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: August 17, 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 Coalition of California;
California Sportsman's Lobby; California Rifle
and Pistol Association; Consumer Attorneys of
(More)
AB 295 (Corbett)
Page 2
California ("concern" - see Comment #6)
Assembly Floor Vote: Ayes 45 - Noes 22
(NOTE: SEE COMMENT #7 FOR AMENDMENTS PERTAINING TO GUN
SHOWS WHICH COMMITTEE STAFF UNDERSTANDS MAY BE PROFFERED IN
COMMITTEE.)
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
(AND LOSS OF THE REQUISITE CERTIFICATE OF ELIGIBILITY).
(More)
AB 295 (Corbett)
Page 3
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?
SHOULD THE LOCAL LAW ENFORCEMENT AGENCY, IF IT APPROVES THE PLAN, PROVIDE
POLICING SERVICES, AS SPECIFIED, AND PREPARE A REASONABLE ESTIMATE OF THE
(More)
AB 295 (Corbett)
Page 4
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
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?
(More)
AB 295 (Corbett)
Page 5
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
firearms at gun shows or events. (Penal Code
12071(b)(1)(B))
(More)
AB 295 (Corbett)
Page 6
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,
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
(More)
AB 295 (Corbett)
Page 7
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
gun shows and gun show promoters, including the following:
Creates a gun show promoter licensing program
(More)
AB 295 (Corbett)
Page 8
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.
Requires that the local law enforcement agency,
if it approves the plan, shall provide policing
services, as specified, and shall prepare a
(More)
AB 295 (Corbett)
Page 9
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
basis for imposing liability upon the local law
enforcement agency or local government entity in the
jurisdiction where the gun show or event takes
(More)
AB 295 (Corbett)
Page 10
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
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
(More)
AB 295 (Corbett)
Page 11
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) was passed by this committee on July 13
and is now in the Senate Appropriations Committee. 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
who sells more than five handguns in a calendar year must
become a licensed firearms dealer in California. At the
(More)
AB 295 (Corbett)
Page 12
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) was heard by this
committee on July 13, 1999, and is now on the Senate floor.
It 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
place in a calendar year or on how many firearms are being
transferred in such transactions.
(More)
AB 295 (Corbett)
Page 13
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?
NOTE: Because of the discussion about infrequent sales and
AB 295, the staff working on SB 29 (Peace) appears to
intend to amend that bill to address some of the other
exemptions to mandatory licensing in Penal Code 12070,
such as surviving spouse and law enforcement transactions.
Those changes would not be contingent or actually "tied" to
whether or not changes are made in AB 295 to infrequent
sales provisions.
4. Gun Show Changes Proposed by This Bill (See Comment #7
for possible amendments which would change some of the gun
show provisions of 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
(More)
AB 295 (Corbett)
Page 14
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
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.
(More)
AB 295 (Corbett)
Page 15
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.
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.
(More)
AB 295 (Corbett)
Page 16
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
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.
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
(More)
AB 295 (Corbett)
Page 17
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!
6. Consumer Attorneys of California - Concerns about this
bill
This bill as amended July 8, 1999, contains a liability
exemption law enforcement when a gun show security is
approved; as indicated, it appears to be the author's
intent it instead grant that immunity for facility managers
who approve the event and security plan specifically
required by this bill. If amended, the bill would state
that "the facility's manager shall not subject the
facility's manager or the facility to liability for acts
committed by the producer, vendors, or persons attending
the show." That language is not limited to any particular
kind of acts by those persons, whether intentional or
"gross negligence" or "negligent" acts in general.
That exemption would apply to both public facilities and
private facilities.
The Consumer Attorneys of California point out that for
public facility managers, Government Code 820.2 provides
that:
Except as otherwise provided by statute, a public
employee is not liable for an injury resulting from
his act or omission where the act or omission was the
result of the exercise of the discretion vested in
him, whether or not such discretion be abused.
(More)
AB 295 (Corbett)
Page 18
They then state the following concerns and request:
We respectively request that no immunity language be
placed in whichever language passes from the Senate
Public Safety Committee. We do not believer the
language is necessary or needed, and indeed could have
a negative impact on encouraging responsibility in the
issuance of the plans. If a public entity ends up
being the approval body, we believe that the current
law already addresses the issue. Government Code
Section 820.2 immunizes public entities for these
types of discretionary acts and should be sufficient.
In no event should a private entity be given an
immunity for these types of "discretionary acts."
