BILL ANALYSIS                                                                                                                                                                                                    Ó




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                                   THIRD READING 


          Bill No:  AB 1674
          Author:   Santiago (D), et al.
          Amended:  5/31/16 in Assembly
          Vote:     21 

           SENATE PUBLIC SAFETY COMMITTEE:  5-2, 6/14/16
           AYES:  Hancock, Glazer, Leno, Liu, Monning
           NOES:  Anderson, Stone

           SENATE APPROPRIATIONS COMMITTEE:  5-2, 6/20/16
           AYES:  Lara, Beall, Hill, McGuire, Mendoza
           NOES:  Bates, Nielsen

           ASSEMBLY FLOOR:  44-33, 6/1/16 - See last page for vote

           SUBJECT:   Firearms:  transfers


          SOURCE:    Author


          DIGEST:  This bill prohibits any person from making an  
          application to purchase more than one firearm within any 30-day  
          period, as specified; and deletes from the existing prohibition  
          related to the purchase of more than one handgun in any 30-day  
          period an exemption for a private party transfer through a  
          licensed firearms dealer, as specified.




          ANALYSIS:  


          Existing law: 








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          1)Prohibits any person from making an application to purchase  
            more than one handgun within any 30-day period.  (Penal Code §  
            27535(a).)


          2)Exempts, in Penal Code Section 27535(b), 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  
               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 California  
               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 to present law  
               enforcement academy basic course or other commission-  
               certified training.


          3)Prohibits a handgun from being delivered when a licensed  
            firearms dealer is notified by the DOJ that within the  








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            preceding 30-day period the purchaser has made another  
            application to purchase a handgun and the purchase was not  
            exempted, as specified.  (Penal Code § 27540(f).)


          4)Provides, in Penal Code Sections 27590(e)(1)-(3), 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  
               of $50;
             b)   A second violation is an infraction punishable by a fine  
               of $100; and,
             c)   A third violation is a misdemeanor.  


          This bill:


          1)Prohibits any person from making an application to purchase  
            more than one long gun within any 30-day period.


          2)Deletes from the existing prohibition related to the purchase  
            of more than one handgun in any 30-day period an exemption for  
            a private party transfer through a licensed firearms dealer,  
            as specified.


          Background


          According to the Senate Public Safety Committee analysis of AB  
          202 (Knox, Chapter 128, Statutes of1999), which created the  
          one-handgun-a-month law in California:


            The State of Virginia enacted a "one-handgun-a-month" law in  
            1993 (before the Federal Brady Bill, which required at least a  
            five day waiting period plus a background check for states  
            without such requirements).  That state had weak restrictions  








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            on handgun sales and it has been stated that gun traffickers  
            from New York City routinely traveled to Virginia to purchase  
            quantities of weapons to take back for illegal sale in other  
            states.  Purchases of more than one handgun per 30-day period  
            in Virginia is allowed upon completion of an "enhanced"  
            background check when the purchase is for lawful business or  
            personal use, for purposes of collectors, bulk sales and  
            purchases from estates, to replace a lost or stolen weapon,  
            and similar situations.


            Supporters of limits on purchases of handguns assume that the  
            Virginia limits and the limits in this bill would only affect  
            a very small proportion of legitimate handgun purchasers.  A  
            family of two adults could still purchase 24 handguns a year  
            under the provisions of both this bill and the Virginia law.


          Virginia repealed this law in 2012.  But, according to the Law  
          Center to Prevent Gun Violence:


            Virginia's one-gun-a-month law - which was in effect from 1993  
            to 2012 and prohibited the purchase of more than one handgun  
            per person in any 30-day period - significantly reduced the  
            number of crime guns traced to Virginia dealers.  Virginia  
            initially adopted its law after the state became recognized as  
            a primary source of crime guns recovered in states in the  
            northeastern U.S. After the law's adoption, the odds of  
            tracing a gun originally acquired in the Southeast to a  
            Virginia gun dealer (as opposed to a dealer in a different  
            southeastern state) dropped by:


                 71% for guns recovered in New York;
                 72% for guns recovered in Massachusetts; and
                 66% for guns recovered in New Jersey, New York,  
               Connecticut, Rhode Island and Massachusetts combined. 


            (http://smartgunlaws.org/multiple-purchases-sales-of-firearms-p 
            olicy-summary/ [footnotes omitted].) 








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          Other states that have limits on the number of firearms that can  
          be sold in one month include: 


                 California: California law prohibits any person from  
               purchasing more than one handgun within any 30-day period.   
               In addition, a licensed firearms dealer may not deliver a  
               handgun to any person following notification from the  
               California Department of Justice that the purchaser has  
               applied to acquire a handgun within the preceding 30-day  
               period...

