BILL ANALYSIS Ó
AB 1695
Page 1
Date of Hearing: March 15, 2016
Counsel: Gabriel Caswell
ASSEMBLY COMMITTEE ON PUBLIC SAFETY
Reginald Byron Jones-Sawyer, Sr., Chair
AB
1695 (Bonta) - As Introduced January 21, 2016
SUMMARY: Requires the Department of Justice (DOJ) to send a
letter to each firearm purchaser during the 10-day waiting
period informing the purchaser of laws relating to firearms and
creates a misdemeanor to falsely report to law enforcement that
a firearm has been lost or stolen, and institutes a 10-year ban
on owning a firearm for those convicted of making a false
report. Specifically, this bill:
1)Requires the Attorney General to send a letter notice to each
individual who has applied to purchase a firearm informing him
or her of laws relating to firearms, gun trafficking, and safe
storage, as provided. Allows the Department of Justice (DOJ)
to use funds in the Firearms Safety and Enforcement Special
Fund, which is continuously appropriated, to pay for the cost
of administering this provision, thereby making an
appropriation.
2)Creates a misdemeanor to make a false report to law
enforcement that a firearm has been lost or stolen, knowing
that report to be false.
a) Creates a 10-year ban on owning a firearm following a
conviction of this provision.
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b) Possession of a firearm in violation of the 10-year ban
is punishable as a misdemeanor.
3)Defines "firearm" for these purposes of a lost or stolen
firearm to include the frame or receiver of the weapon, and to
include a rocket, rocket propelled projectile launcher, or
similar device containing an explosive or incendiary material.
4)Specifies that DOJ is authorized to use funds in the Firearms
Safety and Enforcement Special Fund to pay for the cost of
administering this section.
EXISTING LAW:
1)Requires that handgun purchasers must take an exam on handgun
safety from an instructor and obtain a minimum 75% passing
score to receive a certificate. (Pen. Code § 31615.)
2)Provides that the sale, loan or transfer of firearms in almost
all cases must be processed by, or through, a state-licensed
dealer or a local law enforcement agency with appropriate
transfer forms being used, as specified. In those cases where
dealer or law enforcement processing is not required, as of
today a handgun change of title report must still be sent to
DOJ and will require that as to all firearms as of January 1,
2014. (Pen. Code § 27545.)
3)Requires photo identification for the purchase of a firearm.
Additionally requires that persons purchasing a handgun be 21
years of age and those purchasing a long gun be 18 years of
age. (Pen. Code § 27510.)
4)Requires the completion of the Alcohol Tobacco and Firearms
(ATF) Form 4473 and California Dealer's Record of Sale (DROS)
form and pass a background check. (Pen. Code § 29820.)
5)Provides on or after January 1, 1998, that persons
establishing residency within California who bring with them
and store firearms within California after that date to report
the same to DOJ. This reporting requirement will apply to all
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firearms as of January 1, 2014. (Pen. Code § 27560.)
6)Requires the DOJ, upon submission of firearm purchaser
information, to examine its records to determine if the
purchaser is prohibited from possessing, receiving, owning, or
purchasing a firearm. Existing law prohibits the delivery of a
firearm within 10 days of the application to purchase, or,
after notice by the department, within 10 days of the
submission to the department of any corrections to the
application to purchase, or within 10 days of the submission
to the department of a specified fee. (Pen. Code §§ 28200 to
28250.)
7)Requires that if a dealer cannot legally deliver a firearm,
the dealer shall return the firearm to the transferor, seller,
or person loaning the firearm. (Pen § Code § 28050, subd.
(d).)
8)Requires that in connection with any private party sale, loan
or transfer of a firearm, a licensed dealer must provide the
DOJ with specified personal information about the seller and
purchaser as well as the name and address of the dealer. This
personal information of buyer and seller required to be
provided includes the name; address; phone number; date of
birth; place of birth; occupation; eye color; hair color;
height; weight; race; sex; citizenship status; and a driver's
license number, California identification card number or
military identification number. A copy of the Dealers Record
of Sale (DROS), containing the buyer and seller's personal
information, must be provided to the buyer or seller upon
request. (Pen. Code §§ 28160, 28210, and 28215.)
9)Provides that various categories of persons are prohibited
from owning or possessing a firearm, including persons
convicted of certain violent offenses, and persons who have
been adjudicated as having a mental disorder, among others.
(Pen. Code §§ 29800 to 29825, inclusive, 29900, 29905, 30305
and Welf. & Inst. Code §§ 8100 and 8103.)
