BILL ANALYSIS Ó ----------------------------------------------------------------- |SENATE RULES COMMITTEE | SB 347| |Office of Senate Floor Analyses | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ----------------------------------------------------------------- THIRD READING Bill No: SB 347 Author: Jackson (D) Amended: 6/2/15 Vote: 21 SENATE PUBLIC SAFETY COMMITTEE: 4-2, 4/14/15 AYES: Hancock, Leno, McGuire, Monning NOES: Anderson, Stone NO VOTE RECORDED: Liu SENATE APPROPRIATIONS COMMITTEE: 5-1, 5/28/15 AYES: Lara, Beall, Hill, Leyva, Mendoza NOES: Nielsen NO VOTE RECORDED: Bates SUBJECT: Firearms: prohibited personsFirearms: prohibited persons. SOURCE: Author DIGEST: This bill adds specified offenses to the list of misdemeanors that result in a 10-year prohibition on firearms possession. ANALYSIS: Existing law: SB 347 Page 2 1) Requires that firearms dealers obtain certain identifying information from firearms purchasers and forward that information, via electronic transfer to Department of Justice (DOJ) to perform a background check on the purchaser to determine whether he or she is prohibited from possessing a firearm. (Penal Code § 28160-28220.) 2) Requires that, upon receipt of the purchaser's information, DOJ shall examine its records, as well as those records that it is authorized to request from the State Department of Mental Health pursuant to Section 8104 of the Welfare and Institutions Code, in order to determine if the purchaser is prohibited from purchasing a firearm. (Penal Code § 28220.) 3) Requires firearms to be centrally registered at time of transfer or sale by way of transfer forms centrally compiled by DOJ. DOJ is required to keep a registry from data sent to DOJ indicating who owns what firearm by make, model, and serial number and the date thereof. (Penal Code § 11106(a) and (c).) 4) Requires the Attorney General to establish and maintain an online database to be known as Armed Prohibited Persons System (APPS). The purpose of the file is to cross-reference persons who have ownership or possession of a firearm on or after January 1, 1991, as indicated by a record in the Consolidated Firearms Information System (CFIS), and who, subsequent to the date of that ownership or possession of a firearm, fall within a class of persons who are prohibited from owning or possessing a firearm. The information contained in APPS shall only be available to specified entities through the California Law Enforcement Telecommunications System, for the purpose of determining if persons are armed and prohibited from possessing firearms. (Penal Code § 30000.) 5) Provides, in Section 933(g) of Title 18 of the United States Code, that certain people are prohibited from owning or possessing a firearm, as specified. 6) Provides, in Penal Code Sections 29800, 23515 and 29805, that certain people are subject to a lifetime ban on owning or possessing a firearm, including: SB 347 Page 3 a) Anyone convicted of a felony; b) Anyone addicted to a narcotic drug; c) Any juvenile convicted of a violent crime with a gun and tried in adult court; d) Any person convicted of a federal crime that would be a felony in California and sentenced to more than 30 days in prison, or a fine of more than $1,000; e) Anyone convicted of certain violent misdemeanors, e.g., assault with a firearm, inflicting corporal injury on a spouse or significant other, or brandishing a firearm in the presence of a police officer. 7) Makes it a felony for a person subject to a lifetime ban to own or possess a firearm, as specified. (Id.) 8) Provides that anyone convicted of numerous misdemeanors involving violence or threats of violence is subject to a 10-year prohibition on prohibition on possession of a firearm. (Penal Code § 29805.) 9) Makes it a wobbler (can be charged as a felony or misdemeanor) for a person subject to a 10-year prohibition to own or possess a firearm, as specified. (Id.) 10)States that any person taken into custody, assessed, and admitted to a designated facility due to that person being found to be a danger to themselves or others as a result of a mental disorder, is prohibited from possessing a firearm during treatment and for five years from the date of their discharge. (Welfare and Institutions Code §§ 8100 and 8103(f).) 11)Makes it a wobbler (can be charged as a felony or misdemeanor) for a person subject to a five-year prohibition to own or possess a firearm, as specified. (Id.) 12)States that persons who are bound by a temporary restraining order or injunction or a protective order issued under the Family Code or the Welfare and Institutions Code, may be prohibited from firearms ownership for the duration of that SB 347 Page 4 court order. (Penal Code § 29825.) 