BILL ANALYSIS                                                                                                                                                                                                    



                                                             


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|SENATE RULES COMMITTEE            |                   SB 130|
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                    UNFINISHED BUSINESS
                              

Bill No:  SB 130
Author:   Hayden (D), et al
Amended:  6/24/99
Vote:     21

  
  SENATE PUBLIC SAFETY COMMITTEE  :  5-0, 4/6/99
AYES:  Vasconcellos, Johnston, McPherson, Polanco, Rainey
NOT VOTING:  Burton

  SENATE APPROPRIATIONS COMMITTEE  :  9-3, 5/17/99
AYES:  Johnston, Alpert, Bowen, Burton, Escutia, Karnette,  
  McPherson, Perata, Vasconcellos
NOES:  Kelley, Leslie, Mountjoy
NOT VOTING:  Johnson

  SENATE FLOOR  :  25-9, 5/25/99
AYES:  Alarcon, Alpert, Bowen, Chesbro, Costa, Dunn,  
  Escutia, Figueroa, Hayden, Hughes, Johnston, Karnette,  
  McPherson, Murray, O'Connell, Ortiz, Peace, Perata,  
  Polanco, Rainey, Schiff, Sher, Solis, Speier,  
  Vasconcellos
NOES:  Johannessen, Johnson, Kelley, Knight, Leslie, Lewis,  
  Monteith, Mountjoy, Wright
NOT VOTING:  Baca, Brulte, Burton, Haynes, Morrow,  
  Poochigian

  ASSEMBLY FLOOR  :  54-19, 8/23/99 - See last page for vote
 

  SUBJECT  :    Firearms:  safety devices

  SOURCE  :     Author

                                                 CONTINUED





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  DIGEST  :    This bill enacts the Aroner-Scott-Hayden  
Firearms Safety Act of 1999.  This bill requires that after  
January 1, 2002, all firearms sold, transferred, or  
manufactured in this state be accompanied by both an  
approved firearms safety device and "warning" materials.   
This bill requires that the Attorney General/Department of  
Justice set standards for such devices and certify  
laboratories to verify compliance of such devices with the  
standards, and to set timelines for the implementation of  
this bill.  This bill requires all law enforcement  
agencies, effective January 1, 2000, to report to State  
Department of Health Services about incidents involving  
unintentional or self-inflicted firearms wounds to minors.   
This bill enacts legislative finding about firearms  
injuries to children and makes related changes.

  Assembly Amendments  made minor technical/clarifying  
changes.

  ANALYSIS  :    Existing law generally requires that any sale,  
loan, or transfer of a firearm shall be made through a  
licensed firearms dealer or, in counties of fewer than  
200,000 persons, a sheriff's department that elects to  
provide such services.

Existing law requires licensed dealers to follow specified  
procedures for such transactions, including that the dealer  
initiate a background check, obtain a basic firearms safety  
certificate for handgun transactions, and offer to provide  
the purchaser or transferee a copy of the State Department  
of Justice (DOJ) pamphlet on firearms laws.  Violations  
generally subject the dealer to forfeiture of the dealer's  
license or a misdemeanor penalty (some felony penalties  
apply for specified violations).

Existing law requires that the basic firearms safety  
certificate required for all handgun sales and transfers  
does involve a course or test which addresses issues of  
"safe use, handling, and storage" and childproofing methods  
for handguns.

Existing law provides criminal penalties for the criminal  
storage of a firearm in the first and second degrees, where  







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3

a minor sixteen years of age or younger obtains access to a  
firearm, and requires licensed dealers to post warnings  
about those penalties.

Existing law states it is the intention of the Legislature  
to occupy the whole field of regulation of the registration  
or licensing of commercially manufactured firearms as  
encompassed by the provisions of the Penal Code, and such  
provisions shall be exclusive of all local regulations,  
relating to registration or licensing of commercially  
manufactured firearms, by any political subdivision, as  
defined.

This bill enacts the Aroner-Scott-Hayden Firearms Safety  
Act of 1999 and does the following:

  1. Enacts legislative findings about the number of  
    unintentional shootings of minors.

  2. 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 in this state  
    shall include or be accompanied by a firearms safety  
    device approved by the Attorney General (AG).

    The sale or transfer of a firearm shall be exempt if  
    both of the following apply:

    A.     The purchaser or transferee owns a gun safe that  
       meets the standards set forth in Section 12088.2.   
       Gun safes shall not be required to be tested, and  
       therefore may meet the standards without appearing  
       on the DOJ roster.

    B.     The purchaser or transferee presents an original  
       receipt for purchase of the gun safe, or other proof  
       of purchase and ownership of the gun safe as  
       authorized by the AG, to the firearms dealer.  The  
       dealer shall maintain a copy of this receipt or  
       proof of purchase with the dealers' record of sales  
       of firearms.

