BILL ANALYSIS
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|SENATE RULES COMMITTEE | AB 1810|
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THIRD READING
Bill No: AB 1810
Author: Feuer (D)
Amended: 8/20/10 in Senate
Vote: 21
SENATE PUBLIC SAFETY COMMITTEE : 4-2, 6/29/10
AYES: Leno, Cedillo, Hancock, Steinberg
NOES: Huff, Wright
NO VOTE RECORDED: Cogdill
SENATE APPROPRIATIONS COMMITTEE : 7-4, 8/12/10
AYES: Kehoe, Alquist, Corbett, Leno, Price, Wolk, Yee
NOES: Ashburn, Emmerson, Walters, Wyland
ASSEMBLY FLOOR : 42-29, 6/3/10 - See last page for vote
SUBJECT : Long gun transfer records
SOURCE : California Chapters of the Brady Campaign to
Prevent Gun
Violence
Legal Community Against Violence
DIGEST : This bill provides that firearms reporting and
record retention requirements that currently apply only to
handguns also apply to long guns.
Senate Floor Amendments of 8/20/10 add double-jointing
language to address potential chaptering conflicts with AB
1934 (Saldana) and SB 282 (Wright).
CONTINUED
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ANALYSIS : Existing law requires that persons who sell,
lease, or transfer firearms be licensed by California.
(Sections 12070 and 12071 of the Penal Code [PEN])
Existing law requires all sales, loans, and transfers of
firearms to be processed through or by a state-licensed
firearms dealer or a local law enforcement agency. (PEN
Section 12072(d))
Existing law provides that there is a 10-day waiting period
when purchasing a handgun through a firearms dealer.
During which time, a background check is conducted and a
handgun safety certificate is required prior to delivery of
the firearm. (PEN Sections 12071 and 12072)
Existing law requires a person moving to California with a
handgun acquired outside California and who did not receive
the gun from a California-licensed gun dealer to register
the gun with the Department of Justice (DOJ). (PEN Section
12072(f)(2))
Existing law provides that handguns are centrally
registered with DOJ as part of this process. A violation
of these handgun provisions is an alternate
felony/misdemeanor punishable, by up to one year in the
county jail or by imprisonment in the state prison for 16
months, two or three years. The alternate
felony/misdemeanor provisions that are treated as felonies
are offenses which presumptively mandate a state prison
sentence. (PEN Sections 1203(e)(13), 11106, and 12072(c)
and (d))
Existing law permits DOJ to require firearms dealers to
charge firearms purchasers specified fees for a number of
specified costs. (PEN Section 12076)
Existing law creates numerous exemptions from the
requirement (that sales, loans and transfers of firearms be
conducted through a dealer or local law enforcement agency)
transactions with authorized peace officers, certain
operation of law transactions, and intra-familial firearms
transactions. (PEN Section 12078)
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Existing law requires California residents who are
federally licensed curio and relic firearms collectors who
lawfully acquire a curio or relic handgun outside this
state to report the acquisition of that firearm to DOJ.
(PEN Section 12072(f)(3))
Existing law requires a person moving into California (with
a handgun acquired outside of California) who did not
receive the gun from a California licensed gun dealer, to
register the gun with DOJ by mailing a form. (PEN Section
12072(f)(2))
Existing law provides that handguns are centrally
registered at time of transfer, importation or sale. (PEN
Section 11106)
Existing law requires DOJ to compile the Prohibited Armed
Persons File to identify via registration records those
persons who are the registered owner of a firearm and
subsequently become ineligible to possess firearms and
creates a mechanism to disarm these persons. (PEN Sections
12010-12012)
Existing law requires each sheriff or police chief
executive to submit descriptions of serialized property, or
non-serialized property that has been uniquely inscribed,
which has been reported stolen, lost, found, recovered or
under observation, directly into the appropriate DOJ
automated property system for firearms, stolen bicycles,
stolen vehicles, or other property, as the case may be.
(PEN Section 11108(a))
Existing law states information about a lost or stolen
firearm entered into the automated system for firearms
shall remain in the system until the reported firearm has
been found, recovered, is no longer under observation, or
the record is determined to have been entered in error.
