BILL ANALYSIS SENATE COMMITTEE ON Public Safety Senator John Vasconcellos, Chair A 1999-2000 Regular Session B 2 9 5 AB 295 (Corbett) As Amended July 8, 1999 Hearing date: July 13, 1999 Penal Code SH:jm (1) CHANGES TO INFREQUENT HANDGUN SALES REQUIREMENTS ; (2) GUN SHOWS HISTORY Source:Trauma Foundation Prior Legislation: AB 1871 - Chapter 268, Statutes of 1998 AB 3410 - Chapter 715, Statutes of 1994 AB 1648 - Chapter 189, Statutes of 1993 AB 242 - Chapter 955, Statutes of 1991 AB 497 - Chapter 9, Statutes of 1991 Support: Attorney General; Peace Officers Research Association of California; County of San Mateo; Berkeley City Council; Board of Supervisors, County of Los Angeles; Cal. District, American Academy of Pediatrics; Women Against Gun Violence; Friends Committee on Legislation; Opposition: The California Shooting Sports Association; Outdoor Sportsmen's (More) AB 295 (Corbett) Page 2 Coalition of California; California Sportsman's Lobby; California Rifle and Pistol Association Assembly Floor Vote: Ayes 45 - Noes 22 KEY ISSUES (1) EXISTING LAW PROVIDES THAT NO PERSON SHALL SELL, LEASE, OR TRANSFER FIREARMS UNLESS HE OR SHE HAS BEEN ISSUED A LICENSE TO SELL FIREARMS , BUT EXEMPTS THE INFREQUENT SALE, LEASE, OR TRANSFER OF FIREARMS. FOR HANDGUNS, "INFREQUENT" MEANS LESS THAN 6 TRANSACTIONS PER CALENDAR YEAR, AND THAT "TRANSACTION" MEANS A SINGLE SALE, LEASE, OR TRANSFER OF ANY NUMBER OF HANDGUNS. SUCH TRANSACTIONS STILL MUST COMPLY WITH LAW WHICH GENERALLY MEANS THAT THEY HAVE TO BE MADE THROUGH A DEALER, SUBJECT TO A WAITING PERIOD AND A BACKGROUND CHECK. SHOULD INFREQUENT "TRANSACTION" FOR HANDGUNS BE CHANGED TO MEAN EACH FIREARM SOLD OR WHOSE TITLE IS OTHERWISE TRANSFERRED SHALL BE CONSIDERED A SEPARATE TRANSACTION, AND FOR LEASES OF HANDGUNS, ANY LEASE AT ONE TIME OF ANY NUMBER OF THESE FIREARMS SHALL BE CONSIDERED ONE TRANSACTION? (2) EXISTING LAW REQUIRES A PROMOTER, PRODUCER, SPONSOR, OR OPERATOR OF A GUN SHOW TO UNDERGO A BACKGROUND CHECK BY DOJ PRIOR TO THE GUN SHOW AND POSSESS A VALID CERTIFICATE OF ELIGIBILITY, VALID FOR ONE YEAR, AND MAKES GUN SHOW PROMOTERS WHO FAIL TO PROVIDE LOCAL LAW ENFORCEMENT WITH A COMPLETE LIST OF ALL PERSONS, ENTITIES, AND ORGANIZATIONS THAT HAVE LEASED OR RENTED, OR ARE KNOWN TO THE PROMOTER TO INTEND TO LEASE OR RENT, ANY TABLE, DISPLAY SPACE, OR AREA AT THE GUN SHOW OR EVENT FOR THE PURPOSE OF SELLING, LEASING OR TRANSFERRING FIREARMS, GUILTY OF A MISDEMEANOR (More) AB 295 (Corbett) Page 3 (AND LOSS OF THE REQUISITE CERTIFICATE OF ELIGIBILITY). SHOULD THE LAW PERTAINING TO GUN SHOW PROMOTERS BE AMENDED AS FOLLOWS: CREATE A GUN SHOW PROMOTER LICENSING PROGRAM ADMINISTERED BY THE DEPARTMENT OF JUSTICE, WITH FULL COSTS TO BE RECOVERED FROM LICENSE APPLICANTS, INCLUDING IN THAT PROGRAM SPECIAL TRAINING FOR OFFICERS ON THE APPLICABLE FEDERAL, STATE, AND LOCAL LAWS IMPACTING FIREARM SALES AT GUN SHOWS OR EVENTS? (CONTINUED) PROVIDE THAT NO PERSON SHALL PRODUCE, PROMOTE, SPONSOR, OPERATE, OR OTHERWISE ORGANIZE A GUN SHOW OR EVENT WITHOUT A GUN SHOW PROMOTER LICENSE, WHICH WOULD BE VALID FOR UP TO 2 YEARS? SHOULD LICENSED GUN SHOW PROMOTERS BE SUBJECT TO REVISED PENALTIES FOR FAILURE TO COMPLY WITH THE LAW AND SHOULD GUN SHOW VENDORS BE ADDED AS SUBJECT TO SIMILAR PENALTIES? SHOULD A VENDOR NOT BE ALLOWED TO PARTICIPATE IN A SHOW OR EVENT IF A VENDOR FAILS TO COOPERATE WITH A PROMOTER OR FAILS TO COMPLY WITH THE REQUIREMENTS OF THIS BILL? SHOULD A GUN SHOW OR EVENT SHALL BE CLOSED DOWN BY LOCAL LAW ENFORCEMENT UNTIL THE REQUIREMENTS ARE MET IF THE PROMOTER FAILS TO PROVIDE INFORMATION REQUIRED BY THIS BILL, OR FAILS TO ENSURE THAT ALL OF THE VENDORS POSSESS ALL REQUIRED PERMITS, LICENSES, OR CERTIFICATES? SHOULD GUN SHOW PROMOTERS BE REQUIRED, NOT LATER THAN 15 DAYS PRIOR TO THE COMMENCEMENT OF A GUN SHOW, TO SUBMIT TO THE DEPARTMENT OF JUSTICE AND LOCAL LAW ENFORCEMENT A "SAFETY" PLAN AND A LIST OF VENDORS, THAT THE PROMOTER KNOWS, OR REASONABLY SHOULD KNOW, WILL BE RENTING TABLES, SPACE, OR OTHERWISE PARTICIPATING IN THE GUN SHOW OR EVENT AND A WRITTEN "SECURITY" PLAN TO THE LOCAL LAW ENFORCEMENT AGENCY FOR ITS APPROVAL? (More) AB 295 (Corbett) Page 4 SHOULD THE LOCAL LAW ENFORCEMENT AGENCY, IF IT APPROVES THE PLAN, PROVIDE POLICING SERVICES, AS SPECIFIED, AND