BILL ANALYSIS                                                                                                                                                                                                    



                                                                       


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          |SENATE RULES COMMITTEE            |                    SB 31|
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                                 THIRD READING
                                        

          Bill No:  SB 31
          Author:   Peace (D), et al
          Amended:  1/24/00
          Vote:     21

            
           SENATE PUBLIC SAFETY COMMITTEE  :  4-0, 1/11/00
          AYES:  Vasconcellos, Burton, Johnston, Polanco
          NOT VOTING:  McPherson, Rainey

           SENATE APPROPRIATIONS COMMITTEE  :  Senate Rule 28.8
           

           SUBJECT  :    Firearms:  delivery and transfer

           SOURCE  :     Author

           
           DIGEST  :    This bill makes a number of changes to the  
          Dangerous Weapons' Control Law, including:  authorizing the  
          State Department of Justice to require that licensed  
          dealers and sheriff's offices, in smaller counties, report  
          in a manner and format prescribed by the State Department  
          of Justice, the date and time of delivery of a handgun to  
          the purchaser or transferee of that firearm or the person  
          being loaned that firearm until July 1, 2003, and to  
          require submission of such information after that date;  
          makes numerous changes to the laws pertaining to firearms,  
          which meet gubernatorial objections of SB 29, which  
          Governor Davis vetoed.

           ANALYSIS  :    Existing law provides that the transfer  
          (including loans) of all handguns and long guns (rifles and  
          shotguns) be conducted through a state-licensed firearms  
                                                           CONTINUED





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          dealer or through a local sheriff's department in counties  
          of less than 200,000 population.

          A ten-day waiting period, background check (through the  
          State Department of Justice (DOJ)), and handgun safety  
          certificate for handguns transfers are required prior to  
          delivery of the firearm.  Handguns are registered as part  
          of this process.

          This process, imposing a ten-day waiting period and  
          background check, preclude felons and proscribed classes of  
          individuals from obtaining deadly weapons and to prevent  
          purchases in the heat of passion.  A license to sell  
          firearms is subject to forfeiture for a breach of any of  
          specified prohibitions and requirements.

          Existing law requires every firearms dealer to keep a  
          register in which specified information, including full  
          name, complete date of birth, and local address of  
          purchaser, is to be entered.  A violation of these  
          provisions is a misdemeanor.

          Existing federal law requires background checks for  
          firearms using the National Instant Check System (NICS).   
          Those NICS checks may be relied upon by the licensed dealer  
          only for use in a single transaction, and for a period not  
          to exceed 30 calendar days from the date that NICS was  
          initially contracted.  If the transaction is not completed  
          within the 30-day period, the licensee shall initiate a new  
          NICS.

          Existing law requires that California licensed firearms  
          dealers report to DOJ information required by DOJ that any  
          firearm is not delivered within the 30-day period required  
          for delivery by federal law.

          Existing law exempts from the requirement that sales, loans  
          and transfers of firearms be conducted through a dealer or  
          local law enforcement agency, transactions with authorized  
          peace officers, certain operation of law transactions,  
          intra-familial firearms transactions, and other specified  
          transactions.  However, all these exempt transactions are  
          subject to handgun registration as a condition of the  
          exemption.







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          Existing law requires that a person moving to California  
          with a handgun acquired outside California who did not  
          receive the gun from a California-licensed gun dealer to  
          register the gun with the DOJ.

          Existing law provides that a person otherwise not required  
          by law to report his or her acquisition, ownership, or  
          disposal of a pistol, revolver, or other firearm capable of  
          being concealed upon the person or who moves out of this  
          state with his or her pistol, revolver, or other firearm  
          capable of being concealed upon the person may submit a  
          report of the same to DOJ in a format prescribed by DOJ.   
          (This procedure is generally used by persons who acquired  
          their handguns before the registration requirements applied  
          to their acquisition of that handgun or they moved here  
          before the provisions of Penal Code Section 12072(f)(2)  
          took effect.  However, a number of manufacturers and  
          importers use this procedure as an accommodation to law  
          enforcement to permit quick tracing of firearms.)

          Existing law provides that handguns are to be included in a  
          centrally and computerized registry of who owns what  
          handgun based on information DOJ compiles from the various  
          transfer and other forms submitted to it.  Records  
          pertaining to transfers of firearms not pistols, revolvers,  
          or other firearms capable of being concealed upon the  
          person are not centrally registered.

