BILL ANALYSIS                                                                                                                                                                                                    



                                                          SB 15
                                                          Page  1

Date of Hearing:   July 7, 1999

              ASSEMBLY COMMITTEE ON APPROPRIATIONS 
                    Carole Migden, Chairwoman

          SB 15 (Polanco) - As Amended: June 16, 1999 

Policy Committee:                              Public  
SafetyVote:  5-2

Urgency:     No                   State Mandated Local  
Program:YesReimbursable:          No

  SUMMARY  :

This bill: 

1)Makes it a misdemeanor, effective 1/1/01, to manufacture,  
  sell, give, or lend any handgun that is deemed an "unsafe  
  handgun," as defined, with specified exceptions.

2)Defines "unsafe handguns" as handguns that fail specified  
  firing and drop safety tests and do not have a specified  
  safety device. 

3)Requires licensed gun manufacturers and every person who sells  
  guns, to certify under penalty of perjury, that the  
  concealable guns they sell are not unsafe handguns, as  
  defined. (Perjury is punishable by 2, 3, or 4 years in state  
  prison.)

4)Requires independent laboratories to conduct the safety tests  
  and requires the Department of Justice (DOJ) to certify these  
  laboratories and maintain a roster of guns that pass the  
  tests.

5)Authorizes the DOJ to charge gun dealers an annual fee to  
  generate revenue not exceeding the costs of maintaining the  
  roster and states intent that the DOJ pursue an internal loan  
  from special fund revenues to cover start-up costs, to be  
  repaid with the fee proceeds within six months.

  FISCAL EFFECT
  
 1)  Moderate annual costs - fully offset by fees charged to  








                                                          SB 15
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  labs and manufacturers - for the DOJ to certify laboratories  
  and compile and maintain a roster of handguns. The DOJ  
  estimates these costs at $507,000 for 1999-00; $322,000 for  
  2000-01; and $250,000 in out-years. 

2)  Indeterminable, probably minor, annual GF costs for  
increased state incarceration for perjury violations. 

 3)  Unknown, potentially significant nonreimbursable local  
  incarceration costs.

  COMMENT

1)Suggested amendments  . The Attorney General, who supports this  
  measure, suggests three technical amendments:

   a)   Expanding the fee imposed on gun dealers to cover the  
     full range of costs to the DOJ, including gun storage,  
     specified research and development, and report analysis.

   b)   Extending the deadline for testing lab certification,  
     from July 1, 2000 to October 1, 2000, to provide additional  
     time for the adoption of regulations and for laboratories  
     to submit applications.

   c)   Recasting the curios and relics exemption provisions,  
     which would save the DOJ considerable one-time data  
     processing costs. 

  1)Rationale.  Proponents contend that California should not  
  manufacture guns that do not meet safety standards set by the  
  federal government. Statistics from the Bureau of Alcohol,  
  Tobacco and Firearms show these guns account for four of five  
  guns traced by law enforcement in criminal acts.

  According to the author, "SB 15 is a common sense, responsible  
  gun law.  It requires that weapons be a certain size, that  
  they fire when they are supposed to, and that they not fire  
  when dropped.  The size requirements are based on federal  
  import standards, the drop test is based on U.S. Department of  
  Justice quality standards for law enforcement weapons, and the  
  misfire test is a slightly more lenient standard than  
  currently used by law enforcement agencies."

  1)Federal law  bans the import of firearms that do not meet  








                                                          SB 15
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  specified requirements (primarily barrel and frame size), and  
  are not suitable for sporting purposes. Federal law, however,  
  does not ban these firearms if they are manufactured  
  domestically.

 1)Related legislation  . SB 1500 (Polanco, 1998), almost identical  
  to this bill, was vetoed by Gov. Wilson. 

  AB 505 (Wright), pending a hearing in the Senate Public Safety  
  Committee, provides that, effective July 1, 2001, every  
  concealed gun effective July 1, 2000, manufactured in  
  California or imported into California for sale, meet  
  specified minimum safety standards.  AB 505 applies only to  
  guns manufactured or imported into California after the  
  effective date of the bill.

  1)Proponents  . Handgun Control, Inc., states, "There are no  
  federal quality or safety standards for domestically  
  manufactured handguns.  Guns are the only product in America  
  exempt from regulation by the Consumer Product Safety  
  Commission or by any other agency.  The gun lobby has  
  repeatedly pressured Congress to continue to exempt  
  domestically made handguns from the safety standards that have  
  applied to imported handguns for more than 30 years."

  1)Opponents  . The California Sporting Goods Association states,  
  "No firearm, when used correctly, has ever harmed the user.  
  Firearms are made to exacting standards. Requiring a series of  
  additional tests to prove how well they are made will do  
  nothing to improve their safety and reliability? Requiring  
  out-of-production firearms to meet abstract performance tests  
  will place an onerous burden on anyone trying to buy or sell  
  one.  If the product is no longer made, how can samples be  
  provided for testing?  Further, if owners of discontinued  
  models can no longer sell them lawfully, there will be a great  
  temptation to dispose of them on the illicit market."

  Analysis Prepared by  :    Geoff Long / APPR. / (916)319-2081