PREPARE A REASONABLE ESTIMATE OF THE COSTS OF PROVIDING THESE SERVICES, AND SUBMIT THIS ESTIMATE TO THE LICENSEE FOR REIMBURSEMENT WITHIN 30 DAYS AFTER THE CONCLUSION OF THE GUN SHOW OR EVENT? SHOULD THE PROMOTER BE REQUIRED TO CONSULT WITH THE LOCAL LAW ENFORCEMENT AGENCY HAVING JURISDICTION OVER THE VENUE SITE ON THE SECURITY PLAN FOR APPROVAL OF THE PLAN? (CONTINUED) SHOULD THE APPROVED PLAN BE FILED WITH THE LOCAL LAW ENFORCEMENT AGENCY AND THE DEPARTMENT OF JUSTICE? SHOULD THE PROMOTER BE REQUIRED TO PREPARE AN ANNUAL EVENT PLAN AND SCHEDULE THAT SHALL INCLUDE SPECIFIED INFORMATION? SHOULD THE LOCAL LAW ENFORCEMENT AGENCY HAVING JURISDICTION OVER THE VENUE SITE BE AUTHORIZED TO REQUIRE THE PRESENCE OF AN OFFICER OF THE AGENCY AT EACH GUN SHOW OR EVENT, WITH THE PROMOTER REQUIRED TO CONTRACT WITH THE LOCAL LAW ENFORCEMENT AGENCY TO PROVIDE, AT THE PROMOTER'S EXPENSE, THE REQUIRED LAW ENFORCEMENT OFFICERS AT THE GUN SHOW OR EVENT? IN THE EVENT THAT THE LOCAL LAW ENFORCEMENT AGENCY IS UNABLE TO ADEQUATELY PROVIDE POLICING SERVICES AT THE GUN SHOW OR EVENT, SHALL AN AGENT OR AGENTS FROM THE DEPARTMENT OF JUSTICE BE REQUESTED BY THE LOCAL LAW ENFORCEMENT AGENCY, WITH THE PROMOTER REQUIRED TO CONTRACT WITH THE DEPARTMENT TO PROVIDE, AT THE PROMOTER'S EXPENSE, THE SERVICES OF THE AGENT OR AGENTS? SHOULD APPROVAL OF THE SECURITY PLAN BY THE LOCAL LAW ENFORCEMENT AGENCY NOT BE A BASIS FOR IMPOSING LIABILITY UPON THE LOCAL LAW ENFORCEMENT AGENCY OR LOCAL GOVERNMENT ENTITY IN THE JURISDICTION WHERE THE GUN SHOW OR EVENT TAKES PLACE? SHOULD THE APPROVAL OF THE SECURITY PLAN BY THE LOCAL LAW ENFORCEMENT AGENCY (More) AB 295 (Corbett) Page 5 BE SUFFICIENT TO ALLOW THE GUN SHOW OR EVENT TO PROCEED, IF THE LOCAL LAW ENFORCEMENT AGENCY OR THE DEPARTMENT OF JUSTICE DO NOT PROVIDE EVENT SECURITY? IF THE SECURITY PLAN REQUIRED BY THIS BILL REQUIRES A POLICE OFFICER TO BE IN CHARGE OF SECURITY AT A GUN SHOW OR EVENT, SHOULD THAT OFFICER HAVE RECEIVED SUFFICIENT TRAINING WITH RESPECT TO APPLICABLE GUN LAWS FROM THE DEPARTMENT OF JUSTICE? (CONTINUED) SHOULD RELATED ADDITIONS AND CHANGES TO LAW BE MADE? PURPOSE The purpose of this bill is to (1) require that any person who sells more than five handguns in a calendar year be licensed as a firearms dealer in California, as specified; and, (2) to make a number of changes and additions to the law pertaining to gun shows, as specified. Existing law : Generally requires that the sale, loan or transfer of a firearm (handguns, rifles and shotguns) in California must be conducted through a state-licensed firearms dealer or through a local sheriff's department in counties of less than 200,000 population. A 10-day waiting period, background check, and handgun safety certificate for handgun transfers are required prior to delivery of the firearm. (Penal Code 12072(c) and (d) and 12084) Allows firearms dealers to conduct business only in their licensed premises, sell their gun inventory at gun shows or events, or process private sales or transfers of any (More) AB 295 (Corbett) Page 6 firearms at gun shows or events. (Penal Code 12071(b)(1)(B)) Requires the Department of Justice (DOJ) to keep a centralized list of all licensed firearms dealers and make information about an individual dealer available, upon request, for law enforcement purposes, or when the information is requested by a firearms licensee for determining the validity of the licensee for firearm shipments. (Penal Code 12071(e)(1) or (2)) Requires that pistols and revolvers be registered at the time of retail sale or transfer as recorded on the Dealers' Record of Sale forms being compiled centrally or by voluntary action of the owner. (Penal Code 11106, 12001, 12072(d), 12077, 12078, and 12082.) Requires a promoter, producer, sponsor, or operator of a gun show to undergo a background check by DOJ prior to the gun show and possess a valid Certificate of Eligibility. (Penal Code 12071.1) Finds gun show promoters who fail to provide local law enforcement with a complete list of all persons, entities, and organizations that have leased or rented, or are known to the promoter to intend to lease or rent, any table, display space, or area at the gun show or event for the purpose of selling, leasing or transferring firearms, guilty