BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | SB 808|
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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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