BILL ANALYSIS Ó
SB 347
Page 1
SENATE THIRD READING
SB
347 (Jackson)
As Amended July 8, 2015
Majority vote
SENATE VOTE: 24-15
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|Committee |Votes|Ayes |Noes |
| | | | |
| | | | |
| | | | |
|----------------+-----+----------------------+--------------------|
|Public Safety |5-2 |Quirk, Jones-Sawyer, |Melendez, Lackey |
| | |Lopez, Low, Santiago | |
| | | | |
|----------------+-----+----------------------+--------------------|
|Appropriations |12-5 |Gomez, Bloom, Bonta, |Bigelow, Chang, |
| | |Calderon, Nazarian, |Gallagher, Jones, |
| | |Eggman, Eduardo |Wagner |
| | |Garcia, Holden, | |
| | |Quirk, Rendon, Weber, | |
| | |Wood | |
| | | | |
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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
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following misdemeanor offenses to the list of crimes that result
in a 10-year prohibition on possession of a firearm:
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:
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1)Provides that a violation of a lifetime ban on possession of a
firearm is a felony.
2)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.
FISCAL EFFECT: According to the Assembly Appropriations
Committee:
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: 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
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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.
"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. In fact,
studies have shown that handgun purchasers who have had a single
prior conviction for a nonviolent firearm-related offense are
seven times as likely to be charge with new nonviolent firearm
offenses, four times as likely to be charged with new violent
offenses, and five times as likely to be charged with 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
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our communities by reducing unnecessary gun violence."
Analysis Prepared by:
Gabriel Caswell / PUB. S. / (916) 319-3744 FN:
0001611