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 SB 808 Page 2 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 SB 808 Page 3 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 SB 808 Page 4 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, SB 808 Page 5 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 SB 808 Page 6 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 SB 808 Page 7 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 SB 808 Page 8 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