BILL ANALYSIS Ó
AB 1674
Page 1
Date of Hearing: March 1, 2016
Chief Counsel: Gregory Pagan
ASSEMBLY COMMITTEE ON PUBLIC SAFETY
Bill Quirk, Chair
AB
1674 (Santiago) - As Introduced January 19, 2016
SUMMARY: Prohibits any person from making an application to
purchase more than one long gun within any 30-day period,
deletes from the existing prohibition related to the purchase of
more than one handgun in any 30-day period an exemption for a
private part transfer through a licensed firearms dealer, and
makes other conforming changes. Specifically, this bill:
EXISTING LAW:
1)Prohibits any person from making an application to purchase
more than one handgun within any 30-day period. (Pen. Code, §
27535, subd. (a).)
2)Exempts from the above 30-day prohibition any of the
following:
a) Any law enforcement agency;
b) Any agency duly authorized to perform law enforcement
duties;
c) Any state or local correctional facility;
d) Any private security company licensed to do business in
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California;
e) Any person who is a peace officer, as specified, and is
authorized to carry a firearm in the course and scope of
employment;
f) Any motion picture, television, video production company
or entertainment or theatrical company whose production by
its nature involves a firearm;
g) Any authorized representative of a law enforcement
agency, or a federally licensed firearms importer or
manufacturer;
h) Any private party transaction conducted through a
licensed firearms dealer;
i) Any person who is a licensed collector and has a current
certificate of eligibility issued by the Department of
Justice (DOJ);
j) The exchange, replacement, or return of a handgun to a
licensed dealer within the 30-day period; and,
aa) A community college that is certified by the Commission
on Peace Officer Standards and Training (POST) to present
law enforcement academy basic course or other commission-
certified training. (Pen. Code, § 27535, subd. (b).)
3)Prohibits a handgun from being delivered when a licensed
firearms dealer is notified by the DOJ that within the
preceding 30-day period the purchaser has made another
application to purchase a handgun and the purchase was not
exempted, as specified. (Pen. Code, § 27540, subd. (f).
4)Provides that the penalties for making more than one
application to purchase a handgun within any 30-day period is
as follows:
a) A first violation is an infraction punishable by a fine
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of fifty dollars ($50);
b) A second violation is an infraction punishable by a fine
of one hundred ($100); and,
c) A third violation is a misdemeanor. (Pen. Code, §
27590, subd. (e)(1)-(3).)
FISCAL EFFECT: Unknown
COMMENTS:
1)Author's Statement: According to the author, "Historically,
policymakers have believed that the bulk of gun violence has
been perpetuated by handguns. Absent any data collection and
analysis to the contrary, this perception has held for several
decades, and has resulted in current law in California which
limits new handgun purchases to one per month per person.
"Recent data collection efforts in the state and elsewhere have
begun to refute this theory, however. In fact, examining
forensic data collected from the mass shootings that have
occurred in the United States throughout the last 30 years,
shows that 72 (exactly half) of the weapons used in those
crimes were long guns: rifles, shotguns, and semi-automatic
versions thereof. Of the 11 mass shootings in California,
nearly the same is true: 12 long guns were used along with 16
handguns.
"It should be noted that in mass shooting cases, analysis shows
that nearly 80% of shooters (including those in San
Bernardino) obtained their guns legally.
"Long guns are a significant piece of California's gun
trafficking problem, as well. Over the past ten years,
Californians have typically purchased more long guns than
handguns, including 538,149 guns in 2013. Of the 26,682 crime
guns entered into the California Department of Justice's (DOJ)
Automated Firearms Systems (AFS) database in 2009, 11,500 were
long guns. Furthermore, DOJ has found that half the illegal
firearms recovered from prohibited persons are long guns.
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"A 2007 University of Pennsylvania report to the National
Institute of Justice found that a quarter of all guns used in
crime were purchased as part of a multi-gun sale and that guns
purchased in bulk were up to 64% more likely to be used for
illegal purposes than guns purchased individually.
"Reducing gun violence is an issue that is of vital importance
to me. In April 2014, one person purchased 144 long guns in
California in one single transaction. It is mind boggling
that a person (no matter their intentions) could purchase as
many rifles or shotguns they want at any given time. It is
past time for us to treat long guns the same as handguns -
they hold equal powers of destruction and create major
problems for law enforcement, and society in general, when
they fall into the wrong hands.
"AB 1674 will limit purchases of guns to one per month. This
includes both purchases of used guns and new long guns. With
data showing compelling evidence that long guns are used in
crimes at similar rates to handguns, they should be treated no
differently. In fact, California already maintains parity
between these types of guns in both background checks and sale
records. AB 1674 takes the remaining step by creating parity
in purchase limitations."
2)Argument in Support: The California Chapters of the Brady
Campaign to Prevent Gun Violence states, " In 1999,
legislation (AB 202) was enacted that limits purchases of
handguns from licensed firearms dealers in California to no
more than one per person per month. AB 202 provided a number
of exemptions, including private party transactions. The
purpose of the bill was to curb the illegal flow of handguns
by taking the profit out of selling guns from bulk purchases
on the black market. AB 1674 applies existing law under AB 202
to all firearms, including long guns (rifles and shotguns),
and removes the exemption for private party transfers. Under
AB 1674, firearms will not be delivered whenever the dealer is
notified by the Department of Justice that within the
preceding 30-day period the purchaser had made another
application to purchase a firearm.