    The sale or transfer of a firearm shall be exempt if  







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    the following apply:

    A.     The purchaser or transferee purchases an  
       approved safety device no more than 30 days prior to  
       the day the purchaser or transferee takes possession  
       of the firearm.

    B.     The purchaser or transferee presents the  
       approved safety device to the firearms dealer when  
       picking up the firearm.

    C.     The purchaser or transferee presents an original  
       receipt to the firearms dealer which shows the date  
       of purchase, the name, and the model number of the  
       safety device.

    D.     The firearms dealer verifies that the  
       requirements in (A) to (C), inclusive, have been  
       satisfied.

    E.     The firearms dealer maintains a copy of the  
       receipt along with the dealers' record of sales of  
       firearms.

  3. Requires that all firearms sold or transferred in  
    California by a licensed firearms dealer, including  
    private transfers through a dealer, and all firearms  
    manufactured in this state be accompanied by warning  
    language and labels, as specified - effective January  
    1, 2002.

  4. Requires the AG, no later than January 1, 2000, to  
    commence development of regulations to implement a  
    minimum safety standard for firearm safety devices and  
    gun safes to reduce the risk of firearms-related  
    injuries to children (no date mentioned).

  5. 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, and that these standards be  
    effective January 1, 2002.

  6. Requires, effective January 1, 2001, that the DOJ  







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    shall certify laboratories to test firearm safety  
    devices in order to verify compliance with standards  
    (allows fee to be charged the laboratory for  
    certification).

  7. Requires that, on and after July 1, 2001, the DOJ  
    shall compile, publish, and maintain a roster of  
    approved safety devices that have met DOJ's standards  
    for sale in this state.

  8. Authorizes the AG after January 1, 2002 to order  
    recall and replacement of any firearm safety device  
    that does not conform to the standards and warnings  
    required by the provisions of this bill, requires that  
    the licensed manufacturer bring the firearm safety  
    device into conformity, or provide a replacement.  If  
    the firearms safety device cannot be separated from the  
    firearm without damaging the firearm, the AG may order  
    the recall and replacement of the firearm.  If the  
    firearms safety devices can be separated and reattached  
    to the firearm without damaging the firearm, the  
    licensed manufacturer or licensed firearms dealer shall  
    immediately provide a conforming replacement.

  9. Requires that, effective January 1, 2000, each law  
    enforcement agency investigating an incident must  
    report to the State Department of Health Services any  
    incident in which a child eighteen 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.

 10. Provides that a violation of this bill, by dealers or  
    manufacturers, 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.

 11. Provides an exemption from the requirements of this  
    bill for peace officers, as specified.

 12. Provides that compliance with the requirements set  
    forth in this article shall not relieve any person from  







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    liability to any other person as may be imposed  
    pursuant to common law, statutory law, or local  
    ordinance.

 13. Provides that these new provisions of law shall be  
    known and cited as the "Aroner-Scott-Hayden Firearms  
    Safety Act of 1999."

 14. Adds related changes to law.

Section 12088.8 of this bill exempts "antique" firearms and  
uses a cross-reference to Title 18 U.S.C. Section  
921(a)(16):

  (16) The term "antique firearm" means --

   (A) any firearm (including any firearm with a matchlock,  
      flintlock, percussion cap, or similar type of  
      ignition system) manufactured in or before 1898; and

   (B) any replica of any firearm described in subparagraph  
      (A) if such replica --

      (i)      is not designed or redesigned for using  
         rimfire or conventional centerfire fixed  
         ammunition, or

      (ii)     uses rimfire or conventional centerfire  
         fixed ammunition which is no longer manufactured  
         in the United States and which is not readily  
         available in the ordinary channels of commercial  
         trade.

15.Authorizes DOJ to require each dealer to charge each  
   firearm purchaser or transferee a fee not to exceed one  
   dollar per transaction to support the program.

16.Creates the Firearm Safety Account in the General Fund  
   to accept collected fees.

  Related Legislation

  This bill has been amended with language intended to be  
identical to AB 106 (Scott, Aroner, and Hayden), which  







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passed the Assembly Public Safety Committee on March 23,  
1999, as amended.
  
  This bill and AB 106 are longer and more complex than  
previous efforts to require that firearms be sold in  
California with "trigger locks" or similar devices because  
the bills this year would create a standards and  
certification requirement involving the AG/DOJ and  
independent laboratories.  It has been suggested in  
previous years that simply requiring that firearms be  
sold/transferred (with handguns, long guns, or both, and  
whether peace officers are exempted or not) with "trigger  
locks" or similar devices would in some cases result in the  
use of a shoddy or ineffective device simply to comply with  
the technical requirements of the law.  Whether or not that  
would be the case, and how extensively it might occur, has  
not been proven.  It may also not be clear how difficult it  
would be to establish the standards called for by this  
year's bills, how many firearms safety device manufacturer  
would seek certification in California, and how costly that  
process would be actually to those manufacturers and the  
AG/DOJ.

