BILL ANALYSIS                                                                                                                                                                                                    



                                                                       


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                              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





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          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  







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            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  







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            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.








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           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  







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          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

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