BILL ANALYSIS                                                                                                                                                                                                    



                                                                     SB 347


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          SENATE THIRD READING


          SB  
          347 (Jackson)


          As Amended  September 2, 2015


          Majority vote


          SENATE VOTE:  24-15


           -------------------------------------------------------------------- 
          |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    |                     |
          |                |     |                       |                     |
          |                |     |                       |                     |
           -------------------------------------------------------------------- 


          SUMMARY:  Adds specified offenses to the list of misdemeanors  
          that result in the defendant being prohibited from possessing a  
          firearm for 10 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)Bringing or carrying ammunition onto school grounds. 


          2)Petty theft if the property taken was a firearm.


          3)Buying or receiving stolen property if the property consists  
            of a firearm.


          EXISTING LAW:  


          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, this bill: 


          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.








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          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  
          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  








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          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  
          our communities by reducing unnecessary gun violence."


          Analysis Prepared by:                                             
                          Gabriel Caswell / PUB. S. / (916) 319-3744  FN:  
          0001965