BILL ANALYSIS                                                                                                                                                                                                    



                                                                  SB 31
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          SENATE THIRD READING
          SB 31 (Peace)
          As Amended August 28, 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         |
          |     |                          |     |                          |
           ----------------------------------------------------------------- 
           SUMMARY  :   Makes a series of changes to the Dangerous Weapons'  
          Control Act relative to the sale, transfer and delivery of guns.  
           Specifically,  this bill  :  

          1)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  








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            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 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, or the return of that firearms to the owner.

          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)  
          319-3744                                          FN: 0006718