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 ----------------------------------------------------------------- |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 | ----------------------------------------------------------------- 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; SB 808 Page 2 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 SB 808 Page 3 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. SB 808 Page 4 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 SB 808 Page 5 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