          Current law makes it a misdemeanor to sell or otherwise  
          transfer ownership of a handgun unless the gun is  
          serialized.  As enacted, the statute was intended to apply  
          to modern (i.e., non antique handguns).  However, due to a  
          chaptering/cross-referencing error, the serialization  
          requirement applies to all handguns.

          This bill makes the following changes to the Dangers  
          Weapons Control Act:

           1.Requires that any handgun sold, delivered, returned or  
             transferred by a local law enforcement agency pursuant  
             to Family Code Section 6389, which prohibits a person  
             subject to specified protective orders from possessing a  
             firearm, be entered within ten days into the Automated  







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             Firearms System, a specified.  Makes additional changes  
             to that section.

           2.Authorizes DOJ, until 2/1/2003, to require that licensed  
             dealers and sheriff's offices in smaller counties report  
             in a manner and format prescribed by DOJ, the date and  
             time he or she delivered a pistol, revolver, or other  
             firearm capable of being concealed upon the person to  
             the purchaser or transferee of that firearm or the  
             person being loaned that firearm.

           3.Mandates, beginning July 1, 2003, that DOJ require that  
             licensed dealers and sheriff's offices in smaller  
             counties report in a manner and format prescribed by  
             DOJ, the date and time he or she delivered a pistol,  
             revolver, or other firearm capable of being concealed  
             upon the person to the purchaser or transferee of that  
             firearm or the person being loaned that firearm.

           4.Makes explicit that the exemption from the usual  
             transfer of firearms requirements in law (which  
             currently applies for delivery of a firearm to a  
             gunsmith for service/repair) also applies to the return  
             of that firearm to the owner by the gunsmith after the  
             service or repair.

           5.Requires the registry maintained by the Attorney General  
             (AG) regarding the licensing of firearm dealers and  
             transactions involving pistols, revolvers, or other  
             firearms capable of being concealed upon the person to  
             include the date and time the firearm was delivered.

           6.Includes processing costs associated with  
             pistol-revolver delivery records within the current fee  
             authorization given to DOJ to reimburse it for  
             processing costs associated with specified forms and  
             reports related to firearm transactions.

           7.Provides that Chapter 1180 of the Statutes of 1988,  
             which requires private party transfer through license  
             dealers, be known as the Klehs Safe and Responsible  
             Firearms Transfer Act of 1988.

           8.Adds specified "unloaded locked" container exemptions  







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             for transporting firearms where the firearm is being  
             transported pursuant to certain provisions of the bill  
             from the prohibition on carrying concealed handguns.

           9.Clarifies that brokering of firearms transactions  
             through a state licensed firearms is not required where  
             a person selling, leasing or transferring a firearm is  
             in one of the following situations:

              A.    Where a firearm is loaned by a private  
                investigator, patrol operator, or alarm company  
                operator to their employees where the employee is  
                licensed to carry the firearm in the course and scope  
                of his or her employment.

              B.    Through cross-referencing to an additional  
                nuisance statute, clarifies that law enforcement  
                agencies which dispose of weapons are exempt from  
                dealer processing statutes.

              C.    When a person turns a firearm into a law  
                enforcement agency that the person finds or takes  
                from a person committing a crime against him or her.

              D.    When a law enforcement agency returns a firearm  
                that is not a nuisance weapon or as part of a trade  
                in on non nuisance weapons to a state licensed  
                wholesaler, if all of the following conditions are  
                met:

                (1)      Prior to the delivery, transfer, or sale of  
                   these firearms, written authorization from the  
                   head of the agency authorizing the transaction is  
                   presented to the wholesaler.

                (2)      If the firearm is a handgun, within 10 days  
                   of the date that the firearm is sold, exchanged,  
                   returned, transferred, or delivered a registration  
                   report of the transaction is filed with DOJ by the  
                   agency.

              E.    When a law enforcement agency transfers  
                non-nuisance weapons to a museum, if all the  
                following conditions are met:







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                (1)      The entity receiving the firearm is open to  
                   the public.

                (2)      The firearm prior to delivery is deactivated  
                   or rendered inoperable.

                (3)      The firearm may, by other provisions of law,  
                   be sold, delivered, or transferred to the public  
                   at large.

