BILL ANALYSIS                                                                                                                                                                                                    Ó



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

          Bill No:    SB 894        Hearing Date:    April 19, 2016    
          
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          |Author:    |Jackson                                              |
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          |Version:   |January 21, 2016                                     |
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          |Urgency:   |No                     |Fiscal:    |Yes              |
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          |Consultant:|JD/ML                                                |
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                    Subject:  Firearms:  Lost or Stolen:  Reports



          HISTORY

          Source:   Author

          Prior Legislation:SB 299 (DeSaulnier) - (2013) Vetoed
                           SB 1366 (DeSaulnier) - (2012) Vetoed
                           AB 334 (Levine) - (2007), amended into  
            unrelated bill
                           AB 86 (Levine) - Chapter 167, Statutes of 2006
                           SB 59 (Lowenthal) - (2004), amended into  
            unrelated bill
                           AB 131 (Ortiz) - (1997), amended into unrelated  
            bill 

          Support:  American Academy of Pediatrics, California; California  
                    American College of Emergency Physicians; California  
                    Chapters of the Brady Campaign to Prevent Gun  
                    Violence; California Academy of Family Physicians;  
                    City of Santa Barbara, Office of Mayor; City of Santa  
                    Barbara, Police Department; Courage Campaign; Holman  
                    United Methodist Church; International Health &  
                    Epidemiology Research Center; Jewish Labor Committee  
                    Western Region; Law Center to Prevent Gun Violence;  
                    Los Angeles County Sheriff's Department; Physicians  
                    for Social Responsibility Sacramento Chapter;  








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                    Physicians for Social Responsibility San Francisco Bay  
                    Area Chapter; Violence Prevention Coalition of Greater  
                    Los Angeles; Violence Prevention Coalition of Orange  
                    County; Women Against Gun Violence; Youth Alive!; one  
                    individual

          Opposition:California Rifle and Pistol Association; The  
                    California Sportsman's Lobby, Inc.; Firearms Policy  
                    Coalition; Gun Owners of California; Outdoor  
                    Sportsmen's Coalition of California; Mono County  
                    Deputy Sheriff's Association; National Rifle  
                    Association; Safari Club International; and several  
                    individuals

                     
          PURPOSE

          The purpose of this bill is to: (1) require that owners and  
          possessors of firearms report the theft or loss of a firearm to  
          local law enforcement agency within 5 days of the time they knew  
          or reasonably should have known that the firearm had been stolen  
          or lost, subject to infraction and misdemeanor penalties, as  
          specified; (2) require firearms dealers to post notice of this  
          requirement within their licensed premises, as specified; and  
          (3) provide that these reporting provisions do not preclude or  
          preempt a local ordinance that imposes additional penalties or  
          requirements in regard to reporting the theft or loss of a  
          firearm.
                                          
          Existing law provides that persons licensed to make, import,  
          collect, or deal in firearms are required to report the loss or  
          theft of firearms they possess, to a law enforcement agency.   
          For example, Penal Code section 26885 requires licensed dealers  
          to report losses within 48 hours and Penal Code section 29115(a)  
          requires licensed firearms manufacturers - whether of handguns  
          or long guns - to report the loss or theft of firearms within 48  
          hours to specified law enforcement agencies.

          Existing law provides that the sale, loan or transfer of  
          firearms in almost all cases must be processed by, or through, a  
          state licensed dealer or a local law enforcement agency with  
          appropriate transfer forms being used.  (Penal Code §§ 26500,  
          27545.)  In those cases where dealer or law enforcement  
          processing is not required, a handgun change of title report  
          must still be sent to the Department of Justice (DOJ).  (Penal  








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          Code § 27920.)

          Existing law provides that, on request, DOJ will register  
          transactions relating to handguns in the Automated Firearm  
          System Unit for persons who are exempt from dealer processing or  
          are otherwise exempt by statute from reporting processes.   
          (Penal Code § 28000.)

          Existing law requires handguns to be centrally registered at  
          time of transfer or sale due to various transfer forms centrally  
          compiled by the DOJ.  DOJ is required to keep a registry from  
          data sent to DOJ indicating who owns what handgun by make,  
          model, and serial number and the date thereof.  (Penal Code §  
          11106(a) and (c).)  After 2017, this registry will include data  
          on ownership of long guns, as well as handguns.  (Chap. 745,  
          Stats. of 2011.)  Law enforcement agencies must promptly report  
          to DOJ all reports they receive of lost, stolen, and found  
          property.  (Penal Code §§ 11107, 11108.)  DOJ must keep a  
          centralized and computerized list of all lost, stolen, and found  
          serialized property reported to it.  (Penal Code § 11106(a).)