of a misdemeanor (and loss of the requisite Certificate of Eligibility). (Penal Code 12071.1) Authorizes DOJ to release information about an individual firearms dealer, upon request, when the requester is a person promoting, sponsoring, operating, or otherwise organizing a gun show or event, as defined in federal law, if specified circumstances exist. (Penal Code 12071(e)(3)) Existing law provides that while no person shall sell, (More) AB 295 (Corbett) Page 7 lease, or transfer firearms unless he or she has been issued a specified license, the law exempts from this requirement the infrequent sale, lease, or transfer of firearms; for pistols, revolvers, and other firearms capable of being concealed upon the person, "infrequent" means less than 6 transactions per calendar year; and "transaction" means a single sale, lease, or transfer of any number of pistols, revolvers, or other firearms capable of being concealed upon the person. (Some specific additional exemptions from such licensing requirements do exist in the law, such as transfers made by operation of law, including those made by the trustee of an estate.) (Penal Code 12070(b)(4) and (c)(1)(A)) Existing law provides that any person seeking a license to sell firearms in California must obtain the following (all Penal Code 12071): (A) A valid federal firearms license. (B) Any regulatory or business license, or licenses, required by local government. (C) A valid seller's permit issued by the State Board of Equalization. (D) A certificate of eligibility issued by the Department of Justice (a COE involves a background check to ensure the applicant may possess firearms and enters the person is DOJ computer system which alerts the DOJ if the person subsequently comes into a category of persons prohibited from possessing firearms). (E) A local license to sell firearms issued in the prescribed format, which may be valid for not more than one year. This bill changes the definition of "infrequent" sales of handguns so that any person any person who sells more than five handguns in a calendar year must be licensed as a firearms dealer in California, as specified. This bill makes numerous changes in the law pertaining to (More) AB 295 (Corbett) Page 8 gun shows and gun show promoters, including the following: Creates a gun show promoter licensing program administered by the Department of Justice, with full costs to be recovered from license applicants, including in that program special training for officers on the applicable federal, state, and local laws impacting firearm sales at gun shows or events. Provides that no person shall produce, promote, sponsor, operate, or otherwise organize a gun show or event without a gun show promoter license, which would be valid for up to 2 years. Subjects licensed gun show promoters to revised penalties for failure to comply with the law and should gun show vendors be added as subject to similar penalties. Provides that if a vendor fails to cooperate with a promoter or fails to comply with these requirements, that vendor shall not be allowed to participate in that show or event and that if the promoter fails to provide information required by this subdivision, or fails to ensure that all of the vendors possess all required permits, licenses, or certificates, the gun show or event shall be closed down by local law enforcement until these requirements are met. Requires that gun show promoters, not later than 15 days prior to the commencement of a gun show, submit to the Department of Justice and local law enforcement a "safety" plan and a list of vendors, that the promoter knows, or reasonably should know, will be renting tables, space, or otherwise participating in the gun show or event and a written "security" plan to the local law enforcement agency for its approval. (More) AB 295 (Corbett) Page 9 Requires that the local law enforcement agency, if it approves the plan, shall provide policing services, as specified, and shall prepare a reasonable estimate of the costs of providing these services, and submit this estimate to the licensee for reimbursement within 30 days after the conclusion of the gun show or event. Requires that the gun show promoter consult with the local law enforcement agency having jurisdiction