BILL ANALYSIS Ó
AB 1695
Page 1
(Without Reference to File)
ASSEMBLY THIRD READING
AB
1695 (Bonta)
As Amended May 31, 2016
Majority vote
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|Committee |Votes|Ayes |Noes |
| | | | |
| | | | |
| | | | |
|----------------+-----+----------------------+--------------------|
|Public Safety |5-2 |Jones-Sawyer, Lopez, |Melendez, Lackey |
| | |Low, Quirk, Santiago | |
| | | | |
|----------------+-----+----------------------+--------------------|
|Appropriations |14-5 |Gonzalez, Bloom, |Bigelow, Gallagher, |
| | |Bonilla, Bonta, |Jones, Obernolte, |
| | |Calderon, Daly, |Wagner |
| | |Eggman, Eduardo | |
| | |Garcia, Roger | |
| | |Hernández, Holden, | |
| | |Quirk, Santiago, | |
| | |Weber, Wood | |
| | | | |
| | | | |
AB 1695
Page 2
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SUMMARY: 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)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.
b) Possession of a firearm in violation of the 10-year ban
is punishable as a misdemeanor.
2)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.
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.
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
the Department of Justice (DOJ) and will require that as to
all firearms as of January 1, 2014.
3)Requires photo identification for the purchase of a firearm.
AB 1695
Page 3
Additionally requires that persons purchasing a handgun be 21
years of age and those purchasing a long gun be 18 years of
age.
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.
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
firearms as of January 1, 2014.
FISCAL EFFECT: According to the Assembly Appropriations
Committee, moderate nonreimbursable local costs for
incarceration, offset to a degree by fee revenue.
COMMENTS: 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
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.
AB 1695
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"According to a 2010 RAND [Corporation] 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."
Analysis Prepared by:
Gabriel Caswell/ PUB. S. / (916) 319-3744 FN:
0003154