BILL ANALYSIS                                                                                                                                                                                                    






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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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