BILL ANALYSIS Ó
SB 808
Page 1
SENATE THIRD READING
SB 808 (De León)
As Amended August 19, 2014
Majority vote
SENATE VOTE :22-10
PUBLIC SAFETY 5-2 APPROPRIATIONS 12-5
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|Ayes:|Ammiano, Jones-Sawyer, |Ayes:|Gatto, Bocanegra, |
| |Quirk, Skinner, Stone, | |Bradford, Ian Calderon, |
| | | |Campos, Eggman, Gomez, |
| | | |Holden, Pan, Quirk, |
| | | |Ridley-Thomas, Weber |
| | | | |
|-----+--------------------------+-----+--------------------------|
|Nays:|Melendez, Waldron, |Nays:|Bigelow, Donnelly, Jones, |
| | | |Linder, Wagner |
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SUMMARY : Requires a person, commencing July 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;
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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)Prohibits the sale or transfer of ownership of a firearm
manufactured or assembled pursuant to these provisions. The
bill would prohibit a person from aiding in the manufacture or
assembly of a firearm by a person who is prohibited from
possessing a firearm.
5)Provides if the firearm is a handgun, a violation of this
section is punishable by imprisonment in a county jail not to
exceed one year, or by a fine not to exceed $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 $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.
6)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.
7)Requires that DOJ must keep vendor license information as
specified.
8)Specifies conditions which must be satisfied for dissemination
of retained firearms information and records in domestic
violence matters.
9)Allows the DOJ to charge a fee sufficient to reimburse it for
the actual costs associated with assigning a distinguishing
number or mark to firearms as specified. The DOJ may charge a
fee for each distinguishing number or mark it issues as
specified. All money received pursuant to his section shall
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be deposited in the Dealers' Record of Sale Special Account of
the General Fund, to be available, upon appropriation by the
legislature.
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).
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.
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 Section 29010). This prohibition does not apply to a
person licensed under federal law, who manufactures less than
100 firearms a calendar year.
FISCAL EFFECT : According to the Assembly Appropriations
Committee:
1) Allows the DOJ to charge a fee of up to $19 (assuming
the statutory CPI adjustment) for the actual costs of
assigning a distinguishing number.
2)Authorizes DOJ to charge a separate $5 fee to each person
issued a distinguishing number for the manufacture or assembly
of a gun.
3)DOJ estimates ongoing special costs in the range of $700,000,
with additional one-time start-up costs in the range of
$700,000. Costs include information technology staff,
consulting services, servers, hardware and software.
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4)The fees provided for in the bill - $24 in total - will be
insufficient to cover the costs of this measure. Based on DOJ
estimates that as many as 30,000 guns may be processed in the
first year of the program, dwindling thereafter to about 2,000
per year, fee revenue would be about $700,000 in the first
year of the program (assuming a separate fee for each gun),
decreasing to less than $50,000 annually going forward. DOJ
would presumably need a bridge loan from the existing Dealer
Record of Sale Account or the Firearms Safety and Enforcement
Special Fund to get the program up and running. Even with a
bridge loan, however, a repayment and ongoing funding source
appears elusive.
COMMENTS : According to the author, "On Monday, December 9,
2013, Congress approved HR 3626 to extend the 25 year old ban on
undetectable firearms for an additional 10 years. The
Undetectable Firearms Act (Act) of 1988 prohibits the
manufacture, sale, and possession of guns that cannot be
detected by metal detection. Though HR 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
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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."
Please see the policy analysis for a full discussion of this
bill .
Analysis Prepared by : Gabriel Caswell / PUB. S. / (916)
319-3744
FN: 0004989