BILL ANALYSIS                                                                                                                                                                                                    



                                                          AB 295
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  Without Reference To File
  
CONCURRENCE IN SENATE AMENDMENTS
AB 295 (Corbett)
As Amended August 24, 1999
Majority vote
  
ASSEMBLY: 45-22                 (June 1, 1999)                   
SENATE:   23-8 (August 25, 1999)
   
  Original Committee Reference:    PUB. S.
  
  SUMMARY  :  Proposes changes to the laws regulating gun shows, gun  
show promoters and vendors. Obligates the promoter to notify law  
enforcement regarding specified details of the gun show.   
Requires each gun show to have a "security plan", a minimum $1  
million insurance policy, and signs posted with information for  
attendees.  Creates the Gun Show Enforcement and Security Act  
(Act) of 2000.   

  The Senate amendments  :

1)Require the Department of Justice (DOJ) to issue a certificate  
  of eligibility (COE) to a gun show producer, unless DOJ's  
  records indicate that the applicant is prohibited from  
  possessing firearms, if the applicant does all of the  
  following:

   a)   Certifies that he or she is familiar with the Penal Code  
     sections governing gun shows;

   b)   Ensures that at least $1 million of liability insurance  
     covers the show; and,

   c)   Provides an annual list of gun shows the applicant plans  
     to promote, produce, sponsor, operate, or organize during  
     the year for which the COE is issued, including the date,  
     time and location of each event.

2)Define "licensed gun show producer" to mean a person who has  
  been issued a COE by DOJ.

3)Authorize DOJ to assess a licensed gun show producer an annual  
  fee of $85.

4)Require a gun show promoter, before the start of a gun show,  







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  to make available to local law enforcement a complete and  
  accurate list of all persons, entities and organizations that  
  have leased or rented any space to sell, lease or transfer  
  firearms.  The promoter must produce the data within 48 hours,  
  or at a later specified time.

5)Require the promoter, upon request, for every day the gun show  
  operates to make available within 24 hours (or a later  
  specified time) to the requesting law enforcement agency a  
  complete and accurate list of all persons, entities, and  
  organizations that have leased or rented any space to sell,  
  lease or transfer firearms.

6)Require the producer to submit not later than 15 days before  
  the start of the show to DOJ, local law enforcement and the  
  facility 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.

7)Require the producer within seven calendar days of the start  
  of a show, but not later than noon Friday for a show held on a  
  weekend, to submit to DOJ a list of prospective vendors and  
  designated firearms transfer agents who are licensed dealers  
  so that DOJ may check whether the listed vendors and transfer  
  agents possess valid licenses.

8)Provide that #4 and #5 above apply to any person, entity or  
  organization whether they participate in the entire gun show  
  or just a portion of it.

9)Specify the following information which local law enforcement  
  may request, but is not limited to requesting, and which the  
  promoter must provide:  a) driver's license or identification  
  card number; b) federal firearms license; c) certificate of  
  eligibility; d) state sellers permit; e) local firearm dealer  
  permit; and, f) business license.

10)  Require each vendor and vendor's employee to provide photo  
  identification, and each vendor and employee must display an  
  official vendor badge indicating the person's first and last  
  name.

11)  Require a vendor to provide any additional information  
  which law enforcement requests, up to and including the day of  
  the gun show.








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12)  Provide that a licensed firearms dealer who fails to  
  cooperate with a producer or fails to comply with the gun show  
  requirements shall not be allowed to participate in that show.

13)  Require the promoter, when applying for a gun show promoter  
  license, to list the gun shows that the promoter plans to  
  produce, sponsor, operate, or otherwise organize during the  
  year for which the license will be issued, including the date,  
  time and location of each gun show.  Require the promoter to  
  notify the Bureau of Alcohol, Tobacco and Firearms (BATF).   
  Specify that if during the year the information changes, or  
  additional gun shows will be promoted, the promoter must  
  notify DOJ no later than 30 days before the gun show.

14)  Require the producer to post signs in a "readily visible  
  location" at each public entrance containing the following  
  information:

   a)   This gun show follows all federal, state, and local  
     firearms and weapons laws without exception;

   b)   All firearms carried onto the premises by members of the  
     public will be checked, cleared of ammunition, secured so  
     they cannot be fired, and an identification tag will be  
     attached to each firearm;

   c)   No member of the public under 18 years of age will be  
     admitted unless accompanied by a parent, grandparent or  
     guardian;

   d)   All firearms transfers between private parties at the  
     show shall be conducted through a licensed dealer in  
     accordance with applicable state and federal laws; and,

   e)   Those persons who possess firearms at the show must  
     possess a government-issued photo I.D., and display it upon  
     request to any security or peace officer.

