes a certified instructor who administers the handgun
safety test to charge a fee of $25, $15 of which is to be paid
to DOJ to cover DOJ's cost in carrying out and enforcing
provisions relating to the handgun safety certificate and
other specified provisions of law. (Penal Code Section
31650.)
5)Provides that DOJ shall develop handgun safety certificates,
which expire 5 years after the date of issue, to be issued by
DOJ-certified instructors to those persons who have complied
with specified requirements. A handgun safety certificate
shall include, but not be limited to, the following
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information:
a) A unique handgun safety certificate identification
number;
b) The holder's full name;
c) The holder's date of birth;
d) The holder's driver's license or identification number;
e) The holder's signature;
f) The signature of the issuing instructor; and,
g) The date of issuance. (Penal Code Section 31655.)
1)Exempts the following persons from the handgun safety
certificate requirement:
a) Any active or honorably-retired peace officer, as
defined;
b) Any active or honorably-retired deferral officer or law
enforcement agent;
c) Any reserve peace officer, as defined;
d) Any person who has successfully completed the specified
peace officer training course;
e) A licensed firearms dealer, as specified;
f) A federally-licensed collector, as specified;
g) A person to whom a firearm is being returned, where the
person receiving the firearm is the owner of the firearm;
h) A family member of a peace officer killed in the line
who is obtaining the firearm of the slain officer;
i) Any individual who has a valid concealed weapons permit,
who is authorized to carry a loaded firearm, or who is the
holder of a special weapons permit, as specified;
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j) An active or honorably-retired member of the United
States Armed Forces, the National Guard, the Air National
Guard, or the other active reserve components of the United
States. (Penal Code Section 31700(a).)
FISCAL EFFECT : Unknown
COMMENTS :
1)Author's Statement : According to the author, "SB 683 is about
education and preventing unintended injuries. Currently anyone
age 18 or older can buy a long gun without having to show that
he or she understands how to safely use and properly store it
in the home. Long guns can be just as dangerous as hand guns.
And long gun laws are just as complicated as hand gun laws. So
it makes sense to establish similar requirements to buy a long
gun as those required to purchase a hand gun.
"The purpose of the current Handgun Safety Certificate is to
ensure that persons who buy a handgun have a basic familiarity
with the firearm and are aware of the laws that govern gun
ownership. This bill expands this program by establishing the
Firearm Safety Certificate which seeks to generate more
responsible, law-abiding gun owners by requiring every
purchaser to take a written objective test that covers
California laws applicable to the handling of both hand guns
and long guns, the responsibilities of firearm ownership, the
private transfer of firearms, and safe firearm storage."
2)Safety Certificate Background : 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.
Senate Bill 52 (Scott), Chapter 942, Statutes of 2001,
repealed the basic firearms safety certificate scheme and
replaced it with the more stringent handgun safety certificate
scheme. 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 currently is a requirement for
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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:
a) The laws applicable to carrying and handling firearms;
b) The responsibilities of ownership of firearms;
c) Current law as it relates to the sale and transfer of
firearms;
d) Current law as it relates to the permissible use of
lethal force;
e) What constitutes safe firearm storage;
f) Risks associated with bringing a firearm into the home;
and,
g) Prevention strategies to address issues associated with
bringing firearms into the home.
3)Hunting License v. Firearm Safety Certificate : California
requires any person hunting, pursuing, catching, capturing,
killing, or attempting any of these actions on, birds or
mammals to have a hunting license issued by this state. (Fish
and Game Code (FGC) Sections 86 and 1054.2.) In order to
obtain a California hunting license, the state "requires all
first time resident hunters, regardless of age, to complete
hunter education training or pass a comprehensive equivalency
test before purchasing a hunting license." (California
Department of Fish and Wildlife, California Hunter Education
Program [as of Aug. 7,
2013]; FGC Sections 1053.5 and 3050.) Consequently, "[e]ach
year approximately 30,000 students complete the state's
ten-hour minimum hunter education course." (California
Department of Fish and Wildlife, California Hunter Education
Program, supra.) A hunting license generally is valid for one
year from July 1 to June 30. (FGC Section 3037.)
Additionally, California allows the issuance of a lifetime
hunting license for state residents of any age. (FGC Section
3031.2.)
