BILL ANALYSIS Ó
SB 347
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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:
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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;
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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
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(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
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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,
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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
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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.
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"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.
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"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
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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
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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>
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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
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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
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Analysis Prepared by:Gabriel Caswell / PUB. S. / (916)
319-3744