BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | SB 808|
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UNFINISHED BUSINESS
Bill No: SB 808
Author: De León (D)
Amended: 8/22/14
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
SENATE FLOOR : 22-10, 1/30/14
AYES: Beall, Block, Calderon, Corbett, De León, DeSaulnier,
Evans, Hancock, Hernandez, Hill, Jackson, Lara, Leno, Lieu,
Liu, Mitchell, Monning, Padilla, Steinberg, Torres, Wolk, Yee
NOES: Anderson, Berryhill, Correa, Fuller, Gaines, Huff,
Knight, Vidak, Walters, Wyland
NO VOTE RECORDED: Cannella, Galgiani, Hueso, Nielsen, Pavley,
Roth, Wright, Vacancy
ASSEMBLY FLOOR : Not available
SUBJECT : Firearms: identifying information
SOURCE : Author
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DIGEST : This bill 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.
Assembly Amendments require plastic guns to have a permanently
affixed metal component with the issued serial number, specify
that guns assembled under this program cannot be transferred or
sold, provide applicants 10 days to place the serial number
instead of one, shift the implementation date six months, and
add double-jointing language with SB 53 (De León) and SB 1609
(Alejo).
ANALYSIS : Existing federal law 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.
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.Requires any person who makes or assembles a firearm to:
A. Obtain a unique serial number or other mark from DOJ
prior to making or assembling a firearm;
B. Within 10 days of making or assembling the firearm, to
engrave or permanently affix the unique serial number or
other mark to that firearm;
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C. If the firearm is manufactured or assembled from polymer
plastic, 3.7 ounces of a specified stainless steel shall be
embedded within the plastic upon fabrication or
construction with the unique serial number engraved or
otherwise permanently affixed in a manner that meets or
exceeds the requirements imposed on licensed importers and
licensed manufacturers of firearms as specified; and
D. Notify DOJ once the serial number or other mark is
affixed to the firearm.
1.Specifies, prior to 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/she is 18 years of age or older; and
C. The making of the firearm is in compliance with local
regulatory requirements.
1.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.
2.Prohibits the sale or transfer of ownership of a firearm
manufactured or assembled. Prohibits a person from aiding in
the manufacture or assembly of a firearm by a person who is
prohibited from possessing a firearm.
3.Provides if the firearm is a handgun, a violation 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 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
constitutes a distinct and separate offense. States that it
does not preclude prosecution under any other law providing
for a greater penalty.
4.Requires DOJ to maintain electronic records of all persons
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that receive a unique serial number or other mark, and notify
DOJ that it has been engraved or affixed to the firearm.
5.Requires that DOJ keep vendor license information, as
specified.
6.Specifies conditions which must be satisfied for dissemination
of retained firearms information and records in domestic
violence matters.
7.Allows 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. DOJ may charge a fee for
each distinguishing number or mark it issues as specified.
All money received shall be deposited in the Dealers' Record
of Sale Special Account of the General Fund, to be available,
upon appropriation by the Legislature.
8.Exempts antique firearms from serial number requirements
imposed by this bill.
9.Contains double jointing language to prevent chaptering out
issues with AB 1609 (Alejo, 2014), and SB 53 (De León, 2014)
should any of those bills also become operative.
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
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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 Assembly Appropriations Committee:
Allows DOJ to charge a fee of up to $19 (assuming the
statutory consumer price index adjustment) for the actual
costs of assigning a distinguishing number.
Authorizes DOJ to charge a separate $5 fee to each person
issued a distinguishing number for the manufacture or assembly
of a gun.
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.
The fees provided for in this bill - $24 in total - will be
insufficient to cover the costs of this bill. 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 will 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
will 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.
SUPPORT : (Verified 8/27/14)
Brady Campaign to Prevent Gun Violence
Cities of Los Angeles and Santa Monica
Coalition Against Gun Violence
Los Angeles County Sherriff's Department
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Peace Officers Research Association of California
OPPOSITION : (Verified 8/27/14)
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
Shasta County Sheriff
The California Sportsman's Lobby
ARGUMENTS IN SUPPORT : According to the author's office:
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
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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
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 8/28/14 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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