BILL ANALYSIS                                                                                                                                                                                                    




                                                          AB 2011  
                                                         Page 1

CONCURRENCE IN SENATE AMENDMENTS
AB 2011 (Hertzberg)
As Amended August 20, 1998
2/3 vote.  Urgency

 ASSEMBLY: 66-0  (May 26, 1998)  SENATE:  27-7  (August 24, 1998)     


Original Committee Reference:   PUB. S.  

  SUMMARY  :  Requires that a serial number be on a modern handgun as  
a condition of transfer of ownership, requires the tracing of all  
guns that law enforcement seizes, and subjects long-gun curios and  
relics to the dealer record of sale (DROS) process.  

  The Senate amendments :  

1) Delete provisions in this bill as it passed the Assembly which:

    a)  Increased the penalty from a misdemeanor, punishable by up  
       to one year in county jail, to a felony for illegally  
       carrying a concealed handgun where the manufacturer's  
       serial number on the firearm was obliterated, removed or  
       altered; and 

    b)  Increased the penalty from a misdemeanor, punishable by up  
       to one year in county jail, to a felony for illegally  
       carrying a loaded firearm where the manufacturer's serial  
       number on the firearm is obliterated, removed or altered. 

2) Delete the provision in this bill as it passed the Assembly  
   which increased the penalty from a misdemeanor to an alternate  
   felony/misdemeanor (i.e., wobbler) for a person who knowingly  
   buys, receives, disposes of, sells, offers for sale, or has in  
   his or her possession any pistol, revolver, or other firearm  
   which has the name of the maker, model, or the manufacturer's  
   number or other mark of identification, including any  
   distinguishing number or mark assigned by the Department of  
   Justice (DOJ), changed, altered, removed or obliterated. 
 
3) Change the penalty from a wobbler (i.e., as it passed the  
   Assembly) to a misdemeanor for the new crime created by this  
   bill which makes it illegal for any person to sell or otherwise  
   transfer his or her ownership in a handgun unless the firearm  
   bears either the name of the manufacturer, the manufacturer's  
   make or model, and a manufacturer's serial number, or the  
   identification number or mark assigned to the firearm by DOJ. 
 
4) Make technical changes to the tracing requirements in this  
   bill.

5) Exempt from the requirements in this bill as it passed the  
   Assembly the requirement that the infrequent transfer, sale, or  
   loan between private parties of long gun curios and relics  
   which were manufactured at least 50 years prior to the current  








                                                          AB 2011  
                                                         Page 2

   date, but not including replicas thereof, as defined in the  
   Code of Federal Regulations, be processed through a state  
   licensed gun dealer.

6) Make a General Fund (GF) appropriation of $521,000 over two  
   fiscal years to finance the tracing portion in this bill.

7) Provide that this bill will go into effect on November 30,  
   1998, but delays implementation of an electronic system to  
   receive and forward information to the Bureau of Alcohol,  
   Tobacco, and Firearms (BATF) until January 1, 2002.

8) Contain chaptering amendments to avoid chaptering out  
   provisions of SB 63 (Peace), currently on the Senate Unfinished  
   Business File.

  EXISTING LAW  : 

1)  Provides it is a misdemeanor for a person to sell, lease, or  
transfer a firearm unless he or she has been issued a state  
firearms dealer's license, punishable by up to one year in county  
jail.  Exemptions exist for commercial transactions among licensed  
wholesalers, importers and manufacturers. 
 
2) Requires that the sale, loan or transfer of a firearm must  
   generally be conducted through a state-licensed firearms dealer  
   or through a local sheriff's department in counties of less  
   than 200,000 persons.  As part of this process, the 10-day  
   waiting period/background check/handgun safety certificate is  
   required prior to delivery of the firearm.  

3) Makes a handgun violation of "Existing Law" #2 a wobbler,  
   punishable by up to one year in the county jail or by  
   imprisonment in the state prison for 16 months, 2 or 3 years.   
   Long-gun violations are misdemeanors.  The wobbler provisions  
   treated as felonies are offenses which presumptively mandate a  
   state prison sentence.  Federally defined "long gun curios and  
   relics" are exempt from "Existing Law" #1 and #2. 

