BILL ANALYSIS
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|SENATE RULES COMMITTEE | AB 2536|
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THIRD READING
Bill No: AB 2536
Author: Scott (D), et al
Amended: 8/14/00 in Senate
Vote: 27 - Urgency
SENATE PUBLIC SAFETY COMMITTEE : 5-0, 6/27/00
AYES: Vasconcellos, Burton, Johnston, McPherson, Rainey
SENATE APPROPRIATIONS COMMITTEE : 9-3, 8/7/00
AYES: Johnston, Alpert, Bowen, Burton, Escutia, Johnson,
Kelley, McPherson, Vasconcellos
NOES: Leslie, Mountjoy, Perata
ASSEMBLY FLOOR : 50-27, 6/1/00 - See last page for vote
SUBJECT : Crime prevention
SOURCE : Attorney General
DIGEST : This bill requires 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. The bill appropriates $125,000 for to
implement the provisions of this bill.
ANALYSIS : In 1999, the Legislature passed and Governor
Davis signed into law 8 bills placing new regulations on
CONTINUED
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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
gun laws are.
Existing law:
1.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 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.
2.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.
3.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
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one concealable firearm within 30 days.
4.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.
5.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 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.
6.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.
7.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.
8.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.
9.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
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specified.
This bill:
1.Requires that the Department of Justice produce public
service announcements in both English and Spanish to
inform the public on:
A.Changes in firearms laws and how to obtain more
information on current laws.
B.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.
1.Provides that no public elected official shall be
identified with or involved in the public service
announcements.
2.Requires the Department of Justice to seek public service
announcement airtime, or airtime funded by a foundation,
or both, once the public service announcements have been
produced.
3.Appropriates, on a one-time basis, $125,000 to the
Department of Justice for the purpose of this bill.
FISCAL EFFECT : Appropriation: Yes Fiscal Com.: Yes
Local: No
Fiscal Impact (in thousands)
Major Provisions 2000-01 2001-02
2002-03 Fund
Public service $125* -- -- General
announcements
*Appropriated in the bill.
SUPPORT : (Verified 8/15/00)
Attorney General (source)
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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
ASSEMBLY FLOOR :
AYES: Alquist, Aroner, Bock, Calderon, Cardenas, Cardoza,
Cedillo, Corbett, Correa, Cunneen, Davis, Dutra,
Firebaugh, Floyd, Frusetta, Gallegos, Havice, Honda,
Jackson, Keeley, Knox, Kuehl, Leach, Lempert, Longville,
Lowenthal, Machado, Maldonado, Mazzoni, Migden, Nakano,
Robert Pacheco, Papan, Pescetti, Reyes, Romero, Scott,
Shelley, Steinberg, Strom-Martin, Thomson, Torlakson,
Villaraigosa, Vincent, Washington, Wayne, Wesson,
Wiggins, Wildman, Hertzberg
NOES: Aanestad, Ackerman, Ashburn, Baldwin, Bates, Baugh,
Brewer, Briggs, Campbell, Cox, Dickerson, Florez,
Granlund, House, Kaloogian, Leonard, Maddox, Margett,
McClintock, Olberg, Oller, Rod Pacheco, Runner,
Strickland, Thompson, Wright, Zettel
RJG:sl 8/15/00 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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