BILL ANALYSIS Ó
SB 808
Page 1
Date of Hearing: June 24, 2014
Counsel: Gabriel Caswell
ASSEMBLY COMMITTEE ON PUBLIC SAFETY
Tom Ammiano, Chair
SB 808 (DeLeon) - As Amended: January 21, 2014
SUMMARY : 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. Specifically, this bill :
1)Requires any person who makes or assembles a firearm to:
a) Obtain a unique serial number or other mark from the DOJ
prior to making or assembling a firearm;
b) Within one day of making or assembling the firearm, to
engrave or permanently affix the unique serial number or
other mark to that firearm; and,
c) Notify the DOJ once the serial number or other mark is
affixed to the firearm.
2)Specifies, prior to the DOJ providing the person with a unique
serial number or other mark, the person must present proof
that:
a) The applicant is not prohibited by state or federal law;
b) He or she is 18 years of age or older; and,
c) The making of the firearm is in compliance with local
regulatory requirements.
3)Defines "manufacturing or "assembling" a firearm as to
fabricate or construct a firearm, or to fit together the
component parts of a firearm to construct a firearm.
4)Provides if the firearm is a handgun, a violation of this
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section is punishable by imprisonment in a county jail not to
exceed one year, or by a fine not to exceed one thousand
dollars ($1,000), or by both that fine and imprisonment. For
all other firearms, a violation of this section is punishable
by imprisonment in a county jail not to exceed six months, or
by a fine not to exceed one thousand dollars ($1,000), or by
both that fine and imprisonment. Each firearm found to be in
violation of this section constitutes a distinct and separate
offense. This section does not preclude prosecution under any
other law providing for a greater penalty.
5)Requires the DOJ to maintain electronic records of all persons
that receive a unique serial number or other mark, and notify
the DOJ that it has been engraved or affixed to the firearm.
6)Allows the DOJ to charge a fee for applications to administer
the costs of electronic tracking and would authorize the DOJ
to use the Dealer Record of Sales (DROS) account to cover
actual costs associated with this legislation.
EXISTING LAW :
1)Requires licensed importers and licensed manufacturers to
identify each firearm imported or 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
(AG). (18 U.S.C. § 923 subd. (i).)
2)Specifies that the United States Undetectable Firearms Act of
1988 makes it illegal to manufacture, import, sell, ship,
deliver, possess, transfer, or receive any firearm that is not
as detectable by walk-through metal detection as a security
exemplar containing 3.7 oz. of steel, or any firearm with
major components that do not generate an accurate image before
standard airport imaging technology. (18 U.S.C. § 922 subd.
(p).)
3)Prohibits a person, firm, or corporation licensed to
manufacture firearms pursuant to Chapter 44 (commencing with
Section 921) of Title 18 of the United States Code from
manufacturing firearms in California, unless the person, firm
or corporation is also licensed under California law (Penal
Code § 29010). This prohibition does not apply to a person
licensed under federal law, who manufactures less than 100
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firearms a calendar year. (Pen. Code § 29010 subd. (b).)
4)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
the DOJ to make that change, alteration, or removal. (Pen.
Code § 23900.)
5)Allows the 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 the department has been destroyed or obliterated.
(Pen. Code § 23910.)
6)Makes it a misdemeanor, with limited enumerated exceptions,
for any person to buy, receive, dispose of, sell, offer to
sell or have possession any pistol, revolver, or other firearm
that has had the name of the maker or model, or the
manufacturer's number or other mark of identification changed,
altered, removed, or obliterated. (Pen. Code §§ 23920 and
23925.)
7)Requires a person be at least 18 years of age to purchase a
rifle or shotgun. To purchase a handgun, a person must be at
least 21 years of age. As part of the DROS process, the
purchaser must present "clear evidence of identity and age"
which is defined as a valid, non-expired California Driver's
License or Identification Card issued by the Department of
Motor Vehicles. (Pen. Code §§ 27510 and 16400.)
