BILL ANALYSIS                                                                                                                                                                                                    



                                                          SB 130
                                                          Page  1

Date of Hearing:  June 29, 1999
Counsel:              Gregory Pagan


              ASSEMBLY COMMITTEE ON PUBLIC SAFETY 
                        Mike Honda, Chair

           SB 130 (Hayden) - As Amended:  June 24, 1999


  SUMMARY  :  Requires the Attorney General (AG) to develop and  
implement minimum safety standards for firearms safety devices,  
and mandates that all firearms manufactured in California or  
sold or transferred by a licensed firearms dealer be accompanied  
by an approved firearms safety device and bear a safety warning  
label, as specified.    Specifically,  this bill  : 

1)Provides that effective January 1, 2002 all firearms sold or  
  transferred in California by a licensed firearms dealer,  
  including private transfers through a dealer, and all firearms  
  manufactured include or be accompanied by a firearms safety  
  device approved by the AG.

2)Exempts the sale and transfer of firearms if the purchaser or  
  transferee owns or has recently purchased a gun safe, as  
  specified, or has recently purchased an approved safety  
  device, as specified.

3)Requires the AG, not later than January 1, 2000, to commence  
  development of regulations, as specified, to implement a  
  minimum safety standard for firearm safety devices to reduce  
  the risk of firearm-related injuries to children.

4)Requires that the AG adopt and issue regulations regarding a  
  final safety standard for firearm safety devices and report  
  these standards to the Legislature by January 1, 2001.  These  
  standards are effective January 1, 2002. 

5)Requires the Department of Justice (DOJ) to certify  
  laboratories to test firearm safety devices in order to verify  
  compliance with standards, and to compile and publish a roster  
  of approved safety devices that have met the DOJ's standards.   
  The DOJ may charge any laboratory seeking certification a fee  
  not exceeding the costs of certification including the costs  
  of developing regulations and standards.








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6)Authorizes the AG after January 1, 2002 to order recall and  
  replacement of any firearm or firearm safety device that does  
  not conform to the standards and warnings required by this  
  bill.  Requires that the licensed manufacturer bring the  
  firearm or the firearm safety device into conformity or  
  provide a replacement.

7)Requires that all firearms sold or transferred in California  
  by a licensed firearms dealer, including private transfers  
  through a dealer, and all firearms manufactured bear a  
  specific warning label. 

8)Requires that law enforcement investigating an incident must  
  report to the AG any incident in which a child 18 years of age  
  or younger suffered an unintentional or self-inflicted gunshot  
  wound in which the child suffered serious injury or was  
  treated for an injury by a medical professional.

9)Provides that a violation of this bill is punishable by a fine  
  of $1,000; a second violation is punishable by a fine of  
  $1,000 and a 30-day license suspension; and a third violation  
  results in a permanent loss of a license.

10)Provides that the DOJ may require each dealer to charge each  
  firearm purchaser a fee not to exceed $1 for each firearm  
  transaction for the purpose of supporting program costs  
  relating to this bill, including the establishment,  
  maintenance, and upgrading of related database systems and  
  public rosters.

  EXISTING LAW  :

1)Specifies prohibitions and requirements with regard to the  
  circumstances under which a person licensed to sell firearms  
  may sell or transfer a firearm.  (Penal Code Section 12071.)

2)Requires that a licensee offer to provide a specified  
  informational pamphlet to each purchaser or transferee of a  
  firearm or person being loaned a firearm.  (Penal Code Section  
  12071.)

3)Establishes the crime of criminal storage of a firearm which  
  arises when a person keeps a loaded firearm and knows or  
  reasonably should know that a child under the age of 14 is  








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  likely to gain access to the firearm, and the child gains  
  access and causes death, injury, or exhibits the firearm as  
  specified,  (Penal Code Section 12035.)

4)Provides that the DOJ must issue a certificate of eligibility  
  to an applicant if DOJ's records indicate that the applicant  
  is not a person prohibited from possessing a firearm.  (Penal  
  Code Section 12071(a)(4).)
  
FISCAL EFFECT  :  Unknown

  COMMENTS  :

  1)Authors Statement  .  According to the author, "In the years  
  1987 to 1996, nearly 2,200 children in the United States under  
  the age of 15 years died in unintentional shootings.  In 1996  
  alone, 138 children were shot and and killed unintentionally.   
  Thus, on average, more than 11 children every month, or one  
  child every three days, were shot or killed unintentionally in  
  firearms-related incidents.

"The United States leads the industrialized world in the rates  
  of children and youth lost to unintentional, firearms-related  
  death.  A 1997 study from the federal Centers for Disease  
  Control and Prevention reveals that for unintentional  
  firearm-related deaths for children under the age of 15, the  
  rate in the United States was nine times higher than in 25  
  other industrialized nations.