10)Prohibits persons who know or have reasonable cause to
believe that the recipient is prohibited from having firearms
and ammunition to supply or provide the same with firearms or
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ammunition. (Pen, Code § 27500 and 30306, and Welf. & Inst.
Code § 8101.)
11)Provides that it shall be unlawful for the following people
to ship or transport in interstate or foreign commerce, or
possess in or affecting commerce, any firearm or ammunition;
or to receive any firearm or ammunition which has been shipped
or transported in interstate or foreign commerce: [18 USC
Section 922(g).]
a) Who has been convicted in any court of, a crime
punishable by imprisonment for a term exceeding one year;
b) Who is a fugitive from justice;
c) Who is an unlawful user of or addicted to any controlled
substance, as defined;
d) Who has been adjudicated as a mental defective or who
has been committed to a mental institution;
e) Who, being "an alien" -
i) is illegally or unlawfully in the United States; or
ii) except as specified, has been admitted to the United
States under a non-immigrant visa, as defined;
f) Who has been discharged from the Armed Forces under
dishonorable conditions;
g) Who, having been a citizen of the United States, has
renounced his citizenship;
h) Who is subject to a court order that -
i) was issued after a hearing of which such person
received actual notice, and at which such person had an
opportunity to participate;
ii) restrains such person from harassing, stalking, or
threatening an intimate partner of such person or child
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of such intimate partner or person, or engaging in other
conduct that would place an intimate partner in
reasonable fear of bodily injury to the partner or child;
and
(1) includes a finding that such person represents
a credible threat to the physical safety of such
intimate partner or child; or
(2) by its terms explicitly prohibits the use,
attempted use, or threatened use of physical force
against such intimate partner or child that would
reasonably be expected to cause bodily injury; or
i) Who has been convicted in any court of a misdemeanor
crime of domestic violence
12)Provides that certain people are prohibited from owning or
possessing a firearm. This includes (Pen. Code §§ 29800;
23515; 29805.):
a) Anyone convicted of a felony;
b) Anyone addicted to a narcotic drug;
c) Any juvenile convicted of a violent crime with a gun and
tried in adult court;
d) Any person convicted of a federal crime that would be a
felony in California and sentenced to more than 30 days in
prison, or a fine of more than $1,000;
e) Anyone convicted of certain violent misdemeanors, e.g.,
assault with a firearm; inflicting corporal injury on a
spouse or significant other; brandishing a firearm in the
presence of a police officer; and
f) Provides that a violation of these provisions is a
felony.
13)Specifies a ten year ban for anyone convicted of numerous
misdemeanors involving violence or threats of violence. (Pen.
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Code § 29805.)
14)Provides that a violation of these provisions of the ten year
firearm ban may be sentenced to a year in the county jail or
up to 3 years in state prison, as specified. (Pen. Code §
29805.)
15)Provides that persons who are bound by a temporary
restraining order or injunction or a protective order issued
under the Family Code or the Welfare and Institutions Code,
may be prohibited from firearms ownership for the duration of
that court order. (Pen. Code § 29825.)
16)Specifies that the Attorney General maintains an online
database known as the Armed Prohibited Persons File ("APPS").
The purpose of APPS is to cross-reference persons who have
ownership or possession of a firearm on or after January 1,
1991, as indicated by a record in the Consolidated Firearms
Information System, and who, subsequent to the date of that
ownership or possession of a firearm, fall within a class of
persons who are prohibited from owning or possessing a
firearm. The information contained in APPS is only be
available to specified entities through the California Law
Enforcement Telecommunications System, for the purpose of
determining if persons are armed and prohibited from
possessing firearms. (Pen. Code § 30000.)
FISCAL EFFECT: Unknown
COMMENTS:
1)Author's Statement: According to the author, "AB 1695, the
Stop Illegal Gun Sales Act (the Act), seeks to reduce the flow
of firearms onto the black market. The Act targets straw
purchases, instances in which a person who can pass a
background check legally buys a gun and then resells it to
someone who was prohibited from purchasing a firearm.
Additionally, the Act would make knowingly falsely reporting a
gun as lost or stolen a misdemeanor, a tactic of straw
purchasers seeking to distance themselves from the gun.
"In 2007, the Los Angeles City Attorney's office notified
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firearm purchasers of their rights and responsibilities during
California's mandatory waiting period. This notification was
attempted to deter straw purchasers from illegally
transferring firearms, either through failing to complete the
transaction or declining to resell the firearm.
