BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | SB 759|
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THIRD READING
Bill No: SB 759
Author: Nielsen (R)
Amended: 4/25/13
Vote: 21
SENATE PUBLIC SAFETY COMMITTEE : 7-0, 4/30/13
AYES: Hancock, Anderson, Block, De León, Knight, Liu, Steinberg
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
SUBJECT : Firearms: California State Military Museum and
Resource Center
SOURCE : California State Military Museum Foundation
DIGEST : This bill updates current law which authorizes
donation of firearms or other weaponry to the California
National Guard military museum to instead refer to the
California State Military Museum and Resource Center located in
Sacramento, and authorizes donations to occur at branch museums
located at California National Guard facilities, as specified.
ANALYSIS :
Existing law:
1. Provides the California State Military Museum and Resource
Center is the official state military museum.
2. Requires destruction of firearms in the custody of law
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enforcement agencies under specified circumstances.
3. Contains certain exceptions to the requirement that such
weapons be destroyed:
A. An officer having custody of any firearm that may be
useful to the California National Guard, the Coast Guard
Auxiliary, or to any military or naval agency of the
federal or state government, including, but not limited
to, the California National Guard military museum and
resource center, may, upon the authority of the
legislative body of the city, city and county, or county
by which the officer is employed and the approval of the
Adjutant General, deliver the firearm to the commanding
officer of a unit of the California National Guard, the
Coast Guard Auxiliary, or any other military agency of the
state or federal government, in lieu of destruction as
required by any of the provisions, as specified.
B. The officer delivering a firearm shall take a receipt
for it, which contains a complete description of the
firearm, and shall keep the receipt on file in his/her
office as a public record.
C. Any firearm, or part of any firearm, which, rather
than being destroyed, is used for official purposes, shall
be destroyed by the agency using the weapon when it is no
longer needed by the agency for use in carrying out its
official duties.
D. Firearms or weaponry donated to the California
National Guard military museum and resource center may be
disposed of pursuant to the Military and Veterans Code
Section 179.
This bill:
1. Specifies sections of the Penal Code which authorize
donation of firearms or other weaponry to the California
National Guard military museum to instead refer to the
California State Military Museum and Resource Center located
in Sacramento, and authorizes donations to be made at branch
museums located at the California National Guard facilities
at Camp Roberts, Camp San Luis Obispo, and Los Alamitos Armed
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Forces Reserve Center.
2. Provides that any state agency, county, municipality, or
special purpose district may offer any excess military
weapons or equipment, such as historical war equipment like
artillery, tanks, or armored vehicles, to the California
State Military Museum and Resource Center or any branch
museum, as specified.
Comments
The California State Military Museum is located at 1119 Second
Street in the Old Sacramento State Historical Park. It is only
a few minutes' walk from the State Capitol, the California State
Railroad Museum and several other fine museums, parks, and
tourist attractions. The museum, opened by Governor Pete Wilson
in 1991, is the official military museum and historical research
center of the State of California. This was reinforced on 11
September 2002 when Governor Gray Davis signed legislation
making the museum a permanent museum under the State Military
Department and providing permanent funding for the museum.
Finally on 13 July 2004, Governor Arnold Schwarzenegger signed
legislation to amend the Government Code to make the museum the
state's official military museum:
I am signing AB 1939 which establishes the California State
Military Museum and Resource Center located in Sacramento,
California as the official military museum because I believe
that it is very important to preserve California's storied
military heritage.
Today, the museum houses over 33,000 artifacts as well a
substantial library and archives. In addition to the main
facility in Sacramento, the museum also has three satellite
museums at Camp Roberts in Monterey County, Camp San Luis Obispo
in San Luis Obispo County, and the Los Alamitos Joint Forces
Training Base (under development) in Orange County.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
SUPPORT : (Verified 5/14/13)
California State Military Museum Foundation (source)
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National Guard Association of California
ARGUMENTS IN SUPPORT : According to the author, "Current law
does not reflect the proper name of the California State
Military Museum. It refers to a previous name. This makes it
difficult for law enforcement agencies that may have historical
or militarily significant weapons which can be turned over to
the California National Guard for display in the museum, to know
who to contact."
JG:k 5/14/13 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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