Such immunities are generally retained solely for
public entities.
SHOULD THE NEW IMMUNITY LANGUAGE BE INCLUDED IN THIS BILL?
SHOULD THAT IMMUNITY INCLUDE PRIVATE FACILITY MANAGERS?
DOES EXISTING GOVERNMENT CODE SECTION 820.2 ALREADY PROVIDE
IMMUNITY FOR PUBLIC FACILITY MANAGERS?
7. Amended Version of This Bill Committee Staff Currently
Believes Represents Author's Intended Amendments Regarding
Gun Shows (with no changes to "infrequent" sales currently
already in AB 295)
The following represents the general understanding of
committee staff about the amendments which the author
intends to place in this bill with regard to gun shows
(with open questions noted) - these provisions are similar
to the language of AB 200 (Wright) as amended on August 16,
1999, except that AB 295 contains a new "license"
requirement instead of continuing the certificate of
eligibility (with conditions on the COE); uses the term
"promoter" rather than "producer"; AB 200 also contains
both the vendor and public attendee language in one new
(More)
AB 295 (Corbett)
Page 19
section (12071.4) rather than two (12071.2 and 12071.21);
the author of AB 295 would also presumably amend Penal Code
171b as proposed in AB 200 (and the author would also
keep the technical changes to 12071 necessitated by the
new gun show promoter license requirement:
12071.1. (a) No person shall produce, promote,
sponsor, operate, or otherwise organize a gun show or
event, as specified in subparagraph (B) of paragraph
(1) of subdivision (b) of Section 12071, unless that
person possesses a valid gun show promoter license
issued by the Department of Justice. A gun show
promoter license shall be issued by the department
provided the applicant does all of the following:
(1) Obtains a certificate of eligibility.
(2) Certifies that he or she is familiar with the
provisions of this section and Sections 12071.2 and
12071.21.
(3) Ensures that liability insurance is in effect for
the duration of an event or show in an amount of not
less than $1,000,000.
(4) Provides an annual list of the gun shows or event
that the applicant plans to promote, produce, sponsor,
operate, or otherwise organize during the year for
which the certificate of eligibility is issued,
including the date, time, and location of the gun
shows or events.
(b) If, during that year the information required by
paragraph (3) of subdivision (a) changes, or
additional gun shows or events will be promoted,
produced, sponsored, operated, or otherwise organized
by the applicant, the promoter shall notify the
Department of Justice no later than 30 days prior to
the gun show or event.
(c) The department shall charge $250 for the two-year
gun show producers license, in addition to the cost of
the Certificate of Eligibility. No fee shall be
charged a gun show license applicant who has fewer
than 50 vendors at any event or show during the period
for which the license is valid. ( Should prorated fee
(More)
AB 295 (Corbett)
Page 20
be added? How - with cap and based on percentage of
promoters annual profits? Should additional condition
of no more than five shows per calendar year be added
for exemption of fee?)
(d) (1) A willful failure by a gun show promoter to
comply with any of the requirements of this section,
except for the posting of required signs, shall be a
misdemeanor punishable by a fine not to exceed two
thousand dollars ($2,000), and shall render the
promoter ineligible for a gun show promoter license
for one year from the date of the conviction.
(2) The willful failure of a gun show promoter to post
signs as required by this section shall be a
misdemeanor punishable by a fine not to exceed one
thousand dollars ($1,000) for the first offense and
not to exceed 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 one year from the date of the conviction.
(3) Multiple violations charged pursuant to paragraph
(1) arising from more than one gun show or event shall
be grounds for suspension of a promoter's license
pending adjudication of the violations.
(e) Prior to the commencement of a gun show or event,
the promoter thereof shall, upon written request,
within 48 hours, or a later time specified by the
requesting law enforcement agency, make available to
the requesting law enforcement agency with
jurisdiction over the facility a complete and accurate
list of all persons, entities, and organizations that
have leased or rented, or are known to the producer 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. The
promoter shall thereafter, upon written request, for
every day the gun show or event operates, within 24
hours, or a later time specified by the requesting law
enforcement agency, make available to the requesting
law enforcement agency with jurisdiction over the
(More)
AB 295 (Corbett)
Page 21
facility, an accurate, complete, and current list of
the persons, entities, and organizations that have
leased or rented, or are known to the producer 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. This
subdivision applies to persons, entities, and
organizations whether or not they participate in the
entire gun show or event, or only a portion thereof.
