BILL ANALYSIS
AB 295
Page 1
ASSEMBLY THIRD READING
AB 295 (Corbett)
As Amended May 26, 1999
Majority vote
PUBLIC SAFETY 5-2 APPROPRIATIONS 13-6
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|Ayes:|Honda, Cedillo, Keeley, |Ayes:|Migden, Corbett, Davis, |
| |Romero Washington | |Hertzberg, Kuehl, Aroner, |
| | | |Shelley, Steinberg, |
| | | |Thomson, Wesson, Wiggins, |
| | | |Wright, Longville |
| | | | |
|-----+--------------------------+-----+--------------------------|
|Nays:|Battin, Oller |Nays:|Brewer, Ashburn, |
| | | |Campbell, Granlund, |
| | | |Ackerman, Runner |
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SUMMARY : Proposes a number of changes to the laws regulating
gun shows and promoters of gun shows. Requires promoters of gun
shows to obtain a "gun show promoter license" from the
Department of Justice (DOJ). Obligates the promoter to notify
law enforcement regarding specified details of the gun show.
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 :
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 the applicant is
prohibited from 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 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
AB 295
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program, to provide special training for officers regarding
the local, state and federal laws relating to the sale of
firearms at gun shows.
6)Provides that a promoter's knowing violation of this bill is a
misdemeanor punishable by ineligibility for a gun show
promoter license for two years, and a $2,000 fine. A vendor's
violation is a misdemeanor punishable by a $2,000 fine.
7)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.
8)Requires the promoter to submit a written security plan to
local law enforcement not later than 15 days before the event
begins and, if law enforcement approves the plan, it shall
provide policing.
9)Requires the promoter of the gun show to consult with the
sheriff or chief of police on the security plan, and to
contract with local law enforcement to provide policing
services at the promoter's expense. If local police cannot
satisfy security needs, DOJ agents will be requested to assist
at the promoter's expense. Approval of the security plan will
not be a basis for imposing liability on local law enforcement
or local government. Requires local law enforcement to submit
its estimate of costs within 30 days of the event.
10)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.
11)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.
12)Obligates the promoter to inform all prospective gun show
vendors of the requirements of the law and ensure that all
vendors and their employees have obtained a dealer's license.
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13)Specifies if a vendor fails to cooperate with a promoter or
fails to comply with the law's requirements, the vendor shall
be prohibited from participating in the event.
14)Specifies 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.
15)Redefines "transaction" as it relates to the sale or transfer
of title of concealable firearms, but not the lease of such
firearm, as each firearm sold, or whose title is otherwise
transferred, shall be considered a separate transaction.
FISCAL EFFECT : According to the Assembly Appropriations
Committee analysis, this bill has unknown significant costs to:
1)DOJ, fully offset by fees charged to gun show promoters. DOJ
is endeavoring to determine what level of reimbursement may be
required; and,
2)Local law enforcement for providing gun show security. These
costs would be fully reimbursed by gun show promoters.
COMMENTS : 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: 0001033