BILL ANALYSIS Ó HR 52 Page 1 Date of Hearing: May 24, 2016 Counsel: Stella Choe ASSEMBLY COMMITTEE ON PUBLIC SAFETY Reginald Byron Jones-Sawyer, Sr., Chair HR 52 (Rendon and Gipson) - As Introduced May 17, 2016 As Proposed to be Amended in Committee SUMMARY: Recognizes June 2, 2016 as National Gun Violence Awareness Day. Specifically, this resolution: 1)Makes the following legislative findings: a) Death and injury arising from firearm violence by suicide, homicide, and unintentional shootings constitute a tragic and substantial burden upon the citizens of the United States and public health in the United States; b) According to data from the federal Centers for Disease Control and Prevention, in the United States approximately 81,300 nonfatal injuries and 31,672 deaths involving guns occur every year. That is about 308 shootings and 86 deaths every day, with about 13 shootings and 4 deaths per hour; c) Between 2005 and 2015, 71 Americans were killed in terrorist attacks on United States soil, whereas 301,797 were killed by gun violence during the same period; d) Mass shootings draw widespread attention to firearm HR 52 Page 2 violence from the media, the public, and policymakers but account for less than 2 percent of the United States firearm-related deaths that occur each year; e) Patterns of injury and death from firearms differ according to factors including age, gender, sexual orientation, ethnicity, geographic region, educational level, employment status, and social class; f) In order to be developmentally and culturally appropriate to relevant aspects of diversity, public policy and prevention strategies must attend to the different relative risks, occurrences, and contexts across groups; g) In 2015, at least 756 American children were killed by gunfire; h) Young African American males living in impoverished urban communities bear the greatest risk of homicide by firearms, with African Americans almost eight times as likely as Caucasians to be homicide victims; i) Women are disproportionately more likely to be the victims of firearm violence by an intimate partner as domestic violence assaults in which firearms are used 12 times more likely to result in death than domestic violence assaults in which firearms are not used; j) Firearms are the most frequent means of suicide among older adult Caucasian men and contribute to their very high suicide rate. Across the United States, suicides account for nearly two-thirds of all gun death; aa) Gun homicide is the second leading cause of death among Asian American youth in California; bb) 100,000 students carry a gun to school each day; cc) African Americans die due to gun violence at a rate of 19.4 per 100,000, Hispanics at 5.3 per 100,000, and Caucasians at a rate of 2.5 per 100,000; HR 52 Page 3 dd) It is imperative that there be greater public awareness of this serious issue and that more is done to increase public awareness at the local, state, and national levels; ee) As with motor vehicles, toxic household products, tobacco, and other products with inherent risks whose harms to the public health have been significantly reduced, firearms pose inherent risks that have been identified and can be addressed through a public health approach; and ff) This resolution seeks to inspire a necessary discussion in our communities about resources to reduce gun violence and improve our state's programs in prevention, intervention, education, and outreach. 2)States that it is resolved by the Assembly of the State of California, that the Assembly recognizes June 2, 2016, as National Gun Violence Awareness Day. 3)States that it is resolved that the Assembly commends the work of the Wear Orange Campaign, the American Psychological Association, the Brady Campaign to Prevent Gun Violence, and other organizations working to raise awareness about gun violence across America. 4)States that it is resolved that the Assembly encourages research, public health programs, and public policy to address the full breadth of firearm fatalities and injuries. 5)States that it is resolved that the Assembly encourages the further development and evaluation of policy interventions for firearm violence across the full life span of firearms, from design and manufacture to use. EXISTING LAW: 1)States the legislative finding that the United States leads the industrialized world in the rates of children and youth lost to unintentional, firearms-related deaths. (Pen. Code, § 23625, sub. (b).) 