          Existing law provides that in addition to the requirements of  
          Section 11108 that apply to a local law enforcement agency's  
          duty to report to the DOJ the recovery of a firearm, a police or  
          sheriff's department shall, and any other law enforcement agency  
          or agent may, report to the department in a manner determined by  
          the AG in consultation with the Bureau of Alcohol, Tobacco,  
          Firearms and Explosives all available information necessary to  
          identify and trace the history of all recovered firearms that  
          are illegally possessed, have been used in a crime, or are  
          suspected of having been used in a crime.  In addition, any law  
          enforcement agency or agent may report to the Attorney General  
          pursuant to this section all information pertaining to any  
          firearm taken into custody, except where the firearm has been  
          voluntarily placed with the law enforcement agency for storage.   
          (Penal Code § 11108.3.)

          Existing law requires that a "personal handgun importer" - a  
          person in lawful possession of a handgun who moves to California  
          after January 1, 1998 - shall either report that ownership to  
          the Department of Justice within 60 days or shall otherwise  
          dispose of the handgun, as specified.  (Penal Code §§ 17000(a),  
          27560.)

          Existing law provides that if any weapon has been stolen and is  








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          thereafter recovered from the thief or his or her transferee, or  
          is used in such a manner as to constitute a nuisance because it  
          was unlawfully carried or used without the prior knowledge of  
          its lawful owner that it would be so used, it shall be restored  
          to the lawful owner, as soon as its use as evidence has been  
          completed.  The lawful owner must identify the weapon and  
          provide proof of ownership.  (Penal Code § 18005(b).)

          Existing law requires that any person seeking the return of a  
          firearm in the custody or control of a court or law enforcement  
          agency must submit specified information, including for handguns  
          the firearm's make, model, caliber, barrel length, handgun type,  
          country of origin, and serial number.  If the firearm has been  
          reported lost or stolen to a law enforcement agency, as  
          specified, the agency shall notify the owner or person entitled  
          to possession of the firearm.  The person seeking return of the  
          firearm shall be subject to a background check, as specified.   
          (Penal Code §§ 33850, 33855.)

          Existing law excludes from the definition of "firearm,"  
          for a number of provisions of law, an unloaded "antique  
          firearm" and uses the federal definition of that term.   
          (Penal Code § 16170.)

          Existing law requires licensed firearms dealers to post  
          specified warnings in a conspicuous place on their premises,  
          such as a warning about penalties for leaving a loaded firearm  
          where a child obtains it.  (Penal Code § 26835.)

          Existing law pertaining to the "criminal storage" of firearms -  
          both handguns and rifles and shotguns - makes it a crime to  
          store firearms negligently and where a child (person under 18  
          years of age) gains access to the firearm(s), as specified.   
          (Penal Code §§ 25100, et seq.)

          Existing law provides that every person is responsible, not only  
          for the result of his or her willful acts, but also for an  
          injury occasioned to another by his or her want of ordinary care  
          or skill in the management of his or her property or person,  
          except so far as the latter has, willfully or by want of  
          ordinary care, brought the injury upon himself or herself.  The  
          design, distribution, or marketing of firearms and ammunition is  
          not exempt from the duty to use ordinary care and skill that is  
          required by this section.  (Civil Code § 1714.)









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          Existing law provides that civil liability for any injury to the  
          person or property of another proximately caused by the  
          discharge of a firearm by a minor under the age of 18 years  
          shall be imputed to a parent or guardian having custody and  
          control of the minor for all purposes of civil damages, and such  
          parent or guardian shall be jointly and severally liable with  
          such minor for any damages resulting from such act, if such  
          parent or guardian either permitted the minor to have the  
          firearm or left the firearm in a place accessible to the minor;  
          the liability imposed by this section is in addition to any  
          liability otherwise imposed by law.  However, no person, or  
          group of persons collectively, shall incur liability under this  
          section in any amount exceeding $30,000 for injury to or death  
          of one person as a result of any one occurrence or, subject to  
          the limit as to one person, exceeding $60,000 for injury to or  
          death of all persons as a result of any one such occurrence.   
          (Civil Code § 1714.3.)

