BILL ANALYSIS Ó
AB 1695
Page 1
(Without Reference to File)
CONCURRENCE IN SENATE AMENDMENTS
AB
1695 (Bonta)
As Amended June 22, 2016
Majority vote
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|ASSEMBLY: | | (June 1, |SENATE: | | (June 30, 2016) |
| |51-28 |2016) | |23-14 | |
| | | | | | |
| | | | | | |
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Original Committee Reference: PUB. S.
SUMMARY: Expands the existing misdemeanor of making a false
report to law enforcement to include 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.
The Senate amendments modify the bill from creating a new
misdemeanor for falsely reporting that a firearm that has been
lost or stolen, and instead expands an existing misdemeanor for
making false reports to law enforcement.
AB 1695
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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.
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 Senate Appropriations
Committee:
1)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.
AB 1695
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2)Armed Prohibited Persons System (APPS) enforcement
administration: Potential increase in DOJ administration and
enforcement costs (Special Fund*) for increases to the 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.
3)Violations of the 10-year firearms ban: Potential increase in
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. California Department of
Corrections and Rehabilitation (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 Fiscal Year (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.
AS PASSED BY THE ASSEMBLY, this bill:
1)Created 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) Created a 10-year ban on owning a firearm following a
AB 1695
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conviction of this provision; and
b) Possession of a firearm in violation of the 10-year ban
is punishable as a misdemeanor.
2)Defined "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.
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.
"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."
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Analysis Prepared by:
Gabriel Caswell / PUB. S. / (916) 319-3744 FN:
0003563