over the venue site on the security plan for approval of the plan. Requires that the approved plan be filed with the local law enforcement agency and the Department of Justice. Requires that the promoter prepare an annual event plan and schedule that shall include specified information. Authorizes the local law enforcement agency having jurisdiction over the venue site to require the presence of an officer of the agency at each gun show or event, with the promoter required to contract with the local law enforcement agency to provide, at the promoter's expense, the required law enforcement officers at the gun show or event. Requires that, in the event that the local law enforcement agency is unable to adequately provide policing services at the gun show or event, an agent or agents from the Department of Justice shall be requested by the local law enforcement agency, with the promoter required to contract with the Department to provide, at the promoter's expense, the services of the agent or agents. Provides that approval of the security plan by the local law enforcement agency shall not be a (More) AB 295 (Corbett) Page 10 basis for imposing liability upon the local law enforcement agency or local government entity in the jurisdiction where the gun show or event takes place. Provides that the approval of the security plan by the local law enforcement agency shall be sufficient to allow the gun show or event to proceed, if the local law enforcement agency or the Department of Justice do not provide event security. Requires that if the security plan required by this bill requires a police officer to be in charge of security at a gun show or event, that officer shall have received sufficient training with respect to applicable gun laws from the Department of Justice. This bill makes numerous related additions and changes to law. COMMENTS 1. Need for This Bill Background provided by the author includes the following: Gun shows have long been recognized as places where large numbers of both legal and illegal firearm and ammunition transactions take place. Last year, there were 188 gun shows advertised in California alone and 4,442 nationwide. It's time to stop the loophole that allows such easy access to firearms and ensure that all state and federal law are obeyed. AB 295 will require a gun show promoter to provide local law enforcement agencies, with a detailed security plan before the show gates open. The security plan will require the approval by the local (More) AB 295 (Corbett) Page 11 law enforcement agency with jurisdiction over the venue site. AB 295 prohibits minors from attending a gun show unless accompanied by a parent or legal guardian. AB 295 will add a progressive degree of fines for violations of this section. 2. Related Legislation AB 200 (Wright) is to be heard by this committee today and would make a number of changes to the law pertaining to gun shows, including some provisions that are identical to the provisions in AB 295 and some of which are in substantive conflict with provisions of AB 295. AB 1097 (Romero) is to be heard by this committee today. It would create a new Firearm Law Enforcement Unit within the Department of Justice with the mission of investigating and enforcing all laws covered in the Dangerous Weapons Control Law and to assist in gathering evidence and prosecuting by local government of gun law violations; it would require the Department of Justice to report to the Legislature annually on the number of gun shows or events that occur in this state, the number of firearms sold at gun shows or events each year, and the number of firearms sold at gun shows that are booked into evidence by law enforcement each year; and it would provide that gun show security officers and sworn peace officers at a gun show shall have the authority to inspect all merchandise possessed by vendors while on gun show premises, whether or not the merchandise is on display. None of the provisions of AB 1097 are in conflict with either AB 295 or AB 200. 