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
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|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 |
| | | | |
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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
SB 683
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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.
SB 683
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Analysis Prepared by : Shaun Naidu / PUB. S. / (916) 319-3744
FN: 0002178