(f) The information that may be requested by the law
enforcement agency with jurisdiction over the
facility, and that shall be provided by the promoter
upon request, may include, but is not limited to, the
following information relative to a vendor who offers
for sale firearms manufactured after December 31,
1898: his or her complete name, and driver's license
or identification card number.
(g) The promoter and facility manager shall prepare an
annual event and security plan and schedule that shall
include, at a minimum, the following:
(1) The type of show s , including, but not limited to,
antique or general firearms.
(2) The estimated number of vendors offering firearms
for sale or display.
(3) The estimated number of attendees.
(4) The number of entrances and exits at the gun show
or event site.
(5) The location, dates, and times of the shows or
events.
(6) The contact person and phone number for both the
producer and the facility.
(7) The number of sworn peace officers employed by the
producer or the facilities manager who will be present
at the show.
(8) The number of non-sworn security personnel
employed by the producer or the facility's manager who
will be present at the show.
(h) The annual event and security plan shall be
submitted by either the promoter or the facility's
manager to the Department of Justice and the law
(More)
AB 295 (Corbett)
Page 22
enforcement agency with jurisdiction over the
facility. Not later than 15 days prior to the
commencement of the gun show or event, the promoter
shall submit to the department, the law enforcement
agency with jurisdiction over the facility site, and
the facility's manager a revised event and security
plan if significant changes have been made since the
annual plan was submitted, including a revised 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. The event and
security plan shall be approved by the facility's
manager prior to the event or show after consultation
with the law enforcement agency with jurisdiction over
the facility. No gun show or event shall commence
unless the requirements of this subdivision are met.
(Should additional authority be granted law
enforcement to stop show if their "concerns" are not
substantially met? Any forum to settle
"disagreements" about requirements?)
(i) Approval of the event and security plan by the
facility's manager shall not subject the facility's
manager or the facility to liability for acts
committed by the producer, vendors, or persons
attending the show.
(j) The licensee shall be responsible for informing
prospective gun show vendors of the requirements of
this section and of Section 12071.2 that apply to
vendors.
(k) The promoter shall, within seven calendar days of
the commencement of the show or event, but not later
than noon on Friday for a show or event held on a
weekend, submit a list of all prospective vendors and
designated transfer agents who are licensed firearms
dealers to the Department of Justice for the purpose
of determining whether these prospective vendors
possess valid licenses and are thus eligible to
participate as licensed dealers at the show or event.
The department shall examine its records and if it
determines that a dealer's license is not valid, it
(More)
AB 295 (Corbett)
Page 23
shall notify the show or event promoter of that fact
prior to the commencement of the show or event.
(l) If a licensed firearms dealer fails to cooperate
with a promoter or fails to comply with the applicable
requirements of this section or Sections 12071.2 or
12071.21, that person shall not be allowed to
participate in that show or event.
(m) If a promoter fails to comply with subdivision (j)
or (k), the gun show or event shall not commence until
those provisions are met.
(n) All gun show promoters shall have written
contracts with all gun show vendors selling firearms
at the show or event.
(o) The promoter shall require that signs be posted in
a readily visible location at each public entrance to
the show containing, but not limited to, the following
notices:
(1) This gun show follows all federal, state, and
local firearms and weapons laws without exception.
(2) All firearms carried onto the premises by members
of the public shall be checked, cleared of any
ammunition, secured in a manner that prevents them
from being operated, and an identification tag or
sticker will be attached to the firearm prior to the
person being allowed admittance to the show.
(3) No member of the public under the age of 18 years
shall be admitted to the show unless accompanied by a
parent or legal guardian.
(4) All firearms transfers between private parties at
the show shall be conducted through a licensed dealer
in accordance with applicable state and federal laws.
(5) Persons possessing firearms on this facility must
have in their immediate possession government-issued
photo identification, and display it upon request to
any security officer, or any peace officer, as defined
in Section 830.
(p) The show promoter shall post, in a readily visible
location at each entrance to the parking lot at the
show, signage that states: ''The transfer or sale of
firearms on the parking lot of this facility is a
(More)
AB 295 (Corbett)
Page 24
crime.''
Section 12071.2 is added to the Penal Code, to read:
(does not contain AB 200 reference to the "Gun Show
Enforcement and Security Act of 2000".)