3. Proposed Change to the Definition of Infrequent Sales of Handguns This bill proposes to require that, generally, any person (More) AB 295 (Corbett) Page 12 who sells more than five handguns in a calendar year must become a licensed firearms dealer in California. At the present time, any person may sell or transfer handguns on an infrequent basis without being required to obtain a firearms dealers license if the person engages in the infrequent sale, lease, or transfer of firearms. For pistols, revolvers, and other firearms capable of being concealed upon the person, "infrequent" means less than 6 transactions per calendar year and "transaction" means a single sale, lease, or transfer of any number of pistols, revolvers, or other firearms capable of being concealed upon the person. While those transactions do not require that a person obtain a firearm dealers license, those transactions must still generally be made through a licensed firearms dealer - or sheriff's department in a smaller county if a dealer is unavailable - and are subject to both background checks and a 10-day waiting period before delivery. It may be unclear what the effect of the proposed change in this bill would be, especially in light of other bills currently in the legislature. For example, AB 32 (Scott) is on the unfinished business file and would prohibit new firearms dealers licenses from being issued if the "building" designated in the license is within 1,000 feet of a school. AB 988 (Lowenthal) is being heard in this committee today and would prohibit firearms dealers licenses for dealers whose "building" designated in the license is not essentially a commercial or retail establishment. If this bill prohibits a person from legally selling more that five handguns in a calendar year without a dealers license and if other bills restrict the ability of persons to become licensed in California, then what changes in behavior are to be anticipated? The Department of Justice is not able at the present time to provide data on how many infrequent transfers are taking (More) AB 295 (Corbett) Page 13 place in a calendar year or on how many firearms are being transferred in such transactions. WITHOUT FURTHER DATA, IS THIS PROPOSED CHANGE PREMATURE? It has also been suggested that some law enforcement agencies would be affected by this change proposed in this bill. IF THE GOAL OF THE CURRENT HANDGUN "REGISTRATION" SYSTEM IS TO COLLECT AND MAINTAIN ACCURATE INFORMATION ABOUT HANDGUN TRANSFERS, WHAT EFFECT MIGHT THIS PROPOSED CHANGE HAVE ON LAWFUL TRANSFERS? WOULD REQUIRING LICENSURE AS A DEALER HAVE ANY EFFECT ON THOSE PERSONS WHO MAY BE TRANSFERRING HANDGUNS UNLAWFULLY AT THE PRESENT TIME? 4. Gun Show Changes Proposed by This Bill This bill proposes a number of changes to the law pertaining to gun shows. This bill would require a new gun show promoter's license valid for two years rather than simply a Certificate of Eligibility. This bill then requires the Department of Justice to adopt regulations to administer the new license program and to recover full costs for the program from applicants for the license. The bill then includes as part of the licensing program "the department shall formulate and provide special training for officers on the applicable federal, state, and local laws impacting firearm sales at gun shows or events." It is unclear to committee staff how many gun show promoters would apply for the license required by this bill, and it is unclear how much the license would cost. However, if only a relatively few persons apply for the license and the costs are to apportioned among those persons for all costs, including training for law (More) AB 295 (Corbett) Page 14 enforcement officers, then it may be that the license would be relatively expensive. SHOULD A NEW LICENSING PROGRAM BE CREATED AS PROPOSED, INCLUDING IN ITS COSTS THE TRAINING OF LAW ENFORCEMENT ON ALL LAW IMPACTING SALES OF FIREARMS AT GUN SHOWS? IS IT CLEAR FROM THIS BILL WHAT THE NEW LICENSING PROGRAM WOULD ENTAIL THAT THE C.O.E. REQUIREMENT DOES NOT ALREADY PROVIDE, OTHER THAN PAYING FOR LAW ENFORCEMENT TRAINING? This bill revises the penalties for gun show promoters who fail to comply with the law and add new penalties for gun show vendors: A knowing failure by a gun show promoter to comply with any of the requirements of this section, except for the required documentation requirements, shall be a misdemeanor punishable by a fine not to exceed $2,000, and shall render the promoter ineligible for