"It stands to reason that a person buying large quantities of
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guns at one time may be acting as a straw purchaser or gun
trafficker. Moreover, firearms acquired this way are
frequently used in crime. In fact, an ATF study of tracing
data demonstrated that 22% of all handguns recovered in crime
in 1999 were originally purchased as part of a multiple sale.
A similar study found that 20% of all handguns recovered in
crime in 2000 were originally purchased as part of a multiple
sale Additionally, a University of Pennsylvania report found
that a quarter of all guns used in crime were purchased as
part of a multiple-gun sale and that guns purchased in bulk
were up to 64% more likely to be used for illegal purposes
than guns purchased individually.
"The California Brady Campaign believes that handguns and long
guns should be subject to the same laws. Sixteen years ago, it
was thought that handguns made up an overwhelming share of
crime guns, but the data shows that is no longer the case. Of
the 26,682 crime guns entered into the Department of Justice's
Automated Firearms Systems database in 2009, 11,500 were long
guns. Additionally, DOJ has found that over the last three
fiscal years, nearly half the illegal firearms recovered from
prohibited persons through the Armed Prohibited Persons System
are long guns.
"Over the past ten years, Californians have annually purchased
more long guns than handguns, including 534,469 long guns in
2013. These long guns include legal weapons that have
military-style features and a mechanism, such as a bullet
button, to allow for the rapid exchange of magazines and lower
receivers, which can be assembled into military-style weapons.
Limiting multiple-gun sales within a short period of time for
such weapons, which are more lethal than handguns, is clearly
in the interest of public safety.
"The Department of Justice began to retain records of long gun
purchases on January 1, 2014. An analysis of the transaction
data from the period January 2014 through June 2015 shows that
81.9% of long guns were sold as a single long gun purchase
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within a 30-day period. Clearly, the vast majority of long gun
purchasers will not be impacted by AB 1674. However at the
opposite end of the spectrum, an individual purchased 177 long
guns in two transactions within a one month period (April
2014). Furthermore, sales to single individuals ranging from 5
to 54 long guns per month occurred on 1,787 occasions,
totaling 12,090 guns.
"Preventing the flow of illegal guns is important to public
safety regardless of whether the firearm is a handgun or long
gun, or purchased new from a dealer or through a private party
transaction. Limiting firearms sales to one gun per month is a
recognized strategy to reduce gun trafficking and keep
firearms out of dangerous hands. The California Brady Campaign
Chapters stand in strong support of AB 1674 and thank you for
introducing this important measure."
3)Argument in Opposition: The Firearms Policy Coalition argues,
"AB 1674 seeks to limit, chill, and, and ration a fundamental,
individual right by making it a crime to even apply for the
otherwise lawful purchase of a constitutionally-protected
firearm more than once every thirty days.
"As the shooting sports experience historic growth form
participation by more and more law-abiding people across all
social, racial, gender, and financial lines, Assemblymember
Santiago would respond by creating an artificial market cap on
the very instruments protected by the Second Amendment to the
United States Constitution.
"In spite of a total lack of controlling regulations on the
possession, transfer, and use of firearms in the production of
movies and television, Hollywood, however, would be exempt
from this scheme, leaving only "regular citizens" to comply
with AB 1674.
"AB 1674 would additionally ban the timely, lawful transfer of
private property between individuals (through licensed firearm
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dealers, no less) by eliminating the ability for a law-abiding
California gun owner to sell, trade, or loan their firearms if
the intended buyer or transferee has already initiated any
kind of acquisition within the past 30 days.
"The Second Amendment is not a second-class right and
California's law-abiding residents are not second-class
people. AB 1674 must be rejected for its moral and policy
flaws if not for its blatant constitutional infirmities."
4)Prior Legislation:
a) AB 202 (Knox), Chapter 128, Statutes of 1999, prohibited
any person from applying for more than one concealable
firearm within a 30-day period, and prohibits the delivery
to any person who has made an application to purchase more
than one concealable firearm within 30 days.
b) AB 532 (Knox) of the 1997-98 Legislative Session would
have made it a misdemeanor to take title to more than one
concealable firearm in a 30-day period. In addition, AB
532 would have made it an alternate felony/misdemeanor for
a dealer to deliver a handgun after being notified that a
person was attempting to take title to more than one
handgun in a 30-day period. AB 532 failed passage on the
Assembly floor.
REGISTERED SUPPORT / OPPOSITION:
Support
California Chapters of the Brady Campaign to Prevent Gun
Violence
Law Center to Prevent Gun Violence
Coalition Against Gun Violence
Women Against Gun Violence
Youth Alive
Opposition
AB 1674
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National Rifle Association
National Shooting Sports Foundation, Inc.
Firearms Policy Coalition
Gun Owners of California
Analysis Prepared
by: Gregory Pagan / PUB. S. / (916) 319-3744