BILL ANALYSIS Ó SB 347 Page A Date of Hearing: June 30, 2015 Counsel: Gabriel Caswell ASSEMBLY COMMITTEE ON PUBLIC SAFETY Bill Quirk, Chair SB 347 (Jackson) - As Amended June 2, 2015 As Proposed to be Amended in Committee SUMMARY: Adds specified offenses to the list of misdemeanors that result in the defendant being prohibited from possessing a firearm for ten years. Specifically, this bill: adds the following misdemeanor offenses to the list of crimes that result in a ten-year prohibition on possession of a firearm: SB 347 Page B 1)Dealing in handguns without a license. 2)Selling any ammunition to a person under 21 years of age. 3)Prohibited person owning or possessing ammunition. 4)Supplying ammunition to a prohibited person. 5)Bringing or carrying ammunition onto school grounds. 6)Petty theft if property taken was a firearm. 7)Buying or receiving stolen property if the property consists of a firearm. 8)Carrying a concealed firearm if the person has been convicted of a crime against a person or property, or of a narcotics or dangerous drug violation. 9)Carrying a loaded firearm if the person has been convicted of a crime against a person or property, or of a narcotics or dangerous drug violation. 10)Violating the 10-year prohibition on possessing a firearm. EXISTING LAW: 1)Provides that certain people are prohibited from owning or possessing a firearm for life, including: (Pen. Code, §§ 29800, 23515 and 29805.) 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; SB 347 Page C 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. 2)Provides that a violation of a lifetime ban on possession of a firearm is a felony. (Pen. Code, §§ 29800, 23515 and 29805.) 3)Provides that anyone convicted of numerous misdemeanors involving violence or threats of violence are subject to a ten-year ban on possession of a firearm. Provides that a violation of these provisions is an alternate felony/misdemeanor. (Pen. Code, § 29805.) 4)Provides 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. Provides that a violation of these provisions is an alternate felony/misdemeanor. (Welf. and Inst. Code, §§ 8100 and 8103(f).) 5)Provides 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 court order. Provides that the violation of these provisions is a wobbler or a misdemeanor, as specified. (Pen. Code, § 29825.) 6)Requires that firearms dealers obtain certain identifying information from firearms purchasers and forward that information, via electronic transfer to Department of Justice SB 347 Page D (DOJ) to perform a background check on the purchaser to determine whether he or she is prohibited from possessing a firearm. (Pen. Code, § 28160-28220.) 7)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. (Pen. Code, § 28220.) 8)Requires firearms to be centrally registered at time of transfer or sale by way of transfer forms centrally compiled by the 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. (Pen. Code, § 11106(a) and (c).) 9)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. (Pen. Code, § 30000.) 10)Provides that the Prohibited Armed Persons File database shall function as follows: (Pen. Code, § 30000.) a) Upon entry into the Automated Criminal History System of a disposition for a conviction of any felony, a conviction for any firearms-prohibiting charge specified in Chapter 2 (commencing with Section 29800), a conviction for an SB 347 Page E offense described in Chapter 3 (commencing with Section 29900), a firearms prohibition pursuant to Section 8100 or 8103 of the Welfare and Institutions Code, or any firearms possession prohibition identified by the federal National Instant Criminal Background Check System, DOJ shall determine if the subject has an entry in CFIS indicating possession or ownership of a firearm on or after January 1, 1991 or an assault weapon registration, or a .50 BMG rifle registration; b) Upon an entry into any department automated information system that is used for the identification of persons who are prohibited by state or federal law from acquiring, owning, or possessing firearms, the department shall determine if the subject has an entry in CFIS indicating ownership or possession of a firearm on or after January 1, 1991, or an assault weapon registration, or a .50 BMG rifle registration; c) If the department determines that, pursuant to subdivision (a) or (b), the subject has an entry in the CFIS indicating possession or ownership of a firearm on or after January 1, 1991 or an assault weapon registration, or a .50 BMG rifle registration, the following information shall be entered into APPS: i) The subject's name; ii) The subject's date of birth; iii) The subject's physical description; iv) Any other identifying information regarding the subject that is deemed necessary by the Attorney General; v) The basis of the firearms possession prohibition; and, SB 347 Page F vi) A description of all firearms owned or possessed by the subject, as reflected by the Consolidated Firearms Information System. 