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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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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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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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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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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