BILL ANALYSIS AB 295 Page 1 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, AB 295 Page 2 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. AB 295 Page 3 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 AB 295 Page 4 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 AB 295 Page 5 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; AB 295 Page 6 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 AB 295 Page 7 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. AB 295 Page 8 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 AB 295 Page 9 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