12071.2. (a) All gun show or event vendors shall
certify in writing to the gun show promoter that they:
(1) Will not display, possess, or offer for sale any
firearms, knives, or weapons for which the possession
or sale is prohibited.
(2) Acknowledge that they are responsible for knowing
and complying with all applicable federal, state, or
local laws dealing with the possession and transfer of
firearms.
(3) Will not engage in activities that incite or
encourage hate crimes.
(4) Will process all transfers of firearms through
licensed firearms dealers as required by state law.
(5) Will verify that all firearms in their possession
at the show or event will be unloaded, and that the
firearms will be secured in a manner that prevents
them from being operated except for brief periods when
the mechanical condition of a firearm is being
demonstrated to a prospective buyer.
(6) Have complied with the requirements of subdivision
(d).
(7) Will not display or possess black powder, or offer
it for sale.
(b) All firearms transfers at a gun show or event
shall be in accordance with applicable state and
federal laws.
(c) Except for purposes of showing ammunition to a
prospective buyer, ammunition at a gun show or event
may be displayed only in closed original factory boxes
or other closed containers.
(d) Prior to the commencement of a gun show or event,
each vendor shall provide to the promoter all of the
following information relative to the vendor, the
vendor's employees, or other persons, compensated or
not, who will be working or otherwise providing
(More)
AB 295 (Corbett)
Page 25
services to the public at the vendor's display space
if firearms manufactured after December 31, 1898 will
be offered for sale:
(1) His or her complete name.
(2) His or her driver's license or state-issued
identification card number.
(3) His or her date of birth.
The promoter shall keep the information at the show's
onsite headquarters for the duration of the show or
event, and at the promoter's regular place of business
for two weeks after the conclusion of the show or
event, and shall make the information available upon
request to any sworn peace officer for purposes of the
officer's official law enforcement duties.
(e) Vendors and employees of vendors shall wear name
tags indicating first and last name.
(f) Unless otherwise specified, a first violation of
this section is an infraction. Any second or
subsequent violation is a misdemeanor. Any person who
commits an act which he or she knows to be a violation
of this section is guilty of a misdemeanor for a first
offense.
Section 12071.21 is added to the Penal Code, to read:
Section 12071.21 (a) No person at a gun show or event,
other than security personnel or sworn peace officer,
shall possess at the same time both a firearm and
ammunition that is designed to be fired in the
firearm. Vendors having those items at the show for
sale or exhibition are exempt from this prohibition.
(b) No member of the public who is under the age of 18
years shall be admitted to, or be permitted to remain
at, a gun show or event unless accompanied by a parent
or legal guardian. Any member of the public who is
under the age of 18 shall be accompanied by his or her
parent or legal guardian while at the show or event.
(More)
AB 295 (Corbett)
Page 26
(c) Persons other than show or event security
personnel, sworn peace officers, or vendors, who bring
firearms onto the gun show or event premises shall
sign in ink the tag or sticker that is attached to the
firearm prior to being allowed admittance to the show
or event, as provided for in subdivision (d). (Add to
exemption "or honorably retired peace officers unless
they are vendors"?)
(d) All firearms carried onto the premises or a gun
show or event by members of the public shall be
checked, cleared of any ammunition, secured in a
manner that prevents them from being operated, and an
identification tag or sticker shall be attached, prior
to the person being allowed admittance to the show.
The identification tag or sticker shall state that all
firearms transfers between private parties at the show
or event shall be conducted through a licensed dealer
in accordance with applicable state and federal laws.
The person possessing the firearm shall complete the
following information on the tag before it is attached
to the firearm:
(1) The gun owner's signature.
(2) The gun owner's printed name.
(3) The identification number from the gun owner's
government-issued photo identification.
(e) All persons possessing firearms at the gun show or
event shall have in his or her immediate possession,
government issued photo identification, and display it
upon request, to any security officer, or any peace
officer.
(f) Unless otherwise specified, a first violation of
this section is an infraction. Any second or
subsequent violation is a misdemeanor. Any person who
commits an act which he or she knows to be a violation
of this section is guilty of a misdemeanor for a first
offense.
( Should there be an addition of (with an addition to
the signage requirement, as well): "No person other
than a sworn peace officer or honorably retired peace
AB 295 (Corbett)
Page 27
officer shall be permitted to carry a concealed weapon
at a gun show or event." Is requirement for all
members of the public with firearms otherwise
sufficient; would this raise technical questions of
how any firearm may be "carried" at a gun show or
event?)
***************