BILL ANALYSIS                                                                                                                                                                                                    Ó



          SENATE COMMITTEE ON PUBLIC SAFETY
                             Senator Loni Hancock, Chair
                                2015 - 2016  Regular 

          Bill No:    SB 566        Hearing Date:    April 14, 2015    
          
           ----------------------------------------------------------------- 
          |Author:    |Bates                                                |
          |-----------+-----------------------------------------------------|
          |Version:   |February 26, 2015                                    |
           ----------------------------------------------------------------- 
           ----------------------------------------------------------------- 
          |Urgency:   |No                     |Fiscal:    |No               |
           ----------------------------------------------------------------- 
           ----------------------------------------------------------------- 
          |Consultant:|JRD                                                  |
          |           |                                                     |
           ----------------------------------------------------------------- 


                       Subject:   Firearms Safety Certificate



          HISTORY

          Source:   Author

          Prior Legislation: SB 683 (Block)-2013, Chap. 761, Stats. 2013
                       SB 1422 (Anderson)-2012, held in Senate  
          Appropriations
                       SB 404 (Anderson) - 2011, died in Senate Public  
          Safety
                       AB 2609 (Anderson) - 2010, failed passage in  
                       Assembly Public Safety
                       AB 2152 (Neilson) - 2010, failed passage in  
          Assembly Public Safety
                       AB 201 (Samuelian) - 2004, failed passage in  
          Assembly Public Safety
                                 AB 2081 (Briggs) - 2002, failed passage  
                    in Assembly Public Safety
                                 SB 1615 (Johannessen) - 2002, died in  
                    Senate Public Safety
                       SB 52 (Scott) - Chap. 942, Stats. 2001
                                 SB 731 (Thompson) - Chap. 6, Stats. 1992

          Support:  American Legion-Department of California;  
                    AMVETS-Department of California; California Associate  
                    of County Veterans Services Officers; California Rifle  








          SB 566  (Bates )                                          PageB  
          of?
          
                    and Pistol Association, Inc.; Gun Owners of  
                    California; Military Officers Association-California  
                    Council of Chapters; Veterans of Foreign  
                    Wars-Department of California; Vietnam Veterans of  
                    America-California State Council  

          Opposition:The California Chapters of the Brady Campaign to  
                    Prevent Gun Violence; Law Center to Prevent Gun  
                    Violence
           
          PURPOSE
          
          The purpose of this bill is to expand the exemption from the  
          firearm safety certificate requirement that currently applies to  
          any active or honorably retired member of the military, as  
          specified, to include any honorably discharged member of the  
          military, as specified.

           Existing law provides that no person shall do either of the  
          following:

                 Purchase or receive any firearm, except an antique  
               firearm, without a valid firearm safety certificate, except  
               that in the case of a handgun, an unexpired handgun safety  
               certificate may be used.
                 Sell, deliver, loan, or transfer any firearm, except an  
               antique firearm, to any person who does not have a valid  
               firearm safety certificate, except that in the case of a  
               handgun, an unexpired handgun safety certificate may be  
               used.

          Any person who violates either of these provisions is guilty of  
          a misdemeanor, punishable by up to 6 months in county jail, a  
          fine of up to $1,000, or both.  

          (Penal Code § 31615.)

          Existing law requires the license applicant to complete and pass  
          a written test prescribed by the Department of Justice (DOJ) and  
          administered by an instructor certified by DOJ.  The test shall  
          include:

                 The laws applicable to carrying and handling firearms,  
               particularly handguns;









          SB 566  (Bates )                                          PageC  
          of?
          
                 The responsibilities of ownership of firearms,  
               particularly handguns;
                 Current law as it relates to the sale and transfer of  
               firearms laws;
                 Current law as it relates to the permissible use of  
               lethal force; 
                 What constitutes safe firearm storage;
                 Risks associated with bringing firearms into the home;  
               and,
                 Prevention strategies to address issues associated with  
               bringing firearms into the home.

          (Penal Code § 31640.)

          Existing law states that an applicant for a firearm safety  
          certificate who successfully passes the test, with a passing  
          grade of at least 75 percent, shall immediately be issued a  
          firearm safety certificate by the instructor.  (Penal Code §  
          31645.)

          Under existing law a certified instructor may charge a fee of  
          twenty-five dollars for the firearms safety certificate, fifteen  
          dollars of which must be paid to DOJ.  (Penal Code § 31650.)

