BILL ANALYSIS                                                                                                                                                                                                    Ó

          |SENATE RULES COMMITTEE            |                       AB 1999|
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                                   THIRD READING 

          Bill No:  AB 1999
          Author:   Achadjian (R) 
          Amended:  3/15/16 in Assembly
          Vote:     21 

           SENATE PUBLIC SAFETY COMMITTEE:  7-0, 6/14/16
           AYES:  Hancock, Anderson, Glazer, Leno, Liu, Monning, Stone

           AYES: Lara, Bates, Beall, Hill, McGuire, Mendoza, Nielsen
           ASSEMBLY FLOOR:  78-0, 5/12/16 (Consent) - See last page for  

           SUBJECT:   Prohibited Armed Persons File:  initial review

          SOURCE:    Author

          DIGEST:  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, as specified.


          Existing law:

          1)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,  


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            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.  (Penal Code §  
            30000, et seq.)

          2)Prohibits persons who know or have reasonable cause to believe  
            that the recipient is prohibited from having firearms and  
            ammunition to supply or provide the same with firearms or  
            ammunition.  (Penal Code §§ 27500 and 30306; Welfare and  
            Institutions Code § 8101.)

          3)Provides that various categories of persons are prohibited  
            from owning or possessing a firearm, including persons  
            convicted of certain violent offenses, and persons who have  
            been adjudicated as having a mental disorder, among others.   
            (Penal Code  §§ 29800 to 29825, inclusive, 29900, 29905,  
            30305; Welfare and Institutions Code §§ 8100 and 8103.)

          4)Establishes the Dealer's Record of Sale (DROS) Account, a  
            special fund, which receives various firearm registration  
            fees, and which may be used by the DOJ for firearms related  
            regulatory activities, including enforcement activities  
            related to possession.   (Penal Code §§ 28225 and 28235.)

          5)Establishes, in penal code section 28300, the Firearms Safety  
            and Enforcement Special Fund (FSESF), a continuously  
            appropriated fund, for use by the DOJ for specified purposes  
            related to weapons and firearms regulation.  Monies in the  
            fund may be used for the following purposes:

             a)   Implementing and enforcing the provisions of the Firearm  
               Safety Certificate program;
             b)   Implementing and enforcing various gun law enforcement  
               programs; and,
             c)   Establishment, maintenance, and upgrading of equipment  
               and services necessary for firearms dealers to comply with  
               the DROS system.  

          6)Requires the DOJ, upon submission of firearm purchaser  
            information, to examine its records to determine if the  


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                                                                    Page  3

            purchaser is prohibited from possessing, receiving, owning, or  
            purchasing a firearm.  Existing law prohibits the delivery of  
            a firearm within 10 days of the application to purchase, or,  
            after notice by the DOJ, within 10 days of the submission to  
            the DOJ of any corrections to the application to purchase, or  
            within 10 days of the submission to the DOJ of a specified  
            fee. (Penal Code  §§ 28200 to 28250.)

          7)Mandates those dealers notify DOJ that persons in applications  
            actually took possession of their firearms.  (Penal Code §  

          8)Requires that in connection with any sale, loan or transfer of  
            a firearm, a licensed dealer must provide the DOJ with  
            specified personal information about the seller and purchaser  
            as well as the name and address of the dealer.  This personal  
            information of buyer and seller required to be provided  
            includes the name; address; phone number; date of birth; place  
            of birth; occupation; eye color; hair color; height; weight;  
            race; sex; citizenship status; and a driver's license number;  
            California identification card number; or, military  
            identification number.  A copy of the DROS, containing the  
            buyer and seller's personal information, must be provided to  
            the buyer or seller upon request.  (Penal Code  §§ 28160,  
            28210, and 28215.)

          9)Requires, in penal code section 30015(b) and (c),  DOJ to  
            report, until March 1, 2019, on the following APPS statistics:

             a)   The degree to which the backlog in APPS has been reduced  
               or eliminated;
             b)   The number of agents hired for enforcement of APPS;
             c)   The number of people cleared from APPS;
             d)   The number of people added to APPS;
             e)   The number of people in APPS before and after the  
               relevant reporting period, including a breakdown of why  
               each person in APPS is prohibited from possessing a  
             f)   The number of firearms recovered due to enforcement of  
             g)   The number of contacts made during the APPS enforcement  
               efforts; and


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             h)   Information regarding task forces or collaboration with  
               local law enforcement on reducing the APPS backlog. 

          This bill:

          1)Requires DOJ to complete an initial review of a match in the  
            daily queue of APPS within seven days of the match being  
            placed in the queue.

          2)Requires DOJ to periodically reassess whether the department  
            can complete reviews of APPS matches within the daily queue  
            more efficiently.

          3)Defines "match" as "an entry into the Automated Criminal  
            History System, or into any department automated information  
            system, of the name and other information of an individual who  
            may be prohibited from acquiring, owning, or possessing a  
            firearm, matched with a corresponding record of ownership or  
            possession of a firearm by that individual, as specified."