                (4)      Prior to delivery, the entity receiving the  
                   firearm agrees, in writing, that the firearm will  
                   not be restored to operating condition, and will  
                   either remain with that entity, or if subsequently  
                   disposed of, will be transferred in accordance  
                   with the provisions of current law.

                (5)      Within ten days of the date that the firearm  
                   is sold, delivered, or transferred to that entity,  
                   if the firearm is a handgun, a report of the  
                   transaction is filed with DOJ by the agency.

              F.    When a private entity agency transfers a firearm  
                to a museum, if all the following conditions are met:

                (1)      The entity receiving the firearm is open to  
                   the public.

                (2)      The firearm, prior to delivery, is  
                   deactivated or rendered inoperable.

                (3)      The firearm may, by other provisions of law,  
                   be sold, delivered, or transferred to the public  
                   at large.

                (4)      Prior to delivery, the entity receiving the  
                   firearm agrees, in writing, that the firearm will  
                   not be restored to operating condition, and will  
                   either remain with that entity, or if subsequently  
                   disposed of, will be transferred, in accordance  
                   with the provisions of current law.

                (5)      On the date that the firearm is sold,  







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                   delivered, or transferred to that entity, if the  
                   firearm is a handgun, the parties to the  
                   transaction shall forward, by prepaid mail or  
                   deliver in person to DOJ, a single report signed  
                   by both parties to the transaction that includes  
                   information concerning the entity taking  
                   possession of the firearm, how title was obtained  
                   and from whom, and a description of the firearm in  
                   question.  The report forms that are to be  
                   completed pursuant to this paragraph shall be  
                   provided to them by DOJ.


          10.Clarifies that a state firearms dealers licensee is not  
             required where person selling, leasing, or transferring  
             a firearm is one of the following situations:

             A.    Sales, deliveries, or transfers of firearms by a  
                law enforcement agency to firearm wholesalers, as  
                defined in current state statutes.

             B.    Sales, deliveries, or transfers of firearms by a  
                law enforcement agency to persons licensed as  
                importers or manufacturers of firearms pursuant to  
                the 1968 Federal Gun Control Act.

             C.    The sale, delivery or transfer of firearms by a  
                person who initially obtained title to those firearms  
                as a surviving spouse pursuant to Chapter 1  
                (commencing with Section 13500) of Part 2 of Division  
                8 of the Probate.  (Currently there is a 60-day  
                disposition requirement.)

             D.    Through cross-referencing to an additional  
                nuisance statute, clarifies that law enforcement  
                agencies which dispose of weapons are exempt from  
                dealer licensing statutes.

             E.    When a person turns a firearm into a law  
                enforcement agency that the person finds or takes  
                from a person committing a crime against him or her.

          11.Clarifies that peace officers are exempt from certain  
             prohibitions and requirements regarding the sale or  







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             transfer of firearms if the officer, within 24 hours  
             after coming into possession of a firearm which is not  
             required to be returned by the officer from whom it was  
             seized during his or her official duties, delivers the  
             firearm to the employing agency.

          12.Requires in all cases where a law enforcement agency, in  
             accordance of current law, transfers its ownership of a  
             handgun which is not a nuisance weapon and the firearm  
             is not being transferred by that agency pursuant to  
             existing statutes that includes a reporting requirement,  
             within ten days of the date that the handgun  
             transferred, the transaction and its detail shall be  
             reported to DOJ using an existing computer system.

          13.Corrects a chaptering/cross-referencing error which has  
             the effect of requiring owners of antique handguns to  
             serialize the same before they may legally transfer  
             ownership of the same by applying this requirement to  
             modern handguns (as was originally intended).

          14.Requires, in any case where a law enforcement agency  
             destroys its non-nuisance-registered handguns, that  
             within ten days of the date that the handgun is  
             destroyed, that fact and its detail shall be reported to  
             DOJ using an existing computer system.

          15.Tombstones AB 991 (Shelley), Chapter 462, Statutes of  
             1997, the Shelley-Alpert-Ducheny Pistol-Revolver  
             Registration Parity Act of 1997.

           Comments

           (The changes from SB 29 are underlined.)

