BILL ANALYSIS Ó
SB 347
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Date of Hearing: August 19, 2015
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Jimmy Gomez, Chair
SB 347
(Jackson) - As Amended July 8, 2015
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Urgency: No State Mandated Local Program: YesReimbursable:
No
SUMMARY:
This bill adds specified offenses to the list of misdemeanors
that result in the defendant being prohibited from possessing a
firearm for ten years; a violation of this prohibition is an
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alternate felony/misdemeanor and/or a fine of up to $1,000.
FISCAL EFFECT:
1)Annual ongoing costs of over $220,000 (Dealer's Record of Sale
Fund) to the Department of Justice to address the additional
workload and enhance the Consolidated Firearms Information
System and the Automated Firearms System.
2)Unknown nonreimbursable local law enforcement and
incarceration costs offset to a degree by increased fine
revenue.
COMMENTS:
1)Purpose. 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."
"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. 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
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murder, rape, robbery, or aggravated assault than a person
with no prior convictions."
"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)Background. 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.
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. 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, and people under domestic
violence restraining orders are subject to a prohibition for
the duration of that court order.
3)Argument in Support: According to the California Chapters of
the Brady Campaign to Prevent Gun Violence, "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
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aggravated assault). 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."
4)Argument in Opposition: According to the Shasta County
Sheriff, "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 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."
5)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
abuse for which a violation of two or more within a three-year
period would have resulted in a 10-year prohibition on
firearms possession. SB 755 was vetoed by the governor.
Analysis Prepared by:Pedro R. Reyes / APPR. / (916)
319-2081
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