"According to a 2010 RAND study, the notification
significantly increased the number of firearms reported lost
and stolen-more than doubling the reporting. However, it is
not clear whether the increased reporting was from increased
compliance with the law or straw purchasers covering their
tracks. This is remedied by the second provision of the Act,
making the knowingly false reporting of a firearm as lost or
stolen a misdemeanor, to ensure only true reports are made.
Additionally, the RAND study found there was an increase in
approved firearms transactions not being completed, suggesting
a deterrent effect, though those results require further
research."
2)Targeting Straw Purchasers and Lost or Stolen Firearms: This
legislation is similar in intent to a prior bill run by the
same author. AB 1020 (Bonta) from the 2013-2014 Legislative
Session intended to replicate statewide a program established
by the L.A. City Attorney's Office, in conjunction with local,
state and federal officials, to inform gun owners of rights
and responsibilities. This bill focuses the letters on
informing purchasers of issues related to firearms, gun
trafficking, and safe storage. The author cites a 2010 RAND
study which concluded the following:
"Between May 2007 and September 2008, 2,120 guns were
purchased in two target neighborhoods of the City of Los
Angeles. Starting in August 2007, gun buyers initiating
transactions on odd-numbered days received a letter signed
by prominent law enforcement officials, indicating that law
enforcement had a record of their gun purchase and that the
gun buyer should properly record future transfers of the
gun. The letters arrived during buyers' 10-day waiting
periods, before they could legally return to the store to
collect their new gun. Subsequent gun records were
extracted to assess the letter's effect on legal secondary
sales, reports of stolen guns, and recovery of the gun in a
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crime. An intent-to-treat analysis was also conducted as a
sensitivity check to remedy a lapse in the letter program
between May and August 2007. The letter appears to have no
effect on the legal transfer rate or on the short-term rate
of guns subsequently turning up in a crime. However, we
found that the rate at which guns are reported stolen for
those who received the letter is more than twice the rate
for those who did not receive the letter. Those receiving
the letter reported their gun stolen at a rate of 18 guns
per 1,000 gun-years and those not receiving the letter
reported their gun stolen at a rate of 7 guns per 1,000
gun-years. Of those receiving the letter, 1.9% reported
their gun stolen during the study period compared to 1.0%
for those who did not receive the letter. The percentage of
guns reported stolen in these neighborhoods is high,
indicating a high rate of true gun theft, a regular
practice of using stolen-gun reports to separate the gun
buyer from future misuse of the gun, or some blend of both.
Simple, targeted gun law awareness campaigns can modify new
gun buyers' behaviors. Additional follow-up or
modifications to this initiative might be needed to impact
the rate at which guns enter the illegal gun market and
ultimately are recovered in crimes." (emphasis added)
3)City of Los Angeles Letter: As previously mentioned, this
bill seeks to implement statewide a policy that has been in
place in the City of Los Angeles for a number of years. The
author has provided a copy of the letter which is distributed
in the City of Los Angeles when a person purchases a firearm.
The letter reads as follows:
John A. Doe
1234 Main Street
Los Angeles, CA 90000
Dear Mr. Doe:
As you are aware, gun violence is a serious problem both
within the City of Los Angeles
and our country. Nationwide, thousands of our fellow
Americans, including children, are killed or seriously
injured each year by firearms. It is therefore the hope and
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intent of the City and the Attorney General to pursue
measures that help reduce those deaths and injuries.
To that end, City prosecutors, in conjunction with the
California Attorney General and Los Angeles Police
Department, are engaged in a program to remind gun
purchasers of their legal responsibilities as gun owners.
Records show that you have recently purchased a firearm. It
is important that everyone does their part to handle and
store firearms in a safe manner, including keeping them out
of the hands of children, criminals, and others who may not
be authorized to own or possess such a firearm.
In the event you decide to sell or give your gun to another
person, both parties must first complete a "Dealer Record
of Sale" (DROS) form at any federally-licensed gun dealer.
Please remember that, with very few exceptions, it is a
crime to transfer a firearm to any person without first
completing the DROS form. Additionally, it is a crime to
knowingly sell, give or allow possession of a firearm to a
person with a known mental disorder. Furthermore, should a
child obtain access to your firearm and injure him/herself
or another person, you could be subject to criminal
prosecution. City prosecutors are also authorized to bring
an eviction action against the tenants residing at a
property at which certain unlawful conduct takes place,
including the illegal possession, use, sale, furnishing or
giving away of a firearm.
You should also be aware that in the event the police
recover a firearm that has been involved in a crime, City
prosecutors can prosecute its previous owner for a
misdemeanor, if that owner failed to complete the "Dealer
Record of Sale" form.
