BILL ANALYSIS
AB 295
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Date of Hearing: April 20, 1999
Chief Counsel: Harry M. Dorfman
ASSEMBLY COMMITTEE ON PUBLIC SAFETY
Mike Honda, Chair
AB 295 (Corbett) - As Amended: April 15, 1999
As Proposed to be Amended in Committee
REVISED
SUMMARY : Proposes a number of changes to the laws regulating
gun shows and promoters of gun shows. First, this bill requires
promoters of gun shows to obtain a "gun show promoter license"
from the Department of Justice (DOJ). Second, this bill
obligates the promoter to notify law enforcement regarding
specified details of the gun show. Third, this bill requires
that each gun show have a "security plan" which must include a
police officer specially trained by DOJ regarding gun shows.
Specifically, this bill :
GUN SHOW PROMOTER LICENSE
1)Requires any person who produces, promotes, sponsors, operates
or otherwise organizes a gun show or event to possess a valid
"gun show promoter license" issues by DOJ.
2)Requires DOJ to issue the gun show promoter license to an
applicant unless DOJ's records indicate that the applicant is
prohibited form possessing firearms.
3)Specifies that the gun show promoter license shall be valid
for two years from the date of issuance.
4)Requires DOJ to adopt regulations to administer the gun show
promoter license program, and to recover the costs of the
program by fees assessed applicants for licenses or renewals.
5)Requires DOJ as part of the gun show promoter license program
to provide special training for officers regarding the local,
state and federal laws relating to the sale of firearms at gun
shows.
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6)Provides that a knowing violation of this bill is a
misdemeanor punishable by ineligibility for a gun show
promoter license for two years.
NOTIFICATION DUTIES AND THE SECURITY PLAN
1)Requires the promoter no less than 30 days before the show
starts, to notify local enforcement, DOJ, and the Bureau of
Alcohol, Tobacco and Firearms (BATF) of the gun show, the
date, time, duration of the show, and location of the show.
2)Requires the promoter to submit a written security plan to
local law enforcement and, if law enforcement approves the
plan, it shall provide policing.
3)Requires the promoter of the gun show to reimburse local law
enforcement for the cost of services provided, and further
requires local law enforcement to submit its estimate of costs
within 30 days of the event.
4)Requires the security plan to provide, at a minimum, the
following:
a) Specify a police officer in charge of the gun show who
has received special training regarding gun shows by the
DOJ (see #6 above);
b) Identify the number and location of other officers
patrolling the event; and,
c) Provide a complete and accurate list of all persons,
entities, and organizations that have leased or rented any
table, display space, or area at the gun show.
5)Requires the promoter, upon request, to make available within
24 hours to law enforcement an accurate and complete list of
gun show participants for every day the show operates.
6)Obligates the promoter to inform all prospective gun show
vendors of the requirements of the law, and obligates the
promoter to ensure that all vendors and their employees have
obtained a dealer's license.
7)Specifies that if a vendor fails to cooperate with a promoter
or fails to comply with the law's requirements, the vendor
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shall be prohibited from participating in the event.
8)Specifies that if a promoter fails to provide information
required by the law, or fails to ensure that all vendors
possess all required permits, the gun show shall be closed
down by local law enforcement until these requirements are
met.
9)Redefines "transaction" as it relates to the sale or transfer
of title of concealable firearms - but not the lease of such
firearms -- as each firearm sold, or whose title is otherwise
transferred, shall be considered a separate transaction.
EXISTING LAW :
1)Provides that a licensed firearms dealer may conduct a gun
show or event, as defined in Section 178.100 of Title 27 of
the Code of Federal Regulations, if the gun show or event is
not conducted from a motorized or towed vehicle. Further
provides that failure to follow this provision subjects the
dealer's license to forfeiture. (Penal Code Section
12071(b)(1)(B).)
2)Provides that DOJ shall reveal information about lawfully
licensed firearms dealers to gun show
promoters/sponsors/organizers who themselves possess valid
Certificates of Eligibility and who themselves are registered
with the DOJ. (Penal Code Section 12071(e)(3).)