          1.  Follow-up Reporting  

            As currently constituted, DOJ has no means of knowing  
            whether a person who applied to acquire a handgun at a  
            gun dealership, after the background check is completed,  
            actually picked up the handgun without an on-site  
            inspection of records.  As such, DOJ is pre-registering  
            handguns.








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            The author notes that other states with transfer schemes  
            similar to California have follow-up reporting.  The  
            author notes that this part of the bill is the outgrowth  
            of a five-year bipartisan effort to create a truly  
            accurate central handgun registry which serves gun  
            owners, gun dealers and law enforcement.  The author and  
            the bill's supporters assert that the bill is structured  
            to provide maximum regulatory flexibility to DOJ  
            consistent with the fee caps and privacy protections  
            contained in current law.  However, unlike SB 29, this  
            bill mandates that as of July 1, 2003, that DOJ institute  
            mandatory follow-up reporting.

            The author (whose supporters requesting this are gun  
            dealers) assert that there is no reason why DOJ cannot do  
            this as a mandate in all cases after that date given the  
            technology at hand and at the fact that DOJ has developed  
            an E-Mail system that with minimal cost to all concerned  
            can simply address this.

          2.  Dealer Licensing Issues Involving Estates and the  
            Security Industry  

            The author notes that as an accommodation to various  
            parties.  This bill addresses certain problems in dealer  
            licensing statutes that adversely affect small estates,  
            law enforcement agencies, and private security firms.   
            These issues came to light by virtue of AB 295  
            (Corbett-Wright), Chapter 247, Statutes of 1999.

            At one point, AB 295 proposed to require that, generally,  
            any one who transfers title to more than five handguns in  
            a calendar year must become a licensed firearms dealer in  
            California.

            At the present time, any person may sell or transfers, or  
            loans handguns on an infrequent basis without being  
            required to obtain a firearms dealers license if the  
            person engages in the infrequent sale, lease, or transfer  
            of firearms.  For pistols, revolvers, and other firearms  
            capable of being concealed upon the person, "infrequent"  
            means less than six transactions per calendar year and  
            "transaction" means a single sale, lease, or transfer of  
            any number of pistols, revolvers, and other firearms  







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            capable of being concealed upon the person.

            While those transactions do not require that a person  
            obtain a firearm dealers license, those transactions must  
            still generally be made through a licensed firearms  
            dealer (or sheriff's department in a smaller county, if a  
            dealer is unavailable) and are subject to both background  
            checks and a ten-day waiting period before delivery.

            Because of the drafting of the current dealer licensing  
            statutes, AB 295 pointed out certain problems in current  
            law which the participants requested the author to  
            address.

            Those issues relate to surviving spouses, law enforcement  
            agency trade in of weapons when they trade in non  
            nuisance weapons (nuisance weapons are in their own  
            exemption under current 12070(b)), and security industry  
            loans to authorized armed employees.

            As to surviving spouses, it was determined that there is  
            an anomaly in the law.  Currently, when someone dies, the  
            executor or administrator of the estate initially takes  
            possession of the firearms without processing the  
            transaction through a dealer.  He or she then disposes of  
            them in accordance with the usual through dealer  
            processing requirements. 

            In the case of a handgun, in order to claim the exemption  
            upon taking title from the decedent, the executor or  
            administrator upon taking possession must re-registers  
            the gun in his or her name with DOJ.  There is a DOJ form  
            that may be downloaded. 

            When the executor or administrator disposes of estate  
            firearms, he or she is acting under an "operation of law  
            transaction", and per Penal Code Section 12070(b)(1),  
            that executor or administrator is not under the  
            constraints of the "infrequent exemption" for dealer  
            licensure standards.  He or she can dispose of as many  
            guns as are part of the estate in whatever manner he or  
            she chooses to do so and not be subject to dealer  
            licensure.








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            In the case of a surviving spouse, the Probate Code  
            creates an expedited simplified probate procedure for the  
            surviving spouse to deal with his or her late spouse's  
            property.

            The surviving spouse (like the executor or administrator  
            of the estate) may take possession of the firearms  
            without through dealer processing.

            In the case of a handgun, in order to claim the exemption  
            from through dealer processing upon taking title from the  
            decedent, as is the case with the executor or  
            administrator upon taking possession, the surviving  
            spouse must re-registers the gun in his or her name with  
            DOJ.  The same DOJ form referred to above is used here.