13)Makes it a wobbler (can be charged as a felony or misdemeanor) or a misdemeanor for a person subject to a temporary restraining order or injunction or a protective order issued under the Family Code or the Welfare and Institutions Code, as specified, to own or possess a firearm, as specified. (Id.) This bill: 1)Adds the following misdemeanor offenses to those for which a conviction results in a 10-year prohibition on possession of a firearm: a) Theft of a firearm (Penal Code § 490.2); b) Receipt of stolen property, if the property is a firearm (Penal Code § 496); c) Sale of a handgun without a license (Penal Code § 26500); d) Prohibited misdemeanant in possession of a firearms (Penal Code §29805); e) Sale of ammunition to an underage person (Penal Code § 30300); f) Possession of ammunition by a person prohibited from possessing a firearm (Penal Code § 30305); g) Sale or supplying ammunition to a person prohibited from possessing a firearm (Penal Code § 30306); h) Bringing ammunition on school grounds (Penal Code § 30310); i) Carrying a concealed firearm where the person has been convicted of a drug offense or of a crime against a person or property (Penal Code § 25400(c)(5)); j) Carrying a concealed firearm where the firearm was loaded and not registered to the person in possession SB 347 Page 5 (Penal Code § 25400(c)(6)); aa) Carrying a loaded firearm in public where the person has been convicted of a drug offense or of a crime against a person or property (Penal Code § 25850(c)(5)); and, bb) Carrying a loaded firearm in public where the firearm was not registered to the person in possession. (Penal Code § 25850(c)(6).) 2)States that, with the exception of misdemeanor firearm theft and being a prohibited misdemeanant in possession of a firearm, its provisions apply prospectively. Background As detailed above, current state and federal laws prohibit persons who have been convicted of specific crimes from owning or possessing firearms. For example, anyone convicted of any felony offense is prohibited for life from firearms ownership under both federal and state law. (18 U.S.C. § 922(g); Penal Code § 29800.) California goes further and imposes a 10-year firearms prohibition on persons convicted of numerous misdemeanor offenses that involve either violence or the threat of violence. (Penal Code § 29805.) Additionally, anyone who has been found to be a danger to themselves or others due to mental illness is subject to a five-year prohibition (Welfare and Institutions Code §§ 8100, 8103(f)), and people under domestic violence restraining orders are subject to a prohibition for the duration of that court order. (Penal Code § 29825.) According to the author: [S]tudies demonstrate the need to strengthen our firearms regulations. In particular, certain firearm-related misdemeanors should have been originally included in the 10-year ban on firearm purchases. To this end, this bill expands the number of misdemeanor convictions resulting in a 10-year prohibition by adding a number of firearm related misdemeanors, including the sale of a handgun without a license, sale of ammunition to an underage SB 347 Page 6 person, and carrying a concealed firearm where the firearm was loaded and not registered to the person in possession. FISCAL EFFECT: Appropriation: No Fiscal Com.:YesLocal: Yes According to the Senate Appropriations Committee, the fiscal impact includes: State prisons: Potential increase in state costs potentially in excess of hundreds of thousands of dollars (General Fund) annually for additional commitments to state prison under the expanded list of crimes subject to the 10-year firearms ban resulting in felony convictions. Any cost savings due to a greater number of wobbler offenses prospectively being charged as misdemeanors instead of felonies are estimated to result in local savings, as the applicable wobbler offenses specify jail felonies pursuant to Penal Code § 1170(h). To the extent the prohibition is applied retroactively would significantly increase the potential fiscal impact to the state. County jails: Potentially major increases and decreases in non-reimbursable local costs in the millions of dollars (Local) as a result of: 1) new admissions to jail for violations of the 10-year firearms ban under the expanded list of applicable crimes resulting in misdemeanor convictions; and, 2) reductions in jail terms for wobbler offenses that otherwise would have been charged as jail felonies that are instead charged as misdemeanors with shorter jail sentences. To the extent the prohibition is applied retroactively would significantly increase the potential fiscal impact to counties. To the extent local agencies incur a net increase in overall costs, a subvention of funds could be required from the State (General Fund). Department of Justice (DOJ): Potentially significant increase in DOJ administration and enforcement costs of about $200,000 (Special Fund) for increases to the APPS list resulting from the expanded application of the firearms prohibition. SUPPORT: (Verified5/30/15) SB 347 Page 7 California Chapters of the Brady Campaign to Prevent Gun Violence California State Lodge, Fraternal Order of Police City of Santa Barbara Coalition Against Gun Violence Courage Campaign Friends Committee on Legislation in California Law Center to Prevent Gun Violence Long