Topics covered by the hunting education course generally are
Introduction to Hunter Education, Hunting Safety, Hunter
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Responsibility, Outdoor Safety, Wildlife Conservation, and
Hunting Opportunities. (See, e.g., International Hunter
Education Association, Introduction to Hunter Education
[as of Aug. 7, 2013].) The
amount of firearm safety information included in the hunting
education course is more extensive than that in the safety
certificate education component prompting the exemption in
this bill from the safety certificate requirement for those in
possession of a hunting license. An argument, however, can be
made that while the hunting education requirement is more
intensive and extensive, it does not cover all aspects
included by the safety certificate education component (such
as the applicable laws regarding the sale and transfer of
firearms and persons ineligible to possess firearms) which
would be useful to all firearm owners.
4)Loaning of Long Guns : Under existing law, there is an
exception for a minor possessing a handgun safety certificate
when a handgun is temporarily loaned for the purpose of the
minor engaging in lawful, recreational sport (such as
competitive shooting) or other specified activities. (Penal
Code Section 31810.) As argued in its opposition letter, the
California Waterfowl Association notes that this bill "is
impractical in cases where firearms need to be temporarily
loaned to others, particularly youth, for hunting or other
recreational shooting purposes while participants are in the
field or at a shooting range. In such cases, it would not
likely be possible for someone to obtain a safety certificate
in a timely manner." As this bill does not create a
loan-to-minors exception to the firearm safety certificate,
the author may wish to address the inconsistency that this
bill will create between long guns and handguns.
5)Argument in Support : According to the Law Center to Prevent
Gun Violence , "SB 683 would require every firearm purchaser to
have a valid Firearm Safety Certificate before buying a
weapon, regardless of whether the firearm to be acquired is a
handgun or a long gun. This expansion reflects the prominent
role that long guns (rifles and shotguns) play in our gun
violence epidemic. For example, of the 26,682 crime guns
entered into the state's Automated Firearm System (AFS)
database in 2009, 11,500 were long guns. Moreover, requiring
long gun owners to obtain a Firearm Safety Certificate will
help ensure that all gun owners know how to handle their
weapons safely and understand their responsibilities under
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California law.
"Expanding the certificate requirement to apply to all firearm
buyers is a reasonable method of making sure that gun owners
are informed about basic principles of gun safety and
California law while imposing only a minimal burden upon
them."
6)Argument in Opposition : According to the California
Association of Federal Firearms Licensees , "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 County in D.C., et 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 [sic] 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."
7)Prior Legislation :
a) AB 35 (Shelley), Chapter 940, Statutes of 2001, required
any person who wants to purchase or otherwise transfer a
handgun, except as specified, to obtain a handgun safety
certificate. Enactment of AB 35 was contingent upon the
enactment of SB 52, with the bill that was chaptered last
establishing the handgun safety certificate scheme.
b) SB 52 (Scott), Chapter 942, Statutes of 2001, required
any person who wants to purchase or otherwise transfer a
handgun, except as specified, to obtain a handgun safety
certificate. Enactment of SB 52 was contingent upon the
enactment of AB 35, with the bill that was chaptered last
establishing the handgun safety certificate scheme.
REGISTERED SUPPORT / OPPOSITION :
Support
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Courage Campaign (Sponsor)
American Academy of Pediatrics, California
American Association of University Women, Santa Barbara-Goleta
Valley Branch
Anti-Defamation League
Auburn Area Democratic Club
Bend the Arc: Jewish Partnership for Justice
Brady Campaign to Prevent Gun Violence, California Chapter
Brady Campaign to Prevent Gun Violence, Orange County Chapter
California Church IMPACT
California Medical Association
City of Santa Monica
Clergy & Laity United for Economic Justice
Coalition Against Gun Violence, A Santa Barbara County Coalition
Coalition to Stop Gun Violence
CREDO Action
Diablo Valley Democratic Club
Doctors for America
Jewish Public Affairs Committee of California
Laguna Woods Democratic Club
Law Center to Prevent Gun Violence
League of Women Voters of California
Los Angeles Mayor Antonio Villaraigosa (former)
Nevada County Democratic Women's Club
PICO California
Santa Barbara Rape Crisis Center
Tri-Cities Democratic Forum
Women Against Gun Violence
Women For: Orange County
Violence Prevention Coalition of Greater Los Angeles
Violence Prevention Coalition of Orange County
Youth ALIVE!
Eleven private individuals
Opposition
California Association of Federal Firearms Licensees
California Rifle and Pistol Association, Inc.
California Waterfowl Association
Analysis Prepared by : Shaun Naidu / PUB. S. / (916) 319-3744
SB 683
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