BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                            



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                                    THIRD READING


          Bill No:  SB 808
          Author:   De León (D)
          Amended:  1/21/14
          Vote:     21


           SENATE PUBLIC SAFETY COMMITTEE  :  5-1, 1/14/14
          AYES:  Hancock, De León, Liu, Mitchell, Steinberg
          NOES:  Knight
          NO VOTE RECORDED:  Anderson

           SENATE APPROPRIATIONS COMMITTEE  :  5-1, 1/23/14
          AYES:  De León, Hill, Lara, Padilla, Steinberg
          NOES:  Gaines
          NO VOTE RECORDED:  Walters


           SUBJECT  :    Firearms:  identifying information

           SOURCE  :     Author


           DIGEST  :    This bill requires a person, commencing January 1,  
          2016, to apply to and obtain from the Department of Justice  
          (DOJ) a unique serial number or other mark of identification  
          prior to manufacturing or assembling a firearm, subject to  
          specified exceptions and requires any person who, as of January  
          1, 2016, owns a firearm that does not already bear a serial  
          number, as specified, to apply to DOJ for a unique serial number  
          or other mark of identification by July 1, 2016.

           ANALYSIS  :    Existing federal law requires licensed importers  
          and licensed manufacturers to identify each firearm imported or  
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          manufactured by using the serial number engraved or cast on the  
          receiver or frame of the weapon, in such manner as prescribed by  
          the Attorney General.

          Existing state law:

          1.Makes it illegal to change, alter, remove, or obliterate the  
            name of the maker, model, manufacturer's number, or other mark  
            of identification on any pistol, revolver, or any other  
            firearm, without first having secured written permission from  
            DOJ to make that change, alteration, or removal.

          2.Allows DOJ, upon request, to assign a distinguishing number or  
            mark of identification to any firearm whenever the firearm  
            lacks a manufacturer's number or other mark of identification,  
            or whenever the manufacturer's number or other mark of  
            identification, or a distinguishing number or mark assigned by  
            DOJ has been destroyed or obliterated. 

          This bill:

          1.Regulates firearms that are manufactured or assembled by an  
            individual, by requiring a person, commencing January 1, 2016,  
            to do the following:
          
             A.   Apply for and obtain a unique serial number or other  
               identifying mark from DOJ prior to manufacturing or  
               assembling a firearm.

             B.   Engrave or permanently affix the unique serial number or  
               mark to the firearm, as specified.

             C.   Notify DOJ once the serial number or mark is affixed to  
               the firearm.

          1.States that any person who, as of January 1, 2016, owns a  
            firearm that does not already bear a serial number, as  
            specified, he/she shall apply to DOJ for a unique serial  
            number or other mark of identification by July 1, 2016.

          2.States that a violation of the above requirements is  
            punishable by imprisonment in county jail for up to one year  
            (for handguns) or six months (for other firearms), a fine of  
            up to $1,000, or by both the fine and imprisonment.

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          3.Provides for the following exemptions from the requirement to  
            obtain a serial number for a self-assembled firearm:

             A.   A firearm that has a serial number or mark of  
               identification assigned to it, as specified.

             B.   A firearm that is not a handgun manufactured or  
               assembled prior to December 16, 1968.

             C.   A firearm that is a curio or relic, as defined.

          1.States that an application to DOJ for a unique serial number  
            shall only be granted if the applicant:

             A.   Completes a personal firearms eligibility check  
               demonstrating that the applicant is not prohibited by state  
               or federal law from possessing, receiving, owning, or  
               purchasing a firearm.

             B.   Presents proof of age and identity, as specified.

             C.   Provides a description of the firearm intended to be  
               manufactured or assembled, in a manner prescribed by DOJ.

             D.   Has a valid firearm safety certificate or handgun safety  
               certificate.

          1.Requires DOJ to:

             A.   Recover the full costs of administering the program by  
               collecting application fees.

             B.   Include a discreet fee as part of the application  
               process to cover the cost of placing information in the  
               centralized registry.

             C.   Adopt regulations to administer the program.

             D.   Maintain and make available upon request the following  
               information:

               (1)    The number of applications made and granted.


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               (2)    The amount of fees collected.

               (3)    The number of arrests for violations of the bill's  
                 provisions. 

          Background
           
          According to the author's office, On Monday, December 9, 2013,  
          Congress approved H.R. 3626 to extend the 25 year old ban on  
          undetectable firearms for an additional ten years.  The  
          Undetectable Firearms Act of 1988 (Act) prohibits the  
          manufacture, sale, and possession of guns that cannot be  
          detected by metal detection.  Though H.R. 3626 was passed with  
          bipartisan support, efforts to amend the Act to cover plastic  
          firearms produced using three-dimensional printers, or additive  
          manufacturing, failed.  As a result, federal law does not  
          address the threat posed by newly developed plastic guns.