          Existing law provides that DOJ is required to develop firearm  
          safety certificates to be issued by certified instructors to  
          those persons who have complied with specified requirements.  A  
          firearm safety certificate shall include, but not be limited to,  
          the following information:

                 A unique firearm safety certificate identification  
               number;
                 The holder's full name;
                 The holder's date of birth;
                 The holder's driver's license or identification number;
                 The holder's signature;
                 The signature of the issuing instructor; and,
                 The date of issuance.

          The firearm safety certificate expires five years after the date  
          that it was issued by the certified instructor.  (Penal Code §  
          31655.)
           
           Existing law exempts the following persons from having to obtain  









          SB 566  (Bates )                                          PageD  
          of?
          
          a firearm safety certificate in order to purchase a firearm: 

                 Any active or honorably retired peace officer;
                 Any active or honorably retired federal officer or law  
               enforcement agent;
                 Any reserve peace officer;

                 Any person who has successfully completed the course of  
               training specified in Section 832;
                 A licensed firearms dealer, who is acting in the course  
               and scope of that person's licensed activities, as  
               specified;
                 A federally licensed collector who is acquiring or being  
               loaned a firearm that is a curio or relic, who has a  
               current certificate of eligibility issued by DOJ;
                 A person to whom a firearm is being returned, where the  
               person receiving the firearm is the owner of the firearm;
                 A family member of a peace officer or deputy sheriff  
               from a local agency, as specified;
                 Any individual who has a valid concealed weapons permit;
                 An active or honorably retired member of the United  
               States Armed Forces, the National Guard, the Air National  
               Guard, or the active reserve components of the United  
               States, where individuals in those organizations are  
               properly identified;  
                 Any person who is authorized to carry loaded firearms,  
               as specified; and,
                 Persons who are the holders of a special weapons permit  
               issued by DOJ.

          (Penal Code § 31700(a).)

          Existing law exempts a person who takes title or possession of a  
          firearm by operation of law in a representative capacity from  
          the firearm safety certificate requirements.  (Penal Code §  
          31700(b).)

          Existing law states that a person, validly identified, who has  
          been issued a valid hunting license that is unexpired or that  
          was issued for the hunting season immediately preceding the  
          calendar year in which the person takes title of possession of a  
          firearm is exempt from the firearm safety certificate  
          requirement, except as to handguns.  (Penal Code § 31700(c).)  
           









          SB 566  (Bates )                                          PageE  
          of?
          
          This bill would expand the exemption from the firearm safety  
          certificate requirement that currently applies to any active or  
          honorably retired member of the military, as specified, to  
          include any honorably discharged member of the military, as  
          specified.

                    RECEIVERSHIP/OVERCROWDING CRISIS AGGRAVATION
                                          
          For the past eight years, this Committee has scrutinized  
          legislation referred to its jurisdiction for any potential  
          impact on prison overcrowding.  Mindful of the United States  
          Supreme Court ruling and federal court orders relating to the  
          state's ability to provide a constitutional level of health care  
          to its inmate population and the related issue of prison  
          overcrowding, this Committee has applied its "ROCA" policy as a  
          content-neutral, provisional measure necessary to ensure that  
          the Legislature does not erode progress in reducing prison  
          overcrowding.   

          On February 10, 2014, the federal court ordered California to  
          reduce its in-state adult institution population to 137.5% of  
          design capacity by February 28, 2016, as follows:   

                 143% of design bed capacity by June 30, 2014;
                 141.5% of design bed capacity by February 28, 2015; and,
                 137.5% of design bed capacity by February 28, 2016. 


          In February of this year the administration reported that as "of  
          February 11, 2015, 112,993 inmates were housed in the State's 34  
          adult institutions, which amounts to 136.6% of design bed  
          capacity, and 8,828 inmates were housed in out-of-state  
          facilities.  This current population is now below the  
          court-ordered reduction to 137.5% of design bed capacity."(  
          Defendants' February 2015 Status Report In Response To February  
          10, 2014 Order, 2:90-cv-00520 KJM DAD PC, 3-Judge Court, Coleman  
          v. Brown, Plata v. Brown (fn. omitted).

          While significant gains have been made in reducing the prison  
          population, the state now must stabilize these advances and  
          demonstrate to the federal court that California has in place  
          the "durable solution" to prison overcrowding "consistently  
          demanded" by the court.  (Opinion Re: Order Granting in Part and  
          Denying in Part Defendants' Request For Extension of December  









          SB 566  (Bates )                                          PageF  
          of?
          