          Existing law provides that no person shall make an application  
          to purchase more than one handgun within any 30-day period.   
          (Penal Code § 27535(a).)  However, an exemption to that  
          restriction applies to the replacement of a handgun when the  
          person's handgun was lost or stolen, and the person reported  
          that firearm lost or stolen prior to the completion of the  
          application to purchase to any local law enforcement agency of  
          the city, county, or city and county in which the person  
          resides.  (Penal Code § 27535(b) (11).)

          This bill would require that, beginning January 1, 2017, every  
          person must report the theft or loss of a firearm he or she owns  
          or possesses to a local law enforcement agency in the  
          jurisdiction in which the theft or loss occurred within 5 days  
          of the time he or she knew or reasonably should have known that  
          the firearm had been stolen or lost.

          This bill provides that, for purposes of this requirement, a  
          "firearm" includes the frame or receiver of the weapon.

          This bill provides that, for purposes of this requirement, a  
          "firearm" does not include an unloaded antique firearm.

          This bill would also require that every person who has reported  
          a firearm lost or stolen, as required above, shall notify the  
          local law enforcement agency in the jurisdiction in which the  
          theft or loss occurred within 48 hours if the firearm is  








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          subsequently recovered by the person.

          This bill provides that a violation of either of the above  
          provisions would be, for a first violation, an infraction  
          punishable by a fine not to exceed $100. A second violation  
          would be an infraction, punishable by a fine not exceeding  
          $1,000. A third or subsequent violation would be a misdemeanor,  
          punishable by imprisonment in a county jail not exceeding six  
          months, or by a fine not exceeding $1,000, or by both that fine  
          and imprisonment.

          This bill requires that every person reporting a lost or stolen  
          firearm shall report the make, model, and serial number of the  
          firearm, if known by the person.

          This bill provides that, beginning January 1, 2017, no person  
          shall report to a local law enforcement agency that a firearm  
          has been lost or stolen, knowing the report to be false. A  
          violation is an infraction, punishable by a fine not exceeding  
          two hundred fifty dollars for a first offense, and by a fine not  
          exceeding one thousand dollars for a second or subsequent  
          offense.

          This bill would require firearms dealers to conspicuously post  
          within the licensed premises the following warnings in block  
          letters not less than one inch in height: "IF A FIREARM YOU OWN  
          OR POSSESS IS LOST OR STOLEN, YOU MUST REPORT THE LOSS OR THEFT  
          TO A LOCAL LAW ENFORCEMENT AGENCY WHERE THE LOSS OR THEFT  
          OCCURRED WITHIN 5 DAYS OF THE TIME YOU KNEW OR REASONABLY SHOULD  
          HAVE KNOWN THAT THE FIREARM HAD BEEN LOST OR STOLEN."

          This bill provides that the lost or stolen firearm reporting  
          requirement shall not apply to:

                 Any law enforcement agency or peace officer acting  
               within the course and scope of his or her employment or  
               official duties, if he or she reports the loss or theft to  
               his or her employing agency.
                 Any United States Marshal or member of the Armed Forces  
               of the United States or the National Guard, while engaged  
               in his or her official duties.
                 Any federally licensed firearms dealer or manufacturer,  
               as specified, who reports the theft or loss in accordance  
               with specified federal law, or the successor thereto, and  
               the applicable regulations.








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                 Any person whose firearm was lost or stolen prior to  
               January 1, 2017.

          This bill would provide that its provisions would "not preclude  
          or preempt a local ordinance that imposes additional penalties  
          or requirements in regard to reporting the theft or loss of a  
          firearm."




                    RECEIVERSHIP/OVERCROWDING CRISIS AGGRAVATION

          For the past several 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 December of 2015 the administration reported that as "of  
          December 9, 2015, 112,510 inmates were housed in the State's 34  
          adult institutions, which amounts to 136.0% of design bed  
          capacity, and 5,264 inmates were housed in out-of-state  
          facilities.  The current population is 1,212 inmates below the  
          final court-ordered population benchmark of 137.5% of design bed  
          capacity, and has been under that benchmark since February  
          2015."  (Defendants' December 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).)  One  
          year ago, 115,826 inmates were housed in the State's 34 adult  
          institutions, which amounted to 140.0% of design bed capacity,  
          and 8,864 inmates were housed in out-of-state facilities.   