  Prior Legislation
  
SB 1550 (Hayden - 1997-98 Session):  Senate Floor Vote:   
23-13.  Vetoed by the Governor.

AB 1124 (Aroner - 1997-98 Session):  Senate Floor Vote:   
22-15.  Vetoed by the Governor.

SB 134 (Marks - 1993-94 Session):  Senate Floor Vote:   
21-11.  Vetoed by the Governor.

SB 861 (1988-89 Session).  Vetoed by the Governor.

  FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  Yes    
Local:  Yes


                Fiscal Impact (in thousands)

  Major Provisions            1999-2000            2000-01          
   2001-02             Fund







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 Certify labs/develop          $327                  $307     
        unknown       General
standards/report                   offset by increased fee  
revenues
roster
 
Law enforcement           Unknown, probably not substantial  
              Local
notification to DHS       increased mandated, potentially 
DHS                                reimbursable costs
                                          $  58              
      $ 77             $77               General

 SUPPORT  :   (Verified -- unable to verify at time of  
writing)

Handgun Control
Los Angeles County District Attorney
Women Against Gun Violence
Trauma Foundation
California Academy of Family Physicians
Legal Community Against Violence
California Child, Youth, and Family Association
Violence Prevention Coalition of Orange County
Orange County Citizens for the Prevention of Gun Violence
California Psychiatric Association
City of Los Angeles
Los Angeles Police Department
City of West Hollywood
Physicians for a Violence Free Society
Government Relations Oversight Committee
California Organization of Police and Sheriffs
American Academy of Pediatricians

  OPPOSITION  :    (Verified -- unable to verify at time of  
writing)

Gun Owners of California
California Shooting Sports Association

  ARGUMENTS IN SUPPORT  :    According to the author's office:

In the years 1987 to 1996, nearly 2,200 children in the  







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United States under the age of fifteen years died in  
unintentional shootings.  In 1996 alone, 138 children were  
shot and killed unintentionally.  Thus on average, more  
than eleven 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 fifteen, 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 agreement did not cover 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:

1.Creating standards for firearms safety devices.

2.Requiring devices sold in California to meet these  
  standards.

3.Mandating that safety devices be included with all  
  firearms sold to Californians.

Eighty-six percent 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  







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sold with firearms.

  ARGUMENTS IN OPPOSITION  :    The California Shooting Sports  
Association states:

"Except for certain electronic devices, the requirement  
that all firearms sold by a dealer be equipped with a "use  
limitation device" will have little impact on preventing  
firearms related accidents.  Irresponsible people will not  
use the devices once they have left the store.  Trigger  
locks and other devices have been available for years, yet  
they are not widely used.

"The problem is not a lack of use limitation devices, but  
is human behavior that is lacking in good judgment and  
responsibility.  The key to the solution is education, not  
mandating more equipment that will not be used.

"During the last session of the legislature, a measure was  
defeated that would have memorialized schools to teach  
students not to touch a firearm when discovered but,  
instead, to go and tell an adult.  This simple but  
effective message to children was denied passage by the  
very people who complain about firearms related accidents  
involving children.  This issue should be revisited.  It is  
only through safety education that firearm accidents will  
be decreased.  Mandating new equipment that will not be  
used will have no effect."  
  
  ASSEMBLY FLOOR  :  54-19, 8/23/99
AYES:  Alquist, Aroner, Bock, Calderon, Cardenas, Cardoza,  
  Cedillo, Corbett, Correa, Cunneen, Davis, Ducheny, Dutra,  
  Firebaugh, Florez, Floyd, Gallegos, Havice, Hertzberg,  
  Honda, Jackson, Keeley, Knox, Kuehl, Leach, Lempert,  
  Longville, Lowenthal, Machado, Maddox, Maldonado,  
  Mazzoni, Migden, Nakano, Rod Pacheco, Papan, Pescetti,  
  Reyes, Romero, Scott, Shelley, Soto, Steinberg,  
  Strom-Martin, Thomson, Torlakson, Vincent, Washington,  
  Wayne, Wesson, Wiggins, Wildman, Wright, Villaraigosa
NOES:  Aanestad, Ackerman, Baldwin, Baugh, Briggs,  
  Campbell, Cox, Dickerson, Frusetta, Granlund, House,  
  Kaloogian, Leonard, McClintock, Oller, Robert Pacheco,  
  Runner, Strickland, Thompson
NOT VOTING:  Ashburn, Bates, Battin, Brewer, Margett,  







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  Olberg, Zettel

RJG:cm  8/23/99   Senate Floor Analyses 

               SUPPORT/OPPOSITION:  SEE ABOVE

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