BILL ANALYSIS                                                                                                                                                                                                    



                                                             


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|SENATE RULES COMMITTEE            |                   AB 295|
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                       THIRD READING
                              

Bill No:  AB 295
Author:   Corbett (D) & Wright (D)
Amended:  8/23/99 in Senate
Vote:     21

  
  SENATE PUBLIC SAFETY COMMITTEE  :  6-0, 8/17/99
AYES:  Vasconcellos, Burton, Johnston, McPherson, Polanco,  
  Rainey

  SENATE APPROPRIATIONS COMMITTEE  :  Senate Rule 28.8

  ASSEMBLY FLOOR  :  45-22, 6/1/99 - See last page for vote
 

  SUBJECT  :    Firearms:  gun show promoters

  SOURCE  :     Author

 
  DIGEST  :    This bill sets forth in statute requirements and  
guidelines to be met in order to obtain a certificate of  
eligibility for a gun show producer.

  ANALYSIS  :    Existing law provides, with specified  
exceptions, that it is an offense to bring or possess,  
among other things, a firearm within any state or local  
public building.

This bill, in addition, provides an exception for guns  
brought to gun shows, as specified.  

Existing law prohibits a person from promoting or otherwise  
organizing a gun show or event, as defined, unless that  
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person possesses a valid certificate of eligibility.   
Existing law requires specified information regarding  
participants who will sell or transfer firearms at a gun  
show to be provided to local law enforcement within  
specified time limits.  A violation of these provisions is  
a misdemeanor, and renders a person ineligible for a  
certificate of eligibility for a period of one year, as  
specified.

This bill defines a licensed gun show producer as a person  
who has obtained a certificate of eligibility, and requires  
a licensed gun show producer to pay an annual fee of $85 to  
the State Department of Justice (DOJ).  This bill requires  
additional information regarding participants who will sell  
or transfer firearms at a gun show to be provided to DOJ  
and local law enforcement within other specified time  
limits.  This bill also provides that failure by a firearms  
dealer to provide specified information needed by the  
promoter, or failure by the promoter to supply certain  
information, as specified, will result in the dealer being  
prohibited from participating in the gun show or prohibit  
the gun show from commencing, respectively.

Existing law generally regulates the transfer or sale of  
firearms at gun shows.

This bill (1) requires contracts between gun show producers  
and gun show vendors, (2) imposes certain requirements upon  
vendors in connection with the sale and display of firearms  
and ammunition at a gun show, as specified, (3) prohibits,  
except for gun show vendors, peace officers and security  
personnel, any person at a gun show from simultaneously  
possessing ammunition and a firearm, (4) requires the  
posting of specified notices in regard to enforcement of  
firearms sale, (5) requires each vendor to provide  
specified information regarding persons working in the  
vendor's display area to be kept by the show producer, (6)  
requires all firearms brought onto the premises to be  
checked and tagged, as specified, (7) provides that no  
minor shall be admitted to, or be permitted to remain at, a  
gun show or event unless the minor is accompanied by the  
minor's parent or legal guardian at all times while at the  
gun show or event, and (8) provides that a violation of  
these provisions shall be an infraction or misdemeanor, as  







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specified.

What the bill does:

 1.In order to obtain a certificate of eligibility, gun  
   show producers must certify that they are:

   A.    Familiar with laws governing the production and  
      conduct of a gun show (the content of this bill).

   B.    Have at least $1 million in liability insurance.

   C.    Have provided a list of planned show dates and  
      locations for the coming year.

   Producers in compliance with the above shall be  
   designated as licensed.

 2.The following are added to the current list of "willful"  
   violations that would result in the loss of a  
   certificate of eligibility:

   A.    Not preparing a show security plan or submitting  
      revisions to the plan when required.

   B.    Not informing show vendors selling firearms of the  
      laws specific to their activities as vendors while at  
      the show (the content of this bill).

   C.    Not having written contracts with vendors.

   D.    Not submitting to DOJ a list of licensed firearms  
      dealers who will be selling or transferring firearms  
      at the show.

   E.    Not providing to law enforcement and show  
      facilities any revisions of security plans that will  
      make significant changes in security needs.

   F.    A second violation of not posting required signs.   
      (Various signs informing show attendees of specified  
      applicable laws must be posted at the show entrance  
      and in the parking lot.)








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 3.Multiple violations charged against a show producer at  
   more than one show will result in suspension of the  
   producers certificate of eligibility until the  
   violations are adjudicated.

 4.Licensed firearms dealers who do not cooperate with show  
   producers or who are not in compliance with the law,  
   cannot participate in the show.

5. Persons possessing firearms at a gun show must have in  
   their possession and show their identification upon  
   request to a show security officer or to any peace  
   officer.

