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
CONTINUED
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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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