            When the surviving spouses disposes of estate firearms,  
            12072(d) applies, as is the case with executor or  
            administrators.  However, unlike the case where the  
            executor or administrator disposes of estate firearms in  
            an orderly manner, the surviving spouse is not acting  
            under an "operation of law" transaction for dealer  
            licensure purposes.  While the surviving spouse is not  
            covered solely by the "infrequent exemption" for dealer  
            licensure standards, he or she is under a 60-day  
            disposition period set forth in Penal Code Section  
            12070(b)(3).

            As such, the surviving spouse proceeding (which is a  
            probate proceeding) only has 60 days to dispose of estate  
            firearms in whatever manner he or she chooses to do so  
            and not be subject to state dealer licensure.  That may  
            not be practicable in many cases.  In addition, the  
            surviving spouse proceeding is, in fact, a probate  
            proceeding and the surviving spouse, frequently elderly  
                                                     women, should have the same considerations afforded them,  
            as is the case with executors and administrators.

            The bill was amended to add to the "operation of law"  
            transaction list for dealer licensure purposes , guns  
            disposed of by the surviving spouse where the guns where  
            received from the corpus of the decedent's spouse estate.  
             A conforming change was made to Section 12070(b)(3) to  
            reflect the insertion of surviving spouses into the  







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            "operation of law" definition.

            As to the law enforcement agencies, the bill exempts them  
            from dealer licensure when they sell, transfer, or  
            deliver firearms to wholesalers, and federally licensed  
            importers and manufacturers.

            Through cross-referencing to an additional nuisance  
            statute, the bill makes clear that in all cases where  
            weapons where legally seized under any nuisance statute  
            that law enforcement agencies which dispose of weapons  
            are exempt from dealer licensing and processing statutes.  


            As to security personnel, loans of firearms to authorized  
            armed employees will be exempt from through dealer  
            processing and dealer licensing by the security company.

          3.  Law Enforcement Agency Seizures

             Current statutes require law enforcement agencies to  
            report firearms and other serialized property that have  
            been reported stolen, recovered, lost, illegally  
            possessed, or suspected of having been used in crimes.

            When peace officers participate in weapons seizures, they  
            may be technically violating Penal Code Section 12072(d).  
             Existing provisions of drug enforcement statutes create  
            an exemption for peace officers and their agents while  
            performing their official duties.  The police may seize  
            contraband; however, once that contraband is no longer  
            used in a criminal trial, it is to be disposed of in  
            accordance with nuisance statutes.

            This bill clarifies that peace officers are exempt from  
            prohibitions and requirements regarding the sale or  
            transfer of firearms if the officer, within 24 hours  
            after coming into possession of a firearm during his or   
            her official duties, delivers the firearm to the  
            employing agency.  The bill further states that once the  
            agency takes possession of the weapon as outlined in the  
            preceding sentence, it shall be entered into the existing  
            DOJ systems and disposed of in accordance with all  
            current nuisance statutes.







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            After SB 29 went to the Governor, the author's office was  
            contacted by a firearms rights group which pointed out  
            that, as drafted, SB 29's law enforcement seizure  
            12072(d) exemption (Proposed PC 12078(a)(7)) did not take  
            account of situations where law enforcement agencies  
            legally have to return the gun immediately at the time of  
            initial seizure.  The enrolled bill, therefore, created a  
            potential glitch.  SB 31 addresses this issue by  
            excluding from its ambit these temporary seizure and  
            returns.

            Last year, the Governor issued Executive Order  D-7-99,  
            which relates to practices of state agencies when they  
            the  dispose of seized (i.e., confiscated/nuisance  
            weapons and agency acquired weapons).

            The Governor's Executive Order called for certain  
            disposition on non-nuisance weapons which are difficulty  
            to accomplish under current law (particularly as to  
            museums and trading in of weapons).

            Specifically, the Executive Order calls for the following  
            policy as to non-nuisance weapons:  

             A.    returning the firearms to the manufacturer for the  
                purpose of receiving a discount toward the purchase  
                of newer weapons; and 

             B.    transfer firearms to a public or private nonprofit  
                museum if the weapons are curios or have museum  
                value.

