BILL ANALYSIS Ó
SENATE COMMITTEE ON APPROPRIATIONS
Senator Ricardo Lara, Chair
2015 - 2016 Regular Session
SB 894 (Jackson) - Firearms: lost or stolen: reports
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|Version: January 21, 2016 |Policy Vote: PUB. S. 5 - 2 |
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|Urgency: No |Mandate: Yes |
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|Hearing Date: May 16, 2016 |Consultant: Jolie Onodera |
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This bill does not meet the criteria for referral to the
Suspense File.
Bill
Summary: SB 894 would 1) require owners and possessors of firearms to
report the theft or loss of a firearm to a local law enforcement
agency within five 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 licensed premises; and, 3) provide that the reporting
provisions do not preclude or preempt a local ordinance imposing
additional penalties or reporting requirements for the theft or
loss of a firearm.
Fiscal
Impact:
One-time staffing costs to the Department of Justice (DOJ)
of about $100,000 (Special Fund*) to make necessary
enhancements to automated systems to enable compliance with
the provisions of this bill.
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Non-reimbursable local law enforcement costs (Local Funds),
offset to a degree by fine revenue for infractions, and to a
lesser degree, misdemeanor offenses.
Minor local incarceration costs (Local Funds), to the
extent anyone is convicted of a misdemeanor for a third or
subsequent offense of failing to report a stolen firearm.
Minor state trial court costs (General Fund*) for
additional infraction and, to a lesser degree, misdemeanor
filings.
Potential minor increase in local costs, potentially
state-reimbursable (General Fund) for local law enforcement
to report to the DOJ, as pursuant to existing law (PC §
11108), local law enforcement is required to promptly report
to DOJ all reports they receive of lost, stolen, and found
property, including firearms. However, to the extent the
provisions of this bill result in an increase in the number
of reports of stolen/lost firearms, the subsequent increase
in volume of reports to be reported by law enforcement
agencies to the DOJ would increase the costs of the existing
mandate.
*Firearm Safety and Enforcement Special Fund
**Trial Court Trust Fund
Background: Under existing law, licensed firearms manufacturers and
dealers are required to report the loss or theft of firearms
within 48 hours to specified law enforcement agencies, however,
there is not a similar requirement on firearm owners whose
firearms are lost or stolen.
A report by the International Association of Chiefs of Police
(IACP), Taking a Stand: Reducing Gun Violence in Our Communities
(2007), recommended that state and local governments mandate
individual reporting of lost or stolen firearms. The IACP report
concluded that, "Ensuring law enforcement's early awareness of
every lost and stolen gun will enhance their ability to recover
those guns and reduce gun violence."
Proposed Law:
This bill would require, beginning January 1, 2017, the
reporting to law enforcement of lost or stolen firearms within
five days of the time an individual knew or reasonably should
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have known that the firearm had been stolen or lost.
Additionally, this bill would require that any person who has
reported a firearm lost or stolen, as specified above, shall
notify local law enforcement within 48 hours if the firearm is
subsequently recovered by the person.
This bill would provide that a violation of either of the above
provisions would be as follows:
A first violation would be an infraction punishable by a
fine not to exceed $100.
A second violation would be an infraction, punishable by
a fine not to exceed $1,000.
Third and subsequent violations 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
the fine and imprisonment.
This bill would additionally provide that any person reporting
to a law enforcement agency that a firearm has been lost or
stolen, knowing the report to be false, is guilty of an
infraction, punishable by a fine of up to $250 for a first
offense, and by a fine of up to $1,000 for a second or
subsequent offense.
This bill would require firearms dealers to conspicuously post a
specified sign within the licensed premises about the
requirement to report a lost or stolen firearm, as specified.
This bill would require every sheriff or police chief to submit
a description of each firearm which has been reported lost or
stolen directly into the DOJ automated property system for
firearms. The bill further provides that its provisions do not
preclude or preempt a local ordinance that imposes additional
penalties or requirements with regard to reporting the theft or
loss of a firearm.
Related
Legislation: SB 299 (DeSaulnier) 2013 was similar to this measure but
provided for a report to a law enforcement agency within seven
days of the loss or theft of a firearm. SB 299 was vetoed by the
Governor with the following message:
I am returning Senate Bill 299 without my signature. Last year I
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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.
SB 1366 (DeSaulnier) 2012 was virtually identical to SB 299,
noted above. SB 1366 was vetoed by the Governor.
SB 59 (Lowenthal) 2005 created an infraction for failing to
report a stolen or lost handgun to law enforcement within five
working days. SB 59 was vetoed by the Governor.
Staff
Comments: The creation of the new infraction and misdemeanor offenses
would result in non-reimbursable local costs for enforcement,
offset to a degree by fine revenue. It is unknown how many new
court filings will result due to the provisions of this bill, as
the impact will be dependent upon individual behavior and the
extent of enforcement. For 500 new infraction filings statewide,
increased court costs are estimated at $32,000 (General Fund)
per year. It is likely there would be far fewer misdemeanor
filings for third and subsequent violations.
This bill would require local law enforcement to submit a
description of each firearm which has been reported lost or
stolen directly into the DOJ automated property system for
firearms. The DOJ could incur one-time moderate staffing costs
to make enhancements to the various automated systems to enable
compliance with the provisions of this bill. No significant
ongoing costs are projected, as current law already requires the
DOJ to keep a centralized and computerized list of all lost,
stolen, and found serialized property.
This bill is keyed as a state-mandated local program due to the
requirement on sheriffs and police chiefs to report a
description of each firearm which has been reported lost or
stolen into the DOJ automated firearm system. Staff notes that
existing law pursuant to PC § 11108 currently requires sheriffs
and police chiefs to submit to DOJ all reports they receive of
lost, stolen, and found property, including firearms into the
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appropriate automated property system. No claim for
reimbursement has been submitted to date to the Commission on
State Mandates (CSM) for these activities, however, to the
extent a claim is submitted and CSM determines the activities
constitute a state-reimbursable mandate, the state could be
required to provide funding for these costs. Staff notes the
costs associated with the existing mandate described above would
not be attributable to this bill.
The provisions of this bill would not change the existing
reporting process, and it is assumed many of the reported
firearms pursuant to the provisions of this bill would have
otherwise been reported under existing law. However, to the
extent the provisions of this bill result in a greater number of
reports of stolen/lost firearms to law enforcement, the
subsequent increase in reports to be reported by law enforcement
agencies to the DOJ could potentially increase the costs of the
existing mandate, which could potentially be determined to be
state-reimbursable.
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