(PEN Section 11108(b))
Existing law provides that in addition to the requirements
of existing law that apply to a local law enforcement
agency's duty to report to DOJ the recovery of a firearm, a
police or sheriff's department shall, and any other law
enforcement agency or agent may, report to the department
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in a manner determined by the Attorney General (AG) in
consultation with the Bureau of Alcohol, Tobacco, Firearms
and Explosives (ATF) all available information necessary to
identify and trace the history of all recovered firearms
that are illegally possessed, have been used in a crime, or
are suspected of having been used in a crime. (PEN Section
11108.3(a))
Existing law states when DOJ receives information from a
local law enforcement agency pursuant to existing law, it
shall promptly forward this information to the National
Tracing Center of the federal Bureau of Alcohol, Tobacco,
Firearms and Explosives to the extent practicable. (PEN
Section 11108.3(b))
Existing law states that in order to assist in the
investigation of crime, the prosecution of civil actions by
city attorneys as specified, the arrest and prosecution of
criminals, and the recovery of lost, stolen, or found
property, the AG shall keep and properly file a complete
record of all copies of fingerprints, copies of licenses to
carry firearms, information reported to DOJ pursuant to PEN
Section 12053, dealers' records of sales of firearms,
specified reports, specified forms, and reports of stolen,
lost, found, pledged, or pawned property in any city or
county of California, and shall, upon proper application
therefore, furnish this information to the officers as
specified. (PEN Section 11106(a))
Existing law states that except as provided, the AG shall
not retain or compile any information from specified
reports for firearms that are not handguns, or from
dealers' records of sales for firearms that are not
handguns. All copies of the forms submitted, or any
information received in electronic form, for firearms that
are not handguns, or of the dealers' records of sales for
firearms that are not handguns shall be destroyed within
five days of the clearance by the AG unless the purchaser
or transferor is ineligible to take possession of the
firearm. All copies of the reports filed, or any
information received in electronic form for firearms that
are not handguns shall be destroyed within five days of the
receipt by the AG, unless retention is necessary for use in
a criminal prosecution. (PEN Section 11106(b)(1))
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Existing law provides that a peace officer, the AG, a DOJ
employee designated by the AG, or any authorized local law
enforcement employee shall not retain or compile any
information from a firearms transaction record for firearms
that are not handguns unless retention or compilation is
necessary for use in a criminal prosecution or in a
proceeding to revoke a license issued. (PEN Section
11106(b)(2)) A violation of this subdivision is a
misdemeanor. (PEN Section 11106(b)(3))
Existing law states that notwithstanding PEN Section 11106,
DOJ may retain personal information about an applicant in
connection with a claim for a firearm that is not a handgun
to allow for law enforcement confirmation of compliance
with this section. The information retained may include
personal identifying information regarding the individual
applying for the clearance, but may not include information
that identifies any particular firearm that is not a
handgun. (PEN Section 12021.3(h))
Existing law states that on or after January 1, 1998,
within 60 days of bringing a handgun into California, a
personal handgun importer shall do one of the following
(PEN Section 12072(f)(2)(A)):
1. Forward by prepaid mail or deliver in person to DOJ, a
report prescribed by DOJ, including information
concerning that individual and a description of the
firearm in question.
2. Sell or transfer the firearm in accordance with
specified provisions.
3. Sell or transfer the firearm to a licensed dealer.
4. Sell or transfer the firearm to a sheriff or police
department.
Existing law states that if the personal handgun importer
sells or transfers the handgun, as specified, and the sale
or transfer cannot be completed by the dealer to the
purchaser or transferee, and the firearm can be returned to
the personal handgun importer, the personal handgun
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importer shall have complied with the provisions of this
paragraph. (PEN Section 12072(f)(2)(B))
This bill applies to long guns and handguns those firearms
reporting and record retention requirements that currently
apply only to handguns.
This bill deletes the prohibition on peace officers, DOJ
employees, and the AG from retaining or compiling certain
information relating to transactions regarding firearms
that are not handguns, as specified. A violation of these
provisions under current law is a misdemeanor. The
deletion of this misdemeanor prohibition takes effect on
July 1, 2012.
This bill makes conforming changes to the code to reference
"firearms" in lieu of "handguns."
This bill is double-jointed with AB 1934 (Saldana) and SB
282 (Wright).
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: Yes
According to the Senate Appropriations Committee:
Fiscal Impact (in thousands)
Major Provisions 2010-11 2011-12
2012-13 Fund
CFIS system enhancements $395 Minor and
absorbable Special*
Retain new information $88 Minor and
absorbable Special*
Additional DROS transactions Significant
workload; fully funded by fees Special*
* Dealer Record of Sale (DROS) Fund
DOJ anticipates that this bill increases DROS applicant
storage by approximately 250,000 transactions per year. In
order to comply with this bill, DOJ needs to modify, test,
and implement enhancements to the DROS application in the
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Consolidated Firearms Information System (CFIS). Costs for
CFIS and DROS enhancements would be $395,000. The Bureau
of Firearms will also require that the California Handgun
Registration Information System (CHRIS) application be
enhanced to collect, process, and retain long gun details
and purchaser information. Costs for CHRIS enhancements
are estimated at $65,000. There will also be minor,
one-time storage costs.