11)Provides, under federal law, that certain people are prohibited from owning or possessing a firearm: (18 USC § 922(g).) Any person who: a) Has been convicted in any court of, a crime punishable by imprisonment for a term exceeding one year; b) Is a fugitive from justice; c) Is an unlawful user of or addicted to any controlled substance, as defined; d) Has been adjudicated as a mental defective or who has been committed to a mental institution; e) Being an alien is illegally or unlawfully in the United States; or except as specified, has been admitted to the United States under a nonimmigrant visa, as defined; f) Has been discharged from the Armed Forces under dishonorable conditions; g) Having been a citizen of the United States, has renounced his citizenship; h) Is subject to a court order that: i) was issued after a hearing of which such person received actual notice, and at which such person had an opportunity to participate; ii) restrains such person from harassing, stalking, or threatening an intimate partner of such person or child of such intimate partner or person, or engaging in other conduct that would place an intimate partner in SB 347 Page G reasonable fear of bodily injury to the partner or child; and (1) includes a finding that such person represents a credible threat to the physical safety of such intimate partner or child; or (2) by its terms explicitly prohibits the use, attempted use, or threatened use of physical force against such intimate partner or child that would reasonably be expected to cause bodily injury; or iii) Has been convicted in any court of a misdemeanor crime of domestic violence. FISCAL EFFECT: Unknown COMMENTS: 1)Author's Statement: According to the author, "Firearms laws are a critical component of the state's responsibility to ensure public safety. According to FBI statistics, in 2013 there were a total of 1,745 murders in California and 1,224 of those were firearm related. In order to prevent gun violence we have adopted policies to prohibit the purchase of guns by persons believed to be high-risk for future criminal activity. "Federal law makes it unlawful to purchase or possess firearms by people who fall within certain categories such as convicted felons, domestic abusers, and people with specific kinds of mental health histories. California law also imposes prohibitions that can last for various lengths of time including a lifetime ban. Anyone convicted of numerous misdemeanors involving violence or threats of violence is prohibited from owning or possessing a firearm for 10 years. SB 347 Page H "In 2001, California was the first in the nation to create the Armed Prohibited Persons System (APPS) as a response to high-profile murder cases involving people prohibited from owning firearms. The Department of Justice (DOJ) operates the APPS, which cross-references the database of criminal convictions and other prohibited persons with the state's firearms registration database known as Automated Firearms System (AFS). The end result is a database of persons who lawfully purchased/acquired firearms and assault weapons and subsequently became prohibited as a result of a criminal conviction, restraining order, felony arrest warrant, and/or a mental health assessment/adjudication. "Still, many individuals with a history of criminal activity legally purchase firearms every year. It is well established that persons with a history of even a single prior arrest are, as a group, substantially more likely than persons with no such history to engage in criminal behavior in the future.<1> In fact, studies have shown that handgun purchasers who have had a single prior conviction for a nonviolent firearm-related offense are 7 times as likely to be charge with new nonviolent firearm offenses, 4 times as likely to be charged with new violent offenses, and 5 times as likely to be charged with murder, rape, robbery, or aggravated assault than a person with no prior convictions.<2> -------------------------- <1> Wintemute GJ. Prior Misdemeanor Convictions as a Risk Factor for Later Violent and Firearm-Related Criminal Activity Among Authorized Purchasers of Handguns. Journal of the American Medical Association 1998; 280: 2083-2087. <2> Wintemute GJ. Prior Misdemeanor Convictions as a Risk Factor for Later Violent and Firearm-Related Criminal Activity Among Authorized Purchasers of Handguns. Journal of the American Medical Association 1998; 280: 2083-2087. SB 347 Page I "These studies demonstrate the need to strengthen our firearms regulations. In particular, certain firearm-related misdemeanors that should have been originally included in the 10-year ban on firearm purchases. It is vital that we protect our communities by reducing unnecessary gun violence." 2)Firearms Prohibitions for Misdemeanor Offenses: 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. Section 922(g); Pen. Code, Section 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. (Pen. Code, Section 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 Sections 8100, 8103(f)], and people under domestic violence restraining orders are subject to a prohibition for the duration of that court order. (Pen. Code, Section 29825.) This bill would expand the number of misdemeanor convictions resulting in a 10-year prohibition by adding a number of offenses involving misdemeanor firearms and ammunition violations. This bill would expand the existing firearms prohibitions by creating a class of misdemeanor offenses. 