            Currently, when a law enforcement agency seizes weapons,  
            as the California Supreme Court noted in  Gubler v.  
            Commission on Judicial Performance  , (1984) 37 Cal.3d 27,  
            57-59, the weapons may be used internally by a law  
            enforcement agency, sold to state licensed gun dealers  
            who recycle them in the normal course of affairs, or  
            destroy the same.  Current processing rules take account  
            of the same.

            However, as to non-nuisance weapons, disposition  
            procedures are very difficult to accomplish.







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            Currently, law enforcement agencies can transfer guns  
            directly to:

             A.    State licensed gun dealers (Penal Code Section  
                12072(d) - but if the transaction does not fall  
                within the infrequent exemption it calls for dealer  
                licensure by the agency).

             B.    Other law enforcement agencies (Penal Code Section  
                12078(a)(2) - there is no dealer licensure issue).

             C.    Out-of-state federal firearms licensees (Penal  
                Code Section 12078(f) - but if the transaction does  
                not fall within the infrequent exemption it calls for  
                dealer licensure).

             D.    Federally licensed importers and manufacturers  
                (Penal Code section 12078(b) - again if the  
                transaction is  more than infrequent, then the dealer  
                licensure issue applies).

            As such, the museum provision cannot be accomplished as  
            called for in the Executive Order for the reasons noted  
            below.  In addition, most manufacturers and importers  
            have contractual relationships with wholesalers so the  
            Executive Order is not difficult, if not impossible, to  
            implement.

            The Governor's Executive Order was an out growth of a  
            study he ordered, as well as in response to the recent  
            shooting at a Jewish Community Center in Los Angeles.   
            One of the firearms that the gunman used was a handgun  
            that a small Police Department in Washington State  
            acquired and subsequently sold to a federal firearms  
            dealer in Washington State.  That weapon ended up in the  
            hands of the gunman.  The tracing of the weapon was very  
            difficult to accomplish, as the agency was not required  
            to file a disposition report.

            In this state, as a result of legislation enacted in  
            1997, law enforcement agencies when they acquire handguns  
            in consensual (non-nuisance transactions register them  
            with the DOJ pursuant a special procedure as  







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            institutional weapons).  When they dispose of the same,  
            except in very rarer circumstances, there is no  
            disposition report required to be filed with DOJ.

            Reporting is only required now in the following three  
            circumstances:

             A.    When the agency transfers weapons to its retiring  
                officers or when it sells obsolete service weapons to  
                it sworn officer employees when the agency switches  
                to a new weapons system (in that case the agency  
                files the report).

             B.    When the agency transfers firearms in operation of  
                law situations.

             C.    When it transfers gun to state licensed gun  
                dealers.  In such cases, the dealer files an  
                acquisition report with DOJ pursuant to Penal Code  
                Section 12071(b)(18).

            This bill (as was the case with SB 29) requires a law  
            enforcement agency that when in accordance with current  
            law it transfers its ownership of a handgun which is not  
            a nuisance weapon and the firearm is not being  
            transferred by that agency pursuant to existing statutes  
            that includes a reporting requirement, within ten days of  
            the date that the handgun transferred, the transaction  
            and its detail shall be reported to DOJ using an existing  
            computer system.

            In addition, at the recent interim hearing on handgun  
            registration and licensing, it was noted that when law  
            enforcement destroys its registered non-nuisance weapons  
            handguns, it is not required to report the same to DOJ.   
            DOJ is currently notified when nuisance weapons are  
            destroyed.  This bill imposes that requirement as to  
            destruction in order to keep the data base accurate.

            In addition, the bill exempts from dealer licensure  
            transfers of firearms by law enforcement agencies to  
            wholesalers, licensed manufactures, and importers.  The  
            author deleted from the bill proposed amendments to  
            exempt deliveries of guns to state licensed gun dealers  







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            and out-of-state federal firearms licensees in order to  
            comply with the Executive Order's tenor.

          4.  SB 218 Cleanup

             Last year, the Legislature passed and the Governor signed  
            SB 218 (Solis), Ch. 663/99.  That legislation created a  
            procedure whereby persons subject to domestic violence  
            restraining orders who were prohibited by federal law  
            from possessing guns acquired before they went into  
            effect would dispose of the same and, therefore, be in  
            compliance with state and federal law.