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          (Defendants' December 2014 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 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  
          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 Bill
          
          According to the author:

               Currently, ten states, the District of Columbia, and  
               nine cities in California require firearm owners to  








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               report to law enforcement when their firearms are lost  
               or stolen.  The State of California does not.

               Under current law, firearms dealers and manufacturers  
               must report any lost or stolen firearms within 48  
               hours, and local law enforcement must enter reports of  
               lost or stolen firearms into the state's Automated  
               Property System database.  However, firearm owners  
               whose guns are lost or stolen are not required to do  
               anything. As a result, law enforcement efforts to  
               investigate gun crimes and disarm dangerous criminals  
               are significantly hindered.

               The public overwhelmingly supports laws requiring the  
               reporting of lost or stolen firearms. A nationwide  
               poll in 2011 found that 94% of Americans surveyed,  
               including 94% of gun owners, favor laws to require the  
               reporting of lost or stolen firearms.

               SB 894 requires that, beginning January 1, 2017, every  
               person whose firearm is lost or stolen must notify  
               local law enforcement within 5 days of the time the  
               person knew or reasonably should have known that the  
               firearm had been lost or stolen.

               The reporting of lost or stolen firearms will bring  
               several critical improvements to public safety in  
               California. 

               1)     Fight Gun Trafficking

               When a crime gun is traced by law enforcement to the  
               last known purchaser, that person may falsely claim  
               that the gun was lost or stolen to hide his or her  
               involvement in the crime or in gun trafficking. A  
               reporting law would provide a tool for law enforcement  
               to detect firearms trafficking and prosecute "straw  
               purchasers," individuals who buy firearms on behalf of  
               criminals who are prohibited from possessing guns.

               An analysis by Mayors Against Illegal Guns - a  
               nationwide coalition of over 600 mayors - found that  
               states without mandatory lost or stolen reporting laws  
               export two and a half times more crime guns across  
               state lines than jurisdictions with such laws.   








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               Similarly, researchers from the Johns Hopkins Center  
               for Gun Policy and Research found that state laws  
               requiring the reporting of lost or stolen firearms  
               were associated with crime gun export rates that were  
               43 percent lower than in states that lacked this  
               policy. 




               2)     Get Guns Away from Prohibited Persons

               Mandatory reporting of lost or stolen firearms would  
               enhance the California Department of Justice's efforts  
               to remove firearms from convicted criminals and others  
               identified in the state's Armed and Prohibited Persons  
               System (APPS) database. Currently, these individuals,  
               who own firearms but are prohibited from possessing  
               them, may falsely claim that their illegally-possessed  
               firearms were lost or stolen. Moreover, with a  
               reporting requirement, the APPS program will be more  
               efficient since law enforcement resources would not be  
               wasted on attempts to recover guns that have been  
               reported lost or stolen. 

               3)     Notify Law Enforcement about Missing Firearms

               A reporting requirement would alert law enforcement to  
               the existence of guns stolen by criminals in their  
               communities. It would also make it easier for law  
               enforcement to return lost or stolen firearms to their  
               rightful owners. A 2007 report by the International  
               Association of Chiefs of Police recommended that state  
               and local governments mandate reporting of lost or  
               stolen firearms. The IACP report concluded that, "law  
               enforcement's early awareness of every lost and stolen  
               gun will enhance their ability to recover those guns  
               and reduce gun violence."

          2.  Does the Bill Violate the Fifth Amendment?
          
          This bill raises the issue of whether it could violate the Fifth  
          Amendment right against self-incrimination to require a person  
          to report the loss or theft of a firearm that the person  
          obtained or possessed illegally.  In Marchetti v. United States  








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          (1968) 390 U.S. 39, the United States Supreme Court granted an  
          individual who was charged with failing to comply with a  
          gambling registration tax statute a defense from prosecution  
          based on the Fifth Amendment.  In Marchetti, however, the  
          gambling statute was written in such a manner that the only  
          persons required to comply with the statute were those engaged  
          in illegal gambling activities.  As such, the statute was  
          designed to ferret out and cause the prosecution of illegal  
          gambling through an ostensible tax scheme.  

