BILL ANALYSIS Ó ----------------------------------------------------------------- |SENATE RULES COMMITTEE | SB 808| |Office of Senate Floor Analyses | | |1020 N Street, Suite 524 | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ----------------------------------------------------------------- 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 CONTINUED SB 808 Page 2 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. CONTINUED SB 808 Page 3 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. CONTINUED SB 808 Page 4 (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. CONTINUED SB 808 Page 5 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: CONTINUED SB 808 Page 6 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 CONTINUED SB 808 Page 7 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 **** END **** CONTINUED