BILL ANALYSIS
SB 31
Page 1
SENATE THIRD READING
SB 31 (Peace)
As Amended August 18, 2000
Majority vote
SENATE VOTE :26-1
PUBLIC SAFETY 5-2 APPROPRIATIONS 19-2
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|Ayes:|Washington, Cedillo, |Ayes:|Migden, Campbell, |
| |Firebaugh, Keeley, Romero | |Alquist, Aroner, Brewer, |
| | | |Cedillo, Corbett, Davis, |
| | | |Kuehl, Maldonado, Papan, |
| | | |Romero, Runner, Shelley, |
| | | |Thomson, Wesson, Wiggins, |
| | | |Wright, Zettel |
| | | | |
|-----+--------------------------+-----+--------------------------|
|Nays:|Dickerson, Oller |Nays:|Ackerman, Ashburn |
| | | | |
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SUMMARY : Makes a series of changes to the Dangerous Weapons'
Control Act relative to the sale, transfer and delivery of guns.
Specifically, this bill :
) Requires Judicial Council to provide notice on all protective
orders that the respondent is prohibited from possessing,
purchasing, or receiving a firearm.
2)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
10 days into the Automated Firearms System (AFS), as specified.
3)Adds an additional exemption to Penal Code Section 12026.2
pertaining to the current prohibition against carrying unloaded
handguns in public to include transportation of a firearm in
order to comply with requirements in law to dispose of those
firearms.
4)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
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transferred by that agency pursuant to existing statutes that
includes a reporting requirement, within 10 days of the date
that the handgun is transferred, the transaction and its detail
shall be reported to the Department of Justice (DOJ) using an
existing computer system.
5)Requires in any case where a law enforcement agency destroys its
non-nuisance-registered handguns, within 10 days of the date the
handguns are destroyed, that fact and its details shall be
reported to DOJ using an existing computer system.
6)Provides that Penal Code Section 12071 relative to retail
licenses and dealers, and subdivisions (c) and (d) of Penal Code
Section 12072 relative to prohibited transfers, shall not apply
to the delivery of a firearm to a gunsmith for service or
repair.
7)Declares legislative intent pertaining to procedures for any
person who legally acquires a firearm and thereafter becomes a
member of a class that is prohibited from possessing that
firearm to dispose of a firearm and avoid criminal liability.
8)Requires that DOJ conduct a study and make recommendations to
the Legislature regarding the procedure for disposing or
relinquishing possession of firearms legally acquired firearms
to avoid criminal liability.
9)Makes additional minor changes to existing firearms statutes.
10)Adds double-jointing language to prevent chaptering problems
with AB 1989 (Dickerson), pending on Senate Third Reading.
EXISTING LAW :
1)Provides that a person subject to a domestic violence
restraining order may not own or possess any firearm. The court
may order a person who is the subject of a domestic violence
protective order to relinquish possession or control of any
firearm during the period covered by the order. Federal law
provides that a person subject to a court order that restrains
the person from harassing, stalking, or threatening an intimate
partner or child of such intimate partner cannot lawfully
receive, possess, ship, or transport a firearm or ammunition, as
specified.
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2)Provides that handguns are centrally registered at time of
transfer or sale with DOJ. DOJ records pertaining to transfers
of firearms not pistols, revolvers, or other firearms capable of
being concealed upon the person are not centrally registered.
3)Identifies specified exemptions to the current prohibition
against carrying a concealed weapon.
4)Provides for a DOJ Certificate of Eligibility (COE). A COE is a
fingerprint-based background check with the certificate issued
annually if the person applying is not within any category of
persons prohibited from possessing a firearm. The person
possessing a COE is entered into the DOJ system so that if a COE
possessor does fall into a class of persons prohibited from
possessing firearms, the DOJ will be notified of that fact.
FISCAL EFFECT : According to the Assembly Appropriations Committee
analysis, unknown minor nonreimbursable local costs for
incarceration, offset to an indeterminable degree by fine revenue.
COMMENTS : According to the author, "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. The bill is structured to provide maximum regulatory
flexibility to the DOJ consistent with the fee caps and privacy
protections contained in current law. At the same time, this bill
attempts to address issues associated with SB 218 (Solis) of last
year at Senator Solis' request."
Please see the policy committee analysis for a more comprehensive
discussion of this bill.
Analysis Prepared by : Fredericka McGee / PUB. S. / (916)
319-3744FN: 0006150