3)SB 755 (Wolk), 2014: SB 755 (Wolk), of the 2013-2014 legislative session, added specified offenses to the list of misdemeanors that result in a 10-year prohibition on firearms possession, and adds certain misdemeanors related to substance abuse for which a violation of two or more within a three-year period will result in a 10-year prohibition on firearms possession. SB 755 was vetoed by the governor. The governor SB 347 Page J issued the following message with his veto: "This bill adds substance-abuse offenses and court orders to undergo mental health outpatient treatment to criteria that result in a 10-year prohibition on firearms possession. "I am not persuaded that it is necessary to bar gun ownership on the basis of crimes that are non-felonies, non-violent and do not involve misuse of a firearm." 4)Argument in Support: According to the California Chapters of the Brady Campaign to Prevent Gun Violence, "In furtherance of our goal to reduce firearm violence in our communities, the California Brady Campaign has designated Senate Bill 347 as a priority bill and is in strong support. "The Brady Campaign believes that a key strategy for reducing gun violence is to keep firearms out of the hands of individuals who, based on their condition or past behavior, are determined to be at risk of future acts of violence. Such individuals include criminals, domestic abusers, persons who are dangerously mentally ill and children; under existing law these individuals cannot purchase or possess firearms. With its strong gun laws, California does a better job than other states of keeping firearms out of dangerous hands and consequently, our firearm death rate has dropped significantly. In fact, between 1990 and 2013, California reduced its firearm mortality rate by 51.6 percent, which was double the reduction made in the rest of the country (25.2%). Nonetheless, over 6,000 people are shot in California each year and nearly half of them die. "Under existing law, convicted felons are subject to a permanent firearm prohibition and persons who has been convicted of certain violent misdemeanors are prohibited from possessing or purchasing a firearm within 10 years of the conviction, yet many criminals are still able to legally SB 347 Page K purchase firearms in California. SB 347 adds specified 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 handguns 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).<3> 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 gun. "Irresponsible gun owners who break firearm laws should be held accountable and be subject to a temporary firearm prohibition. This is a logical and appropriate consequence that supports the Brady Campaign's core mission of keeping weapons out of dangerous hands. Accordingly, the California Brady Campaign Chapters are in strong support of SB 347 and request your AYE vote." -------------------------- <3> SB 347 Page L 5)Argument in Opposition: According to the Shasta County Sheriff, "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 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 by both fine and imprisonment. "SB 347 would add to the list of misdemeanors, the conviction for which is subject to the above prohibition on possessing a firearm within 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 relative 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 simple act of a family member providing ammunition to other family members that are hunting or recreationally shooting. "There are provisions of SB 347 that add to the list of prohibiting misdemeanors carrying a 'loaded' and 'concealed' firearm as defined in PC 25400 and 25400(c)(6). This will lead to the prosecution of a person that makes the simple mistake of not locking or securing a handgun when they are transporting it in a vehicle." 6)Prior Legislation: SB 755 (Wolk), of the 2013-2014 legislative session, added specified offenses to the list of misdemeanors that result in a 10-year prohibition on firearms possession, and adds certain misdemeanors related to substance SB 347 Page M abuse for which a violation of two or more within a three-year period will result in a 10-year prohibition on firearms possession. SB 755 was vetoed by the governor. REGISTERED SUPPORT / OPPOSITION: Support California Chapters of the Brady Campaign California State Lodge, Fraternal Order of Police Coalition Against Gun Violence Courage Campaign Friends Committee on Legislation of California Law Center to Prevent Gun Violence Long Beach Police Officers Association Los Angeles County Professional Peace Officers Association Physicians for Social Responsibility, Sacramento Chapter Physicians for Social Responsibility, San Francisco Chapter Sacramento County Deputy Sheriffs' Association Santa Ana Police Officers Association Santa Barbara Police Department Violence Prevention Coalition Youth Alive 5 private individuals Opposition California Attorneys for Criminal Justice California Public Defenders Association California Rifle and Pistol Association California Sportsmen's Lobby, Inc. California Waterfowl Firearms Policy Coalition Gun Owners of California National Rifle Association of America Outdoor Sportsmen's Coalition of California Safari Club International Shasta County Sheriff SB 347 Page N Analysis Prepared by:Gabriel Caswell / PUB. S. / (916) 319-3744