BILL ANALYSIS Ó
SB 894
Page 1
Date of Hearing: June 14, 2016
Counsel: Sandy Uribe
ASSEMBLY COMMITTEE ON PUBLIC SAFETY
Reginald Byron Jones-Sawyer, Sr., Chair
SB
894 (Jackson) - As Introduced January 21, 2016
SUMMARY: Requires that firearm owners 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. Specifically, this bill:
1)Requires a person to 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
five days of the time the person knew, or reasonably should
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have known, that the firearm had been stolen or lost.
2)Requires every person who has reported a firearm as lost or
stolen to notify the local law enforcement agency within 48
hours if the firearm is subsequently recovered.
3)Provides that the lost or stolen firearm reporting requirement
does not apply to:
a) 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;
b) 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;
c) 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; and,
d) Any person whose firearm was lost or stolen before
January 1, 2017.
4)Provides that a first violation of either of the above
reporting requirements provisions is an infraction punishable
by a fine not to exceed $100. A second violation is an
infraction, punishable by a fine not exceeding $1,000. A
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third or subsequent violation is 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.
5)Makes it an infraction for a person to report to a local law
enforcement agency that a firearm has been lost or stolen,
knowing the report to be false. A violation is punishable by
a fine not exceeding $250 for a first offense, and by a fine
not exceeding $1,000 for a second or subsequent offense.
6)Requires every person reporting a lost or stolen firearm to
report the make, model, and serial number of the firearm, if
known.
7)Requires every sheriff or police chief to submit a description
of each firearm which has been reported lost or stolen
directly into the Department of Justice Automated Firearms
System.
8)Provides that, for purposes of the reporting requirement, a
"firearm" includes the frame or receiver of the weapon, but
does not include an unloaded antique firearm.
9)Requires firearms dealers to conspicuously post notice of
these reporting requirements within the licensed premises, as
specified.
10) Specifies that these reporting provisions do "not preclude
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or preempt a local ordinance that imposes additional penalties
or requirements in regard to reporting the theft or loss of a
firearm."
EXISTING LAW:
1)Provides that any licensed firearms dealer shall report,
within 48 hours of discovery, the loss or theft of specified
firearms to the appropriate law enforcement agency in the
city, county, or city or county where the licensee's business
is located. (Pen. Code, § 26885, subd. (b).)
2)Provides that any time a licensed firearms manufacturer
discovers that a firearm has been stolen or is missing from
the licensee's premises, the licensee shall report the loss or
theft within 48 hours of discovery to specified law
enforcement agencies, and shall maintain records of lost or
stolen firearms for at least 10 years. (Pen. Code, § 29115.)
3)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. (Pen. Code, §
11106, subds. (a) & (c).)
4)States that the DOJ must keep a centralized and computerized
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list of all lost, stolen, and found serialized property
reported to DOJ. (Pen. Code, § 11106, subd. (a).)
5)Requires each sheriff or police executive to submit
descriptions of serialized property, or non-serialized
property that has been uniquely inscribed, which has been
reported stolen, lost, found, recovered, held for safekeeping,
or under observation into the DOJ automated property system
for firearms or other stolen property. Information about a
firearm entered into the system shall remain in the system
until the reported firearm has been found, recovered, is no
longer under observation, or the record is determined to have
been entered in error. (Pen. Code, § 11108, subd. (a).)
FISCAL EFFECT: Unknown
COMMENTS:
1)Author's Statement: According to the author, "The public
overwhelmingly supports laws requiring the reporting of lost
or stolen firearms. A nationwide poll in 2011 found that 94%
of Americans surveyed favor laws to require the reporting of
lost or stolen firearms.
"The reporting of lost or stolen firearms will bring several
critical improvements to public safety in California.
"1.Reduce Gun Trafficking
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"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. 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.Enhance Armed Prohibited Persons System
"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 Prohibited Persons System (APPS). 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 will not be wasted
on attempts to recover guns that have been reported lost or
stolen.
"3.Alert Law Enforcement on 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
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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)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." (International Association of Chiefs of
Police, Taking a Stand: Reducing Gun Violence in Our
Communities (Sept. 2007),
http://www.theiacp.org/LinkClick.aspx?fileticket=%2Fs0LiOkJK5Q
%3D&tabid=87.)
3)Prior Governor Veto Messages: This legislation is similar to
three prior bills that were vetoed by Governors Brown and
Schwarzenegger.
