BILL ANALYSIS                                                                                                                                                                                                    







                          SENATE COMMITTEE ON Public Safety
                             Senator John Vasconcellos, Chair   A
                                1999-2000 Regular Session       B

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          AB 2536 (Scott)                                       6
          As Amended June 19, 2000
          Hearing date:  June 27, 2000
          Penal Code (URGENCY)
          SH:mc


                                DEPARTMENT OF JUSTICE -

                       TELEVISED PUBLIC SERVICE ANNOUNCEMENTS

                     ON FIREARMS LAWS/REDUCING FIREARMS INJURIES  



                                       HISTORY


          Source:  Attorney General

          Prior Legislation: None

          Support:  American Academy of Pediatrics; California Child,  
          Youth and Family Coalition; 
                    Coalition to Stop Gun Violence; California Police  
          Chiefs Association; California                               
          Peace Officers' Association; Coalition to Stop Gun Violence;  
          Handgun Control;                                            Los  
          Gatos/Monte Sereno Police Department; Legal Community Against  
          Violence; Million Mom March; Sacramento County Sheriff's  
          Department; San Bernardino County Sheriff's Department; Women  
          Against Gun Violence; City of                               West  
          Hollywood; National Rifle Association




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                                                            AB 2536 (Scott)
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          Opposition: None known

          Assembly Floor Vote:  Ayes  50 - Noes  27



                                        KEY ISSUES
           
          SHOULD THE DEPARTMENT OF JUSTICE BE REQUIRED TO PRODUCE PUBLIC  
          SERVICE ANNOUNCEMENTS IN BOTH ENGLISH AND SPANISH TO INFORM THE  
          PUBLIC ON CHANGES IN FIREARMS LAWS; HOW TO OBTAIN MORE INFORMATION  
          ON CURRENT LAWS; AND A GUN OWNER'S RESPONSIBILITIES FOR THE SAFE  
          STORAGE OF A FIREARM AS INCLUDED IN THE DEPARTMENT OF JUSTICE BASIC  
          FIREARMS SAFETY COURSE AND PENAL CODE SECTION 12080?

          SHOULD A SPECIFIC PROHIBITION BE ENACTED TO PROVIDE THAT NO PUBLIC  
          ELECTED OFFICIAL SHALL BE IDENTIFIED WITH OR INVOLVED IN THE PUBLIC  
          SERVICE ANNOUNCEMENTS?

          SHOULD $125,000 BE APPROPRIATED TO THE DEPARTMENT OF JUSTICE FOR THE  
          PURPOSE OF THIS BILL?


                                       PURPOSE
          
          The purpose of this bill is to require that the Department of  
          Justice produce public service announcements in both English and  
          Spanish to inform the public on changes in firearms laws; how to  
          obtain more information on current laws; and a gun owner's  
          responsibilities for the safe storage of a firearm as included  
          in the Department of Justice Basic Firearms Safety Course and  
          Penal Code section 12080, as specified, and to appropriate  
          $125,000 for the purpose of this bill.
          
           Existing law  does the following:

           generally requires that the sale, loan or transfer of a  
            firearm (handguns, rifles and shotguns) in California must be  
            conducted through a state-licensed firearms dealer or through  




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                                                            AB 2536 (Scott)
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            a local sheriff's department in counties of less than 200,000  
            population.  That requirement is applicable to both purchases  
            from a licensed firearms dealer and private party  
            transactions, which must be made through a licensed dealer or  
            a local sheriff's department in smaller counties.  A 10-day  
            waiting period, background check, and handgun safety  
            certificate for handgun transfers are required prior to  
            delivery of the firearm.  (Penal Code sections 12072(c) and  
            (d) and 12084.)

           requires the Department of Justice (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. - Chapter 246,  
            Statutes of 1999.)

           prohibits a person from applying for more than one concealable  
            firearm 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 - AB 202, Chapter 128, 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 - AB 295, Chapter 247, Statutes  
            of 1999.)

           makes possession of a concealed or loaded firearm an alternate  
            misdemeanor/felony under certain circumstances.  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  




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            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 - AB 491, Chapter 571, 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 - 
                 AB 1587, Chapter 578, 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. - SB 15,  
            Chapter 248, 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 10 rounds, an alternate felony/misdemeanor with  
            specified exceptions; and makes numerous related changes.   
            (Penal Code sections 12001 et seq. - SB 23, Chapter 129,  
            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. - SB 130, Chapter 245, Statutes of 1999.)

           This bill  does the following:

           requires that the Department of Justice do the following:

               Produce public service announcements in both English and  




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                                                            AB 2536 (Scott)
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               Spanish to inform the public on:

               1.Changes in firearms laws and how to obtain more  
                 information on current laws.

               2.A gun owner's responsibilities for the safe storage of a  
                 firearm as included in the Department of Justice Basic  
                 Firearms Safety Course and Penal Code section 12080.

           provides that no public elected official shall be identified  
            with or involved in the public service announcements.

           appropriates $125,000 to the Department of Justice for the  
            purpose of this bill.

           contains an urgency clause.

                                      COMMENTS

          1.   Need for This Bill

           Background provided by the author includes the following:

               In 1999, the Legislature passed and Governor Davis signed  
               into law 8 bills placing new regulations on firearms.  As  
               these new laws come into effect, significant need has been  
               expressed to educate the public in the area of recent  
               changes in California firearm laws.  

               This need has been expressed in legislative hearings,  
               public hearings, and meetings with law enforcement and  
               firearms 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 to the new laws, it is important that  
               individuals follow safe practices in storing firearms.  As  
               the NRA often states, we need to educate the public  
               concerning gun safety and appropriately enforce our gun  
               laws.  To do this, the public needs to be clear on what our  




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               gun laws are.

               This act would provide one time funding to the Department  
               of Justice to develop public service announcements in both  
               Spanish and English on the new gun laws and safe firearm  
               storage practices. 

               The Department would then seek public service announcement  
               airtime and/or foundation funding of airtime.



































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                                                            AB 2536 (Scott)
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               This act would provide one time funding to address this  
               serious need while also communicating to the public the  
               importance of fireman injury prevention strategies. 

          2.   Previous Public Notification Requirements for the Department  
          of Justice
           
          The Department of Justice has been required by statutes to  
          conduct specified public education campaigns about firearms  
          laws.  For example, Penal Code section 12289 requires the  
          Department of Justice to "conduct a public education and  
          notification program regarding the registration of assault  
          weapons and the definition of the weapons" included in the law.   
          Penal Code section 12281 pertains to a limited time SKS Rifle  
          buyback program and it requires a public notification program  
          pursuant to section 12289.  In addition, Penal Code section  
          12072(f)(2)(D)(i) requires that "[o]n and after January 1, 1998,  
          the department [DOJ] shall conduct a public education and  
          notification program...to ensure a high degree of publicity"  
          about the need for persons moving to California with handguns to  
          "register" those handguns.  

            

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