8)Requires purchasers to present a handgun safety certificate
prior to the submission of DROS information for a handgun or
provide the dealer with proof of exemption pursuant to
California Penal Code Section 31700. Beginning on January 1,
2015, this requirement will be extended to all firearms.
(Pen. Code § 26840.)
9)Requires that firearms dealers obtain certain identifying
information from firearms purchasers and forward that
information, via electronic transfer to the DOJ to perform a
background check on the purchaser to determine whether he or
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she is prohibited from possessing a firearm. (Pen. Code §§
28160-28220.)
10)Requires firearms to be centrally registered at the time of
transfer or sale by way of transfer forms centrally compiled
by the DOJ. The DOJ is required to keep a registry from data
sent to the DOJ indicating who owns what firearm by make,
model, and serial number and the date thereof. (Pen. Code §
11106 subds. (a) & (c).)
11)Requires that, upon receipt of the purchaser's information,
the DOJ shall examine its records, as well as those records
that it is authorized to request from the State Department of
Mental Health pursuant to Section 8104 of the Welfare and
Institutions Code, in order to determine if the purchaser is
prohibited from purchasing a firearm because of a prior felony
conviction or because they had previously purchased a handgun
within the last 30 days, or because they had received
inpatient treatment for a mental health disorder, as
specified. (Pen. Code § 28220.)
12)Allows the DOJ to require the dealer to charge each firearm
purchaser a fee not to exceed $14, except that the fee may be
increased at a rate not to exceed any increase in the
California Consumer Price Index as compiled and reported by
the Department of Industrial Relations. This fee, known as
the DROS or DROS fee, shall be no more than is necessary to
fund specific codified costs. (Pen. Code § 28225.)
13)Provides the AG shall establish and maintain an online
database to be known as the Prohibited Armed Persons File.
The purpose of the file is to cross-reference persons who have
ownership or possession of a firearm on or after January 1,
1991, as indicated by a record in the Consolidated Firearms
Information System, and who, subsequent to the date of that
ownership or possession of a firearm, fall within a class of
persons who are prohibited from owning or possessing a
firearm. (Pen. Code § 30000.)
FISCAL EFFECT : Unknown
COMMENTS :
1)Author's Statement : According to the author, "On Monday,
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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 (Act) of 1988 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.
"The Act only broadly states that guns must be detectable, and
thus a detachable piece of metal would suffice to meet the
requirements of the law. Since additive manufacturing
produces plastic guns without permanent metal components, an
individual can smuggle a three-dimensionally printed plastic
gun through a metal detector by simply removing any detectable
components.
"The additive manufacturing technologies available today allow
amateur users to fabricate guns and gun parts at home. As
three-dimensional printing technology advances, so will the
accessibility and affordability of the printers. Without
specific measures that address the dangers posed by these
self-made guns, criminals and dangerous individuals will
exploit the technologies at the expense of public safety.
"Although additive manufacturing is the latest method by which
firearms can be built at home, it is by no means the only way.
The lawful sale of 80% assembled lowers and other gun parts
allows for an individual to assemble a fully functional
firearm and not be subject to a background check or
serialization by simply claiming that the gun is for personal
use. Therefore, detection is not the only issue raised by
self-made and self-assembled guns. The development of
technologies that make the manufacture of weapons accessible
to the general public raises questions about whether homemade
guns are being made by dangerous individuals, including felons
and other prohibited individuals."
2)Recent Events : According to a July 15, 2013, briefing
prepared by the Minority Staff of the Committee on Energy and
Commerce, United States House of Representatives:
On June 7, 2013, John Zawahri, 23, killed five people
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and injured several more during a shooting rampage
that lasted approximately 13 minutes in Santa Monica,
California. He first shot and killed his father,
Samir Zawahri, and brother, Christopher, at their
home. He then pulled over and carjacked Laurie Sisk,
forcing her to drive at gunpoint to Santa Monica
College. Zawahri shot at numerous cars, pedestrians,
and a bus en route, killing the college's
groundskeeper, Carlos Franco, and his daughter,
Marcela. Upon arriving at the campus, he then fatally
shot another woman, Margarita Gomez. He then entered
the school library, where he attempted to kill several
library patrons who were hiding in a safe room.
