BILL ANALYSIS                                                                                                                                                                                                    



                                                          AB 202
                                                          Page  1

Date of Hearing:  March 16, 1999
Chief Counsel:     Harry M. Dorfman

              ASSEMBLY COMMITTEE ON PUBLIC SAFETY 
                      Mike Honda, Chairman

           AB 202 (Knox) - As Amended:  March 10, 1999
  
SUMMARY  :   Prohibits any person from applying for more than one  
concealable firearm within a 30-day period, and no delivery  
shall be made to any person who has made an application to  
purchase more than one concealable firearm within 30 days.   
Specifically,  this bill  : 

1)Prohibits making an application to purchase more than one  
  pistol, revolver, or other firearm capable of being concealed  
  on the person within any 30-day period.

2)Prohibits delivery to any person who has made an application  
  to purchase more than one pistol, revolver, or other firearm  
  capable of being concealed on the person within any 30-day  
  period.

3)Provides that no person can make an application to purchase a  
  pistol, revolver or other firearm capable of being concealed  
  on the person within any 30-day period.  Exempts law  
  enforcement, entertainment/theatrical companies, licensed  
  collectors, and the exchange, replacement or return of a  
  concealable firearm under specified conditions.  

4)Provides penalties for making an application for more than one  
  concealable firearm in any 30-day period:

   a)   A first violation is an infraction punishable by a fine  
     of $50;

   b)   A second violation is an infraction punishable by a fine  
     of $100; and,

   c)   A third or subsequent violation is a misdemeanor  
     (punishable in the county jail up to six months, or by a  
     fine not greater than $1,000, or both, pursuant to Penal  
     Code Section 19).

5)Provides that each application to purchase a concealable  








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  firearm shall be deemed a separate offense.

  EXISTING LAW  :

1)Prohibits the sale, lease, or transfer of firearms without a  
  state firearms dealer's license.  (Penal Code Section  
  12070(a).)  Violation is a misdemeanor, punishable by six  
  months in the county jail; a $1,000 fine; or both.  (Penal  
  Code Section 12070(a) and Penal Code Section 19.)  

2)Provides that the duly constituted licensing authority of a  
  city, county, or city and county shall accept applications  
  for, and may grant, licenses permitting, licensees to sell  
  firearms at retail.  The authority shall inform applicants who  
  are denied licenses the reasons for the denial in writing.   
  (Penal Code Section 12071(a)(2).)

3)Prohibits the supply, delivery, sale, giving possession or  
  control of a firearm to any person within the classes of  
  prohibition described in Penal Code Sections 12021 or 12021.1   
  (Penal Code Section 12072(a)(1).)  Violation is a felony,  
  punishable by two, three, or four years in state prison.   
  (Penal Code Section 12072(g)(2)(A).)

4)Prohibits the sale, loan, or transfer of a firearm to a minor.  
   (Penal Code Section 12072(a)(3)(A).)  Violation is an  
  alternate misdemeanor/felony, punishable as a misdemeanor by  
  imprisonment up to one year in county jail; a fine of $1,000;  
  or both; or as a felony, by imprisonment for 16 months, 2 or 3  
  years in state prison; a fine of $1,000; or both.  (Penal Code  
  Section 12072(g)(3)(B).)

5)Prohibits the sale, loan, or transfer of a firearm to any  
  person who is not the actual purchaser or transferee if the  
  intent is to avoid the statutory requirements for lawful  
  transfer.  (Penal Code Section 12072(a)(4).)  Violation is an  
  alternate misdemeanor/felony, punishable the same as #4 above.  
   (Penal Code Section 12072(g)(3)(A).)

6)Prohibits the supplying, selling, delivering, or giving  
  possession or control of a pistol, revolver, or firearm  
  capable of being concealed to any person under 21 years of  
  age, or any other firearm to any person under 18 years of age.  
   (Penal Code Section 12072(b))  Violation is a felony,  
  punishable by two, three, or four years in state prison.   








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  (Penal Code Section 12072(g)(2)(D).)

7)Prohibits the delivery of a firearm to a person within 10 days  
  of the application to purchase.  (Penal Code Section  
  12072(c)(1).)  Violation is an alternate misdemeanor/felony,  
  punishable the same as #4 above.  (Penal Code Section  
  12072(g)(3)(D).)

8)Exempts certain persons and entities from the prohibitions of  
  Penal Code Section 12072 such as peace officers, lawful  
  importers, inter-family sales or bequests, auctions, etc.   
  (Penal Code Section 12078)

9)Provides Penal Code Section 12072 violations are misdemeanors  
  (Penal Code Section 12072(g)(1), except for specified felonies  
  such as transferring a firearm to a person previously  
  convicted of a felony (Penal Code Section 12072(g)(2)(A)), or  
  except for specified "wobblers" (which may be charged either  
  as a misdemeanor or a felony at the prosecutor's discretion)  
  such as selling, loaning or transferring a firearm to a minor  
  (Penal Code Section 12072(g)(3)(B)).

  FISCAL EFFECT  :  Unknown

  COMMENTS  :   

  1)Author's Statement  .  According to the author, "There is no  
  limit on the number of handguns that may be purchased from a  
  dealer.  This makes it easy for straw purchasers to acquire  
  guns for another person or for street dealers to acquire guns  
  legitimately.  Handguns make up an overwhelming share of crime  
  guns and a significant number are traceable to dealer  
  transactions.  AB 202 will curtail the illegal gun market,  
  disarm criminals, and save lives by preventing multiple  
  purchases of handguns through legitimate channels.  Preventing  
  multiple purchases takes the profit out of black market sales  
  and puts gun traffickers and straw purchasers out of  
  business."
  