                 District of Columbia: A person may not register more  
               than one handgun in the District during any 30-day period.   
               Since every handgun must be registered, this amounts to a  
               purchase and sale limitation of one handgun per 30-day  
               period. . .

                 Maryland: Maryland prohibits any person from purchasing  
               more than one handgun or assault weapon within a 30-day  
               period.  Under limited circumstances, a person may be  
               approved by the Secretary of the Maryland State Police to  
               purchase multiple handguns or assault weapons in a 30-day  
               period.  Maryland also penalizes any dealer or other seller  
               who knowingly participates in an illegal purchase of a  
               handgun or assault weapon. . .

                 New Jersey: New Jersey prohibits licensed firearms  
               dealers from knowingly delivering more than one handgun to  
               any person within any 30-day period.  With limited  
               exceptions, no person may purchase more than one handgun  
               within any 30-day period.  New Jersey requires a handgun  
               purchaser to obtain a separate permit for each handgun  
               purchased, and present the permit to the seller.  The  
               seller must keep a copy of each permit presented. 


            (http://smartgunlaws.org/multiple-purchases-sales-of-firearms-p 
            olicy-summary/[footnotes omitted].)









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          FISCAL EFFECT:   Appropriation:    No          Fiscal  
          Com.:YesLocal:   Yes


          According to the Senate Appropriations Committee: 


           DOJ:  One-time costs of about $350,000 (Special Fund*) to  
            modify the various firearm databases impacted by this bill.  
            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  
            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 bill.


          SUPPORT:   (Verified6/21/16)


          California Academy of Family Physicians








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          California Chapters of the Brady Campaign to Prevent Gun  
          Violence
          City of Long Beach
          Coalition Against Gun Violence, A Santa Barbara County Coalition
          Courage Campaign
          Friends Committee on Legislation of California 
          Law Center to Prevent Gun Violence
          Rabbis Against Gun Violence
          San Francisco Bay Area Physicians for Social Responsibility
          Violence Prevention Coalition of Greater Los Angeles
          Women Against Gun Violence
          One individual


          OPPOSITION:   (Verified6/21/16)


          California Rifle and Pistol Association
          California Waterfowl Association
          Deputies of the Mono County Deputy Sheriff's Association
          Firearms Policy Coalition
          Glenn County Rangeland Association
          Gun Owners of California
          National Rifle Association of America
          National Shooting Sports Foundation   
          Peace Officers Research Association of California 
          Several individuals

          ARGUMENTS IN SUPPORT:     The California Chapters of the Brady  
          Campaign to Prevent Gun Violence state: 

            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,  
            shotguns, and lower receivers), 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  








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            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  
            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.   Department data also shows that when  
            multiple long guns are transferred in a sale, it is more than  
            twice as likely that lower receivers are included.   The  
            largest bulk sale of long guns in one month to an individual  
            (177 long guns) was composed entirely of lower receivers,  
            which can be built into illegal assault weapons and sold on  
            the black market.   

            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.  




          ARGUMENTS IN OPPOSITION:     According to the Firearms Policy  
          Coalition:

            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  








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            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  
            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.


          ASSEMBLY FLOOR:  44-33, 6/1/16
          AYES:  Alejo, Atkins, Baker, Bloom, Bonilla, Bonta, Brown,  
            Burke, Calderon, Campos, Chau, Chiu, Chu, Cooper, Dababneh,  
            Daly, Eggman, Cristina Garcia, Eduardo Garcia, Gatto, Gipson,  
            Gomez, Gonzalez, Gordon, Roger Hernández, Holden,  
            Jones-Sawyer, Levine, Lopez, Low, McCarty, Mullin, Nazarian,  
            O'Donnell, Quirk, Ridley-Thomas, Santiago, Mark Stone,  
            Thurmond, Ting, Weber, Williams, Wood, Rendon
          NOES:  Achadjian, Travis Allen, Arambula, Bigelow, Brough,  
            Chang, Chávez, Cooley, Dahle, Frazier, Beth Gaines, Gallagher,  
            Gray, Grove, Harper, Irwin, Jones, Kim, Lackey, Linder,  
            Maienschein, Mathis, Mayes, Medina, Melendez, Obernolte,  
            Olsen, Patterson, Salas, Steinorth, Wagner, Waldron, Wilk
          NO VOTE RECORDED:  Dodd, Hadley, Rodriguez

          Prepared by:Jessica  Devencenzi / PUB. S. / 
          6/22/16 15:15:15


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