a gun show promoter license for two years from the date of the violation. The failure of a gun show promoter to provide any documentation required by this section in a timely manner shall be a misdemeanor punishable by a fine of $1,000 for the first offense and two thousand dollars $2,000 for the second or subsequent offense, and with respect to the second or subsequent offense, shall render the promoter ineligible for a gun show promoter license for two years from the date of the violation. A violation of this section by a vendor, except for the required documentation requirements, shall be a misdemeanor, punishable by a fine not to exceed $2,000. The failure of a vendor to provide any documentation required by this section in a timely manner shall be a misdemeanor punishable by a fine of $1,000 for the first offense and $2,000 for the second or subsequent offense. (More) AB 295 (Corbett) Page 15 Existing law pertaining to gun show promoters only does make violations of Penal Code 12071.1 a misdemeanor (up to six months in a county jail and/or a fine of up to $1,000) and ineligibility for a Certificate of Eligibility for one year from the date of the violation or conviction, whichever is later. This bill deletes any "jail" time from the penalty but increases the fines and does create a number of new requirements, which if not met would constitute a violation. Some of those new requirements appear more egregious than others. In addition, both the current law and this bill do use the term "knowing"; Penal Code 17 defines "knowingly" as follows: 5. The word "knowingly" imports only a knowledge that the facts exist which bring the act or omission within the provisions of this code. It does not require any knowledge of the unlawfulness of such act or omission. To the extent that "knowing" and "knowingly" are similar, neither implies a deliberate attempt to avoid requirement of law. ARE THE PENALTIES PROPOSED BY THIS BILL APPROPRIATE? This bill contains a number of new statutory requirements regarding security at gun shows. On page 21, line 6, the bill refers to a "safety" plan but the other references in the bill are to a "security" plan. This bill requires gun show promoters to work with law enforcement, as specified. In one provision, it requires a gun show promoter to pay local law enforcement for providing officers, if the local agency requires that officers shall be present. In another section, the local law enforcement agency shall provide an "estimate" of providing security if the agency decides to do so and then the estimate is to be submitted for reimbursement by the gun show promoter within 30-days after the conclusion of (More) AB 295 (Corbett) Page 16 the gun show. It may be unclear why a gun show promoter would be billed for an "estimate" of costs after the conclusion of the gun show. ARE THE PROVISIONS OF THIS BILL PERTAINING TO SECURITY PLANS AND REIMBURSEMENT TO LAW ENFORCEMENT CLEAR AND CONSISTENT? 5. Opposition to This Bill The California Sportsman's Lobby states in opposition: The security provisions listed in this bill are in excess of what is actually needed. Security is currently coordinated with local law enforcement and its needs are always fulfilled upon request. The gun shows in California are already tightly regulated by the producers and local law enforcement and the provisions in this bill could serve to drive gun shows out of business. This would very negatively impact the California Sportsman's Lobby members. (More) AB 295 (Corbett) Page 17 The California Rifle and Pistol Association states in opposition: This bill appears to have as its underlying purpose making it difficult for anyone to produce a show by imposing time consuming and costly requirements that do not improve existing show operations relative to compliance with firearms transfer and possession laws, show security or, for that matter, any other aspect of show production. It also contains provisions that would result in show producers losing their livelihood for acts that AB 295 defines as misdemeanors. This would violate the long-standing principle of penalties being commensurate with the severity of the offenses. No one should lose their livelihood because of a misdemeanor described in AB 295! ***************