BILL ANALYSIS                                                                                                                                                                                                    



                                                          AB 491
                                                          Page  1

Date of Hearing:   April 28, 1999

              ASSEMBLY COMMITTEE ON APPROPRIATIONS 


           AB 491 (Scott) - As Amended: April 6, 1999 

Policy Committee:                              Public  
SafetyVote:  5-2

Urgency:     No                   State Mandated Local  
Program:YesReimbursable:          Yes

  SUMMARY  :

This bill adds to the circumstances that make possession of a  
concealed and/or loaded gun an alternate felony/misdemeanor  
(wobbler) or felony. Specifically, this bill:

1)Makes possession of a concealable and/or loaded gun a wobbler,  
  punishable by up to 1 year in county jail, or 16 months, 2, or  
  3 years in state prison, if the gun and ammunition are in the  
  immediate possession of the person or readily accessible, and  
  the person is not listed with the Department of Justice (DOJ)  
  as the  registered  owner of the firearm. (Current law requires  
  lawful possession, not registration.)  

2)Makes it a wobbler to carry a loaded gun on one's person, or  
  in a vehicle on any public street when the person is not  
  listed with the DOJ as the  registered  owner. (Current law  
  specifies lawful possession, not registration.)  

3)Requires the district attorney of each county to submit an  
  annual report to the AG detailing profiles of any person  
  charged under this bill, and requires the AG to submit an  
  annual report to the Legislature compiling all these reports.

  FISCAL EFFECT

  1)Based on the 61 persons admitted to state prison in 1997-98  
  for concealed gun violations, it is likely that at least eight  
  persons will receive state prison terms as a result of this  
  bill, creating first-year costs of about $175,000. To the  
  extent the new wobblers trigger second or third strike  
  sentences, out-year costs could be considerably greater. 








                                                          AB 491
                                                          Page  2

  
  2)Minor state-reimbursable local costs for the reporting  
  requirement.

3)Absorbable costs to the DOJ for the reporting requirement. 

  COMMENT

Rationale.  This bill would allow district attorneys to charge or  
individuals who illegally conceal unregistered firearms with  
either a misdemeanor or felony.


  Analysis Prepared by  :    Geoff Long / APPR. / (916)319-2081