          This bill, by contrast, would require "Commencing January 1,  
          2017, every person shall report the theft or loss of a firearm  
          he or she owns or possesses to a local law enforcement agency in  
          the jurisdiction in which the theft or loss occurred within 5  
          days of the time he or she knew or reasonably should have known  
          that the firearm had been stolen or lost."  Both those in lawful  
          possession of the handgun and those not in lawful possession  
          would be required to make the report or be subject to an  
          infraction on the first offense and a misdemeanor for subsequent  
          offenses.  The requirement also does not differentiate between  
          circumstances of the theft or loss, whether the weapon was  
          stolen while carried illegally, for example, versus whether the  
          weapon was lawfully stored at the person's residence.   
          Therefore, because the statute does not appear to be designed to  
          identify persons who are in illegal possession of a handgun  
          before it was lost or stolen, there would not appear to be any  
          Fifth Amendment defense to failure to comply.

          3.  Mandating Reporting of Lost and Stolen Firearms
          
          In 2007, the International Association of Chiefs of Police held  
          a summit on gun violence.  The report issued following that  
          summit states: 
               Nearly 30,000 American lives are lost to gun violence  
               each year-a number far higher than in any other  
               developed country.  Two to three times that many  
               suffer non-fatal injuries.  Since 1963, more Americans  
               died by gunfire than perished in combat in the whole  
               of the 20th century (statistics cited in Private Guns,  
               Public Health, University of Michigan Press, 2004).   
               And the overall impact goes much farther.  Gun  
               violence reaches across borders and jurisdictions and  
               compromises the safety of everyone along the way.   
               (International Association of Chiefs of Police, Taking  
               a Stand: Reducing Gun Violence in Our Communities  








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               (Sept. 2007), at page 8.   
               http://www.theiacp.org/LinkClick.aspx?fileticket=%2Fs0L 
               iOkJK5Q %3D&tabid=87.)

          The report discusses the causes of gun violence and makes  
          several specific recommendations.  Many of the recommendations  
          are already state law in California such as a ban on  
          military-style assault weapons, mandating safe storage and  
          trigger-lock devices, and requiring all firearms transfers to  
          take place through a licensed dealer.  One recommendation  
          contained in the report that is not currently required under  
          state law in California is the reporting of all lost and stolen  
          firearms.  The report states:

               State and local governments should mandate the  
               reporting of lost and stolen firearms, and federal law  
               in this area should be tightened.

               The federal government has already taken steps to  
               protect citizens against the criminal misuse of lost  
               and stolen guns.  As of 1994, federal law requires  
               FFLs to report their lost and stolen guns to ATF and  
               local law enforcement within 48 hours of discovering  
               that the gun is missing.  This law should be  
               strengthened to ensure that dealers keep track of  
               their inventories by requiring them to report missing  
               firearms within 5 days after they know or should know  
               that the gun is missing.  

               As a result of current federal policy, and in  
               particular the work of ATF's Stolen Firearms Program  
               at the National Tracing Center, many stolen guns have  
               been recovered and instances of gun violence averted.

               Every state and local government should mandate that  
               gun owners report lost and stolen guns.  Stolen guns  
               represent a major risk to the community at large,  
               because they have, by definition, entered criminal  
               hands.  Ensuring law enforcement's early awareness of  
               every lost and stolen gun will enhance their ability  
               to recover those guns and reduce gun violence.  (Id at  
               page 22.)

          Mayors Against Illegal Guns is group of over 600 mayors from  
          across the country.  In September 2010, the group published a  








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          report on the connection between gun laws and illegal interstate  
          gun trafficking.  Two findings detailed in the report were that  
          states that do not require gun owners to report lost or stolen  
          guns to police export crime guns at a rate more than two and a  
          half times greater than states that require such reporting and  
          such states are also the source of a greater proportion of short  
          "time to crime" guns.<1>

               Lost or stolen guns account for a large share of  
               firearms trafficking.  Over 150,000 firearms were  
               reported lost or stolen in 2008.  Eighty-five percent  
               of these guns were never recovered, and tens of  
               thousands more were likely never even reported.   
               Reporting lost or stolen guns to local law enforcement  
               fights illegal gun trafficking in two ways.  First, it  
               enables police to respond more rapidly to a report  
               that a gun was stolen and possibly return it to its  
               owner or track down the thieves.  Second, if a  
               trafficker or straw buyer is identified through gun  
               tracing and confronted by police, such a requirement  
               prevents them from evading responsibility by claiming  
               that the crime gun was stolen from them.  Federal law  
               requires FFLs [federally licensed dealers,  
               manufacturers or collectors] to report lost or stolen  
               guns, but this requirement does not apply to other gun  
               owners.  Currently, seven states and the District of  
               Columbia require gun owners to report lost or stolen  
               guns to local law enforcement.