2)Contains legislative findings and declarations that the HR 52 Page 4 proliferation and use of assault and .50 BMG rifles poses a threat to the health, safety, and security of all citizens of California. (Pen. Code § 30505.) FISCAL EFFECT: Unknown COMMENTS: 1)Author's Statement: According to the author, "National Gun Violence Awareness Day was started in 2015 on what would have been the 18th birthday of Hadiya Pendleton, a high school student from Chicago who was shot and killed in 2013 just one week after performing at President Barack Obama's second inauguration. "None of us are immune from the tragedies that guns deliver every day in communities throughout our state. We as policymakers have a responsibility to not only raise awareness, but also pursue legislation that directly addresses the devastating consequences of gun violence." 2)Recent Gun Violence Statistics: According to Gun Violence Archive, a not-for-profit corporation formed in 2013 to provide free online public access to information about gun-related violence in the United States, there were 53,241 incidents of gun violence in 2015 and 13,419 deaths. As of May 2016, the website has reported 19,722 incidents of gun violence and 4,996 deaths. (See www.gunviolencearchive.org for full statistics.) The frequency of mass shootings in the United States has increased since 2011, according to researchers from Harvard School of Public Health. Between 1982 and late 2011, mass shootings occurred about every 200 days. After September 2011, the rate of mass shootings increased to about once every 64 days. And in the previous three years, the rate of mass shootings had tripled. (< http://www.forbes.com/sites/dandiamond/2015/06/18/charleston- deaths-are-an-american-tragedy-mass-shootings-are-rising/#2d12b b267b9f > (as of May 20, 2016). 3)Related Legislation: HR 52 Page 5 a) AB 156 (McCarty) creates a new regulatory framework for the sale and purchase of ammunition in California. AB 156 passed on the Senate Floor has been ordered to the Assembly. b) AB 857 (Cooper) requires a person who manufactures or assembles a firearm to first apply to the Department of Justice for a unique serial number or other identifying mark, as provided. AB 857 passed on the Senate Floor and has been ordered to the Assembly. c) AB 1511 (Santiago and Chiu) limits the infrequent loan provisions to a loan to a spouse, registered domestic partner, or any of the following relations, whether by consanguinity, adoption, or steprelation: parent, child, sibling, grandparent or grandchild. AB 1511 passed on the Senate Floor and has been ordered to the Assembly. d) AB 1663 (Chiu) amends the definition of an assault weapon as it pertains to rifles and defines "detachable magazines" and "fixed magazines". AB 1663 is pending hearing in the Assembly Committee on Appropriations. e) AB 1664 (Levine) redefines what constitutes an assault weapon in order to close the bullet button loophole. AB 1664 is pending hearing in the Assembly Committee on Appropriations. f) AB 1673 (Gipson) expands the definition of "firearm" to include the frame or receiver of the weapon or a frame or receiver "blank," "casting" or "machined body" that is designed and clearly identifiable as a component of a functional weapon, from which is expelled through a barrel, a projectile by the force of an explosion or other form of combustion. AB 1673 is pending hearing in the Assembly Committee on Appropriations. g) AB 1674 (Santiago) prohibits any person from making an application to purchase more than one long gun within any 30-day period, and repeals the private party transaction exemption to the prohibition related to the purchase of HR 52 Page 6 more than one handgun in any 30-day period. AB 1674 is pending hearing in the Assembly Committee on Appropriations. h) AB 1695 (Bonta) requires the Department of Justice to send a letter to each firearm purchaser during the 10-day waiting period informing the purchaser of laws relating to firearms and creates a misdemeanor to falsely report to law enforcement that a firearm has been lost or stolen, and institutes a 10-year ban on owning a firearm for those convicted of making a false report. AB 1695 is pending hearing in the Assembly Committee on Appropriations. i) AB 2607 (Ting) expands the individuals who are eligible to petition for a gun violence restraining order to include an employer, a coworker, or a mental health worker. AB 2607 is pending vote on the Assembly Floor. REGISTERED SUPPORT / OPPOSITION: Support None received Opposition Gun Owners of California National Rifle Association Analysis Prepared by: Stella Choe / PUB. S. / (916) 319-3744 HR 52 Page 7