BILL ANALYSIS ------------------------------------------------------------ |SENATE RULES COMMITTEE | AB 295| |Office of Senate Floor Analyses | | |1020 N Street, Suite 524 | | |(916) 445-6614 Fax: (916) | | |327-4478 | | ------------------------------------------------------------ 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 CONTINUED AB 295 Page 2 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 AB 295 Page 3 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.) AB 295 Page 4 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 AB 295 Page 5 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 AB 295 Page 6 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 AB 295 Page 7 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 **** END ****