 6.Penalty provisions:

   A.    Section 12071.1 - A willful violation of "1" and  
      "2" above) by a gun show producer is a misdemeanor  
      and will result in a one year suspension of the  
      producers certificate of eligibility.

   B.    Section 12071.4 - Unless otherwise specified in  
      the statutes, a first violation by a vendor or a  
      person attending the show is an infraction, unless  
      the violation is willfully committed with knowledge  
      that it is an illegal act, in which case a first  
      violation is a misdemeanor.  A second violation by a  
      vendor or a person attending the show is a  
      misdemeanor.

 7.No gun show can commence until security plan  
   requirements have been met.

 8.Reduces time period for a producer to respond to a law  
   enforcement agency's request for information from 72  
   hours to 48 hours.

 9.Specifies the content of a gun show security plan and  
   requires specific approval by the manager of the show  
   facility in consultation with law enforcement having  
   jurisdiction over the facility.

10.Requires a gun show producer to compile a list of  
   vendors and their employees working at the show and to  







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   make it available upon request to law enforcement  
   personnel at the show.

11.The sticker or tag attached to guns brought into the  
   show by show attendees shall have a notice stating that  
   it is illegal to sell a gun without going through a  
   dealer and shall have the attendees identification  
   information and signature written upon it.

12.Clarifies that it is permissible for firearms to be  
   brought into a public facility where a gun show is being  
   held.

13.Provides that no person attending a gun show can have in  
   their possession at the same time both a firearm and  
   ammunition that can be fired in that firearm.

14.Minor children under 18 years of age must be accompanied  
   by a parent, grandparent or legal guardian while at a  
   gun show.

  FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  Yes    
Local:  Yes

  SUPPORT  :   (Verified  8/23/99)

California Shooting Sports Association
California Rifle and Pistol Association

  ARGUMENTS IN SUPPORT  :    The California Shooting Sports  
Association states that this bill "would place provisions  
in statute that are designed to assure the lawful, orderly  
and safe conduct of gun shows held throughout California.

"The membership of the California Shooting Sports  
Association constitutes approximately ninety percent of the  
gun show volume in California.  The organization has worked  
closely with the State Legislature, the Department of  
Justice and law enforcement, over the last few years to  
improve gun shows operating provisions in the state Penal  
Code and to ensure legal and lawful activities at the  
shows.

"Some of these provisions are currently in the gun shows  







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contracts with the State for the lease of state exhibition  
facilities, primarily district agricultural association  
fairgrounds located in counties where gun shows are held.   
Other provisions are currently in the agreement between the  
gun show producers and vendors who rent display space at  
the shows.  Neither the contracts with the state or the  
vendor agreements extend to shows not held on state  
facilities and neither have the force and effect of law.   
Codifying them n AB 295 will expand their scope and  
authority to any show held anywhere in the state, and will  
provide a mandate that these provisions be observed by all  
show producers, show vendors and show attendees statewide.

"The remainder of the provisions in AB 295 have been  
identified as improvements by a gun show working group  
consisting of stake holders in the production and conduct  
of gun shows.  This group included gun show produces, the  
State Department of Fairs and Expositions (California  
Department of Food and Agriculture), the California  
Department of Highway Patrol, the California Department of  
Justice, District Agricultural Association Fairgrounds and  
their representatives.  A similar working group was  
convened several years ago for purposes of developing the  
current contract provisions and, to date, this stake holder  
working group process has worked well.

"AB 295, as amended, is a well thought out legislative  
proposal which, if enacted, will greatly improve all  
aspects of gun show production and operation."


  ASSEMBLY FLOOR  :  45-22, 6/1/99
AYES:  Alquist, Aroner, Bock, Calderon, Cardenas, Cardoza,  
  Cedillo, Corbett, Davis, Dutra, Firebaugh, Floyd,  
  Gallegos, Havice, Hertzberg, Honda, Jackson, Keeley,  
  Knox, Kuehl, Lempert, Longville, Lowenthal, Machado,  
  Mazzoni, Migden, Nakano, Rod Pacheco, Pescetti, Reyes,  
  Romero, Scott, Shelley, Soto, Steinberg, Strom-Martin,  
  Thomson, Torlakson, Vincent, Washington, Wayne, Wesson,  
  Wiggins, Wildman, Villaraigosa
NOES:  Aanestad, Ackerman, Ashburn, Baldwin, Battin, Baugh,  
  Briggs, Dickerson, Florez, Frusetta, Granlund, House,  
  Kaloogian, Leonard, Maddox, McClintock, Olberg, Oller,  
  Papan, Runner, Strickland, Thompson







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NOT VOTING:  Bates, Brewer, Campbell, Correa, Cox, Cunneen,  
  Ducheny, Leach, Maldonado, Margett, Robert Pacheco,  
  Wright, Zettel


RJG:cm  8/23/99   Senate Floor Analyses 

               SUPPORT/OPPOSITION:  SEE ABOVE

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