BILL ANALYSIS Ó SB 894 Page 1 THIRD READING SB 894 (Jackson) As Introduced June 22, 2016 Majority vote SENATE VOTE: 24-15 ------------------------------------------------------------------ |Committee |Votes|Ayes |Noes | | | | | | | | | | | | | | | | |----------------+-----+----------------------+--------------------| |Public Safety |5-2 |Jones-Sawyer, Lopez, |Melendez, Lackey | | | |Low, Quirk, Santiago | | | | | | | | | | | | ------------------------------------------------------------------ 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 SB 894 Page 2 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 third or subsequent violation is a misdemeanor, punishable by imprisonment in a county jail not exceeding six months, or by SB 894 Page 3 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 or preempt a local ordinance that imposes additional penalties or requirements in regard to reporting the theft or loss of a firearm." 11)Double joins this bill with AB 857 (Cooper) of the current SB 894 Page 4 legislative session, AB 1673 (Gipson) of the current legislative session, and AB 1674 (Santiago) of the current legislative session to avoid chaptering out issues. 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. 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. 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. 4)States that the DOJ must keep a centralized and computerized list of all lost, stolen, and found serialized property reported to DOJ. 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 SB 894 Page 5 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. FISCAL EFFECT: Unknown. This bill is keyed non-fiscal by the Legislative Counsel. COMMENTS: 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 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. SB 894 Page 6 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% 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 SB 894 Page 7 Association of Chiefs of Police [IACP] 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." Analysis Prepared by: Sandy Uribe / PUB. S. / (916) 319-3744 FN: 0003529