15)  Require the promoter to prepare an annual event and  
  security plan and schedule to be filed with local law  
  enforcement and DOJ that shall include at a minimum the  
  following:

   a)   Type of shows including antique or general firearms;

   b)   Estimated number of vendors offering firearms for sale  







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     or display;

   c)   Estimated number of attendees;

   d)   Number of entrances and exists at the gun show site;

   e)   Location, dates and times of the shows;

   f)   Contact person and phone number for both the producer  
     and the facility; and,

   g)   Number of security personnel who will be present at the  
     show, and whether they are sworn peace officers.

16)  Require the facility manager to approve the event and  
  security plan, after consultation with local law enforcement  
  regarding the plan.

17)  Require the security plan to provide a complete and  
  accurate list of all persons, entities and organizations that  
  have leased or rented space in order to sell, lease or  
  transfer firearms.

18)  Provide that no minor may attend a gun show unless  
  accompanied by a parent, grandparent or guardian.

19)  Provide that the only people allowed to carry a firearm and  
  ammunition at a gun show are sworn peace officers and security  
  personnel.

20)  Provide that the promoter post a sign at each parking lot  
  entrance which states, "The transfer of firearms on the  
  parking lot of this facility is a crime."

21)  Require persons possessing firearms at a gun show to have  
  in their immediate possession a government-issued photo  
  identification and display it upon request to any security or  
  peace officer.

22)  Require all producers to have written contracts with all  
  vendors selling firearms at the show.

23)  Set the penalties for a gun show producer's willful failure  
  to comply with the specified requirements, except for the  
  posting of required signs, as a misdemeanor punishable by a  
  fine not to exceed $2,000, and shall render the producer  







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  ineligible for a "gun show producer license" for one year from  
  the date of the conviction.

24)  Set the penalties for a gun show producer's willful failure  
  to post required signs as a misdemeanor punishable as a fine  
  not to exceed $1,000 for the first offense, and not to exceed  
  $2,000 for the second or subsequent offense (which second or  
  subsequent offense shall also make the producer ineligible for  
  a gun show producer license for one year from the date of the  
  conviction).

25)  Specify that charged multiple violations against a producer  
  arising from more than one gun show or event shall be grounds  
  for suspension of a producer's COE pending adjudication.

26)  Exempt from the prohibition against bringing firearms or  
  other specified weapons to any state or local public building,  
  or any meeting required to be open to the public, a person  
  who, for the purpose of sale or trade, brings any weapon that  
  may otherwise be lawfully transferred, into a gun show  
  conducted pursuant to the Penal Code.

27)  Exempt from the prohibition against bringing firearms or  
  other specified weapons to any state or local public building,  
  or any meeting required to be open to the public, a person  
  who, for purposes of an authorized public exhibition, brings  
  any weapon that may otherwise be lawfully possessed, into a  
  gun show conducted pursuant to the Penal Code.

28)  Require all gun show vendors to certify in writing to the  
  producer that they:

   a)   Will not display, possess, or offer for sale any  
     firearms, knives, or weapons for which possession or sale  
     is prohibited;

   b)   Acknowledge that they are responsible for knowing and  
     complying with all applicable, federal, state, and local  
     laws dealing with the possession and transfer of firearms;

   c)   Will not engage in activities that incite or encourage  
     hate crimes;

   d)   Will process all transfers of firearms through licensed  
     firearms dealers as required by state law;








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   e)   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 is being demonstrated to a prospective buyer;

   f)   Have given all the information required by #31 below;  
     and,

   g)   Will not display or possess black powder, or offer it  
     for sale.

29)  Require all firearms transfers to meet applicable state and  
  federal laws.

30)  Require ammunition to be displayed in closed original  
  factory boxes or other closed containers, except when showing  
  ammunition to a prospective buyer.

31)  Require each vendor, before the start of a show, to provide  
  the producer with the following information about the vendor,  
  the vendor's employees and other persons, compensated or not,  
  who will be working or providing services to the public from  
  the vendor's display space if firearms manufactured after  
  December 31, 1898 will be offered for sale:  a) his or her  
  complete name; b) his or her driver's license or state-issued  
  identification card number; and, c) his or her date of birth.

32)  Require each producer to keep the information in #31 above  
  at the show's onsite headquarters for the duration of a show,  
  and at the producer's regular place of business for two weeks  
  after a show, and make the information available upon request  
  to any sworn officer pursuant to his or her official duties.