          31, 2013 Deadline, NO. 2:90-cv-0520 LKK DAD (PC), 3-Judge Court,  
          Coleman v. Brown, Plata v. Brown (2-10-14).  The Committee's  
          consideration of bills that may impact the prison population  
          therefore will be informed by the following questions:

              Whether a proposal erodes a measure which has contributed  
               to reducing the prison population;
              Whether a proposal addresses a major area of public safety  
               or criminal activity for which there is no other  
               reasonable, appropriate remedy;
              Whether a proposal addresses a crime which is directly  
               dangerous to the physical safety of others for which there  
               is no other reasonably appropriate sanction; 
              Whether a proposal corrects a constitutional problem or  
               legislative drafting error; and
              Whether a proposal proposes penalties which are  
               proportionate, and cannot be achieved through any other  
               reasonably appropriate remedy.


          COMMENTS

          1.  Need for This Legislation

          According to the Author: 
          
               California is home to the largest number of veterans,  
               with nearly 2 million living here. Some veterans are  
               discharged from the service for a wide range of  
               reasons. "Honorably discharged veterans" have the  
               highest form of discharge from the service. This means  
               that a veteran has separated from the military with  
               honor and they have met or exceeded the standards of  
               duty, performance, and personal conduct.
               
               Effective January 1, 2015, SB 683 (Block, 2013) went  
               into effect.  This measure replaced the Handgun Safety  
               Certificate program with the Firearm Safety  
               Certificate (FSC) program.  The FSC program not only  
               applies to the purchase of handguns, but now applies  
               to the purchase of all firearms (handguns and long  
               guns), unless one falls under the list of current  
               exemptions. For hand gun purchases with a valid  
               certificate, handguns may still be purchased until the  









          SB 566  (Bates )                                          PageG  
          of?
          
               certificate expires.  Long guns purchased after the  
               first of this year will now require a FSC.


               The FSC program requires a simple, multiple choice  
               test on general firearm safety.  Veterans have already  
               received many hours of firearm safety training. Most  
               firearms dealerships have the capability to give this  
               test on-site and it normally doesn't take more than a  
               few minutes to complete. This certificate does NOT  
               bypass an individual from being subject to the full  
               background check and waiting period required by law.

               According to the Attorney General's website, there are  
               seventeen exemptions from the FSC requirement, 3 of  
               which are specific to members of the military. Active  
               duty, reserve or honorably retired veterans are  
               entitled to receive this exemption and therefore do  
               not have to obtain a FSC in order to purchase a new  
               gun.  For no known reason, honorably discharged  
               members of the United States military were left off  
               the list of exemptions for veterans.

               Given the exemptions that are currently in effect for  
               the FSC program, it only makes sense to expand the  
               exemptions to include honorably discharged veterans.  
               It is important to note that SB 566 by no means  
               exempts any individual from still having to go through  
               the ENTIRE background check to purchase a firearm.   
               Full backgrounds will still take place at any licensed  
               dealer for any individual seeking to purchase a  
               firearm.  SB 566 simply seeks to include these  
               honorably discharged veterans under the same exemption  
               already allowed for active duty, reserve, or honorably  
               retired veterans.
          
          2.   History of SB 52 - Military Exemption  

          The law prior to 2001 exempted all honorably discharged veterans  
          from obtaining a Basic Firearms Safety Certificate and under the  
          new Handgun Safety Licensing Program, enacted by SB 52, that  
          exemption was narrowed to include only honorably retired  











          SB 566  (Bates )                                          PageH  
          of?
          
          veterans.<1>  Legislative history indicates that narrowing of  
          the exemption was deliberate.  

          SB 52 (Scott), Chapter 942, Statutes of 2001, repealed the Basic  
          Firearms Safety and Certificate Program and replaced that  
          program with the more stringent Handgun Safety Licensing  
          Program.  SB 52 provided that, effective January 1, 2003, no  
          person may purchase, transfer, receive, or sell a handgun  
          without a Handgun Safety Certificate (HSC).  As introduced, SB  
          52 contained no exemption for retired or discharged veterans.   
          SB 52 was amended April 5, 2001 to include an exemption to the  
          HSC requirement for active military and military reserve  
          personnel.  SB 52 was amended again on June 4, 2001 and added  
          honorably retired members of the military to the military  
          exemption provision.  The much broader category of all honorably  
          discharged members of the military was never included in the  
          military exemption contained in SB 52.  

          WAS THE NARROWING OF THE VETERANS EXEMPTION FROM THE HANDGUN  
          SAFETY LICENSING PROGRAM INTENTIONAL?

