BILL ANALYSIS Ó AB 1673 Page 1 Date of Hearing: April 13, 2016 ASSEMBLY COMMITTEE ON APPROPRIATIONS Lorena Gonzalez, Chair AB 1673 (Gipson) - As Amended March 29, 2016 ----------------------------------------------------------------- |Policy |Public Safety |Vote:|5 - 2 | |Committee: | | | | | | | | | | | | | | |-------------+-------------------------------+-----+-------------| | | | | | | | | | | | | | | | |-------------+-------------------------------+-----+-------------| | | | | | | | | | | | | | | | ----------------------------------------------------------------- Urgency: No State Mandated Local Program: YesReimbursable: No SUMMARY: This bill 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 AB 1673 Page 2 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. FISCAL EFFECT: Initial moderate DOJ cost in the range of $250,000 for each of the first two years, and $40,000 on every year thereafter (Dealers' Record of Sale Account). These cost include one-time cost for software programming, development and testing to register the new firearms. Current law requires DOJ to charge a dealer a fee for every firearm purchased. COMMENTS: 1)Current law: a) Federal law requires licensed importers and manufacturers to identify each gun imported or manufactured by using the serial number engraved or cast on the receiver or frame. b) The U.S. Undetectable Firearms Act of 1988 makes it illegal to manufacture, import, sell, possess, or receive any gun that is not as detectable by walk-through metal detection by containing at least 3.7 oz. of steel, or any gun with major components that do not generate an accurate image before standard airport imaging technology. c) Allows the state DOJ, upon request, to assign a distinguishing number or mark to any gun that lacks a manufacturer's number or other mark of identification, or if the manufacturer's number or other mark of identification, or a distinguishing number or mark assigned by the department has been destroyed. AB 1673 Page 3 d) Requires that firearms dealers obtain certain identifying information from firearms purchasers and forward that information, via electronic transfer to the DOJ to perform a background check on the purchaser to determine whether he or she is prohibited from possessing a firearm e) Requires purchasers to present a handgun safety certificate prior to the submission of DROS information for a firearm, or provide the dealer with proof of exemption f) Makes it a misdemeanor, with exceptions, to buy, receive, sell, or possess a gun that has had the name of the maker or model, or the manufacturer's number or other mark of identification altered, or obliterated. There are no provisions in existing law, however, which prevent a person from buying an 80% lower receiver and then making it into a fully functional firearm. 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." 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. Additionally, according to the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) "firearms that began as receiver blanks have been recovered after shooting incidents, from gang members and from prohibited people after they have been used to commit crimes." 2)Purpose. According to the author, AB 1673 will close a dangerous loophole that allows anyone to sell, trade and manufacture in partial-completion the only part of a firearm that is subject to serial-number identification and registration. Unfinished receivers and frames will be treated the same way a finished receiver is treated, and require AB 1673 Page 4 background checks in order to be sold, prohibit them from the possession of the mentally ill and convicted felons, and require mandatory serial number application. 3)Support: According to the California Chapters of the Brady Campaign, "Although existing California law requires background checks and the retention of transfer records, people have found that they can avoid these requirements and other California gun laws by creating and marketing partially complete or "80 percent" lower receivers or frames. According to media reports and law enforcement, there is a growing number of firearms assembled from partially complete receivers and fames and these firearms are increasingly used in crime. AB 1673 will address this problem. "A person with a drill press can easily drill the necessary holes to complete the receiver or frame and advances in 3D printing technology is increasing the availability of unfinished lower receivers and frames. Firearms assembled from these partially complete lower receivers and frames are untraceable for law enforcement." 4)Opposition. According to the Firearms Policy Coalition, "AB 1673 would change the definition of a firearm to include things that are not firearms. "In order to comply with AB 1673, non-firearm firearms would need to be taken to and transferred through a licensed (real) firearms dealer. These 'readily convertible' pieces of plastic, wood, aluminum, iron, or steel would then need to be entered into the California Department of Justice (DOJ) Dealer's Record of Sale Entry System (DROS DES) in order to provide the DOJ with the information required to register the non-firearm with the state. (Can you imagine what the DOJ's DROS DES technical support logs will look like after AB 1673?) "Unfortunately for Assemblymember Gipson, the DOJ's systems are designed for actual firearms. AB 1673 would necessitate the promulgation of new regulations as well as costly AB 1673 Page 5 modifications to DOJ's many systems and databases. (While the cost of doing as much would certainly be substantial, California would at least have bragging rights to the first non-firearm firearm database in the known history of the world.) "Adding insult to injury, following the entry of the non-firearm firearm into the DROS system, the non-firearm firearm owner would then be required to wait at least 10 days (and up to 30) to take possession of their non-firearm firearm from the transferring dealer. "And should the non-firearm firearm owner ever be found or thought to be prohibited from firearm possession, the person would be placed into the DOJ's failed Armed Prohibited Persons system so DOJ agents or local law enforcement could confiscate the non-firearm firearm." 5)Related Legislation: SB 1407 (De Leon), requires a person who manufactures or assembles a firearm to first apply to the DOJ for a unique serial number or other identifying mark; requires any person who owns a firearm that does not bear a serial number to likewise apply to the department for a unique serial number or other mark of identification; prohibits the sale or transfer of ownership of a firearm manufactured or assembled pursuant to these provisions; and prohibits a person from aiding in the manufacture or assembly of a firearm by a person who is prohibited from possessing a firearm. SB 1407 has been referred to Senate Rules Committee for further assignment. 6)Prior Legislation: SB 808 (De Leon) of the 2013-2014 legislative session, required a person, commencing January 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. The Governor vetoed the bill with the following message: "I am returning Senate Bill 808 without my signature. AB 1673 Page 6 "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." Analysis Prepared by:Pedro Reyes / APPR. / (916) 319-2081