3)Prohibits any person from producing, promoting, sponsoring,
operating, or otherwise organizing a gun show or event unless
that person possesses a valid certificate of eligibility from
DOJ and is registered with DOJ. (Penal Code Section
12071.1(a).)
4)Provides that a knowing violation of the requirement to
possess a valid certificate of eligibility to promote a gun
show is a misdemeanor punishable by losing eligibility for the
certificate for one year. (Penal Code Section 12071(c).)
5)Requires DOJ to issue a certificate of eligibility to an
applicant unless DOJ's records indicate the applicant cannot
lawfully possess firearms. (Penal Code Section 12071(a).)
6)Requires the promoter, no less than 24 hours before the start
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of the event to make available within 72 hours of the request
to local law enforcement a complete and accurate list of all
persons, entities, and organizations that have leased or
rented space at the event for the purpose of selling, leasing,
or transferring firearms. (Penal Code Section 12071.1(d).)
7)Requires the dealer's register to contain a variety of
information, including the date and time of sale, the
California Firearms Dealer Number, the dealer's complete
business telephone number, name and complete address of the
dealer. (Penal Code Sections 12077(b) and 12077(c).)
8)Authorizes DOJ to inspect dealers to ensure compliance with
the licensing laws. (Penal Code Section 12071(f).)
9)Defines "transaction" as it relates to concealable firearms to
mean a single sale, lease, or transfer of any number of
concealable firearms. (Penal Code Section 12070(c)(1)(A).)
FISCAL EFFECT : Unknown
COMMENTS :
1)Background. According to a recent publication by the federal
Departments of Treasury and Justice, and the Bureau of
Alcohol, Tobacco and Firearms (ATF), "Gun Shows: Brady Checks
and Crime Gun Traces" (January 1999), 4,442 guns shows were
advertised nationwide in calendar 1998. (p. 4) California
had 188 gun shows advertised last year. "The types and
variety of firearms offered for sale at gun shows include new
and used handguns, semiautomatic assault weapons, shotguns,
rifles, and curio or relic firearms. In addition, vendors
offer large capacity magazines and machinegun parts for sale."
(p. 5)
Federal agencies reviewed over 300 investigations involving gun
shows in some capacity, gathered from ATF's 23 field offices.
The report continues, "Together, the ATF investigations paint
a disturbing picture of gun shows as a venue for criminal
activity and a source of firearms used in crimes. Felons,
although prohibited from acquiring firearms, have been able to
purchase firearms at gun shows. In fact, felons buying or
selling firearms were involved in more than 46 percent of the
investigations involving gun shows. In more than a third of
the investigations, the firearms involved were known to have
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been used in subsequent crimes. These crimes included drug
offenses, felons in possession of a firearm, assault, robbery,
burglary, and homicide." (p. 7)
"Firearms involved in the 314 reviewed investigations numbered
more than 54,000. A large number of these firearms were sold
or purchased at gun shows. More than one-third of the
investigations involved more than 50 firearms, and nearly
one-tenth of the investigations involved more than 250
firearms. The two largest investigations were reported to
have involved up to 7,000 and 10,000 firearms, respectively.