            After SB 218 was chaptered, certain concerns were raised  
            as to it implementation.  As a result, rather than having  
            Senator Solis introduce a new bill to "cleanup" these  
            issues, as an accommodation to her staff, those issues  
            are addressed in this bill.

            Specifically, this bill would change Family Code Section  
            6389 to require that any handgun sold, delivered,  
            returned or transferred by a local law enforcement agency  
            pursuant to that section (which prohibits a person  
            subject to specified protective orders from possessing a  
            firearm) be entered within ten days into the Automated  
            Firearms System, as specified, and makes additional  
            changes to that section.

            The intent of that change is to make sure that the  
            handgun is "registered" in the state automated system,  
            since it has only been required in the past ten years  
            that private party transactions occur through a licensed  
            firearms dealer or a sheriff's department in smaller  
            counties.

            That section does not require a background check of the  
            recipient before any firearms may be returned to that  
            person and to determine whether or not the firearm has  
            been stolen (and whether or not another restraining order  
            may exist which would prohibit a return of firearms).

            In addition, the amendments to the Family Code make  
            explicit that law enforcement agencies that do these  
            checks are not thereby not subject to state firearms  







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            dealer licensure requirements.  Finally, the amendments  
            make clear that if the person who is subject to the order  
            complies with the current procedure on weapons  
            disposition, he or she is exempt from the prohibition on  
            weapons possession that would otherwise apply.  SB 218  
            stated that non-compliance invoked the prohibition but  
            did not make the converse true as well.

          5. Mijares Issue Background  

            In 1997, the Legislature enacted and the Governor into  
            law AB 78 (Granlund), Ch. 235/97.  AB 78 purported to put  
            into statute in various circumstances exemptions from  
            otherwise applicable prohibitions on possession, carrying  
            and transfer of weapons where a person finds it or takes  
            it from a criminal and promptly transfers the same to a  
            law enforcement agency.

            AB 78 thus in certain circumstances codifies the  Mijares   
            doctrine (named after  People v. Mijares  , (1971) 6 Cal.3d   
            415).  The concern has since been raised that placing  
            so-called  Mijares  exemptions in certain code sections  
            implies legislative withdrawal of the same in others.

            This bill exempts from "through dealer processing" and  
            "dealer licensure' the transaction commencing with the  
            finding or taking possession of a firearm and the  
            disposition to a law enforcement agency.

            In addition, to resolve any ambiguity on the issue in  
            other circumstances, the bill, in an uncodified section,  
            states it is not the intent of the Legislature in  
            enacting the  Mijares  related provisions to expand or  
            narrow the application of current statutes and judicial  
            decisions in other sections of law regarding the doctrine  
            of "temporary lawful possession": recognized in  Mijares  .  

           6.  Museums

             As noted above, the Executive Order allows transfer of  
            firearms to Museums.  There is no current procedure in a  
            traditional "through-dealer transaction" where handguns  
            can legally be registered to an entity (as opposed to a  
            person).  The only circumstance where this is now  







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            possible is as to law enforcement institutional weapons.
             
             This bill creates an exemption from through dealer  
            processing for law enforcement and private party  
            transfers to museums if a number of conditions are met.   
            These include:

             A.    In the case of a law enforcement agency, the  
                transaction is made by an authorized law enforcement  
                representative of a city, county, city and county, or  
                state or federal government.

             B.    In all cases, the recipient of the weapon is a  
                public or private nonprofit historical society,  
                museum, or institutional collection.

             C.    The entity receiving the firearm is open to the  
                public.

             D.    The firearm, prior to delivery, is deactivated or  
                rendered inoperable.

             E.    In the case of a law enforcement agency, the  
                firearm is not a nuisance weapon.

             F.    The firearm may, by other provisions of law, be  
                sold, delivered, or transferred to the public at  
                large.

             G.    Prior to delivery, the entity receiving the  
                firearm agrees, in writing, that the firearm will not  
                be restored to operating condition, and will either  
                remain with that entity or, if subsequently disposed  
                of, will be transferred in accordance with the  
                provisions of current law.

             H.    As to law enforcement agencies, within ten days of  
                the date that the firearm is sold, delivered, or  
                transferred to that entity, a complete transaction  
                report is to be filed with DOJ.  As to private  
                individuals, an enhanced registration report is filed  
                with DOJ.