33)  Require people other than show security personnel, sworn  
  peace officers, or vendors who bring firearms onto show  
  premises to sign in ink the tag or sticker attached to the  
  firearm prior to being admitted to a show.

34)  Require all firearms carried onto the premises of a show by  
  members of the public to be checked, cleared of ammunition,  
  secured in a way that they cannot be operated, and an I.D. tag  
  or sticker attached.  The I.D. tag or sticker must state that  
  all firearms transfers between private parties at a show must  
  be conducted through a licensed dealer pursuant to state and  
  federal laws.  The person possessing the firearm must put the  







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  following information on the tag or sticker before it is  
  attached:

   a)   The gun owner's signature;

   b)   The gun owner's printed name; and,

   c)   The I.D. number from the gun owner's government-issued  
     photo I.D.

35)Specify that a first violation of the Act of 2000 is an  
  infraction.  Any second or subsequent violation is a  
  misdemeanor.  Any person who knowingly violates the Act is  
  guilty of a misdemeanor for a first offense.

  AS PASSED BY THE ASSEMBLY  , this bill:

1)Required any person who produced, promoted, sponsored,  
  operated or otherwise organized a gun show or event to possess  
  a valid "gun show promoter license" issued by DOJ.

2)Required DOJ to issue the gun show promoter license to an  
  applicant unless DOJ's records indicated the applicant was  
  prohibited from possessing firearms.

3)Specified that the gun show promoter license shall be valid  
  for two years from the date of issuance.

4)Required DOJ to adopt regulations to administer the gun show  
  promoter license program, and recover the costs of the program  
  by fees assessed applicants for licenses or renewals.

5)Required DOJ, as part of the gun show promoter license  
  program, to provide special training for officers regarding  
  the local, state and federal laws relating to the sale of  
  firearms at gun shows.

6)Provided that a promoter's knowing violation of this bill was  
  a misdemeanor punishable by ineligibility for a gun show  
  promoter license for two years, and a $2,000 fine.  A vendor's  
  violation was a misdemeanor punishable by a $2,000 fine.

7)Required the promoter no less than 30 days before the show  
  started, to notify local enforcement, DOJ, and BATF of the gun  
  show, the date, time, duration of the show, and location of  
  the show.







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8)Required the promoter to submit a written security plan to  
  local law enforcement not later than 15 days before the event  
  began and, if law enforcement approved the plan, it shall  
  provide policing.  

9)Required the promoter of the gun show to consult with the  
  sheriff or chief of police on the security plan, and to  
  contract with local law enforcement to provide policing  
  services at the promoter's expense.  If local police could not  
  satisfy security needs, DOJ agents would be requested to  
  assist at the promoter's expense.  Approval of the security  
  plan would not be a basis for imposing liability on local law  
  enforcement or local government.  Required local law  
  enforcement to submit its estimate of costs within 30 days of  
  the event.

10)Required the security plan to provide, at a minimum, the  
  following:  a) specify a police officer in charge of the gun  
  show who had received special training regarding gun shows by  
  DOJ (see #6 above);  b) identify the number and location of  
  other officers patrolling the event; and, c) provide a  
  complete and accurate list of all persons, entities, and  
  organizations that have leased or rented any table, display  
  space, or area at the gun show.

11)Required the promoter, upon request, to make available within  
  24 hours to law enforcement an accurate and complete list of  
  gun show participants for every day the show operated.

12)Obligated the promoter to inform all prospective gun show  
  vendors of the requirements of the law and ensure that all  
  vendors and their employees had obtained a dealer's license.

13)Specified if a vendor failed to cooperate with a promoter or  
  failed to comply with the law's requirements, the vendor shall  
  be prohibited from participating in the event.

14)Specified if a promoter failed to provide information  
  required by the law, or failed to ensure that all vendors  
  possessed all required permits, the gun show shall be closed  
  down by local law enforcement until these requirements were  
  met.

15)Redefined "transaction" as it related to the sale or transfer  
  of title of concealable firearms, but not the lease of such  







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  firearm, as each firearm sold, or whose title was otherwise  
  transferred, should be considered a separate transaction.

  FISCAL EFFECT  :  According to the Assembly Appropriations  
Committee analysis, unknown significant costs to:

1)DOJ, fully offset by fees charged to gun show promoters.  DOJ  
  is endeavoring to determine what level of reimbursement may be  
  required.

2)Local law enforcement for providing gun show security.  These  
  costs would be fully reimbursed by gun show promoters.

  COMMENTS  :   Please see the policy committee analysis for a more  
comprehensive discussion of this bill.
  

Analysis Prepared by  :  Harry Dorfman / PUB. S. / (916) 319-3744 
                                                      FN: 0002546