BILL ANALYSIS Ó
AB 857
Page A
CONCURRENCE IN SENATE AMENDMENTS
AB
857 (Cooper)
As Amended May 11, 2016
Majority vote
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|ASSEMBLY: |80-0 |(June 1, 2015) |SENATE: |24-14 |(May 19, 2016) |
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Original Committee Reference: PUB. S.
SUMMARY: Requires a person, commencing July 1, 2018, 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, as specified; and
requires by January 1, 2019, any person who, as of July 1, 2018,
owns a firearm that does not bear a serial number assigned to it
to obtain a unique serial number or other mark of identification
prior to manufacturing or assembling a firearm, as specified.
The Senate amendments delete the Assembly version of the bill,
and instead:
1)Define "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."
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2)Require, commencing July 1, 2018, any person who manufactures
or assembles a firearm to:
a) Apply to the DOJ for a unique serial number or other
mark of identification, as specified;
b) Within ten days of manufacturing or assembling the
firearm, to engrave or permanently affix the unique serial
number or other mark to that firearm, as specified; and,
c) Notify the DOJ once the serial number or other mark is
affixed to the firearm, as specified.
3)State that by January 1, 2019, any person who, as of July 1,
2018, owns a firearm that does not bear a serial number, as
specified, must:
a) Apply to the DOJ for a unique serial number or other
mark of identification, as specified.
b) Within 10 days of manufacturing or assembling the
firearm, to engrave or permanently affix the unique serial
number or other mark to that firearm, as specified; and,
c) Notify the DOJ once the serial number or other mark is
affixed to the firearm, as specified.
4)Specify, prior to the DOJ providing the person with a unique
serial number or other mark, the person must:
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a) Present proof that the applicant is not prohibited by
state or federal law;
b) Present proof of age and identity. The applicant must
be 18 years of age or older to obtain a unique serial
number or mark of identification for a firearm that is not
a handgun, and must be 21 years of age or older to obtain a
unique serial number or mark of identification for a
handgun;
c) Provide a description of the firearm that he or she owns
or intends to manufacture or assemble, in a manner
prescribed by the department; and
d) Have a valid firearm safety certificate or handgun
safety certificate.
5)Prohibit the sale or transfer of ownership of a firearm
manufactured or assembled pursuant to the provisions of this
legislation, but allows for the transfer, surrender, or sale
of a firearm to a law enforcement agency, as specified.
6)Exempt the following from the provisions of this legislation:
a) A firearm that has a serial number assigned, as
specified.
b) A firearm made or assembled prior to December 16, 1968,
that is not a handgun.
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c) A firearm which was entered into the centralized
registry, as specified, prior to July 1, 2018, as being
owned by a specific individual or entity if that firearm
has assigned to it a distinguishing number or mark of
identification to that firearm by virtue of the department
accepting entry of that firearm into the centralized
registry.
d) An antique firearm, as specified.
7)Provide that 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.
8)Require 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.
9)Require DOJ to maintain and make available upon request
information concerning both of the following:
a) The number of serial numbers issued, as specified; and,
b) The number of arrests for violations of Section 29180.
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10)Allow 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.
AS PASSED BY THE ASSEMBLY, this bill, after 2018,
re-established the priorities of the California Clean Truck,
Bus, and Off-Road Vehicle and Equipment Technology Program
(Technology Program) by providing that no less than 50% (or $100
million, whichever is greater) of program funds go to certain
heavy-duty trucks that meet specified emissions standards.
FISCAL EFFECT: According to the Senate Appropriations
Committee:
1)One-time costs of $75,000 (Special Fund*) for the DOJ to
promulgate regulations.
