BILL ANALYSIS
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|SENATE RULES COMMITTEE | AB 1286|
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THIRD READING
Bill No: AB 1286
Author: Huber (D)
Amended: As introduced
Vote: 21
SENATE PUBLIC SAFETY COMMITTEE : 6-0, 6/16/09
AYES: Leno, Benoit, Cedillo, Hancock, Huff, Steinberg
NO VOTE RECORDED: Wright
ASSEMBLY FLOOR : 77-0, 5/21/09 (Consent) - See last page
for vote
SUBJECT : Firearms: exempting post-certified academies
from monthly
handgun purchase limitations
SOURCE : California Academy Directors Association
DIGEST : This bill exempts community colleges that are
certified by the Commission on Peace Officer Standards and
Training to present the law enforcement academy basic
course or other Commission-certified law enforcement
training from the law which prevents any person from making
an application to purchase more than one firearm capable of
being concealed upon the person within any 30-day period.
ANALYSIS : Existing law provides that, in establishing
the standards for training, the Commission on Peace Officer
Standards and Training (Commission) shall permit the
required training to be obtained at institutions approved
CONTINUED
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by the Commission. (Penal Code Section 13511(a).)
Existing law prohibits specified persons and corporations
from knowingly supplying, selling or giving possession or
control of a firearm to any person within specified
prohibited classes. (Penal Code Section 12072(a)(1).)
Existing law states that no person shall make an
application to purchase more than one pistol, revolver, or
other firearm capable of being concealed on the person
within any 30-day period. (Penal Code Section
12072(a)(9)(A).)
Existing law exempts from the prohibition relating to
applying to purchase more than one firearm, as specified,
within a 30-day period, specified persons and groups,
including:
1.Any law enforcement agency.
2.Any agency duly authorized to perform law enforcement
duties.
3.Any state or local correctional facility.
4.Any private security company licensed to do business in
California.
5. Any person who is properly identified as a full-time
paid peace officer, as defined, and who is authorized
to, and does carry a firearm during the course and scope
of his or her employment as a peace officer.
6.Any motion picture, television, or video production
company or entertainment or theatrical company whose
production by is nature involves the use of a firearm.
7.Any transaction conducted through a licensed firearms
dealer, as specified.
8.Any person who is licensed as a collector pursuant to
federal law and regulations and who has a current
certificate of eligibility issued to him or her by the
Department of Justice (DOJ), as specified.
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9.The exchange of a pistol, revolver, or other firearm
capable of being concealed upon the person where the
dealer purchased that firearm from the person seeking
the exchange within the 30-day period immediately
preceding the date of exchange or replacement.
10.The replacement of a pistol, revolver, or other firearm
capable of being concealed upon the person when the
person's pistol, revolver, or other firearm capable of
being concealed upon the person was lost or stolen, and
the person reported that firearm lost or stolen prior to
the completion of the application to purchase to any
local law enforcement agency of the city, county, or
city and county in which he or she resides.
11.The return of any pistol, revolver, or other firearm
capable of being concealed upon the person to its owner.
(Penal Code Section 12072(a)(9)(B)(i) to (xii).)
Existing law provides that no handgun shall be delivered
whenever the dealer is notified by DOJ that within the
preceding 30-day period the purchaser has made another
application to purchase a handgun, as specified. (Penal
Code Section 12072(c)(6).)
Existing law prohibits the sale, supply or delivery of a
pistol, revolver, or firearm capable of being concealed
upon the person to any person under age 21 years or any
other firearm to a person under the age of 18 years.
(Penal Code Section 12072(b).)
Existing law establishes numerous administrative
requirements with respect to the sales of handguns,
including obtaining a handgun safety certificate,
requirements for persons holding dealers' licenses, and
obtaining a verification number via the Internet. (Penal
Code Section 12072.)
This bill exempts community colleges certified the
Commission to present the law enforcement academy basic
course or other Commission-certified law enforcement
training from the law which prevents any person from making
an application to purchase more than one firearm capable of
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being concealed upon the person within any 30-day period.
Correcting an Oversight
In 199, California, following the example of Virginia,
imposed a one-per-month limit on handgun purchases. The
analysis of the Senate Public Safety Committee at that time
indicates that the author's purpose was to:
"?curtail the illegal gun market, disarm criminals, and
save lives by preventing multiple purchases of handguns
through legitimate channels. Preventing multiple
purchases takes the profit out of black market sales
and puts gun traffickers and straw purchases out of
business." (Senate Public Safety Committee analysis of
AB 202 (Knox), Chapter 128, Statutes of 1999.
