BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | SB 347|
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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:
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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:
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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
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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
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(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
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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)
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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
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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
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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
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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
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