BILL ANALYSIS                                                                                                                                                                                                    ”



                                                                    AB 1695


                                                                    Page  1





          (Without Reference to File)





          ASSEMBLY THIRD READING


          AB  
          1695 (Bonta)


          As Amended  May 31, 2016


          Majority vote


           ------------------------------------------------------------------ 
          |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         |                    |
          |                |     |HernŠndez, Holden,    |                    |
          |                |     |Quirk, Santiago,      |                    |
          |                |     |Weber, Wood           |                    |
          |                |     |                      |                    |
          |                |     |                      |                    |








                                                                    AB 1695


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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