BILL ANALYSIS                                                                                                                                                                                                    



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ASSEMBLY THIRD READING
AB 202 (Knox)
As Amended April 6, 1999
Majority vote 
  
PUBLIC SAFETY       5-2         APPROPRIATIONS      13-5        
  
 ----------------------------------------------------------------- 
|Ayes:|Honda, Cedillo, Keeley,   |Ayes:|Migden, Knox, Davis,      |
|     |Romero,                   |     |Hertzberg, Kuehl, Papan,  |
|     |Washington                |     |Romero, Shelley,          |
|     |                          |     |Steinberg, Thomson,       |
|     |                          |     |Wesson, Wiggins Longville |
|     |                          |     |                          |
|-----+--------------------------+-----+--------------------------|
|Nays:|Battin, Oller             |Nays:|Brewer, Ashburn, Runner,  |
|     |                          |     |Margett, Zettel           |
|     |                          |     |                          |
 ----------------------------------------------------------------- 
  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  








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  $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.

5)Provides that each application to purchase a concealable  
  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.  Violation is a misdemeanor,  
  punishable by six months in the county jail, or a $1000 fine,  
  or both.    

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.  

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.  
   Violation is a felony punishable by two, three, or four years  
  in state prison.  

4)Prohibits the sale, loan, or transfer of a firearm to a minor.  
   Violation is an alternate misdemeanor/ felony punishable as a  
  misdemeanor by imprisonment up to one year in county jail, or  
  a fine of $1000, or both, or, as a felony, by imprisonment for  
  16 months, two or three years in state prison, a fine of  
  $1000, or both.  

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.  Violation is an alternate misdemeanor/felony  
  punishable the same as #4 above.  

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.  
   Violation is a felony punishable by two, three, or four years  
  in state prison. 








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7)Prohibits the delivery of a firearm to a person within 10 days  
  of the application to purchase.  Violation is an alternate  
  misdemeanor/felony punishable the same as #4 above. 

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.  

9)Provides Penal Code Section 12072 violations are misdemeanors,  
  except for specified felonies such as transferring a firearm  
  to a person previously convicted of a felony, 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.

  FISCAL EFFECT  :  According to the Assembly Appropriations  
Committee analysis:

1) Minor annual costs, likely less than $150,000, for new state  
   prison commitments.

2) Since there were no state prison admissions for similar  
   prohibited gun transfers in 1997-98, it is unlikely this bill  
   would have a significant impact on state prison admissions.

  COMMENTS  :  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."

Please see the policy committee analysis for a more  
  comprehensive discussion of this bill.
  
Analysis Prepared by  :  Harry Dorfman / PUB. S. / (916) 319-3744 


                                                      FN: 0000335








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