               These states have an average export rate of 6.2 guns  
               per 100,000 inhabitants.  In comparison, the 43 states  
               that do not require such reporting have a crime gun  
               export rate of 16.1 guns per 100,000 inhabitants,  
               which is more than two and a half times greater than  
               the rate of states that do.  

               Furthermore, the states that do not require gun owners  
               to report lost or stolen guns are also the source of a  
               greater proportion of short TTC guns - 23.1% of guns  
               originating from these states have a short TTC, while  
               only 17.8% of guns originating from states that  
               require gun owners to report lost or stolen guns have  
               a short TTC.  (Trace the Guns - The Link Between Gun  

               ----------------------
          <1> Time-to-Crime ("TTC") measures the time between a gun's  
          initial retail sale and its recovery in a crime.







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               Laws and Interstate Gun Trafficking, A Report from  
               Mayors Against Illegal Guns, September 2010, page  
               22-23.   
               http://www.mayorsagainstillegalguns.org/downloads/pdf/t 
               race_the_guns_report.pdf.)

          4.  The Armed Prohibited Persons File
          
          Current California law requires the Attorney General to maintain  
          an online database known as the Prohibited Armed Persons File.   
          The purpose of the file is to cross-reference persons who are on  
          record as the owner of a firearm and who, subsequent to the date  
          of taking possession of that firearm, fall within a class of  
          persons who are prohibited from owning or possessing a firearm.  
          (Penal Code § 30000.)  This data base allows police to identify  
          and retrieve firearms from people who may be mentally unstable  
          or under an injunction due to allegations of domestic violence,  
          or have been convicted of a crime of violence.  However, this  
          system relies on the accuracy of firearms ownership records.   
          Because there is no requirement for firearms owners to report  
          lost or stolen firearms, these records are necessarily  
          incomplete and this makes enforcement of firearms prohibitions  
          difficult.  When police contact a prohibited person who is on  
          record as the owner of a firearm, that person can simply assert  
          that the firearm was either lost or stolen and they are under no  
          obligation to produce any evidence to support that claim.  One  
          effect of this bill would be to allow police to cite individuals  
          in this situation who claim their firearms were lost or stolen  
          but have not reported that loss.  The penalty for the first  
          offense would be a fine of up to $100.  A second offense would  
          carry a fine of up to $1,000, and any subsequent offenses would  
          be punishable as a misdemeanor, with a possible jail sentence of  
          up to six months, a fine of up to $1,000, or both. 

          


          5.Potential for Inadvertent Violation
          
          Under the reporting requirement established in this bill, a  
          violation of this law would occur by way of an omission or  
          failure to act.  As such, this could be an easy statute to  
          violate inadvertently.  For example, a person might inherit a  
          firearm, put it in a box in the attic and forget about it.   
          Later, the person's house is burglarized and the person doesn't  








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          think to look in the box in the attic where the gun was kept to  
          see if it is still there.  If it turns out the gun was stolen in  
          the burglary, the person could be in violation of this law  
          because they failed to report the theft of the gun.  The bill  
          requires gun owners to report any firearm that they knew or  
          reasonably should have known was lost or stolen within 5 days of  
          the loss.  In the above scenario, a court might well conclude  
          that the gun owner should have checked to see if the gun was  
          stolen after the burglary, that the failure to do so was  
          unreasonable, and therefore the failure to report the loss  
          resulted in a violation of this statute.  

          Imposing this reporting requirement involves something of a  
          paradigm shift in attitudes about firearm ownership.  Simply  
          put, this bill requires firearms owners to be aware of the  
          whereabouts of their firearms at all times.  While most firearms  
          owners are undoubtedly law abiding citizens, it is not clear  
          what percentage of them would report a lost or stolen gun  
          currently.  Making it a requirement to do so imposes a  
          significant new responsibility on gun owners.

