BILL ANALYSIS                                                                                                                                                                                                    







             SENATE COMMITTEE ON Public Safety
                   Senator John Vasconcellos, Chair   A
                      1999-2000 Regular Session       B

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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  




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          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). 





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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  




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  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?




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 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)) 





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 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  




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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  




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       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  




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       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  




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       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  




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     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  




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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.




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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  




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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.  




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 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.   




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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  




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     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.




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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  




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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  




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     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  




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     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  




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     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  




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                                            AB 295 (Corbett)
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     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  




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     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  




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                                            AB 295 (Corbett)
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     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.








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     (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)
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     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?)  



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