Beach Police Officers Association Los Angeles Chapter of the Brady Campaign to Prevent Gun Violence Los Angeles County Professional Peace Officers Association Physicians for Social Responsibility, Sacramento Chapter Sacramento County Deputy Sheriff's Association San Francisco Bay Area Physicians for Social Responsibility Santa Ana Police Officers Association Violence Prevention Coalition Youth ALIVE Five Individuals OPPOSITION: (Verified5/30/15) California Attorneys for Criminal Justice California Public Defenders Association California Rifle and Pistol Association, Inc. California Sportsman's Lobby Firearms Policy Coalition Gun Owners of California National Rifle Association of America Outdoor Sportsmen's Coalition of California Safari Club International Two Individuals ARGUMENTS IN SUPPORT: The California Chapters of the Brady Campaign to Prevent Gun Violence states: Under existing law, convicted felons are subject to a permanent firearm prohibition and persons who has been SB 347 Page 8 convicted of certain specified violent misdemeanors are prohibited from possessing or purchasing a firearm within 10 years of the conviction, yet many criminals are still able to legally purchase firearms in California. SB 347 adds a number of firearm and ammunition-related offenses to the list of misdemeanor convictions that carry a 10 year firearm prohibition. These offenses include selling or furnishing ammunition to a person prohibited from possessing ammunition, including minors, and the possession of ammunition by a prohibited person. Dealing in firearms without a license and carrying a loaded or concealed weapon in certain cases, as well as other offenses, would also cause the 10 year firearm prohibition. Public safety would be furthered by the addition of the temporary firearm prohibitions under SB 347 as research shows that handgun purchasers with prior misdemeanor convictions are at increased risk of future criminal activity, including violent crimes. Specifically, a person in California convicted of one nonviolent firearm offense is over 7 times more likely to commit another nonviolent firearm offense, over 4 times more likely to commit a violent offense, and over five times more likely to commit a Violent Crime Index Offense (murder or non-negligent manslaughter, forcible rape, robbery, or aggravated assault). [Footnote omitted.] A temporary firearm prohibition for these at risk individuals would make them unable to pass a background check when attempting to purchase a firearm and place them in the Armed and Prohibited Persons System if they already possess a ARGUMENTS IN OPPOSITION: According to the National Rifle Association of America: Existing law generally prohibits a person who has been convicted of certain specified misdemeanors from possessing a firearm within 10 years of the conviction. Under SB 347 Page 9 existing law, a violation of this prohibition is a crime, punishable by imprisonment in a county jail not exceeding one year or in the state prison for 16 months, or 2 or 3 years, by a fine not exceeding $1,000, or both a fine that imprisonment and a fine. S.B. 347 would add to the list of misdemeanors, the conviction for which is subject to the above prohibition on possessing a firearm with 10 years of the conviction, misdemeanor offenses of transferring a firearm without a firearms license, selling or giving possession of ammunition to a minor, selling handgun ammunition to a person under 21 years of age, carrying ammunition onto school grounds, carrying a loaded or concealed weapon if the firearm is not registered. The addition of these misdemeanor offenses to the prohibited category that include the "transfer" of firearms or ammunition could entrap family members that are giving firearms to relatives and are unaware of the requirements for firearms transfers through licensed dealers. The addition of the "giving possession" of ammunition to "minors" to the prohibited category could criminalize the act of a family member providing ammunition to other family members that are hunting or recreationally shooting. There are provisions of SB 347 that adds to the list of prohibiting misdemeanors carrying a "loaded" and "concealed" firearms as defined in P.C. 25400 and 25400(c)(6) this will lead to the prosecution of a person that makes the simple mistake of not locking/securing a handgun when they are transporting it in a vehicle. There are millions of "unregistered" lawfully owned and possessed handguns in California. This simply mistake/violation may not be associated with any violent criminal activity or involve the misuse of a firearm and should not lead to punishing a citizen with the loss of their Second Amendment Rights. The changing of the penalties in current law to increase the penalties for these current misdemeanors will lead to significantly increased court actions with defendants SB 347 Page 10 choosing to go to trial to stop the stripping away of their firearms rights. Prepared by: Jessica Devencenzi / PUB. S. / 6/2/15 22:10:18 **** END ****