          6.  Senate Bill 1366 (2012) and Senate Bill 299 (2013): Veto  
          Message

          This legislation is similar to two bills, Senate Bill 1366  
          (DeSaulnier, of 2012) and Senate Bill 299 (Desaulnier, of 2013),  
          that were vetoed by the governor.   The governor stated in his  
          veto message of Senate Bill 299:

               I am returning Senate Bill 299 without my signature.

               Last year I vetoed a nearly identical bill, SB 1366, noting  
               that I was not convinced that criminalizing the failure to  
               report a lost or stolen firearm would improve  
               identification of gun traffickers or help law enforcement  
               disarm people prohibited from possessing guns. I continue  
               to believe that responsible people report the loss or theft  
               of a firearm and irresponsible people do not. I remain  
               skeptical that this bill would change those behaviors.

          7.  Argument in Support
          
          Women Against Gun Violence states:

               Women Against Gun Violence supports Senate Bill 894,  








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               which seeks to improve public safety by requiring that  
               every person whose firearm is lost or stolen notify  
               local law enforcement within 5 days of the time the  
               person knew or reasonably should have known that their  
               firearm had been lost or stolen. 

               SB 894 would provide a tool for law enforcement to  
               detect firearms trafficking and charge criminals who  
               engage in such activity. A requirement to report lost  
               or stolen firearms would assist in the identification  
               and prosecution of "straw buyers," individuals who  
               purchase guns legally, then sell them to people who  
               cannot legally purchase firearms such as gang members,  
               criminals, or minors. 
               When crime guns are traced to straw buyers, they  
               falsely claim that the firearm was lost or stolen. The  
               lack of a reporting requirement enables straw buyers  
               to shield their criminal activity and continue to sell  
               guns illegally to dangerous criminals. A reporting  
               requirement would likewise assist in the prosecution  
               of armed criminals who falsely claim that a crime gun  
               traced to them was lost or stolen when in fact it was  
               used in a crime. It also enables criminals to hide  
               their involvement in a crime and evade apprehension.


               SB 894 would help law enforcement efforts to disarm  
               individuals who possess a firearm and subsequently  
               becomes prohibited by law from purchasing or  
               possessing firearms because of falling into a  
               prohibited class. When law enforcement attempts to  
               recover these illegal firearms, gun owners may falsely  
               claim that the gun was lost or stolen. A reporting  
               requirement would improve the efficiency and  
               implementation of the state's Armed and Prohibited  
               Persons System Program, in which law enforcement  
               agencies work to proactively disarm prohibited  
               individuals before they harm themselves or others. 

               Finally, SB 894 would alert law enforcement to the  
               existence of a stolen gun in their jurisdictions and  
               facilitate the return of stolen firearms to their  
               rightful owners. The recovery of stolen guns protects  
               communities and reduces gun violence.









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          8.  Argument in Opposition
           
           The National Rifle Association of America states:

               SB 894 would require a victim of a crime to report to  
               local Law Enforcement the theft of a firearm within an  
               arbitrary time requirement of 5 days and the recovery  
               of the firearm within 48 hours.

               This bill would place firearms owners in jeopardy of  
               prosecution for becoming a victim of a crime by  
               placing criminal liability on the firearm's owner  
               regardless of whether they knew their firearm was  
               stolen, if law enforcement thinks they "should have  
               known" it was stolen. 

               Firearm owners voluntarily and regularly report stolen  
               firearms, but the criminal penalties of SB 894 forces  
               crime victims to decline to cooperate with police if a  
               stolen firearm is recovered. A firearms owner who was  
                not  aware of the legal requirement to report the loss  
               or theft of a firearm and who is contacted by police  
               investigating a crime faces possible criminal  
               prosecution for failing to report that the firearm was  
               stolen or missing. Such an owner with need to hire a  
               lawyer, who will advise them to remain silent while  
               immunity is negotiated, rather than quickly supplying  
               police the information they need to properly and  
               promptly investigate the crime, which may be time  
               sensitive.

               In 2012 and 2013, similar legislation was passed by  
               the legislature and was vetoed each time by Governor  
               Brown. 

               For the foregoing reasons, the National Rifle  
               Association strongly urges your opposition to SB 894. 

                                      -- END -


          











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