BILL ANALYSIS
AB 202
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ASSEMBLY THIRD READING
AB 202 (Knox)
As Amended April 6, 1999
Majority vote
PUBLIC SAFETY 5-2 APPROPRIATIONS 13-5
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|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 |
| | | | |
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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
AB 202
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