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!
***************