BILL ANALYSIS Ó
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THIRD READING
Bill No: SB 755
Author: Wolk (D), et al.
Amended: 5/7/13
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: prohibited persons
SOURCE : Author
DIGEST : This bill adds specified offenses to the list of
misdemeanors that result in a 10-year prohibition on firearms
possession, and specifies certain misdemeanors related to
substance abuse for which a violation of two or more within a
three-year period will result in a 10-year prohibition on
firearms possession. This bill also provides that persons
ordered into outpatient treatment due to mental illness, as
specified, will be prohibited from possessing firearms while
subject to assisted outpatient treatment.
ANALYSIS : Existing California law provides that certain
people are prohibited from owning or possessing a firearm. This
includes:
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Lifetime Ban
Anyone convicted of a felony;
Anyone addicted to a narcotic drug;
Any juvenile convicted of a violent crime with a gun and tried
in adult court;
Any person convicted of a federal crime that would be a felony
in California and sentenced to more than 30 days in prison, or
a fine of more than $1,000;
Anyone convicted of certain violent misdemeanors, e.g.,
assault with a firearm; inflicting corporal injury on a spouse
or significant other, brandishing a firearm in the presence of
a police officer.
10-Year Ban
Anyone convicted of numerous misdemeanors involving violence
or threats of violence.
5-Year Ban
Anyone convicted of specified misdemeanors;
Any person taken into custody, assessed, and admitted to a
designated facility due to that person being found to be a
danger to themselves or others as a result of a mental
disorder, is prohibited from possessing a firearm during
treatment and for five years from the date of their discharge.
This bill:
1. Adds the following misdemeanor offenses to those for which a
conviction results in a 10-year prohibition on possession of
a firearm:
A. Obstructing or resisting an executive office by
force or threat of force.
B. Removing a weapon from the presence of a peace
officer while resisting arrest.
C. Willful disobedience of a criminal street gang
injunction.
D. Active participation in a criminal street gang.
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E. Commission of an offense for the benefit of a
street gang.
F. Sale of a firearm without a license.
G. Sale of ammunition to an underage person.
H. Possession of ammunition by a person prohibited
from possessing a firearm.
I. Sale or supplying ammunition to a person prohibited
from possessing a firearm.
J. Bringing ammunition on school grounds.
K. Carrying a concealed firearm where the person has
been convicted of a drug offense or of a crime against
a person or property.
L. Carrying a concealed firearm where the firearm was
loaded and not registered to the person in possession.
M. Carrying a loaded firearm in public where the
person has been convicted of a drug offense or of a
crime against a person or property.
N. Carrying a loaded firearm in public where the
firearm was not registered to the person in
possession.
2. Provides that any person convicted of a misdemeanor violation
of two or more of the following offenses within a three-year
period and who, within 10-years of the second conviction,
owns, purchases, receives or has in their possession or under
their custody or control, any firearm, is guilty of a public
offense, which is punishable by imprisonment in a county jail
not exceeding one year or in the state prison, by a fine not
exceeding $1,000, or both:
A. Being under the influence of any controlled
substance.
B. Vehicular manslaughter while intoxicated.
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C. Public intoxication.
D. Driving a vehicle under the influence of any
alcoholic beverage or drug.
E. Driving a vehicle under the influence of any
alcoholic beverage or drug and causing injury.
F. Driving a vehicle with a blood-alcohol concentration
of 0.01% or greater while on probation for driving
under the influence
G. Possession for sale or distribution of synthetic
cannabinoids, as defined.
H. Possession for sale or sale of specified controlled
substances.
I. Possession for sale or sale of ketamine.
3.Requires the Court to notify persons subject to these firearms
prohibitions on forms prescribed by DOJ.
4.Provides that person ordered into outpatient treatment due to
mental illness, as specified, will be prohibited from
possessing firearms while subject to assisted outpatient
treatment.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: Yes
According to the Senate Appropriations Committee:
One-time automation system enhancement costs of $270,000
(Special Fund*) to the DOJ to update various reporting
systems.
Ongoing increase in annual state incarceration costs
potentially in the millions of dollars (General Fund) to the
extent additional violations of the firearms prohibition,
which is a wobbler, occur under the expanded list of
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misdemeanor crimes.
Ongoing increase in annual local incarceration costs
potentially in the millions of dollars (Local) to the extent
additional violations of the firearms prohibition occur under
the expanded list of misdemeanor crimes.
Substantial increase in annual DOJ enforcement costs
(Special Fund*) for the likely increase to the Armed
Prohibited Persons System due to a significant increase in
the number of individuals prohibited from owning or
possessing firearms under the provisions of this bill.
Ongoing significant court costs (General Fund**) for
notifications to the DOJ for both violations of the list of
expanded misdemeanors and outpatient treatment cases.
