BILL ANALYSIS �
SB 759
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Date of Hearing: August 13, 2013
Chief Counsel: Gregory Pagan
ASSEMBLY COMMITTEE ON PUBLIC SAFETY
Tom Ammiano, Chair
SB 759 (Nielsen) - As Amended: April 25, 2013
SUMMARY : Corrects an erroneous reference to the California
State Military Museum and Resource Center (CSMMRC) in various
provisions of law, and authorizes any state agency, county,
municipality, or special purpose district to offer any excess
historical military weapons or equipment to the CSMMR or any
branch museum, as specified.
EXISTING LAW :
1)Provides the CSMMRC is the official state military museum.
(Government Code Section 429.6.)
2)Requires destruction of firearms in the custody of law
enforcement agencies under specified circumstances. (Penal
Code Sections 34000 and 16580.)
3)Provides that 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 provisions in existing law.
[Penal Code Section 34000(a)(1).]
4)Requires that an officer delivering a firearm pursuant to
above provision shall take a receipt for it, which contains a
complete description of the firearm, and shall keep the
receipt on file in his or her office as a public record.
[Penal Code Section 34000(a)(2).]
SB 759
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5)States that any firearm, or part of any firearm, which, rather
than being destroyed, is used for official purposes as
authorized, 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. [Penal Code Section 34000(c)(1).]
6)Provides that firearms or weaponry donated to the California
National Guard military museum and resource center may be
disposed of pursuant to specified provisions of the Military
and Veterans Code. [Penal Code Section 34000(c) (2).]
FISCAL EFFECT : None
COMMENTS : According to the author, "Current law does not
reflect the proper name of the CSMMRC. It refers to its
previous name. This makes it difficult for law enforcement
agencies that many have historical or military significant
weapons which can be turned over to the National Guard for
display in the museum to know who to contact.
"SB 759 is a small but important measure that will allow
California to not only preserve important pieces of military
history, but may also get potentially dangerous weapons off the
street."
REGISTERED SUPPORT / OPPOSITION :
Support
National Guard Association of California
Opposition
None
Analysis Prepared by : Gregory Pagan / PUB. S. / (916)
319-3744