           Prior Legislation  

          AB 809 (Feuer, Chapter 745, Statutes of 2011), commencing  
          January 1, 2014, conforms requirements for reporting and record  
          retention involving the transfer of long guns with those of  
          handguns; repeals the prohibition on peace officers and DOJ from  
          retaining or compiling records of long gun transfers; expands  
          the reporting requirements to apply to the importation of long  
          guns; and expands requirements for firearms dealers to keep a  
          register or record of information pertaining to firearms  
          transactions to include information pertaining to transactions  
          involving all firearms.

           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  Yes    
          Local:  Yes

          According to the Senate Appropriations Committee:

           One-time DOJ costs of $70,000 (DROS *) to promulgate  
            regulations.

           One-time DOJ costs in the range of $1 million (DROS *) for  
            enhancements to various automation systems.  Costs include  
            staffing, overtime, external consultants, and software  
            development.  Ongoing costs for maintenance are estimated to  
            be minor.

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           Start-up costs of $350,000 (DROS *) to process and verify an  
            estimated 15,000 applications to register 30,000 firearms.   
            Annual costs in the range of $100,000 (DROS *) for ongoing  
            administration of the program to process an estimated 1,000  
            applications to register 2,000 firearms, verify required  
            information, assign serial numbers, and input data.  The $25  
            fee per application will cover start-up costs but will not  
            sustain the ongoing costs of the program (1,000 applications  
            would only generate $25,000 in fee revenue).

           Non-reimbursable local enforcement costs offset to a degree by  
            fine revenue to the extent violations of the new registration  
            requirements occur.

           Potential court-related costs (Trial Court Trust Fund **) for  
            new misdemeanor filings.

           While the impact of this bill independently on local jails is  
            likely to be minor, the cumulative effect of expanded  
            misdemeanors could create General Fund cost pressure on  
            capital outlay, staffing, programming, the courts, and other  
            resources in the context of criminal justice realignment.

           SUPPORT  :   (Verified  1/23/14)

          Brady Campaign to Prevent Gun Violence
          City of Los Angeles
          City of Santa Monica
          Los Angeles County Sherriff's Department
          Peace Officers Research Association of California

           OPPOSITION  :    (Verified  1/23/14)

          California Association of Firearms Retailers
          California Federation of Federal Firearm Licensees
          Gun Owners of California
          National Rifle Association
          National Shooting Sports Foundation, Inc.
          Outdoors Sportsmen's Coalition of California
          Safari Club International
          The California Sportsman's Lobby

           ARGUMENTS IN SUPPORT  :    According to the author's office:

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               In June of 2013, John Zawahri killed five people in Santa  
               Monica using a homemade gun.  Although denied from  
               purchasing a gun by the DOJ because of mental health  
               issues, Zawahri was able to purchase a lower receiver  
               online, which he modified to craft the AR-15 style rifle  
               that he used in the shooting.  Despite being denied  
               purchase of a gun, he was able to skirt the law by  
               obtaining parts online and assembling his own assault  
               weapon.  Given that guns parts can be easily purchased  
               online or made at home with 3-D printers, there is no way  
               for law enforcement to ensure that prohibited individuals  
               are not assembling guns on their own.

               These ghost guns are being produced without a serial number  
               or record of sale.  No one knows they exist and there is no  
               way to know if the people making them are legally allowed  
               to own guns.  Criminals and other dangerous individuals are  
               circumventing our existing firearms laws by making ghost  
               guns.  Our laws must be updated to prevent homemade guns  
               from falling into the hands of dangerous criminals and the  
               mentally unstable.

           ARGUMENTS IN OPPOSITION  :    According to the National Shooting  
          Sports Foundation:

               By imposing an additional burden on the making of a firearm  
               through traditional means or through so-called "3D  
               printing," the bill arbitrarily limits the activity of  
               law-abiding citizens without addressing any public safety  
               risk.

               Despite the thousands of dollars it requires to produce  
               firearm parts using this advanced technology and the  
               required computer programs, the end result, is not as  
               effective as a conventional firearm.  While it serves as a  
               useful tool for licensed manufacturers to develop  
               prototypes, this is hardly a mass-production technique  
               ready for do-it-yourself production of firearms.

               The high cost and limited effectiveness mean that criminals  
               are not using 3D printing to produce firearms.  Data from  
               the U.S. DOJ shows about 80% of criminals acquired their  
               firearms illegally, through theft or on the street, or  

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               obtained them from family or friends.  The fact remains  
               that criminals have easier and cheaper avenues to obtain  
               firearms.  Requiring the application for a serial number  
               will not reduce crime.


          JG:e  1/24/14   Senate Floor Analyses 

                           SUPPORT/OPPOSITION:  SEE ABOVE

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