          7.  Antique Issue







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             In 1998, the Legislature passed, and then-Governor Wilson  
            signed into law, AB 2011 (Hertzberg), Chapter 911,  
            Statutes of 1998.  Among other provisions, AB 2011  
            required that, as a condition of transfer, in order to  
            transfer ownership of a handgun it had to be serialized.   
            AB 2011 exempted federally defined antiques from this  
            requirement.  This was in AB 2011 throughout its movement  
            to the Governor's Desk.

            As a result of a chaptering "mix-up" at the end of the  
            1998 session, the erroneous cross-reference in Penal Code  
            Section 12001 was changed such that the serialization  
            applies to all handguns (including priceless antiques).

            SB 31 corrects the erroneous cross-reference so that the  
            serialization requirement applies only to modern handguns  
            (i.e., non-federally defined antiques).

          8.  Miscellaneous

             This bill corrects an erroneous/out-dated cross-reference  
            to specified "unloaded locked" container exemptions to an  
            authorized governmental agency as part of an authorized  
            voluntary buy-back program.

            In addition, the bill adds locked container exemptions,  
            acquisition of, receipt of, or disposition of, a firearm  
            by a peace officer while investigating violations of law,  
            as specified; a person who takes possession of a firearm  
            after finding it or after taking it from a person  
            committing a crime against him or her; the sale, loan,  
            delivery, or transfer of a firearm made by any public or  
            private nonprofit historical society, museum, or  
            institutional collection under specified conditions; the  
            delivery, transfer, or sale of firearms made by an  
            authorized law enforcement representative of a local,  
            state, or federal government to a wholesaler under  
            specified conditions; and the transportation of a firearm  
            by a person for a specified purpose.

            As noted above, this bill amends existing exemptions by  
            adding several provisions regarding gunsmiths and private  
            investigators, patrol operators, and alarm companies to  







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            ensure that the specified individuals do not violate  
            existing law.

           Veto Message Pertaining to SB 29

           In his September 18, 1999, veto message, Governor Davis  
          indicated the following:

            "While this bill individually may have merit, it must  
            be considered in concert with the legislation already  
            signed into law this year.

            "Earlier this year, I signed into law five [gun]  
            bills?.Taken together, this legislation provides  
            California with the toughest gun-control laws in the  
            nation - much stronger than federal law?.Law  
            enforcement agencies must have time to absorb and  
            enforce the major revisions enacted into law this year.  
             Additionally, I would like the benefit of feedback  
            from law enforcement officials, including prosecutors,  
            on the effectiveness of these bills before burdening  
            them with additional responsibilities."

           Prior Legislation

          SB 29 (1999) - Vetoed by the Governor.  Passed the Senate  
            Floor on 9/10/99 with a vote of 29-6 (NOES:  Haynes,  
            Kelley, Knight, Lewis, Monteith, Mountjoy).
          SB 218 - Chapter 662, Statutes of 1999.  Passed the Senate  
            Floor on 9/10/99 with a vote of 23-9 (NOES:  Brulte,  
            Johannessen, Kelley, Knight, Leslie, Lewis, Monteith,  
            Mountjoy, Wright).
          SB 63 - Chapter 908, Statutes of 1998
          AB 2011 - Chapter 911, Statutes of 1998  
           
           FISCAL EFFECT :    Appropriation:  No   Fiscal Com.:  Yes    
          Local:  Yes


           SUPPORT  :   (Verified  1/24/00)

          Association for Los Angeles Deputy Sheriffs, Inc.
          Johan Klehs, Chair, State Board of Equalization
          National Coalition of Retail Firearms Dealers







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          Single Action Shooting Society

           ARGUMENTS IN SUPPORT  :    According to the author's office,  
          "this bill is the outgrowth of a five-year bipartisan  
          effort to create a truly accurate central handgun registry  
          which serves gun owners, gun dealers and law enforcement.   
          This bill is structured to provide maximum regulatory  
          flexibility to the DOJ consistent with the fee caps and  
          privacy protections contained in current law."

          NOTE:  The California Rifle and Pistol Association, Inc.  
          removed their opposition to the bill when the author  
          accepted their amendments to address their concerns.  They  
          are now neutral on the bill.


          RJG:cm  1/26/00   Senate Floor Analyses 

                         SUPPORT/OPPOSITION:  SEE ABOVE

                                ****  END  ****