BILL ANALYSIS Ó
SENATE COMMITTEE ON APPROPRIATIONS
Senator Ricardo Lara, Chair
2015 - 2016 Regular Session
SB 566 (Bates) - Firearms
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|Version: April 21, 2015 |Policy Vote: PUB. S. 1 - 4, |
| | PUB. S. 6 - 0, PUB. |
| | S. 7 - 0 |
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|Urgency: No |Mandate: No |
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|Hearing Date: May 11, 2015 |Consultant: Jolie Onodera |
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This bill meets the criteria for referral to the Suspense File.
Bill
Summary: SB 566 would reduce the firearm safety certificate
(FSC) fee and the FSC renewal fee for honorably discharged
members of the United States Armed Forces, the National Guard,
the Air National Guard, or the active reserve components of the
United States, as specified.
Fiscal
Impact: Annual ongoing loss of Department of Justice (DOJ)
revenue to the Firearms Safety and Enforcement Special Fund
(FSESF) potentially in the range of $150,000 to $750,000,
assuming 30,000 to 150,000 (range of 2 to 10 percent) honorably
discharged members receive or renew a FSC.
Background: Current law provides that no person shall purchase or receive
any firearm, except an antique firearm, without a valid FSC,
SB 566 (Bates) Page 1 of
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except that in the case of a handgun, an unexpired handgun
safety certificate (HSC) may be used. Applicants must pass a
written test that encompasses the laws and responsibilities
applicable to the carrying, handling, sale, transfer, and safe
storage of firearms, as well as the risks associated with
bringing firearms into the home. The DOJ develops the FSC to be
issued by instructors certified by the DOJ, to individuals who
have complied with specified requirements. The FSC expires five
years after the date of issuance.
Prior to 2001, all honorably discharged veterans were exempted
from obtaining a Basic Firearms Safety Certificate. SB 52
(Scott) Chapter 942/2001 repealed the Basic Firearms Safety and
Certificate Program and replaced it with the Handgun Safety
Licensing Program which narrowed the exemptions for obtaining a
HSC, now FSC, to honorably retired members of the military.
Proposed Law:
This bill would reduce the FSC fee and FSC renewal fee a
certified instructor may charge an honorably discharged member,
as defined, from $25 to $15, and would reduce the amount of the
fee to be paid to the DOJ from $15 to $10.
This bill would define "honorably discharged member" as an
honorably discharged member of the United States Armed Forces,
the National Guard, the Air National Guard, or the active
reserve components of the United States, who has received a
United States Department of Defense certificate of release or
discharge from active duty, DD Form 214, indicating a discharge
under honorable conditions.
Prior
Legislation: SB 683 (Block) Chapter 761/2013 extends the safety
certificate requirement for handguns to all firearms and
requires the performance of a safe handling demonstration to
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receive a long gun.
SB 1422 (Anderson) 2012 was identical to this measure. This bill
was held on the Suspense File of this Committee.
SB 404 (Anderson) 2011 would have exempted honorably discharged
members of the military from HSC requirements. This bill failed
passage in the Senate Committee on Public Safety.
AB 2609 (Anderson) 2010 would have exempted honorably discharged
members, instead of honorably retired members from HSC
requirements. This bill failed passage in the Assembly Committee
on Public Safety.
AB 2152 (Neilson) 2010 would have exempted honorably discharged
members from HSC requirements. This bill failed passage in the
Assembly Committee on Public Safety.
AB 201 (Samuelian) 2004 would have exempted honorably discharged
members from HSC requirements. This bill failed passage in the
Assembly Committee on Public Safety.
AB 2081 (Briggs) 2002 would have exempted honorably discharged
members from HSC requirements. This bill failed passage in the
Assembly Committee on Public Safety.
SB 1615 (Johannessen) 2002 would have exempted honorably
discharged members from HSC requirements. This bill was
introduced but not heard in the Senate Committee on Public
Safety.
SB 52 (Scott) Chapter 942/2001 repealed the Basic Firearms
Safety and Certificate Program and replaced it with the more
stringent Handgun Safety Licensing Program, which narrowed the
exemption for military personnel to include only honorably
retired veterans.
Staff
Comments: The provisions of this bill will result in a loss of
revenue to the Firearms Safety and Enforcement Special Fund of
$5 per honorably discharged member who receives a new or renewed
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FSC. The Department of Veterans Affairs has indicated there are
approximately two million veterans living in California. It is
estimated that the number of honorably discharged veterans may
be in the range of 1.5 million individuals, and the number of
veterans exempted under current law as "honorably retired" is
expected to be minimal.
It is unknown how many honorably discharged members in any one
year receive or renew a FSC. The DOJ indicates the number of
FSCs issued is not tracked as the issuance is handled by
dealers. If two percent (30,000 veterans) of honorably
discharged members receive a new or renewed FSC per year, lost
revenue to the DOJ would be $150,000 (FSESF). If ten percent or
150,000 veterans applied for or renewed their FSCs in any one
year, lost revenue would equate to $750,000 (FSESF). There could
be a minor offset to potential revenue loss to the extent a
number of honorably discharged veterans attain a FSC who
otherwise would not have obtained a FSC under existing law.
However, given the existing fee amount of $25 and the minimal
difference in the proposed fee amount, this impact is estimated
to be minor.
The FSESF had a reserve balance of $11.3 million at the end of
Fiscal Year (FY) 2013-14. The FYs 2014-15 and 2015-16 reserve
balances are projected at nearly $14.8 million and $18.3
million, respectively.
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