          On March 13, 2013, the Joint Legislative Audit Committee  
          approved a request for an audit of the DOJ's Armed Prohibited  
          Persons Program.  (http://legaudit. assembly.  
          March%2013%20Vote%20Tally.pdf.)  The focus of the audit was on  
          "the reporting and identification of persons with mental illness  
          who are prohibited from owning or possessing a firearm."  (Armed  
          Persons with Mental Illness, California State Auditor (2013)  
          Report 2013-103.)    This audit revealed:

               Justice has faced obstacles throughout the three-year  
               period we reviewed-2010 through 2012-in meeting its  
               workload demands for both the daily and the historical  
               review queues of prohibited persons in the APPS database.  
               During this time, Justice focused staff efforts on  
               addressing a rise in background checks that state law  
               requires when someone attempts to purchase a firearm, which  
               resulted in the APPS unit experiencing a daily backlog that  
               at times exceeded its internal goal of having no more than  


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               1,200 matches pending for initial review at any one time.  
               Although, on average, the APPS unit reviewed its daily APPS  
               database workload within a time frame of five days, a few  
               potential armed prohibited person cases waited more than  
               three years before the APPS unit made a final determination  
               about the person's prohibited status. Further, the APPS  
               unit has also experienced delays in processing a historical  
               backlog of firearms owners-nearly 380,000 as of July  
               2013-who remain to be reviewed from more than six years ago  
               when it implemented the APPS database.   
               ( 2013-103.pdf.)

          On July 9, 2015, the State Auditor issued a follow-up report  
          that found: 

               . . . [I]n our previous report we noted that Justice had  
               backlogs in its two processing queues: a daily queue and a  
               historical queue. During late 2012 and early 2013, Justice  
               had a backlog of more than 1,200 matches pending initial  
               review in its daily queue-the queue that contains the daily  
               events from courts and mental health facilities that  
               indicate a match and may trigger a prohibition for an  
               individual to own a firearm. Because a backlog in this  
               queue means that Justice is not reviewing these daily  
               events promptly, we recommended that Justice establish a  
               goal of no more than 400 to 600 cases in the daily queue.  
               However, during this follow-up audit, we found that  
               Justice's daily queue during the first quarter of 2015 was  
               over 3,600 cases; this is six times higher than its revised  
               goal of no more than 600 cases. Just as it did during the  
               previous audit, Justice continues to cite its need to  
               redirect staff to another Bureau of Firearms (bureau)  
               priority, which has a statutory deadline, as the reason for  
               this backlog. We believe that, if Justice had a statutory  
               deadline on the initial processing of the matches in the  
               APPS database, it would encourage Justice to avoid  
               redirecting APPS unit staff. The chief of the bureau  
               believes that seven days would be a reasonable time frame  
               to complete an initial review of matches.  


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          The report recommended that the legislature require DOJ to  
          complete an initial review of cases in the daily queue within  
          seven days. (Id.)  This legislation would simply implement this  

          FISCAL EFFECT:   Appropriation:    No          Fiscal  
          Com.:YesLocal:   No

          According to the Senate Appropriations Committee analysis the  
          fiscal impact includes:

           Initial reviews:  Ongoing staffing costs (Special Fund*) to  
            the DOJ of $110,000 in FY 2016-17, and $175,000 in FY 2017-18  
            and annually thereafter to ensure completion of all initial  
            reviews of APPS matches within seven days. 
           Periodic reassessments:  Minor, absorbable workload impact  
            (Special Fund*) to the DOJ.

          SUPPORT:   (Verified8/11/16)

          None received

          OPPOSITION:   (Verified8/11/16)

          None received

          ASSEMBLY FLOOR:  78-0, 5/12/16
          AYES:  Achadjian, Alejo, Travis Allen, Arambula, Atkins, Baker,  
            Bigelow, Bloom, Bonilla, Bonta, Brough, Brown, Calderon,  
            Campos, Chang, Chau, Chávez, Chiu, Chu, Cooley, Cooper,  
            Dababneh, Dahle, Daly, Dodd, Eggman, Frazier, Beth Gaines,  
            Gallagher, Cristina Garcia, Eduardo Garcia, Gatto, Gipson,  
            Gomez, Gonzalez, Gordon, Gray, Grove, Hadley, Harper, Roger  
            Hernández, Holden, Irwin, Jones, Kim, Lackey, Levine, Linder,  


                                                                    AB 1999  
                                                                    Page  7

            Lopez, Low, Maienschein, Mathis, Mayes, McCarty, Medina,  
            Melendez, Mullin, Nazarian, Obernolte, O'Donnell, Olsen,  
            Patterson, Quirk, Ridley-Thomas, Rodriguez, Salas, Santiago,  
            Steinorth, Mark Stone, Thurmond, Ting, Wagner, Waldron, Weber,  
            Wilk, Williams, Wood, Rendon
          NO VOTE RECORDED:  Burke, Jones-Sawyer

          Prepared by:Jessica  Devencenzi / PUB. S. / 
          8/15/16 19:36:16

                                   ****  END  ****