BILL ANALYSIS Ó SB 683 Page 1 SENATE THIRD READING SB 683 (Block) As Amended September 3, 2013 Majority vote SENATE VOTE :28-11 PUBLIC SAFETY 4-2 APPROPRIATIONS 11-5 ----------------------------------------------------------------- |Ayes:|Ammiano, Jones-Sawyer, |Ayes:|Gatto, Bocanegra, | | |Quirk, Skinner | |Bradford, | | | | |Ian Calderon, Campos, | | | | |Gomez, Hall, Holden, Pan, | | | | |Quirk, Weber | | | | | | |-----+--------------------------+-----+--------------------------| |Nays:|Melendez, Waldron |Nays:|Harkey, Bigelow, | | | | |Donnelly, Linder, Wagner | | | | | | ----------------------------------------------------------------- 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. SB 683 Page 2 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. 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. 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. 4)Authorizes a certified instructor who administers the handgun safety test to charge a fee of $25, $15 of which is to be paid SB 683 Page 3 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. 5)Provides that DOJ shall develop handgun safety certificates, which expire five 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 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. 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; SB 683 Page 4 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; 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. FISCAL EFFECT : According to the Assembly Appropriations Committee, one-time special fund (Firearms Safety and Enforcement Fund) costs in the range of $400,000 to update the gun safety certificate program - safety guides, videos, test materials, etc. - to include long guns costs covered by fee. COMMENTS : 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." Please see the policy committee analysis for a full discussion of this bill. SB 683 Page 5 Analysis Prepared by : Shaun Naidu / PUB. S. / (916) 319-3744 FN: 0002178