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. SB 130 Page 2 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 SB 130 Page 3 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. SB 130 Page 4 "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 SB 130 Page 5 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