Police, who had been alerted to the shooting and to
Zawahri's location by numerous 911 calls, exchanged
gunfire in the library with the shooter and pronounced
him dead at the scene. According to authorities,
Zawahri fired approximately 100 rounds in total.
Zawahri had a history of mental illness. In 2006, a
teacher at his high school discovered Zawahri
researching assault weapons online. School officials
contacted the police and he was subsequently admitted
to the psychiatric ward at the University of
California, Los Angeles Medical Center. Zawahri
attempted to buy a weapon in 2011, but a background
check conducted by the California Department of
Justice found him ineligible and denied the purchase.
The reasons for this denial have not been publicly
released.
Zawahri used a modified AR-15 rifle in the shooting
and also carried a .44-caliber handgun. He possessed
more than 1,300 rounds of ammunition. The AR-15 rifle
is the same type of gun used in the mass shootings
that occurred in Aurora, Colorado, and Newtown,
Connecticut. The AR-15 firearm held 30 rounds.
California state law bans the sale of AR-15 rifles
with a magazine capacity greater than ten rounds.
Authorities believe that Zawahri assembled his AR-15
rifle using parts he bought in pieces from a number of
different sources, including an 80% completed lower
receiver. Police found a drill press at Zawahri's
home, a tool that can make holes in the lower receiver
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to complete the weapon. (Citations Omitted.)
3)Lower Receivers : There are no provisions in existing law that
prevent a person from buying an 80% lower receiver and then
making it into a fully functional firearm. According to
Tactical Machining, "An 80% Receiver is a partially completed
piece of material that requires special tooling and skills to
be completed and considered a firearm."
( http://www.tacticalmachining.com/80-lower-receiver.html .)
Because 80% lower receivers are not considered firearms, a
person purchasing them does not have to go through a federal
firearms dealer, and does not have to undergo a background
check. According to the author, SB 808 will help to close
this loophole.
4)Argument in Support : According to the California Chapter of
the American College of Emergency Physicians , "[g]un violence
killed almost 32,000 American civilians in 2011 and seriously
injured another 74,000 - a toll greater than that of HIV/AIDS.
More people die from gun violence each year than from
alcoholic liver failure and skin cancer combined.
Road-related fatalities per capita have drifted consistently
down, and 2012 is expected to be the first year with more
bullet-related deaths than motor vehicle related ones."
5)Argument in Opposition : According to the California
Association of Federal Firearms Licensees ,"[t]here are
thousands - likely into the high hundreds of thousands, and
perhaps even millions - of personally-assembled firearms in
California today. SB 808 makes no provision for how the
Department will communicate with these lawful gun owners and
inform them of their new obligations and criminal liabilities
under your proposed law. Even if the Department could create
and implement such a massive outreach program, SB 808 does not
provide any funding method to pay for it."
6)Prior Legislation :
a) AB 809 (Feuer), Statutes of 2011, Chapter 745, conformed
requirements for reporting and record retention involving
the transfer of long guns with those of handguns.
b) AB 302 (Beall), Statutes of 2010, Chapter 344, required
that by July 1, 2012, specified mental health facilities
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shall report to the DOJ exclusively by electronic means
when a person is admitted to that facility either because
that person was found to be a danger to themselves or
others, or was certified for intensive treatment for a
mental disorder, as specified.
REGISTERED SUPPORT / OPPOSITION :
Support
American College of Emergency Physicians, California Chapter
California Chapters of the Brady Campaign to Prevent Gun
Violence
California State Sheriffs' Association
City of Santa Monica
Opposition
California Association of Federal Firearms Licensees
National Shooting Sports Foundation
2 Private Citizens
Analysis Prepared by : Gabriel Caswell / PUB. S. / (916)
319-3744