          3.   Does Military Service Obviate the Need for a Firearm Safety  
          Certificate?
          
          All firearms purchasers in California, with limited exception,  
          are required to complete and pass a written test prescribed by  
          the DOJ and administered by an instructor certified by DOJ.  The  
          test must include:

                 The laws applicable to carrying and handling firearms,  
               particularly handguns;
                 The responsibilities of ownership of firearms,  
               particularly handguns;

                 Current law as it relates to the sale and transfer of  
               firearms laws;
                 Current law as it relates to the permissible use of  
               lethal force; 
                 What constitutes safe firearm storage;
                 Risks associated with bringing firearms into the home;  
               and,
                 Prevention strategies to address issues associated with  


             --------------------------
          <1> Senate Bill 683 (Block, of 2013) extended to the handgun  
          safety certificate requirements to all firearms.  








          SB 566  (Bates )                                          PageI  
          of?
          
               bringing firearms into the home.

          (Penal Code § 31640.)

          As required by the Penal Code, DOJ includes questions about  
          California firearm laws.  Sample questions taken from the  
          Firearm Safety Certificate Study Guide include: 

               To legally give a firearm to your best friend as a  
               birthday gift, you must complete the transfer of the  
               firearm through a licensed firearms dealer. 

               True [or] False

               It is illegal to lend a firearm to a minor without the  
               permission of the minor's parent or legal guardian. 

               True [or] False

          (http://oag.ca.gov/sites/all/files/agweb/pdfs/firearms/forms/hscs 
          g.pdf) 

          While members of the military are trained in the use of  
          firearms, members may wish to consider whether that training  
          could reasonably be expected to include the same subjects  
          covered in firearms safety certificate testing.  

          DOES MILITARY TRAINING IN THE USE OF FIREARMS INCLUDE THE SAME  
          SUBJECTS AS CALIFORNIA'S FIREARM SAFETY CERTIFICATE TESTING? 

          4.Prior Legislation
          
          SB 404 (Anderson) of the 2011-2012 Legislative Session,  
          similarly would have exempted honorably discharged veterans from  
          having to obtain a HSC in order to purchase a handgun.  SB 404  
          was not heard by the Senate Public Safety Committee.

          AB 2152 (Nielsen) of the 2009-2010 Legislative Session,  
          similarly would have exempted honorably discharged veterans from  
          having to obtain a HSC in order to purchase a handgun.  AB 201  
          failed passage in the Assembly Public Safety Committee.

          AB 2609 (Anderson), of the 2009-2010 Legislative Session,  
          similarly would have exempted honorably discharged veterans from  









          SB 566  (Bates )                                          PageJ  
          of?
          
          having to obtain a HSC in order to purchase a handgun.  AB 201  
          failed passage in the Assembly Public Safety Committee.

          AB 201 (Samuelian), of the 2003-2004 Legislative Session,  
          similarly would have exempted honorably discharged veterans from  
          having to obtain a HSC in order to purchase a handgun.  AB 201  
          failed passage in the Assembly Public Safety Committee.

          AB 2081 (Briggs), of the 2001-2002 Legislative Session,  
          similarly would have exempted honorably discharged veterans from  
          having to obtain a HSC in order to purchase a handgun.  AB 2081  
          failed passage in the Assembly Public Safety Committee.

          SB 1615 (Johannessen), of the 2001-2002 Legislative Session,  
          would have similarly exempted honorably discharged veterans from  
          having to obtain a HSC in order to purchase a handgun.  SB 1615  
          was not heard by the Senate Public Safety Committee.

          5.  Argument in Opposition
          
          The California Chapters of the Brady Campaign to Prevent Gun  
          Violence state: 

            Currently, active duty military and retired military  
            personnel are exempt from obtaining a Firearm Safety  
            Certificate.  Senate Bill 566 would further exempt  
            honorably discharged veterans from the Firearm Safety  
            Certificate requirement. An essentially identical bill  
            relating to the former Handgun Safety Certificate was  
            introduced in 2011 by Senator Joel Anderson as SB 404.   
            That bill failed passage in the Senate Public Safety  
            Committee.  Similar bills were also introduced in the  
            Assembly in 2010 by then Assembly Members Anderson (AB  
            2609) and Nielsen (AB 2152).  Both of these bills also  
            failed in the Assembly Public Safety Committee.

            The presumed rationale for SB 566 is that veterans  
            receive firearms training in the military and therefore  
            the material covered by the Firearm Safety Certificate  
            would be redundant.  Military training, however, does  
            not cover the subject areas listed above and therefore  
            does not substitute for a Firearm Safety Certificate.   
            Further, many who serve in the military do not occupy  
            positions that require the handling and use of firearms.  









          SB 566  (Bates )                                          PageK  
          of?
          
             To exempt a veteran from the Firearm Safety Certificate  
            would be the same as exempting a veteran from having to  
            obtain a driver's license on the grounds that they once  
            drove motor vehicles while in the military.
                                          


                                      -- END -