BILL ANALYSIS ------------------------------------------------------------ |SENATE RULES COMMITTEE | SB 31| |Office of Senate Floor Analyses | | |1020 N Street, Suite 524 | | |(916) 445-6614 Fax: (916) | | |327-4478 | | ------------------------------------------------------------ UNFINISHED BUSINESS Bill No: SB 31 Author: Peace (D), et al Amended: 8/28/00 Vote: 21 SENATE PUBLIC SAFETY COMMITTEE : 4-0, 1/11/00 AYES: Vasconcellos, Burton, Johnston, Polanco SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8 SENATE FLOOR : 26-1, 1/27/00 AYES: Alarcon, Alpert, Bowen, Burton, Costa, Dunn, Escutia, Figueroa, Hayden, Hughes, Johnston, Karnette, McPherson, Murray, O'Connell, Ortiz, Peace, Perata, Polanco, Rainey, Schiff, Sher, Solis, Speier, Vasconcellos, Wright NOES: Mountjoy ASSEMBLY FLOOR : 62-14, 8/29/00 - See last page for vote 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 CONTINUED SB 31 Page 2 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. Assembly Amendments 1.Provide that Senator Perata and Senator Solis are joint authors on the bill. 2.Require 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 Firearms System, as specified. 3.Require that where any agency registered handgun is transferred or destroyed, that information be entered within ten days into the Automated Firearms System, as specified. 4.Correct 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). 5.Delete the prohibition on "ownership" of firearms from certain prohibitions involving domestic violence in order to address certain due process and makes conforming changes. 6. Clarify that guns purchased in "gun-buyback" programs are not to be recycled to the general public. 7.Mandate a State Department of Justice study on the issue of how persons who legally acquire guns who subsequently become prohibited possessors can legally dispose of those guns. 8.Clarify that returns of firearms by gunsmiths to their owners will continue to be exempt from certain transfer SB 31 Page 3 requirements. 9.Double-joins this bill with AB 273 (Scott) and AB 1989 (Dickerson). ANALYSIS : 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, posses, ship, or transport a firearm or ammunition, as specified. 2. Provides that handguns are centrally registered at time of transfer or sale with the State Department of Justice (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 Certification 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. This bill: 1.Requires the Judicial Council to provide notice on all SB 31 Page 4 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 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 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. SB 31 Page 5 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) and AB 273 (Scott). Comments 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 8/30/00) Association for Los Angeles Deputy Sheriffs, Inc. California Antique Collectors Association California District Attorney Association (for Contra Costa County District Attorney) ARGUMENTS IN SUPPORT : According to the author, "While this bill does not contain all that we asked for when it passed the Senate, including more improvements to the data base, it at least solves the agency disposition issue and deals with the immediate threat to public safety from the failure to fully implement SB 218 (Solis) from last year. I look forward to revisiting these issues next year so that SB 31 Page 6 we truly have an accurate data base which serves everyone's interests." ASSEMBLY FLOOR : AYES: Alquist, Aroner, Bates, Battin, Bock, Brewer, Calderon, Campbell, Cardenas, Cardoza, Cedillo, Corbett, Correa, Cox, Cunneen, Davis, Dickerson, Ducheny, Dutra, Firebaugh, Florez, Gallegos, Granlund, Havice, Honda, Jackson, Keeley, Knox, Kuehl, Lempert, Longville, Lowenthal, Machado, Maddox, Maldonado, Margett, Mazzoni, Migden, Nakano, Olberg, Robert Pacheco, Papan, Pescetti, Reyes, Romero, Runner, Scott, Shelley, Steinberg, Strom-Martin, Thomson, Torlakson, Villaraigosa, Vincent, Washington, Wayne, Wesson, Wiggins, Wildman, Wright, Zettel, Hertzberg NOES: Aanestad, Ackerman, Ashburn, Baldwin, Baugh, Briggs, House, Kaloogian, Leonard, McClintock, Oller, Rod Pacheco, Strickland, Thompson RJG:cm 8/31/00 Senate Floor Analyses SUPPORT/OPPOSITION: SEE ABOVE **** END ****