4)  Requires a person moving to California with a handgun acquired  
outside California who did not receive the gun from a  
California-licensed gun dealer to register the gun with DOJ.  
 
5)  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.  Provides that  
handguns are centrally registered due to the fact that DOJ  
compiles various forms.  
 
6) Makes it a misdemeanor for any person to possess a gun with an  
   obliterated serial number knowing it to be obliterated.   
   Creates various exemptions from the prohibition on the  
   possession of guns with obliterated serial numbers.  









                                                          AB 2011  
                                                         Page 3

  AS PASSED BY THE ASSEMBLY  , this bill:

1) Increased the penalty from a misdemeanor, punishable up to one  
   year in county jail, to a felony for illegally carrying a  
   concealed handgun where the manufacturer's serial number on the  
   firearm was obliterated, removed or altered. 

2) Increased the penalty from a misdemeanor, punishable up to one  
   year in county jail, to a felony for illegally carrying a  
   loaded firearm where the manufacturer's serial number on the  
   firearm is obliterated, removed or altered. 

3) Increased the penalty from a misdemeanor to an alternate  
   felony/
   misdemeanor (i.e., wobbler) for a person who knowingly bought,  
   received, disposed of, sold, offered for sale, or had in his or  
   her possession any pistol, revolver, or other firearm which had  
   the name of the maker, model, or the manufacturer's number or  
   other mark of identification, including any distinguishing  
   number or mark assigned by the DOJ, changed, altered, removed  
   or obliterated.

4) Made it a wobbler for any person to sell or otherwise transfer  
   his or her ownership in a handgun unless the firearm bore  
   either the name of the manufacturer, the manufacturer's make or  
   model, and a manufacturer's serial number, or the  
   identification number or mark assigned to the firearm by DOJ.   
   Exempted antique firearms from this provision.

5) Added a "locked container" exemption to allow the transport of  
   a handgun by a person for the purpose of having DOJ assign a  
   distinguishing number or mark of identification to that  
   firearm. 

6) Amended the DROS form to specifically list on it the  
   identification number or mark assigned to the firearm assigned  
   by DOJ and required that law enforcement agencies trace  
   firearms that they seized.

7) Required sales, loans, or transfers of long-gun curios and  
   relics to be subject to state dealer licensure and state  
   transfer requirements in the same circumstances as for handgun  
   curios and relics.

  FISCAL EFFECT  :  According to the Senate Appropriations Committee  
analysis, appropriates $521,000 from the General Fund to DOJ.  The  
appropriation is to be allocated as follows:  $174,000 for  
1998-99, and $347,000 for 1999-2000.  The misdemeanor provisions  
create unknown increased mandated, nonreimbursable local costs for  
county jail and probation.

  COMMENTS  :  According to the author, "This bill addresses the  
problem of gun trafficking and guns used in crimes.  Only  
criminals have a reason to carry guns with obliterated and altered  
serial numbers.  Criminals carry these untraceable guns because  








                                                          AB 2011  
                                                         Page 4

the gun is stolen or because they do not want law enforcement to  
have the ability to identify the history of the gun.  

"The Federal BATF has recently developed an active program to help  
local law enforcement agencies to identify gun traffickers with a  
precision never before seen.  The barriers to effective use of  
this program are lack of information and inconsistency in the type  
of information submitted for tracing.  AB 2011 standardizes crime  
gun information sent to the DOJ and the BATF, and will prevent  
illegal gun trafficking.

"Finally, this bill conforms state law to federal law by deleting  
the exemption from background checks for long gun curios and  
relics.  The federal Brady Bill, which takes effect this November  
requires the purchasers of all firearms to undergo criminal  
background checks under the National Instant Criminal Background  
Check System (NICS).  This state exemption for long gun curios and  
relics must be deleted so that background checks can be conducted  
through the state's existing Dealer Record of Sale (DROS)  
process."  

Please see the policy committee analysis for a more comprehensive  
discussion of this bill.
  Analysis prepared by  :  Judith M. Garvey / apubs / (916) 319-3744
                                                                    
  FN 042781