BILL ANALYSIS Ó 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 | | | | |Hernández, Holden, | | | | |Quirk, Santiago, | | | | |Weber, Wood | | | | | | | | | | | | AB 1695 Page 2 ------------------------------------------------------------------ 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 Page 4 "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