BILL ANALYSIS
AB 1717
Page 1
ASSEMBLY THIRD READING
AB 1717 (Hertzberg)
As Amended May 26, 2000
Majority vote
PUBLIC SAFETY 7-0 APPROPRIATIONS 15-6
-----------------------------------------------------------------
|Ayes:|Washington, Cunneen, |Ayes:|Migden, Alquist, Aroner, |
| |Battin, Cedillo, Aroner, | |Cedillo, Corbett, Davis, |
| |Keeley, Romero | |Kuehl, Maldonado, Papan, |
| | | |Romero, Shelley, Thomson, |
| | | |Wesson, Wiggins, Wright |
| | | | |
|-----+--------------------------+-----+--------------------------|
| | |Nays:|Campbell, Ackerman, |
| | | |Ashburn, Brewer, Runner, |
| | | |Zettel |
-----------------------------------------------------------------
SUMMARY : Requires the Department of Justice (DOJ) to evaluate
ballistic identification systems. Authorizes DOJ to require
manufacturers and importers to submit ballistic information
before being permitted to sell handguns in California.
Specifically, this bill :
1)Requires DOJ to evaluate other states' and federal ballistic
identification systems (BIS) and make a formal determination
by January 1, 2003, as to whether a BIS should be used on a
statewide level for law enforcement agencies in California.
2)Requires DOJ to submit a report to the Legislature by January
1, 2003. The evaluation of BIS shall include consideration of
the following: a) whether it is feasible to maintain a
handgun database for the entire State of California; b) the
degree of compatibility between systems and the potential for
information sharing; and, c) whether any potential benefits to
law enforcement justify projected costs, and evidentiary
issues regarding BIS.
3)Provides that if the Attorney General (AG) concludes that
California should use a BIS and the Legislature appropriates
funds for implementation and operation, then #4 and #5 below
apply.
AB 1717
Page 2
4)Prohibits any person who is a federally licensed manufacturer
from selling or otherwise transferring his or her ownership of
a pistol, revolver, or other firearm capable of being
concealed upon the person to a person residing in California
unless the manufacturer first provides ballistic information
as required by the AG to DOJ.
5)Prohibits any person or company from importing for sale in
California, a pistol, revolver, or other firearm capable of
being concealed upon the person unless that person or company,
prior to importation, provides ballistic information as
required by the AG to DOJ.
6)Provides that DOJ may prescribe the format of the ballistic
information to be submitted.
7)Exempts any antique firearm or curio or relic as defined by
federal regulations.
8)Provides that a violation of specified provisions is a
misdemeanor
FISCAL EFFECT : According to the Assembly Appropriations
Committee analysis:
1)One-time costs of about $125,000 (one and one-half personnel
years) to compile and analyze information and prepare a
"formal determination," presumably in a report to the
Legislature.
2)One-time equipment costs of about $4 million and annual
personnel costs of about $12 million to input and store
ballistic information on about 250,000 handguns annually.
These costs could be offset by authorizing DOJ to establish an
industry fee sufficient to cover the department's costs,
though DOJ would still face significant start-up costs prior
to recouping expenses via fees.
3)Minor nonreimbursable local incarceration costs for
misdemeanor violations.
COMMENTS : According to the author, "Technology currently exists
and is being further developed that enables law enforcement to
trace bullets and cartridges to the guns that fired them. The
Bureau of Alcohol, Tobacco & Firearms (ATF) and the Federal
AB 1717
Page 3
Bureau of Investigation (FBI) both have such ballistic
identification computer systems, which they are currently
integrating. Because every gun makes unique markings on the
bullets and cartridges that are fired from it, there is
essentially a 'fingerprint' for each gun. Since the two federal
ballistic tracing systems were established, police have linked
at least 5,700 guns to two or more crimes when no other evidence
existed and all told the systems have produced 8,000 evidence
matches in over 16,000 cases.
"AB 1717 improves California's ability to utilize this
technology. If the DOJ determines that an adequate ballistic
identification system exists for California, manufacturers and
importers would be required to submit gun 'fingerprints' to DOJ
before any sale in California and before the gun is recovered by
the police. This would enable law enforcement to effectively
trace bullets, cartridges, and firearms to the person who
purchased a gun as well as the guns recovered from other crime
scenes. Such a database of handgun 'fingerprints' would
tremendously increase law enforcement's ability to successfully
investigate crimes and successfully prosecute violent offenders.
"If the DOJ determines that such an undertaking is not feasible,
then the requirements on manufacturers and importers will not
take effect."
Please see the policy committee analysis for a more
comprehensive discussion of this bill.
Analysis Prepared by : Bruce Chan / PUB. S. / (916) 319-3744
FN: 0005131