2)One-time costs to DOJ in the range of $2 million (Special
Fund*) for enhancements to various automation systems. Costs
include staffing, overtime, external consultants, and software
development. Ongoing costs for storage, updates and
maintenance are estimated to be in the hundreds of thousands
of dollars annually. Start-up costs to DOJ of $365,000
(Special Fund*) to process and verify an estimated 15,000
applications to register 30,000 firearms. Annual costs in the
range of $100,000 (Special Fund*) for ongoing administration
of the program to process an estimated 1,000 applications to
register 2,000 firearms, verify required information, assign
serial numbers, and input data. The $25 fee per application
would cover start-up costs but would not sustain the ongoing
costs of the program (1,000 applications would only generate
$25,000 in fee revenue).
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3)Non-reimbursable local enforcement costs (Local Funds) offset
to a degree by fine revenue to the extent violations of the
new registration requirements occur.
4)Potential court-related costs (General Fund**) for new
misdemeanor filings.
5)While the impact of this bill independently on local jails is
likely to be minor, the cumulative effect of expanded
misdemeanors could create General Fund cost pressure on
capital outlay, staffing, programming, the courts, and other
resources in the context of criminal justice realignment.
*Dealers Record of Sale (DROS) Account - Senate Appropriations
Committee Staff notes the DROS Account is structurally
imbalanced, with an estimated year-end fund balance of less than
$1 million in FY 2016-17. As a result, an appropriation from
another fund source, potentially the General Fund, would be
required to support the activities required by this bill.
**Trial Court Trust Fund
COMMENTS:
1)Author's Statement: According to the Author, "Many homemade,
or personally manufactured, firearms have no serial number;
therefore have no record of existence. New technology makes
it very easy to manufacture untraceable firearms and has
created a public safety concern. These untraceable firearms
are showing up at crime scenes, are found in the hands and
violent criminals and criminal organizations are now in the
business of manufacturing these guns for criminal activity and
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profit. Furthermore, when a law abiding citizen has one of
these guns stolen it is not recoverable by law enforcement
because it is untraceable. AB 857 will be an important step
forward in holding criminals accountable and protecting the
property of citizens who make these firearms."
2) Effect of This Legislation: This bill would require any
person who manufactures or assembles a firearm to first obtain
a serial number from the DOJ and demonstrate that he or she is
not prohibited from owning firearms. Specifically, any person
who manufactures or assembles a firearm will be required to:
a) Obtain a unique serial number or other mark from the
Department of Justice prior to making or assembling a
firearm;
b) Within 10 days of making or assembling to engrave or
permanently affix the unique serial number or other mark to
the firearm; and,
c) Notify the Department of Justice once the serial number
or other mark is affixed to the firearm.
Prior to the DOJ providing the person with a unique serial
number or other mark, the person must:
a) Present proof the applicant is not prohibited by state
or federal law.
b) Present proof of age and identity. The applicant must
be 18 years of age or older to obtain a unique serial
number or mark of identification for a firearm that is not
a handgun, and must be 21 years of age or older to obtain a
unique serial number or mark of identification for a
handgun.
c) Provide a description of the firearm that he or she owns
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or intends to manufacture or assemble, in a manner
prescribed by the department.
d) Have a valid firearm safety certificate or handgun
safety certificate.
There are no provisions in existing law that prevent a person
from buying an 80% lower receiver<1> and then making it into a
fully functional firearm. 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, this
bill will help to close this loophole.
3)Santa Monica Shooting: 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
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
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<1>
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.)
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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 10
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 to complete
the weapon. (Citations Omitted.)
4)Senate Bill 808 Veto Message: In 2014, the Governor
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vetoed a virtually identical piece of legislation, SB 808
(De León), stating:
"I am returning Senate Bill 808 without my signature.
"SB 808 would require individuals who build guns at home to
first obtain a serial number and register the weapon with
the Department of Justice.
"I appreciate the author's concerns about gun violence, but
I can't see how adding a serial number to a homemade gun
would significantly advance public safety."
This bill was substantially amended in the Senate, and the
Assembly-approved version of this bill was deleted. This bill,
as amended in the Senate, is inconsistent with Assembly actions
and the provisions of this bill, as amended in the Senate, have
not been heard in the Assembly policy committee.
Analysis Prepared by:
Gabriel Caswell / PUB. S. / (916) 319-3744 FN:
3480