BILL ANALYSIS
------------------------------------------------------------
|SENATE RULES COMMITTEE | SB 175|
|Office of Senate Floor Analyses | |
|1020 N Street, Suite 524 | |
|(916) 651-1520 Fax: (916) | |
|327-4478 | |
------------------------------------------------------------
THIRD READING
Bill No: SB 175
Author: Aanestad (R)
Amended: 5/13/09
Vote: 21
SENATE PUBLIC SAFETY COMMITTEE : 7-0, 4/28/09
AYES: Leno, Benoit, Cedillo, Hancock, Huff, Steinberg,
Wright
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
SUBJECT : Firearms
SOURCE : Pete Mazur Restoration
DIGEST : This bill: (1) clarifies that delivery of a
firearm to a gunsmith for service or repair is exempted
from the California Federal Firearms License (CFFL)
licensing verification requirements, as specified; (2)
eliminates the existing exemption from the FFL licensing
verification requirements transfers of short-barreled
rifles, short-barreled shotguns, shotguns, machineguns and
assault weapons, as defined; (3) exempts from the CFFL
licensing verification requirements transfers of firearms
where the transferor and the transferee are the same person
or corporation; and (4) exempts from the CFFL licensing
verification requirements transfers of firearms to or from
a person who has a valid entertainment firearms permit, and
the transfer involves the loan or return of firearms used
solely as props in television, film, or theatrical
CONTINUED
SB 175
Page
2
productions.
ANALYSIS : Existing federal law:
1.Requires that firearms manufacturers, wholesalers and
dealers possess a Federal Firearms License (FFL) issued
by the Secretary of the Treasury. (Title 18 U.S.C.
923.)
2.Generally requires that before an FFL holder can ship or
deliver a firearm to an out-of-state or in-state source,
the recipient be an FFL holder as well. (18 U.S.C.
922.)
Existing California law:
1. Defines a "gunsmith" as any person who is licensed as a
dealer pursuant to Chapter 44 (commencing with Section
921) of Title 18 of the United States Code and the
regulations issued pursuant thereto, who is engaged
primarily in the business of repairing firearms, or
making or fitting special barrels, stocks, or trigger
mechanisms to firearms, or the agent or employee of that
person. (Penal Code 12001(r).)
2. Requires that persons who sell, lease, or transfer
firearms be licensed by California. (Penal Code
12070 and 12071.)
3. Sets forth a series of requirements to be state licensed
by Department of Justice (DOJ), which provides that to
be recognized as state licensed, a person must be on a
centralized list of firearms dealers (CLFD) and allows
access to the centralized list by authorized persons for
various reasons. (Penal Code 12071.)
4. Authorizes DOJ to charge a fee up to $115 to be on the
centralized list and allows these funds to be used to
finance DOJ compliance efforts. (Penal Code
12071(f).)
5. Provides that revocation of a license will result where
a person fails to comply with numerous requirements,
including conducting background checks prior to delivery
SB 175
Page
3
of firearms, assisting in the registration of handguns,
processing private-party firearms transactions, keeping
extensive records and submitting the same to DOJ, and
making those records available for law enforcement
inspection. (Penal Code 12071, 12072 and 12082.)
6. Exempts certain persons including, but not limited to,
law enforcement, beneficiaries of an inheritance, and
those who are loaned a firearm, as specified, from the
state dealer licensing requirements. (Penal Code
12070(b).)
7. 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. (Penal Code
12072(d).)
8. 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. (Penal Code 12071 and 12072.)
9. Provides exemptions for commercial-wholesale
transactions from the rules on the sales of firearms and
the waiting period.
10.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 DOJ. (Penal Code 12072(f)(2).)
11.Authorizes the DOJ, commencing January 1, 2008, to keep
a centralized list of persons who identify themselves as
being an FFL holder with a DOJ exemption from the
firearms dealer licensing requirements, as specified.
This list is known as the centralized list of exempt
FFLs (CLEFFLs). (Penal Code 12083(a).)
12.States in order to qualify for placement on the CLEFFL,
an applicant must do all of the following:
A. Possess a valid FFL as a dealer, importer
or manufacturer;
SB 175
Page
4
B. Possess a current, valid certificate of
eligibility, as specified; and,
C. Maintain with the DOJ a signed
declaration enumerating the applicant's statutory
exemption from the licensing requirements. Any
person who furnishes false information is guilty
of a misdemeanor. (Penal Code 12083(a).)
13.Provides the DOJ, commencing January 1, 2008, shall
assess an annual fee of $115 from FFL holders who wish
to be on the CLEFFL to cover the costs of maintaining
the CLEFFL and the cost of maintaining the firearm
shipment verification number, as specified. The DOJ may
increase the fee at a rate not to exceed the increase in
the California Consumer Price Index.
