BILL ANALYSIS Ó
SENATE COMMITTEE ON APPROPRIATIONS
Senator Ricardo Lara, Chair
2015 - 2016 Regular Session
AB 1674 (Santiago) - Firearms: purchases
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|Version: May 31, 2016 |Policy Vote: PUB. S. 5 - 2 |
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|Urgency: No |Mandate: Yes |
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|Hearing Date: June 20, 2016 |Consultant: Jolie Onodera |
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This bill meets the criteria for referral to the Suspense File.
Bill
Summary: AB 1674 would extend the existing prohibition on the
application to purchase more than one handgun within any 30-day
period to the purchase of any firearm (handgun or long gun).
This bill would delete the existing exemption for private party
transactions through a licensed firearms dealer and instead
exempt from that prohibition the transfer of a firearm conducted
through a licensed firearms dealer if the firearm is being
transferred by bequest or intestate succession.
Fiscal
Impact:
Department of Justice (DOJ) : One-time costs of about $350,000
(Special Fund*) to modify the various firearm databases
impacted by this measure. Ongoing costs are estimated to be
less than $10,000 (Special Fund*) annually.
Firearm purchase violations : Potential non-reimbursable local
costs (Local Funds) for enforcement and incarceration offset
to a degree by fine revenue for infraction and misdemeanor
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violations of the prohibition on purchasing more than one
firearm within any 30-day period.
Sales tax revenue : Unknown, potentially significant loss of
sales tax revenue (General Fund) due to the expansion of the
30-day single purchase restriction to include all firearms,
including long guns.
*Dealers' Record of Sale (DROS) Account - Staff notes the DROS
Account is structurally imbalanced, with an estimated reserve
balance of less than $1 million by year-end FY 2016-17. Current
revenues to the DROS Account are potentially insufficient to
cover the costs of this bill in conjunction with the numerous
other legislative measures requiring funding from the DROS
Account, should they be enacted. As a result, an appropriation
from an alternate fund source, potentially the General Fund, may
be required to support the costs of this measure.
Background: Existing law prohibits any person from making an application
to purchase more than one handgun within any 30-day period.
(Penal Code (PC) § 27535 (a).) However, existing law provides
for numerous exemptions from the 30-day purchase prohibition, as
follows:
Any law enforcement agency.
Any agency duly authorized to perform law enforcement
duties.
Any state or local correctional facility.
Any private security company licensed to do business in
California.
Any person who is properly identified as a full-time
paid peace officer, as defined, and who is authorized to,
and does, carry a firearm during the course and scope of
employment as a peace officer.
Any motion picture, television, or video production
company or entertainment or theatrical company whose
production by its nature involves the use of a firearm.
Any person who may claim an exemption from the waiting
period set forth in PC § 27540.
Any transaction conducted through a licensed firearms
dealer.
Any person who is licensed as a collector and the
regulations issued pursuant thereto, and has a current
certificate of eligibility issued by the DOJ.
The exchange of a handgun where the dealer purchased
that firearm from the person seeking the exchange within
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the 30-day period immediately preceding the date of
exchange or replacement.
The replacement of a handgun when the person's handgun
was lost or stolen, and the person reported that firearm
lost or stolen prior to the completion of the application
to purchase to any local law enforcement agency of the
city, county, or city and county in which the person
resides.
The return of any handgun to its owner.
A community college that is certified by the Commission
on Peace Officer Standards and Training to present the law
enforcement academy basic course or other
commission-certified law enforcement training. (PC § 27535
(b).)
Existing law provides for the following penalties for making
more than one application to purchase a handgun within any
30-day period:
A first violation is an infraction punishable by a fine
of $50.
A second violation is an infraction punishable by a fine
of $100.
A third or subsequent violation is a misdemeanor.
Under existing law, each application to purchase a handgun in
violation of the 30-day purchase prohibition is deemed a
separate offense. (PC § 27590(e)(1)-(4).)
Proposed Law:
This bill would extend the existing prohibition on the
application to purchase more than one handgun within any 30-day
period to the purchase of any firearm (handgun or long gun)
within any 30-day period. Additionally, this bill:
Deletes the existing exemption from the 30-day purchase
prohibition for any transaction conducted through a
licensed firearms dealer.
Adds an exemption from the 30-day purchase prohibition
for the transfer of a firearm conducted through a licensed
firearms dealer if both of the following conditions apply:
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o The transferor is an executor or administrator
of an estate.
o The transferee is a person acquiring ownership
of the firearm by bequest or intestate succession from
the estate.
Makes additional conforming changes and technical,
non-substantive changes.
Prior Legislation: AB 202 (Knox), Chapter 128/1999 prohibited
any person from applying for more than one concealable firearm
within a 30-day period, and prohibited the delivery to any
person who has made an application to purchase more than one
concealable firearm within 30 days.
AB 532 (Knox) 1997 would have made it a misdemeanor to take
title to more than one concealable firearm in a 30-day period.
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.
Staff Comments: The DOJ has indicated one-time costs of about
$350,000 to modify the various firearm databases impacted by
this measure. Ongoing costs are estimated to be less than
$10,000 annually. All costs would be funded through the DROS
Account, however, staff notes the DROS Account is structurally
imbalanced with an estimated reserve balance of less than $1
million by year-end FY 2016-17. Current revenues to the DROS
Account are potentially insufficient to cover the costs of this
bill in conjunction with the numerous other legislative measures
requiring funding from the DROS Account, should they be enacted.
As a result, an appropriation from an alternate fund source,
potentially the General Fund, may be required to support the
costs of this measure.
To the extent the provisions of this bill have the effect of
reducing the number of firearms sold due to the purchase
restriction of no more than one firearm (handgun or long gun)
within any 30-day period, there would be an impact to both local
and state sales tax revenues. The impact to sales tax revenue
cannot be estimated with certainty and would be dependent on
numerous factors including but not limited to the purchasing
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decisions of consumers and the potential marketing response by
retailers.
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