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
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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
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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