BILL ANALYSIS AB 2536 Page 1 Date of Hearing: April 11, 2000 Counsel: Fredericka McGee ASSEMBLY COMMITTEE ON PUBLIC SAFETY Carl Washington, Chair AB 2536 (Scott) - As Amended: March 27, 2000 As Proposed to be Amended in Committee SUMMARY : Requires the Department of Justice (DOJ) to conduct a study and an educational campaign regarding newly enacted gun laws. Specifically, this bill : 1)Requires the DOJ to conduct an educational and injury prevention campaign of the 1999 firearm laws and target law enforcement agencies, firearm dealers and the public. 2)Requires the DOJ to contract with the University of California, Davis, Violence Prevention Research Program to evaluate the 1999 firearm laws. 3)Allows the balance of the fund appropriated for the SKS Sporter Rifle Buy-Back Program to be reappropriated to the DOJ for the purposes outlined in #1 and #2 above. 4)Is an urgency measure. EXISTING LAW : Summary of 1999 Gun Legislation 1)AB 106 (Scott), Chapter 246, Statutes of 1999, requires the DOJ to develop and implement minimum safety standards for firearms safety devices and gun safes, and mandates that all firearms manufactured in California or sold or transferred by a licensed firearms dealer be accompanied by an approved firearms safety device and be accompanied by a safety warning label or language, as specified. (Penal Code Section 12087 et seq.) 2)AB 202 (Knox), Chapter 128, Statutes of 1999, prohibits a person from applying for more than one concealable firearm AB 2536 Page 2 within a 30-day period, and prohibits a dealer from delivering a concealable firearm to any person who has made an application to purchase more than one concealable firearm within 30 days. (Penal Code Sections 12071,12072, 12076 and 12077.) 3)AB 295 (Corbett), Chapter 247, Statutes of 1999, makes numerous changes to the laws regulating gun shows, gun show promoters and vendors via the Gun Show Enforcement and Security Act of 2000. Among those changes are obligating the promoter to notify law enforcement regarding specified details of a gun show, and each gun show must have a "security plan" and a minimum $1 million insurance policy. (Penal Code Sections 12071.1 and 12071.4) 4)AB 491 (Scott), Chapter 571, Statutes of 1999, makes possession of a concealed or loaded firearm an alternate misdemeanor/felony under certain circumstances. This new law requires DOJ to keep an electronic record in its firearms registry of firearms owners indicated by a Dealers' Record of Sale (DROS) prior to 1979 if the owner makes a written request that the DOJ do so. The DOJ is also required to make the record within three days of the request and to notify the owner that the request has been honored. (Penal Code Sections 12025 and 12031.) 5)AB 1587 (Scott), Chapter 578, Statutes of 1999, creates a judicial procedure to determine if a person who has been taken into custody and admitted for treatment because that person is a danger to himself, herself, or others may possess, own, control or purchase a firearm. (Welfare & Institutions Code Section 8103.) 6)SB 15 (Polanco), Chapter 248, Statutes of 1999, makes it a misdemeanor for any person in California to manufacture, import for sale, offer for sale, sell, give, or lend any "unsafe handgun", as defined, with certain specific exceptions. (Penal Code Section 12125 et seq.) 7)SB 23 (Perata), Chapter 129, Statutes of 1999, adds a "generic" definition of assault weapons to the Assault Weapons Control Act of 1989; makes manufacturing, importing, selling, lending, or giving of a large-capacity magazine, i.e., any ammunition feeding device with a capacity to accept more than AB 2536 Page 3 10 rounds, an alternate felony/misdemeanor with specified exceptions; and makes numerous related changes. (Penal Code Sections 12001 et seq.) 8)SB 130 (Hayden), Chapter 245, Statutes of 1999, requires DOJ to develop and implement minimum safety standards for firearms safety devices and gun safes, and mandates that all firearms manufactured in California or sold or transferred by a licensed firearms dealer be accompanied by an approved firearms safety device and be accompanied by a safety warning label or language, as specified. (Penal Code Section 12087 et seq.) FISCAL EFFECT : Unknown COMMENTS : 1)Author's Statement : According to the author, "In 1999, the Legislature passed and Governor Davis signed into law eight bills placing new regulations on firearms. As these new laws come into effect, significant need has been expressed to provide training to target law enforcement, firearm dealers, and the public in the area of the recent changes in California firearm laws. "This need has been expressed in legislative hearings, public hearings, and meeting with law enforcement and firearm dealers. Additional evidence of this need is the more than 4,600 telephone calls received monthly regarding newly enacted legislation and the law in general. In addition, because California recently enacted these eight measures, there is a need to assess that they are being correctly implement and their immediate effect on gun commerce and gun crime." 2)University of California, Davis, Violence Prevention Research Program : The Violence Prevention Research Program is an organized research program of the University of California, Davis. Its research addresses the causes, nature, and prevention of violence. The current major areas of emphasis are the prediction of criminal behavior, the effectiveness of waiting period/background check programs for prospective purchasers of firearms, and the determinants of firearm violence AB 2536 Page 4 3)SKS Sporter Rifle Buy-Back Program : AB 48 (Wright), Chapter 909, Statutes of 1998, grants immunity from criminal prosecution to a person who possessed or transfers a SKS rifle in California between January 1, 1992 and December 19, 1997. AB 48 also required persons to relinquish or dispose of such weapons prior to January 1, 2000 or be subject to an alternate misdemeanor/felony. The DOJ purchased the weapons with funds from a $1.3 million appropriation for such purchases. For purposes of the Buy-Back Program, a SKS Sporter is defined as a semi-automatic rifle configured to accept a detachable magazine which is capable of firing a 7.62 x 39 mm cartridge and is not otherwise prohibited under the Assault Weapons Control Act provisions 4)Author's Amendments : The author plans to take the following amendments in Committee: a)On Page 2, line 9 strike "gun" and insert "firearm" b)On Page 2, line 13 strike "gun" and insert "firearm" c)Add an urgency clause. REGISTERED SUPPORT / OPPOSITION : Support Office of the Attorney General (Sponsor) The Bell Campaign - Western Region California Child, Youth and Family Coalition California Peace Officers' Association California Police Chiefs Association Coalition to Stop Gun Violence Handgun Control Legal Community Against Violence Los Gatos Police Department Monte Soreno Police Department Women Against Gun Violence Opposition None on File AB 2536 Page 5 Analysis Prepared by : Fredericka McGee / PUB. S. / (916) 319-3744