"To prevent unintentional shootings, fifteen of the nation's  
  firearms manufacturers agreed to sell their firearms with  
  trigger locks in 1997.  However, there are no standards for  
  these safety devices, and neither the federal nor state  
  government requires safety devices to be sold with firearms.   
  In addition, many manufacturers (including all the California  
  manufacturers) refused to sign onto this agreement, and the  
  sale of 'used' guns.  For these reasons, many firearms sold in  
  California do not come with an adequate safety device.

"The Aroner/Scott/Hayden Firearms Safety Act would do a great  
  deal to prevent unintentional shootings by:  (a) creating  
  standards for firearms safety devices, (b) requiring devices  
  sold in California to meet these standards, and (c) mandating  
  that safety devices be included with all firearms sold along  
  with firearms.








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"86% of Americans surveyed support legislation requiring  
  handguns to be childproof.  Over 30 California cities have  
  passed ordinances requiring safety devices to be sold with  
  firearms.  The time has come for statewide legislation that  
  certifies firearms safety devices, requires California  
  manufacturers to package firearms with these devices and  
  mandates that devices be sold along with firearms." 

  2)Minimum Safety Standards  .  This bill requires the AG to  
  develop and implement minimum safety standards for firearms  
  safety devices to significantly reduce the risk of  
  firearms-related injuries to children 18 years of age and  
  younger.  The bill has proposed guidelines for use by the AG  
  in developing the standards, including addressing the risk of  
  injury from unintentional gunshot wounds and from  
  self-inflicted gunshot wounds by unauthorized users, which  
  include provisions ensuring that firearms safety devices are  
  reusable and of adequate quality to prevent unauthorized users  
  from firing firearms and ensure that these devices cannot be  
  readily removed from firearms except by authorized adult users  
  using appropriate methods of access.  This bill also states  
  that the AG should give appropriate consideration to the use  
  of devices not detachable, but permanently installed and  
  incorporated into the design of firearms.  The AG has the  
  authority to implement regulations requiring that a firearm  
  safety device be incorporated into the design of the firearm  
  which would prevent the sale or transfer of older firearms not  
  so equipped.  If the AG were to require that the firearm  
  safety device be of a type that might prove to be costly or  
  expensive, the AG could prevent the sale or transfer of  
  firearms.  However, this bill does require that the AG report  
  the final standards to the Legislature one year prior to  
  implementation.

  3)Mandatory Law Enforcement Reporting Requirement  .  This bill  
  requires that each lead law enforcement agency investigating  
  an incident report to the Department of Health Services any  
  incident in which a child 18 years of age or younger suffered  
  an unintentional or self-inflicted gunshot wound or where a  
  child died, suffered serious injury, or was treated for an  
  injury by a medical professional as a result of the incident.   
  This requirement will place additional costs and burdens on  
  local law enforcement, and this bill does not state the  
  purpose for the requirement or what the Department of Health  








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  Services is to do with this information.  This bill does not  
  require that the Department of Health Services establish a  
  data bank or do anything with the material collected.  Is this  
  provision necessary?  

  4)Prior Legislation  .

   a)   AB 1124 (Aroner), of the 1997-98 Legislative Session,  
     required a person licensed to sell firearms to provide each  
     buyer with a trigger lock.  AB 1124 was vetoed.

   b)   SB 1550 (Hayden), of the 1997-98 Legislative Session,  
     required firearms dealers to offer use-limitation devices  
     to firearm purchasers.  SB 1550 was vetoed. 

  5)Pending Legislation:   AB 106 (Scott) is identical to SB 130  
  and presently pending before the Senate Public Safety  
  Committee.   


  REGISTERED SUPPORT / OPPOSITION :   

  Support  

California Child, Youth and Family Coalition
California Congress of Parents, Teachers, and Students Inc.
California District of the American Academy of Pediatrics
California Organization of Police and Sheriffs
California Peace Officers' Association
California Police Chiefs' Association
California Psychiatric Association
City of Los Angeles 
City of Oakland
City of West Hollywood
Handgun Control, Inc.
John Klehs, Chair State Board of Equalization
Legal Community against Violence
Los Angeles County District Attorney's Office
Los Angeles Police Department
Orange County Citizens for the Prevention of Gun Violence
Physicians for a Violence-Free Society
Trauma Foundation
Violence Prevention Coalition of Orange County
Women against Gun Violence









                                                          SB 130
                                                          Page  6

  Opposition  

California Shooting Sports Association
Gun Owners of California, Inc.
National Rifle Association of America
  
Analysis Prepared by  :  Gregory Pagan / PUB. S. / (916) 319-3744