BILL ANALYSIS                                                                                                                                                                                                    



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          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.








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          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  








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            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;









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             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.









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           Analysis Prepared by  :    Shaun Naidu / PUB. S. / (916) 319-3744 


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