SUPPORT : (Verified 8/22/10)
California Chapters of the Brady Campaign to Prevent Gun
Violence (co-source)
Legal Community Against Violence (co-source)
Brady Campaign Chapters of Contra Costa, Long Beach, Los
Angeles, Nevada County, Oakland/Alameda County, Orange
County, Sacramento Valley, San Fernando Valley, San
Francisco, Sonoma County, Ventura County, and West Contra
Costa
Chiefs of Police for the Cities of Chico, Davis,
Emeryville, Fairfield, Fresno, Glendora, Healdsburg,
Orinda, Oxnard, Pinole, Pleasant Hill, Richmond, Santa
Ana, Seal Beach, Stockton, Ventura, and West Sacramento
City of Santa Barbara Police Department
Friends Committee on Legislation of California
Interfaith Council of Contra Costa County
Los Angeles County Sheriff
Santa Barbara Coalition Against Gun Violence
Taxpayers for Improving Public Safety
Twin Cities Police Authority
Violence Prevention Coalitions of Orange County and
Greater Los Angeles
Women Against Gun Violence
Youth Alive
OPPOSITION : (Verified 8/22/10)
California Association of Firearms Retailers
California Outdoor Heritage Alliance
California Rifle and Pistol Association
California Sportsman's Lobby
Crossroads of the West Gun Shows
Gun Owners of California
National Rifle Association
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National Shooting Sports Foundation
Outdoor Sportsman's Coalition of California
Phoenix Uniforms
Safari Club International
Sheriffs for the Counties of Kern, Mariposa, Mendocino,
Mono, Nevada, Placer, Riverside, San Bernardino, Solano,
Stanislaus, Tehama, and Tuolumne
ARGUMENTS IN SUPPORT : The Sheriff of Los Angeles states:
"Under current law, only handgun purchase and transfer
records are retained by the Department of Justice (DOJ)
and entered into the Automated Firearms System (AFS).
Handgun records are an important tool for law enforcement
to trace crime guns, identify and disarm hundreds of
convicted felons, and return stolen handguns to their
rightful owners.
"Assembly Bill 1810 would close this loophole in state
law by removing existing exceptions that require the
destruction of long gun sales and transfer records and
require all firearms, including long guns, are input into
AFS. This bill would require the preservation of records
for long guns sold or transferred after July 1, 2012.
Data from the California Department of Justice shows that
more than half the guns recovered from armed and
prohibited persons are long guns.
"This bill would also increase the safety of law
enforcement by providing better information regarding the
guns we may face. An officer responding to a call or
serving a domestic violence warrant could access the AFS
database and be forewarned of the likelihood of
encountering both handguns and long guns. Many long guns
put officers at greater risk because of their fire power
and ability to shoot through protective vests. Moreover,
even a poorly aimed shotgun could greatly injure a law
enforcement officer or anyone else."
ARGUMENTS IN OPPOSITION : The Sheriff of Kern County
states:
"I believe there are currently enough firearms laws in
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place and this legislation will not help reduce crime,
and will increase administrative costs.
"The fact is that criminals do not register illegally
possessed firearms. Therefore, this legislation will
only increase the red tape burden of shotgun and rifle
ownership on law-abiding taxpayers.
"This legislation will increase mandatory procedures and
costs for the small business owner, the licensed firearms
dealers throughout the state who are already overburdened
with federal and state licensing, record keeping,
reporting and inspection requirements. Also, in terms of
costs, the added burden to the criminal justice system
cannot be overlooked. The expense of implementing this
legislation, from maintaining database records to the
investigation, arrest and prosecution of new criminals
created through this law, will be astronomical when
integrated with [the] current fiscal crisis at hand."
ASSEMBLY FLOOR :
AYES: Ammiano, Arambula, Bass, Blumenfield, Bradford,
Brownley, Buchanan, Charles Calderon, Carter, Coto,
Davis, De La Torre, De Leon, Eng, Evans, Feuer, Fong,
Fuentes, Furutani, Hall, Hayashi, Hernandez, Hill,
Huffman, Jones, Lieu, Bonnie Lowenthal, Ma, Mendoza,
Monning, Nava, Portantino, Ruskin, Saldana, Skinner,
Solorio, Swanson, Torlakson, Torres, Torrico, Yamada,
John A. Perez
NOES: Adams, Anderson, Bill Berryhill, Blakeslee,
Caballero, Conway, Cook, DeVore, Emmerson, Fletcher,
Fuller, Gaines, Garrick, Gilmore, Hagman, Harkey, Huber,
Jeffries, Knight, Logue, Miller, Nestande, Niello,
Nielsen, Norby, Silva, Smyth, Tran, Villines
NO VOTE RECORDED: Beall, Tom Berryhill, Block, Chesbro,
Galgiani, V. Manuel Perez, Salas, Audra Strickland,
Vacancy
RJG:mw 8/22/10 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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