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,
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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