*Dealers' Record of Sale Special Account
**Trial Court Fund
SUPPORT : (Verified 5/25/13)
AAUW of California
AAUW, Santa Barbara - Goleta Valley Branch
AAUW, Santa Maria Branch
ADL, Anti-Defamation League
Alliance of Automobile Manufactures
Auburn Area Democratic Club
Bend the Arc: Jewish Partnership for Justice
California Church Impact
California Federation of Teachers
California Police Chiefs Association
California State Sheriffs' Association
Century Council
Christy Lynn Wilson Foundation
Clue California
Credo Action
Crime Victims Action Alliance
Crime Victims United California
Democrat Women of Santa Barbara County
Diageo
Distilled Spirits Council of the United States
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Doctors for America
Laguna Woods Democratic Club
Los Angeles Mayor Antonio R. Villaraigosa
Los Angeles Police Department Chief Charlie Beck
Moms Demand Action for Gun Sense in America
National Council of Jewish Women
National Transportation Safety Board
Neighbors Untied to Protect our Communities
Orange County Chapter of the Brady Campaign to Prevent Gun
Violence
Orange County Democrats
Peace Officers Research Association of California
PICO California
San Bernardino County Sheriff
Santa Barbara Rape Crises Center
Sisters of St. Joseph of Orange
South County Citizens Against Gun Violence, Orange County
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
OPPOSITION : (Verified 5/25/13)
California Attorneys for Criminal Justice
California DUI Lawyers Association
California Sportsman's Lobby
Disability Rights California
Outdoor Sportsman's Coalition
Safari Club International
ARGUMENTS IN SUPPORT : The California Chapters of the Brady
Campaign to Prevent Gun Violence states:
Senate Bill 755 also adds to the class of prohibited
persons those who have been convicted of two or more drug
or alcohol related offenses within a three year period.
Both State and federal law prohibit persons who are
addicted to narcotics from possessing firearms but this
law is not particularly effective because there is no
data base of addicted persons. The law is completely
silent with regard to alcohol abused and firearm
possession.
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The journal Injury Prevention reports that, "there is a
large body of scientific evidence that people who abuse
alcohol or illicit drugs are at increased risk of
committing acts of violence or self harm." If drug and
alcohol abusers are at higher risk of committing
violence, then it stands to reason that these individuals
should also be prohibited from possessing firearms. A
follow up study by Dr. Garen Wintemute found that firearm
owners were more likely than non firearm owners to have
more than five drinks on one occasion, to drink and drive
and to have more than 60 drinks in one month. Further,
he found that heavy alcohol use was most common among
firearm owners who engaged in behaviors such as carrying
a firearm for protection against other people and keeping
a firearm at home that was both loaded and not locked
away. We believe that adding drug and alcohol related
offenses as a prohibited category for firearm possession
would add significantly to public safety.
Senate Bill 755 also creates a ten year prohibition on
firearm possession for individuals who have been ordered
into Assisted Outpatient Treatment (AOT) under Laura's Law
(AB 1421, 2002). This provision of the bill, while a good
idea, will impact a small number of people. Most
individuals who are under AOT court orders have been
repeatedly committed for involuntary mental health
treatment under WIC §5150, or have been incarcerated, and
are therefore likely already to be in a prohibited class.
However, there is a small group that may have committed
themselves for inpatient treatment voluntarily and are not
prohibited under existing law. These persons are also
considered a danger to self or others and should have a
firearm prohibition as well.
ARGUMENTS IN OPPOSITION : The California Public Defenders
Association states:
If the purpose of the bill is to limit persons, who because
of their conviction of these crimes, makes it more
dangerous for them to possess a firearm, hence, a firearm
control bill, this bill misses the mark because it adds
offenses to the firearms ban which have no nexus to either
firearm use or dangerousness.
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For example, the bill would add to the list of offenses
that trigger the 10-year ban on firearm possession, a
number of Vehicle Code violations, such as two convictions
for driving under the influence (VC 23152). It would
include in the ban persons convicted of being a crew member
of a charter boat, and doing so while under the influence
of alcohol or drugs (H&N 655.4). It would include in the
ban persons convicted of flying an airplane while under the
influence (Public Utilities code 21407.1), or simply being
drunk in public (PC 647(f)). It would also include certain
violations of the Business & Professions Code. None of
these offenses have any nexus to firearms, or their use.
None of these offenses are of the type that would make
possession of a firearm more dangerous to the public.
On the other hand, the purpose of this bill may be to
simply increase penalties for conviction of the added
offenses. Unfortunately, the increased penalty of a
10-year firearm possession ban has no real deterrent effect
to people committing these offenses. If that were the
purpose, why not take away the right to vote for people
convicted of the added offenses? Why the right to possess
a firearm? Again, there is no nexus between the proposed
additional penalty and the offense itself.
JG:nld 5/27/13 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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