BILL ANALYSIS                                                                                                                                                                                                    



                                                                    
                                                                   AB 2536
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          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  








                                                                    
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            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  








                                                                    
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            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
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           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
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          Analysis Prepared by  :    Fredericka McGee / PUB. S. / (916)  
          319-3744