SB1366 (DeSaulnier) of 2012, and SB 299 (Desaulnier) of the 2013
were vetoed by Governor Brown. The governor stated in his
veto message of SB 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
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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."
Similarly, SB 59 (Lowenthal) of the 2005-06 Legislative
Session, was vetoed by Governor Schwarzenegger. The
Governor's veto message stated in pertinent part,
"While I share the Legislature's concern about the criminal
use of lost or stolen weapons, the ambiguous manner in which
this bill was written would make compliance with the law
confusing for legitimate gun-owners and could result in cases
where law-abiding citizens face criminal penalties simply
because they were the victim of a crime, which is particularly
troubling given the unproven results of other jurisdictions in
California that have passed similar measures."
4)Penalty Provision: This bill provides that a violation of the
reporting requirement is an infraction, punishable by a fine
not exceeding two hundred fifty dollars ($250) for a first
offense, and by a fine not exceeding one thousand dollars
($1,000) for a second or subsequent offense.
It should be noted that AB 1695 (Bonta) also makes it unlawful
to report to a local law enforcement agency that a firearm has
been lost or stolen, knowing the report to be false. However,
AB 1695 punishes the violation as a misdemeanor.
Thus, there is a conflict between these two bills.
5)Argument in Support: According to the Los Angeles County
Sheriff's Department, "[I]n 2013, the Los Angeles County
Sheriff's Department sponsored Senate Bill 299 by Senator
DeSaulnier, dealing with reporting requirements of lost or
stolen firearms. As with SB 299 of 2013, SB 894 would provide
a tool for law enforcement to detect firearms trafficking and
charge criminals who engage in it. A requirement to report
lost or stolen firearms would assist in the identification and
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prosecution of 'straw buyers,' who are individuals that
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. The lack of a reporting
requirement enables criminals to hide their involvement in a
crime and evade apprehension.
"SB 894 would also 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.
"The reporting requirements in Senate Bill 894 would also alert
law enforcement to the existence of a stolen gun in their
jurisdictions and facilitate the return of stolen firearms.
The recovery of stolen guns protects communities and reduces
gun violence."
6)Argument in Opposition: According to the National Rifle
Association, "This bill would place firearm 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.
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"Firearm owners voluntarily and regularly report stolen
firearms, but the criminal penalties of SB 894 force 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 will 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."
7)Related Legislation: AB 1695 (Bonta) makes it a misdemeanor to
falsely report to law enforcement that a firearm has been lost
or stolen, and institutes a 10-year ban on owning a firearm
for those convicted of making a false report. AB 1695 is
pending in the Senate Public Safety Committee.
8)Prior Legislation:
a) SB 299 (Desaulnier) of the 2013-14 Legislative Session,
would have made it a crime to fail to report the theft or
loss of a firearm to a local law enforcement agency within
seven days of the time the owner knew, or reasonably should
have known, that the firearm was lost or stolen. SB 299 was
vetoed.
b) SB1366 (DeSaulnier) of the 2011-2012 Legislative
Session, would have made it a crime to fail to report the
theft or loss of a firearm he/she owns or possesses to law
enforcement agency within 48 hours of the time he/she knew
or reasonably should have known that the firearm had been
stolen or lost. SB 1366 was vetoed.
c) SB 59 (Lowenthal), of the 2005-06 Legislative Session,
would have required a gun owner to report a lost or stolen
firearm within five working days. SB 59 was vetoed.
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REGISTERED SUPPORT / OPPOSITION:
Support
American Academy of Pediatrics, California Chapter
American College of Emergency Physicians, California Chapter
California Academy of Family Physicians
California Chapters of the Brady Campaign to Prevent Gun
Violence
City of Santa Barbara
City of Santa Barbara Police Department
Coalition Against Gun Violence, Santa Barbara County
Courage Campaign
Holman United Methodist Church
Jewish Labor Committee Western Region
Law Center to Prevent Gun Violence
Los Angeles County Sheriff's Department
Physicians for Social Responsibility - Sacramento Chapter
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 Private Individual
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Opposition
California Rifle and Pistol Association
California Sportsman's Lobby
California Waterfowl Association
Firearms Policy Coalition
Gun Owners of California
National Rifle Association
Outdoor Sportsmen's Coalition
Safari Club International
Analysis Prepared by:Sandy Uribe / PUB. S. / (916)
319-3744