BILL ANALYSIS
AB 106
Page 1
Date of Hearing: April 28, 1999
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Carole Migden, Chairwoman
AB 106 (Scott/Aroner) - As Amended: April 20, 1999
Policy Committee: Public
SafetyVote: 6-2
Urgency: No State Mandated Local
Program:YesReimbursable: No
SUMMARY :
This bill, tombstoned the Aroner/Scott/Hayden Firearms Safety
Act, requires the Attorney General (AG) to implement safety
standards for gun safety devices and requires that all guns
manufactured, sold or transferred by a licensed gun dealer in
California include an approved gun safety device and a safety
warning label as specified. Specifically, this bill:
1)Provides that, effective January 1, 2002, all guns sold or
transferred in California by a licensed gun dealer, including
private transfers through a dealer, and all guns manufactured,
be accompanied by a safety device approved by the AG and a
specified warning label that states:
"WARNING - Children are attracted to and can operate firearms
that can cause severe injuries or death. Prevent child access
by always keeping guns locked away when not in use. If you
keep a loaded firearm where a child obtains and improperly
uses it, you may be fined or sent to prison."
2)Requires the AG, not later than January 1, 2000, to begin
developing regulations to implement minimum safety standards
for gun safety devices and gun safes to reduce the risk of
gun-related injuries. Requires the AG to adopt and issue
regulations and standards for safety devices and report to the
Legislature by January 1, 2001. The standards are to take
effect January 1, 2002.
3)Requires the Department of Justice (DOJ) to certify
laboratories to test gun safety devices to verify
compliance, and to compile and publish a roster of approved
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safety devices that meet DOJ standards. DOJ is authorized to
charge a fee to any participating laboratory to cover
certification costs.
4)Requires DOJ to compile, publish, and maintain a roster of all
safety devices and gun safes certified as meeting the DOJ
standards. Authorizes the AG, after January 1, 2002, to order
recall and replacement of any safety device that does not
conform to the standards and warnings required by this bill.
5)Requires that law enforcement investigating an incident must
report to the Department of Health Services (DHS) any incident
in which a child suffered an unintentional or self-inflicted
gunshot wound.
6)Makes a violation of this bill punishable by a fine of $1,000;
a second violation is punishable by a fine of $1,000 and a
30-day sales and manufacturing suspension; and a third
violation results in a permanent loss of the ability to sell
or manufacture guns.
FISCAL EFFECT :
1)Significant costs - at least $250,000 - to the DOJ for the
cost of developing and implementing gun safety device
regulations and standards, reporting to the Legislature, and
compiling, publishing and maintaining a roster of certified
safety devices meeting DOJ standards.
2)Potentially state-reimbursable costs for requiring local law
enforcement agencies to report to the DHS, any incident in
which a child suffered an unintentional or self-inflicted
gunshot wound.
3)Unknown significant costs for the certification of labs, fully
offset by fees paid by participating labs.
4)The cost for testing the safety devices would be borne by the
gun manufacturer or dealer.
5)Indeterminable indirect state and local savings to the extent
safety devices reduce medical and law enforcement costs. The
authors contend that the average hospitalization cost for a
gunshot victim is in the range of $20,000 and the average cost
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of investigating a gunshot injury is about $1,000.
COMMENTS :
1)Rationale . According to the authors, by preventing injuries,
gun safety devices would save millions of dollars via reduced
medical costs.
2)Is the local report to the DHS necessary ? Requiring local law
enforcement to report gunshot wounds to the DHS will create
local costs. The goal of the report is not clear.
3)Should DOJ be required to certify labs biennially? The bill
does not provide for updating certification.
4)Prior Legislation . AB 1124 (Aroner), of the 1997-98
Legislative Session, required a person licensed to sell guns
to provide each buyer a trigger lock. SB 1550 (Hayden), of the
1997-98 Legislative Session, required gun dealers to offer
use-limitation devices to gun purchasers. Both bills were
vetoed.
5)Opposition . The California Rifle and Pistol Association
contends that "AB 106 is too complex in its provisions, and
would be much simpler, and no doubt equally a effective, to
just require that firearms sold by a dealer be accompanied by
a device that is reliable in preventing the firearm for which
it was intended from being discharged by an unauthorized
user."
PORAC states that "?making the dealer purchase a lock and
provide it with the firearm does not guarantee the purchaser
of the firearm is going to use the device."
Analysis Prepared by : Geoff Long / APPR. / (916)319-2081