BILL ANALYSIS                                                                                                                                                                                                    Ó




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                                        VETO 


          Bill No:  SB 347
          Author:   Jackson (D)
          Amended:  9/2/15  
          Vote:     21  

           SENATE PUBLIC SAFETY COMMITTEE:  4-2, 4/14/15
           AYES:  Hancock, Leno, McGuire, Monning
           NOES:  Anderson, Stone
           NO VOTE RECORDED:  Liu

           SENATE APPROPRIATIONS COMMITTEE:  5-1, 5/28/15
           AYES:  Lara, Beall, Hill, Leyva, Mendoza
           NOES:  Nielsen
           NO VOTE RECORDED:  Bates

           SENATE FLOOR:  24-15, 6/3/15
           AYES:  Allen, Beall, Block, De León, Galgiani, Glazer, Hall,  
            Hancock, Hernandez, Hertzberg, Hill, Jackson, Lara, Leno,  
            Leyva, Liu, McGuire, Mendoza, Mitchell, Monning, Pan, Pavley,  
            Wieckowski, Wolk
           NOES:  Anderson, Bates, Berryhill, Cannella, Fuller, Gaines,  
            Huff, Moorlach, Morrell, Nguyen, Nielsen, Roth, Runner, Stone,  
            Vidak
           NO VOTE RECORDED:  Hueso

           SENATE FLOOR:  24-14, 9/10/15
           AYES:  Allen, Beall, Block, De León, Galgiani, Glazer, Hall,  
            Hancock, Hernandez, Hill, Hueso, Jackson, Lara, Leno, Leyva,  
            Liu, McGuire, Mendoza, Mitchell, Monning, Pan, Pavley,  
            Wieckowski, Wolk
           NOES:  Anderson, Bates, Berryhill, Cannella, Fuller, Gaines,  
            Huff, Moorlach, Morrell, Nguyen, Nielsen, Roth, Stone, Vidak
           NO VOTE RECORDED:  Hertzberg, Runner

           ASSEMBLY FLOOR:  46-30, 9/8/15 - See last page for vote








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           SUBJECT:   Firearms: prohibited persons


          SOURCE:    Author
          
          DIGEST:   This bill adds specified offenses to the list of  
          misdemeanors that result in the defendant being prohibited from  
          possessing a firearm for 10 years.
          
          ANALYSIS: 

          Existing law:

           1) Requires that firearms dealers obtain certain identifying  
             information from firearms purchasers and forward that  
             information, via electronic transfer to Department of Justice  
             (DOJ) to perform a background check on the purchaser to  
             determine whether he or she is prohibited from possessing a  
             firearm.  (Penal Code § 28160-28220.)

           2) 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.  (Penal Code § 28220.)

           3) Requires firearms to be centrally registered at time of  
             transfer or sale by way of transfer forms centrally compiled  
             by 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.  (Penal Code § 11106(a)  
             and (c).)

           4) 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  








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             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.   
             (Penal Code § 30000.)

           5) Provides, in Section 933(g) of Title 18 of the United States  
             Code, that certain people are prohibited from owning or  
             possessing a firearm, as specified. 

           6) Provides, in Penal Code Sections 29800, 23515 and 29805,  
             that certain people are subject to a lifetime ban on owning  
             or possessing a firearm, including:

              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;

              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.  

           7) Makes it a felony for a person subject to a lifetime ban to  
             own or possess a firearm, as specified.  (Id.)

           8) Provides that anyone convicted of numerous misdemeanors  
             involving violence or threats of violence is subject to a  
             10-year prohibition on prohibition on possession of a  
             firearm.  (Penal Code § 29805.)

           9) Makes it a wobbler (can be charged as a felony or  
             misdemeanor) for a person subject to a 10-year prohibition to  








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             own or possess a firearm, as specified.  (Id.)

           10)States 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.  (Welfare and Institutions Code §§ 8100 and  
             8103(f).)

           11)Makes it a wobbler (can be charged as a felony or  
             misdemeanor) for a person subject to a five-year prohibition  
             to own or possess a firearm, as specified.  (Id.)

           12)States 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.  (Penal Code § 29825.)

           13)Makes it a wobbler (can be charged as a felony or  
             misdemeanor) or a misdemeanor for a person subject to a  
             temporary restraining order or injunction or a protective  
             order issued under the Family Code or the Welfare and  
             Institutions Code, as specified, to own or possess a firearm,  
             as specified.  (Id.)

          This bill:

           1) Adds the following misdemeanor offenses to the list of  
             crimes that result in a 10-year prohibition on possession of  
             a firearm:  

              a)    Theft of a firearm (Penal Code § 490.2);

              b)    Receipt of stolen property, if the property is a  
                firearm (Penal Code § 496); and, 

              c)    Bringing ammunition on school grounds (Penal Code §  
                30310).

