BILL ANALYSIS Ó
AB 1999
Page 1
Date of Hearing: May 4, 2016
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Lorena Gonzalez, Chair
AB
1999 (Achadjian) - As Amended March 15, 2016
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Urgency: No State Mandated Local Program: NoReimbursable: No
SUMMARY:
This bill requires the Department of Justice (DOJ) to both
complete an initial review of a match in the Armed Prohibited
Persons System (APPS) within seven days of the match being
placed in the queue, and periodically reassess whether the
department can complete reviews of APPS matches more
efficiently.
AB 1999
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FISCAL EFFECT:
Moderate cost to DOJ of $110,000 the first year, and in the
$140,000 range every year thereafter for staff to ensure reviews
of the match take place within 7 days. (Dealer's Record of Sale
Account) (DROS).
COMMENTS:
1)Background. Current law provides for an automated system for
tracking firearms and assault weapon owners who might fall
into a prohibited status. The online database, which is
currently known as the APPS, cross-references all handgun and
assault weapon owners across the state against criminal
history records to determine persons who have been, or will
become, prohibited from possessing a firearm subsequent to the
legal acquisition or registration of a firearm or assault
weapon.
DOJ has two queues through which it processes matches between
any potentially prohibited person and any registered firearm
owner or applicant. Although steady progress has been made to
reduce the backlog in APPS's two queues, currently there is an
average backlog of 3,600 matches of potentially prohibited
persons to firearm owners in the daily queue of APPS and a
backlog of approximately 257,000 potentially prohibited person
matches in the historical queue.
To avoid instances of incorrect identification, DOJ conducts a
manual review of any person who has been automatically matched
in APPS. This avoids denying access or ownership of firearms
to improperly matched individuals, i.e. makes sure that no one
is mistakenly prohibited from owning or purchasing a firearm
due to any clerical error or other incorrect identifier. This
AB 1999
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manual review is the initial review referred to in this bill.
In 2013, the Legislature appropriated $24 million DROS to DOJ
to help clear the APPS backlogs. However, DOJ assigned APPS
unit staff to handle firearm background checks, which have a
statutory maximum time period during which background checks
must be completed. APPS, on the other hand, has no such
statutory deadline. In order to further reduce the backlog,
the State Auditor has recommended DOJ be mandated to complete
the aforementioned initial review of prohibited person matches
in APPS daily queue within seven days. This bill would
mandate the State Auditor's recommendation. Approximately $6
million will revert back to DROS at the end of this fiscal
year.
2)Purpose. According to the author, AB 1999 is consistent with
the auditor's above recommendation.
3)Related Legislation: SB 1332 (Mendoza), requires the
Department of Justice to modify its registration form so that
both spouses or both domestic partners may register as the
owners of the firearm, and requires the department to maintain
both names on the firearm's registry. This bill is awaiting a
hearing in Senate Appropriations.
4)Prior Legislation:
a) SB 580 (Jackson), of the 2013-2014 Legislative Session,
would have appropriated the sum of $5 million from the
FSESF to the DOJ to contract with local law enforcement
agencies to reduce the backlog of individuals who are
identified by APPS as illegally possessing firearms. This
bill died in this committee.
b) SB 140 (Leno), Chapter 2, Statutes of 2013, appropriated
$24 million from the DROS Special Account to the DOJ for
costs associated with regulatory and enforcement of illegal
AB 1999
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possession of firearms by prohibited persons.
Analysis Prepared by:Pedro Reyes / APPR. / (916)
319-2081