2)Limiting Bulk Purchases to Cut Down on Straw Transactions.    
  The goal of this bill is to stop one gun purchaser from buying  
  several firearms and transferring a firearm to another person  
  who does not have the legal ability to buy a gun him/herself.   
  Such a transfer is referred to as a "straw transaction."   
  Typically, straw transactions involve a third party who is  








                                                          AB 202
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  under 21 years of age, has a disqualifying prior conviction,  
  has a mental disorder, or is not a resident.
  3)Straw Transactions Violate Federal Law.   The Federal Gun  
  Control Act forbids straw transactions.  Federal law prevents  
  a person from purchasing guns in a state with lax laws and  
  then returning to his or her state of residency.  If a gun has  
  been transported across state lines, a licensed federal  
  firearms dealer must process the transaction.  Additionally, a  
  person who is not a federal firearms licensee cannot deliver a  
  firearm to a resident of another state who is not federally  
  licensed.  The only way that such a transaction can occur is  
  if the transaction is brokered through a federal firearms  
  licensee in the recipient's state of residence.  Federal law  
  criminalizes acquisition of firearms in one state, the return  
  to a different state and sale of those firearms.  

  4)South Carolina and Virginia  .  In 1975, South Carolina banned  
  gun dealers from selling more than one handgun in a 30-day  
  period to the same person.  In 1993, Virginia passed a "one  
  gun a month" law with some exemptions.  Neither state has a  
  waiting period; both use a "quick check" system.  Nor do those  
  states regulate private transactions, as does California. 

 5)Do the Proposed Exemptions to Penal Code Section  
  12072(a)(9)(A) Effectively Gut the Bill?   No.  This bill  
  amends Penal Code Section 12072 to prohibit more than one  
  application for a concealable firearm in a 30-day period.  The  
  bill also provides numerous exemptions which are salutary  
  because they encourage a person who may be involved lawfully  
  in multi-gun exchanges to go to a licensed dealer, or to the  
  local sheriff, in order to facilitate the exchange.  Those  
  exempt institutions, persons and situations include:

   a)   Any law enforcement agency;

   b)   Any agency authorized to perform law enforcement duties;

   c)   Any state or local correctional facility;

   d)   Any private security business licensed to conduct  
     business in state;

   e)   Any peace officer;

   f)   Any motion picture, television, or video production  








                                                          AB 202
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     company whose production involves a firearm;

   g)   Any person who may claim a waiting-period exemption  
     pursuant to Penal Code Section 12078;

   h)   Any transaction conducted through a dealer pursuant to  
     Penal Code Section 12082;

   i)   Any transaction conducted through a law enforcement  
     agency pursuant to Penal Code Section 12084;

   j)   Any licensed collector;

   k)   The exchange of a concealable firearm where the purchase  
     occurred within 30 days of the exchange;

   l)   The replacement of a concealable firearm where the gun  
     was reported lost or stolen before the completion of the  
     new application; and,

   m)    The return of any concealable firearm to its owner.

  Despite the exemptions, the bill still hinders bulk purchase  
  straw transactions by limiting applications for concealable  
  firearms to one application per 30-day period.

  6)Limiting Applications Will Not Stop Straw Transactions  
  Entirely.   This bill will not stop bulk purchases to  
  facilitate straw transactions.  Those persons determined to  
  violate the law are still able to do so.  For example, assume  
  six friends all want concealable guns.  Assume further that  
  three of those friends own guns currently and the other three  
  friends are legally disqualified due to prior felony  
  convictions.  The three friends who can legally buy guns can  
  go to a store and fill out individual applications to purchase  
  one new handgun each.  They receive the guns and turn them  
  over to their friends.  Or, assume one person wants to obtain  
  a gun for each of his or her four friends who cannot legally  
  purchase themselves.  With a little patience, he or she makes  
  a new application every 31st day and then turns over a gun to  
  each friend in a few months.  

  7)Prior Legislation  .  AB 532 (Knox), of the 1997-98 Legislative  
  Session, was substantially similar to this bill and would have  
  made it a misdemeanor to take title to more than one  








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  concealable firearm in a 30-day period.  In addition, AB 532  
  would have made it an alternate felony/misdemeanor for a  
  dealer to deliver a handgun after being notified that a person  
  was attempting to take title to more than one handgun in a  
  30-day period.  AB 532 failed passage on the Assembly floor,  
  was granted reconsideration, and died on the Assembly Inactive  
  File.  
  
  SB 513 (Hayden), of the 1997-98 Legislative Session, was  
  substantially similar to this bill and would have made it a  
  misdemeanor to purchase more than one concealable firearm in a  
  30-day period.  In addition, SB 513 would have made it a  
  misdemeanor for a dealer to deliver a handgun after being  
  notified that a purchaser had applied to purchase a gun within  
  the last 30 days.  SB 513 was gutted on the Assembly floor and  
  became a bill relating to California Habeas Resource Center.

  REGISTERED SUPPORT / OPPOSITION  :   

  Support  

American Civil Liberties Union
California Nurses Association
California Peace Officers' Association
California Police Chiefs' Association
City of Los Angeles
Handgun Control, Inc.
Legal Community Against Violence
Los Angeles County District Attorney's Office
Los Angeles Police Department
Trauma Foundation
Women Against Gun Violence
  
Opposition  

California Rifle and Pistol Association
Peace Officers Research Association of California
One Private Citizen
  
Analysis Prepared by  :  Harry Dorfman / PUB. S. / (916) 319-3744