           2) States that, with the exception of misdemeanor firearm  








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             theft, its provisions apply prospectively. 

          Background

          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. § 922(g); Penal  
          Code § 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.  (Penal Code § 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 §§ 8100, 8103(f)), and people under  
          domestic violence restraining orders are subject to a  
          prohibition for the duration of that court order.  (Penal Code §  
          29825.)

          According to the author: 

             [S]tudies demonstrate the need to strengthen our firearms  
             regulations.  In particular, certain firearm-related  
             misdemeanors should have been originally included in the  
             10-year ban on firearm purchases.

          To this end, this bill expands the number of misdemeanor  
          convictions resulting in a 10-year prohibition. 

          FISCAL EFFECT:   Appropriation:    No          Fiscal  
          Com.:YesLocal:   Yes

          According to the Assembly Appropriations Committee: 

          1)Annual ongoing costs of over $220,000 (Dealer's Record of Sale  
            Fund) to DOJ to address the additional workload and enhance  
            CFIS and the Automated Firearms System.


          2)Unknown nonreimbursable local law enforcement and  
            incarceration costs offset to a degree by increased fine  








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            revenue.




          SUPPORT:   (Verified 10/26/15)


          California Chapters of the Brady Campaign to Prevent Gun  
                    Violence
          California State Lodge, Fraternal Order of Police
          City of Santa Barbara 
          Coalition Against Gun Violence
          Courage Campaign
          Friends Committee on Legislation in California
          Law Center to Prevent Gun Violence
          Long Beach Police Officers Association
          Los Angeles Chapter of the Brady Campaign to Prevent Gun  
                    Violence 
          Los Angeles County Professional Peace Officers Association
          Physicians for Social Responsibility, Sacramento Chapter
          Sacramento County Deputy Sheriff's Association
          San Francisco Bay Area Physicians for Social Responsibility
          Santa Ana Police Officers Association 
          Violence Prevention Coalition of Greater Los Angeles
          Violence Prevention Coalition of Orange County
          Youth ALIVE
          Five individuals


          OPPOSITION:   (Verified 10/26/15)


          California Attorneys for Criminal Justice
          California Public Defenders Association
          California Rifle and Pistol Association, Inc.
          California Sportsman's Lobby
          California Waterfowl Association
          Firearms Policy Coalition
          Gun Owners of California
          National Rifle Association of America
          Outdoor Sportsmen's Coalition of California








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          Shasta County Sheriff, Tom Bosenko
          Safari Club International
          Two individuals


          GOVERNOR'S VETO MESSAGE:


               I am returning the following nine bills without my  
               signature:

               Assembly Bill 144
               Assembly Bill 849
               Senate Bill 168
               Senate Bill 170
               Senate Bill 271
               Senate Bill 333
               Senate Bill 347
               Senate Bill 716
               Senate Bill 722

               Each of these bills creates a new crime - usually by  
               finding a novel way to characterize and criminalize conduct  
               that is already proscribed. This multiplication and  
               particularization of criminal behavior creates increasing  
               complexity without commensurate benefit.

               Over the last several decades, California's criminal code  
               has grown to more than 5,000 separate provisions, covering  
               almost every conceivable form of human misbehavior. During  
               the same period, our jail and prison populations have  
               exploded.

               Before we keep going down this road, I think we should  
               pause and reflect on how our system of criminal justice  
               could be made more human, more just and more  
               cost-effective.

          ASSEMBLY FLOOR:  46-30, 9/8/15
          AYES:  Alejo, Bloom, Bonilla, Bonta, Brown, Burke, Calderon,  
            Campos, Chau, Chiu, Chu, Cooper, Dababneh, Daly, Dodd, Eggman,  
            Cristina Garcia, Eduardo Garcia, Gatto, Gipson, Gomez,  








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            Gonzalez, Gordon, Roger Hernández, Holden, Irwin,  
            Jones-Sawyer, Levine, Lopez, Low, McCarty, Medina, Mullin,  
            Nazarian, O'Donnell, Quirk, Rendon, Ridley-Thomas, Santiago,  
            Mark Stone, Thurmond, Ting, Weber, Williams, Wood, Atkins
          NOES:  Achadjian, Travis Allen, Baker, Bigelow, Brough, Chang,  
            Dahle, Frazier, Beth Gaines, Gallagher, Gray, Grove, Hadley,  
            Harper, Jones, Kim, Lackey, Linder, Maienschein, Mathis,  
            Mayes, Melendez, Obernolte, Olsen, Patterson, Salas,  
            Steinorth, Wagner, Waldron, Wilk
          NO VOTE RECORDED:  Chávez, Cooley, Perea, Rodriguez


          Prepared by:Jessica  Devencenzi / PUB. S. / 
          11/4/15 13:34:18


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