BILL ANALYSIS Ó SENATE COMMITTEE ON APPROPRIATIONS Senator Ricardo Lara, Chair 2015 - 2016 Regular Session AB 1695 (Bonta) - Firearms: false reports of stolen firearms ----------------------------------------------------------------- | | | | | | ----------------------------------------------------------------- |--------------------------------+--------------------------------| | | | |Version: May 31, 2016 |Policy Vote: PUB. S. 5 - 2 | | | | |--------------------------------+--------------------------------| | | | |Urgency: No |Mandate: Yes | | | | |--------------------------------+--------------------------------| | | | |Hearing Date: June 20, 2016 |Consultant: Jolie Onodera | | | | ----------------------------------------------------------------- This bill meets the criteria for referral to the Suspense File. Bill Summary: AB 1695 would make it a misdemeanor to falsely report that a firearm has been lost or stolen, as specified, and would add this new misdemeanor to the list of offenses for which a conviction results in a 10-year prohibition from possession of a firearm. Fiscal Impact: New misdemeanor : Potential non-reimbursable local costs for enforcement and incarceration offset to a degree by fine revenue for convictions for falsely reporting to a local law enforcement agency that a firearm has been lost or stolen. APPS enforcement administration : Potential increase in DOJ administration and enforcement costs (Special Fund*) for increases to the Armed Prohibited Persons System (APPS) list resulting from the expanded application of the 10-year firearms prohibition. The workload impact would be dependent on the number of persons convicted of the new misdemeanor established by this measure. Violations of the 10-year firearms ban : Potential increase in AB 1695 (Bonta) Page 1 of ? state (General Fund) and local (Local Funds) incarceration costs for violations of the 10-year firearms ban, which is an alternate felony-misdemeanor punishable by imprisonment in state prison for 16 months, two years, or three years, or in county jail for up to one year. CDCR data indicates only 20 commitments per year for violations of the 10-year firearms prohibition. While the impact of this measure on the state prison population is likely minor, even two commitments to state prison in any one year would cost $58,000 based on the estimated contract bed cost of $29,000 per inmate. *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 may be insufficient to cover the additional costs resulting from this bill in conjunction with the numerous other legislative measures requiring funding from the DROS Account, should they be enacted. Background: Under existing law, licensed firearms manufacturers and dealers are required to report the loss or theft of firearms within 48 hours to specified law enforcement agencies, however, there is not a similar requirement on firearm owners whose firearms are lost or stolen. The failure to report firearms as lost or stolen, as well as the false reporting of firearms as lost or stolen, creates barriers to accurately tracking these firearms. Concerns exist that a straw purchaser, who legally buys a firearm with the intent to illegally sell it to another individual, could falsely report that firearm as lost or stolen in order to disassociate himself or herself with any future crimes committed with that firearm. This bill seeks to address that issue by making it a misdemeanor to file such a false report. Existing law prohibits persons who have been convicted of specified crimes from owning or possessing firearms. Under both federal and state law, for example, any individual convicted of a felony offense is prohibited for life from firearms ownership. Existing state law also imposes a 10-year firearms prohibition on any person convicted of numerous misdemeanor offenses involving violence or the threat of violence. A violation of this provision is an alternate felony-misdemeanor (wobbler), AB 1695 (Bonta) Page 2 of ? punishable by imprisonment in a state prison for 16 months, two years, or three years, or in a county jail for up to one year, a fine not exceeding $1,000, or both. (Penal Code (PC) § 29805.) This bill would add the new misdemeanor of falsely reporting a lost or stolen firearm to the list of offenses subject to the 10-year prohibition on firearms possession. Proposed Law: This bill would make it a misdemeanor to report to a local law enforcement agency that a firearm has been lost or stolen, knowing the report to be false. Additionally, this bill would add falsely reporting that a firearm has been lost or stolen to the list of offenses for which a conviction results in a 10-year prohibition from possession of a firearm, as specified. Staff Comments: By creating a new misdemeanor for reporting to a local law enforcement agency that a firearm has been lost or stolen, knowing the report to be false, this bill could result in non-reimbursable local enforcement and incarceration costs, offset to a degree by fine revenue. By expanding the list of misdemeanors subject to the 10-year firearms prohibition to include falsely reporting a lost/stolen firearm, this bill could result in future increases in commitments to county jail and state prison for violations of the 10-year firearms ban, which is an alternate felony-misdemeanor, subject to imprisonment in a state prison for 16 months, two years, or three years, or in a county jail for up to one year, a fine not exceeding $1,000, or both the fine and imprisonment. Data from the CDCR indicates only 20 individuals per year have been committed to state prison on average over a three-year period (2012-2014) for a violation of the 10-year prohibition on firearms possession for existing crimes subject to the ban. As a result, it is likely the impact of this measure on the state prison population will be minor. Local jails could additionally incur increases in local costs under the provisions of this measure for new commitments to county jail for misdemeanor violations of the 10-year firearms ban. AB 1695 (Bonta) Page 3 of ? Expanding the list of misdemeanors subject to the 10-year firearms prohibition will potentially result in additional persons added to the APPS list, resulting in additional administration and enforcement costs to the DOJ. The workload impact would be dependent on the number of persons convicted of the new misdemeanor established by this measure, which is unknown at this time. -- END --