At the same time the limit was imposed, several
exceptions were created, including transactions conducted
by:
1.Any law enforcement agency.
2.Any agency duly authorized to perform law enforcement
duties.
3.Any state or local correctional facility.
4.Any private security company licensed to do business in
California.
5.Any person who is properly identified as a full-time
paid peace officer, as defined, as specified.
6.Any transaction conducted through a law enforcement
agency, as specified.
According to the information provided to the Senate Public
Safety Committee by the Commission, it certifies 40 law
enforcement academies statewide. Of these, there are two
types of academies: those run by a specific law
enforcement agency, such as the Department of the
California Highway Patrol or the Los Angeles Police
Department. A person who wants to work for one of those
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agencies must attend the academy run by that agency. Those
agencies, because they are an extension of a law
enforcement agency, are exempted from the one
handgun-per-month limit. However, the Commission also
certifies college-affiliated academies. These academies
serve regional areas that usually contain smaller law
enforcement jurisdictions that cannot support their own
academy because they don't hire at the level larger
agencies do. Napa Valley College Academy, for example,
serves Vacaville, Fairfield, Napa and surrounding areas
collecting small numbers of recruits from each local area
until they have enough for a full class (usually 25-100
recruits). Thus, their classes are filled with recruits
training to work for multiple agencies.
Due to an oversight, these college-affiliated academies are
not exempt from the one-per-month limit on handgun
purchases. This restricts their ability to purchase a
quantity of firearms in anticipation of a full class.
This bill exempts those college-affiliated academies from
the one-per-month limit and this exemption will apply only
to Commission certified academies. This exemption appears
to be consistent with the original intent of the
legislation which created the one-per-month limitation.
FISCAL EFFECT : Appropriation: No Fiscal Com.: No
Local: No
SUPPORT : (Verified 6/17/09)
California Academy Directors Association (source)
American River College
Butte College Public Safety Training and Education Center
California State Sheriffs' Association
Contra Costa County Sheriff
Escondido Police Officers' Association
Palomar College Police Academy
Regional Law Enforcement Training Center and Police Academy
at Rio Hondo College
Sacramento County Sheriff
San Bernardino County Sheriff
Southwestern Community College Police Academy
State Center Regional Training Center (Fresno City College
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Police Academy)
Yuba Community College District's Public Safety Center
ARGUMENTS IN SUPPORT : According to the author's office,
"Penal Code 12072 stipulates that most people and
organizations are prohibited from purchasing more than one
concealable handgun within a thirty day period.
"Currently exempted from this law are law enforcement
agencies, state and local correctional facilities, licensed
private security companies, peace officers, licensed
firearm collectors and motion picture, television and video
production companies. The exemption does not apply to
police training academies.
"Throughout California, there are 39 peace officer training
academies that require access to numerous concealable
firearms to ensure competent handgun skill, which is
required of all peace officers. The exemption that applies
to law enforcement organizations does not include 19 of the
39 peace officer training academies.
"California community colleges have a long, rich and safe
history of training California peace officers and there is
no justification for including some facilities in the
30-day exemption while excluding others.
"AB 1286 allows community colleges to have an exemption
from the one-gun-a-month purchase limitation so they can
purchase enough firearms to instruct peace officer trainees
in safe firearm usage."
ASSEMBLY FLOOR :
AYES: Adams, Ammiano, Anderson, Arambula, Beall, Bill
Berryhill, Tom Berryhill, Blakeslee, Block, Blumenfield,
Brownley, Buchanan, Caballero, Charles Calderon, Carter,
Chesbro, Conway, Cook, Coto, Davis, De La Torre, De Leon,
DeVore, Duvall, Emmerson, Eng, Evans, Feuer, Fletcher,
Fong, Fuller, Furutani, Gaines, Galgiani, Garrick,
Gilmore, Hagman, Hall, Harkey, Hayashi, Hernandez, Hill,
Huber, Huffman, Jeffries, Jones, Knight, Krekorian, Lieu,
Logue, Bonnie Lowenthal, Ma, Mendoza, Miller, Monning,
Nestande, Niello, Nielsen, John A. Perez, V. Manuel
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Perez, Portantino, Price, Ruskin, Salas, Silva, Skinner,
Smyth, Solorio, Audra Strickland, Swanson, Torlakson,
Torres, Torrico, Tran, Villines, Yamada, Bass
NO VOTE RECORDED: Fuentes, Nava, Saldana
RJG:cm 6/17/09 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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