These numbers include both new and used firearms." (p. 7)
"The investigations reveal a diversity of Federal firearms
violations associated with gun shows. Examples of these
violations include straw purchases, out-of-state sales by FFLs
[Federal Firearm Licensees], transactions by FFLs without
Brady Act checks, and the sale of kits that modify
semiautomatic firearms into automatic firearms. Engaging in
the business without a license was involved in more than half
of all the investigations. Nearly 20% involved FFLs who were
selling firearms 'off the book.' The central violation in
approximately 15% of the investigations was the transfer of
firearms to prohibited persons such as felons or juveniles not
authorized to possess firearms. Nearly 20% of the
investigations involved violations of the National Firearms
Act (NFA), which regulates the possession of certain firearms
such as machineguns." (pp. 7-8)
2)Gun Shows in California Provide an Opportunity for Illegal
Transactions. The federal report includes one investigation
involving a Whittier gun dealer. "In 1994, ATF recovered two
9mm firearms and the NTC [National Tracing Center] traced them
to an FFL in Whittier, California. The FFL had sold over
1,700 firearms to unlicensed purchasers over a 4-year period
without maintaining any records. Many of the sales occurred
at swap meets in California. The firearms were then sold to
gang members in Santa Ana and Long Beach, California. Many of
the firearms were recovered in crimes of violence, including
homicide. Of the five defendants charged, two were convicted
- the FFL and one of his unlicensed purchasers. Each was
sentenced to 24 months imprisonment." (p. 8)
3)What Punishment Does the Legislature Intend for a Misdemeanor
Violation of this Law? What punishment does the Legislature
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intend for failing to hold a valid certificate of eligibility
and conducting a gun show? Existing law, as well as this
bill, describes a misdemeanor violation with a specified
penalty of the loss of the privilege to obtain a certificate
for a year, but both are silent regarding any other penalties.
Has the Legislature purposely omitted any jail time and/or
fine for this "misdemeanor" violation? The author may wish to
consider an amendment to clarify precisely the penalty for
violating this provision.
4)Is the Gun Show Promoter License Necessary? Currently, the
law requires a promoter of a gun show to have a certificate of
eligibility. Why isn't the certificate of eligibility
sufficient to achieve the author's purpose? DOJ can keep
track of the certificates as easily as it can keep track of a
promoter's license.
5)Who Should Provide Security and Determine the Cost of the
Security? Promoters may justifiably be concerned that some
law enforcement agencies will use the security requirement as
a means to get officers overtime pay and to that end may
require more security than is needed. Earlier versions of
this bill and AB 1097 (Romero) specified a certain number of
security officers per number of tables at the show, such as
one officer for every 25 tables. If the bill sets a specific
ratio, individual promoters will not be at the mercy of local
agencies arbitrarily setting the number of officers needed to
provide security for a gun show.
6)Rural versus Urban. While large urban areas have large police
forces, and therefore could easily staff a gun show with
several officers, many rural areas do not have the numbers of
personnel to staff security at a gun show. A gun show in a
rural county could take a significant percentage of the area's
police force. The disparity means that the same size gun show
may have vastly different security staffing depending on the
location of the show. Is that fair to the promoter who
chooses to hold a show in an urban area? Why should that
promoter's security costs be so much higher than his or her
rural counterpart? Are security concerns roughly the same for
two gun shows of the same size but held in two different
settings? They may be since one primary duty of the security
officer is to check that all documents are properly prepared
and filled out.
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7)Availability of Officers with Special Training Relating to Gun
Shows. What happens if a promoter wants to hold a show in a
rural area and there is no one trained on the local police
force to work gun shows? Presumably, the promoter will have
to find someone with the training. At what cost? From where?
8)What Will the Fee be for the Gun Show Promoter License? AB
1097 (Romero) proposes a $150 fee increase for a dealer's
license to help cover the cost of a Gun Law Enforcement Unit.
This bill does not mention a specific fee amount for the
Promoter License, but the law calls for DOJ to recover the
"full costs of administering the program by fees assessed
applicants who apply for gun show promoter licenses or
renewals thereof." Because this fee relates directly to
training officers specially to handle gun shows, that fee
could be high. How high?
9)Similar Legislation. AB 1097 (Romero), being heard by this
Committee today, and also relates to regulation of gun shows.
The authors have proposed to amended their respective bills in
this Committee hearing, which should eliminate most
substantive conflicts. Still, there may be chaptering
problems which must be considered.
10)Prior Legislation. AB 1871 (Baca), Chapter 268, Statutes of
1998.
REGISTERED SUPPORT / OPPOSITION :
Support
Trauma Foundation (Sponsor)
Opposition
California Rifle and Pistol Association, Inc.
Analysis Prepared by : Harry Dorfman / PUB. S. / (916) 319-3744