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 shows, 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?) ***************