Please help make Los Angeles a safer community by
preventing your gun from falling into the wrong hands.
Thank you for your compliance with these very important
obligations and responsibilities.
Any inquiries may be directed to City prosecutor Anne
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Tremblay at (213) 978-4090.
4)Handgun Safety Certificate: This bill requires the DOJ to
provide a letter to firearm purchasers providing them with
information related to firearms, gun trafficking, and safe
storage. All handgun purchasers in the State of California
must take an exam on handgun safety from an instructor and
obtain a minimum 75% passing score to receive a certificate
(Penal Code Section 31615.) Effective January 1, 2003, the
Basic Firearms Safety Certificate Program was replaced with
the Handgun Safety Certificate Program. These new statutes
affect the general public in two principal ways. First, unless
exempt, individuals must possess a Handgun Safety Certificate
(HSC) prior to purchasing or acquiring a handgun. Second,
unless exempt, individuals must perform a safe handling
demonstration prior to taking delivery of a handgun from a
licensed dealer. HSCs are acquired by taking and passing a
written test on handgun safety, generally at participating
firearms dealerships and private firearms training facilities.
A written guide is available to help individuals prepare for
the Handgun Safety Certificate Test for purchase at firearms
dealerships at $.50 each. There is also a Handgun Safety
Certificate Video available for purchase at firearms
dealerships or from DOJ Certified Instructors at $5.00 each.
The handgun safety demonstration protocols and DOJ Certified
Instructor standards have been established and implemented by
DOJ.
5)Numbers of Gun Sales in California: The number of gun sales
in California is relatively high. From 2007-2016 the numbers
have been increasing. In 2007 there were 370,628 Dealer's
Records of Sale reported in the state of California. In 2011
there were 601,243 Dealer's Records of Sale reported to the
DOJ. It has been widely reported in the media that following
the tragedy at Sandy Hook Elementary School on December 14,
2012 that gun sales have increased significantly following
proposed legislative efforts throughout the United States to
impose stricter regulations on gun sales. In the month
following the San Bernardino showing in California gun dealers
sold about 134,000 guns. History has shown that following
recent mass shootings there have been severe spikes in gun
sales. California has seen between 800,000 and 960,000 gun
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sales during each of the prior four years, state and federal
data show. By comparison, a decade ago, between 2002 and 2005,
the state never saw more than 345,000 gun sales in a single
year.
6)Firearms Prohibitions for Misdemeanor Offenses: Current state
and federal laws prohibit persons who have been convicted of
specific crimes from owning or possessing firearms. For
example, anyone convicted of any felony offense is prohibited
for life from firearms ownership under both federal and state
law. (18 U.S.C. § 922(g); Pen. Code § 29800.) California
goes further and imposes a 10-year firearms prohibition on
persons convicted of numerous misdemeanor offenses that
involve either violence or the threat of violence. (Pen. Code
§ 29805.) Additionally, anyone who has been found to be a
danger to themselves or others due to mental illness is
subject to a five-year prohibition (Welf. & Inst. Code §§
8100, 8103(f)), and people under domestic violence restraining
orders are subject to a prohibition for the duration of that
court order. (Pen. Code § 29825.)
This bill would specify that any person convicted of the
misdemeanor offense of falsely reporting a firearm as lost or
stolen to law enforcement is subject to a 10-year ban from
owning a firearm. This offense arguably involves the misuse
of a firearm so it is consistent with other bans on ownership
of a firearm.
7)Argument in Support: According to the California Chapters of
the Brady Campaign to Prevent Gun Violence, "It is well known
that a significant source (if not the primary source) of crime
guns is through the intervention of straw purchasers. A straw
purchase occurs when someone who does not have a criminal
record, and can therefore pass a background check, purchases a
firearm and then transfers it without a background check to
someone who is otherwise prohibited from possessing a firearm.
This practice violates existing law but it is often difficult
to detect and prevent. AB 1695 seeks to address this issue.
"AB 1695 would require the Attorney General to send a notice
to each individual who has applied to purchase a firearm
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informing him or her of laws relating to firearms, gun
trafficking, and safe storage. Additionally, the bill would
make it a misdemeanor to report to a local law enforcement
agency that a firearm has been lost or stolen, knowing that
report to be false.
"In 2007, Greg Ridgeway conducted a study to determine whether
sending a notification to gun buyers during the ten day
waiting period could affect behavior. The notification or
letter informed them that law enforcement had a record of
their gun purchase and that the gun buyer should properly
record any future transfers of the gun. Those receiving the
letter reported their guns lost or stolen with almost twice
the frequency of those who did not receive the letter, and at
least initially, those receiving the letter were less likely
to return to pick up their gun.
"Ridgeway concluded that straw purchasers were much more
likely to report their firearms lost or stolen as a defense
when guns recovered in a crime were traced to them. It follows
therefore, that the act of knowingly filing a false report
should have criminal consequences in order to discourage the
behavior.
"Preventing the flow of illegal guns is very important to
public safety. AB 1695 would not only inform gun purchasers of
transfer laws, but would help deter straw buyers. The bill
furthers the Brady Campaign's goal of keeping weapons out of
dangerous hands.
"Additionally, an important strategy for reducing gun violence
is to educate gun owners about child access prevention laws
and safe storage requirements. The Brady Campaign supports the
concept of informing all prospective gun owners of important
firearms laws and injury prevention strategies. The notice to
prospective gun buyers advances these education goals.
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"Accordingly, The California Brady Campaign Chapters stand in
strong support of AB 1695 and urge your AYE vote."
8)Argument in Opposition: According to the Firearms Policy
Coalition, "AB 1695 seeks to continuously appropriate firearm
purchaser's involuntary contributions to the Firearms Safety
and Enforcement Special fund for the purposes of sending a
mailed notice to firearms purchasers reminding them of a tiny
fraction of the thousands of statutes and regulations that
govern the acquisition, possession, transport, storage, carry,
loan, use, and transfer of firearms. Strangely, firearm
purchasers would only receive this mailing after paying their
fees, passing a test on firearm law and safety, and receiving
their certification (which remains valid for 5 years).
"The senseless redundancy of AB 1695 is many-fold. Many laws
cited in the notice content are, in fact, the same laws that
the purchaser is complying with by conducting a lawful firearm
transfer to a licensed dealer. Those same laws are required
to be posted in plain view at the point of sale.
"And how many times must a purchaser pay for the same notice
with the same content to be mailed to them?
"With the Department of Justice processing nearly one million
firearm transactions in California on an annual basis, AB 1695
represents the needless waste of forests of paper, pallets of
printer toner, and tons of disposed DOJ junk mail every year.
"AB 1695 also creates a new misdemeanor crime for falsifying a
report of a lost or stolen firearm, then makes that crime one
which subjects the violator to a 10-year total prohibition on
firearm possession."
9)Related Legislation: SB 1006 (Wolk) would enact the
California Firearm Violence Research Act. The bill would
declare the intent of the Legislature that the Regents of the
University of California establish the California Firearm
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Violence Research Center to research firearm-related violence.
The bill would declare legislative intent regarding the
principles by which the university would administer the center
and award research funds, as prescribed. The bill would
require the university to report, on or before December 31,
2017, and every 5 years thereafter, specified information
regarding the activities of the center and information
pertaining to research grants. The bill would require the
center to provide copies of its research publications to the
Legislature. The bill would specify that its provisions would
apply to the university only to the extent that the Regents,
by resolution, make any of the provisions of the bill
applicable to the university. SB 1006 is set for hearing in
Senate Education Committee on March 16, 2016.
10)Prior Legislation:
a) AB 1020 (Bonta), of the 2013-2014 legislative session,
required the Attorney General (AG) to send a letter during
the 10-day waiting period to each individual who has
applied to purchase a firearm informing him or her of
firearms laws relating to gun trafficking and safe storage.
AB 1020 was held in the Assembly Appropriations Committee.
b) SB 819 (Leno), Chapter 743, Statutes of 2011, provided
that the Department of Justice may use dealer record of
sale funds for costs associated with its firearms-related
regulatory and enforcement activities regarding the
possession as well as the sale, purchase, loan, or transfer
of firearms, as specified.
c) AB 302 (Beall), Chapter 344, Statutes of 2010, requires
that by July 1, 2012, specified mental health facilities
shall report to the Department of Justice exclusively by
electronic means when a person is admitted to that facility
either because that person was found to be a danger to
themselves or others, or was certified for intensive
treatment for a mental disorder, as specified.
REGISTERED SUPPORT / OPPOSITION:
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Support
American Academy of Pediatrics
California Chapters of the Brady Campaign to Prevent Gun
Violence
Law Center to Prevent Gun Violence
Opposition
California Sportsman's Lobby
California Right to Carry
Firearms Policy Coalition
National Shooting Sports Foundation
Outdoor Sportsmen's Coalition of California
Safari Club International
Analysis Prepared
by: Gabriel Caswell / PUB. S. / (916) 319-3744