14.Provides that, with respect to transfers from any FFL
holder to a California FFL holder: commencing July 1,
2008, a person who is an FFL holder may not deliver,
sell, or transfer a firearm to another FFL holder in
California unless, prior to delivery, the person
intending to deliver, sell, or transfer the firearm
obtains a verification number via the Internet for the
intended delivery, sale, or transfer, from the
department. This shall not apply to the delivery, sale,
or transfer of a short-barreled rifle, or short-barreled
shotgun, as defined in Section 12020, or to a machinegun
as defined in Section 12200, or to an assault weapon as
defined in Sections 12276, 12276.1, and 12276.5. (Penal
Code 12072(f)(1)(A).)
15.For every identification number request received
pursuant to this section, the department shall determine
whether the intended recipient is on either:
A. The centralized list of firearms dealers
(CLFD) (Penal Code 12071);
B. The centralized list of exempted federal
firearms licensees (CLEFFL) (Penal Code
12083(a)); or
C. The centralized list of firearms
manufacturers (CLFM), (Penal Code 12086(f).).
SB 175
Page
5
(Penal Code 12072(f)(1)(B).)
16.If the department finds that the intended recipient is
on one of these lists, the department shall issue to the
inquiring party, a unique identification number for the
intended delivery, sale, or transfer. In addition to
the unique verification number, the department may
provide to the inquiring party information necessary for
determining the eligibility of the intended recipient to
receive the firearm. The person intending to deliver,
sell, or transfer the firearm shall provide the unique
verification number to the recipient along with the
firearm upon delivery, in a manner to be determined by
the department. (Penal Code 12072(f)(1)(C).)
17.If the department finds that the intended recipient is
not on one of these lists, the department shall notify
the inquiring party that the intended recipient is
ineligible to receive the firearm. (Penal Code
12072(f)(1)(D).)
18.The department shall prescribe the manner in which the
verification numbers may be requested via the Internet,
or by alternate means of communication, such as by
facsimile or telephone, including all required
enrollment information and procedures. (Penal Code
12072(f)(1)(E).)
19.Prohibits federal firearms dealers from importing or
receiving firearms from any source unless listed on the
CLEFFL, the CLFD or the CLFM. Doing so constitutes a
misdemeanor.
20.Defines "wholesaler" and allows a wholesaler to engage
in various commercial activities without having his or
her activities subject to state dealer licensing and
dealer requirements. (Penal Code 12001, 12070,
12073, and 12078.)
21.Allows a gunsmith to engage in various commercial
activities relating to servicing and repairing firearms
without having his or her activities subject to state
dealer licensing or "through dealer" processing. (Penal
Code 12073 and 12078.)
SB 175
Page
6
This bill clarifies that delivery of a firearm to a
gunsmith for service or repair is exempted from the FFL
licensing verification requirements described above.
This bill eliminates the exemption for transfers of
short-barreled rifles, short-barreled shotguns, shotguns,
machineguns and assault weapons, as defined from the FFL
licensing verification requirements described above. As
such, these transactions will now be verified for their
legality under current California law.
This bill exempts transfers of firearms where the
transferor and the transferee are the same person or
corporation from the FFL licensing verification
requirements described above.
This bill exempts transfers of firearms to or from a person
who has a valid entertainment firearms permit and the
transfer involves the loan or return of firearms used
solely as props in television, film, or theatrical
productions from the FFL licensing verification
requirements described above.
Prior Legislation
AB 482 (Peace), Chapter 23, Statutes of 1994
AB 2080 (Steinberg), Chapter 909, Statutes of 2002
AB 2521 (Jones), Chapter 784, Statutes of 2006
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
SUPPORT : (Verified 5/20/09)
Pete Mazur Restoration (Source)
California Association of Firearms Retailers
California Rifle and Pistol Association
Department of Justice
National Shooting Sports Foundation
ARGUMENTS IN SUPPORT : According to the author's office:
SB 175
Page
7
SB 175 is one of three bills making several technical
changes to improve and make more efficient the firearm
verification-transaction systems in California,
created by AB 2521 in 2006.
This bill addresses a number of problems associated
with the program's implementation.
SB 175 first and foremost addresses a 'gunsmith' issue
by assuring that gunsmiths can go on the state's
centralized verification list so that they can
continue to conduct business in California. The bill
creates a fast track means of verification while
ensuring their records remain subject to DOJ
inspection.
In addition, the legislation contains other provisions
that improve the program - all of which were
recommended by the Attorney General's office. One of
the major provisions is that the legislation will
assure that shipments of restricted weapons such as
machineguns, assault weapons, .50 BMG rifles, short
barreled rifles and shotguns, and firearms that are
destructive devices will be verified. At the time
California enacted this Federal Firearms Licensee
verification program, it inadvertently exempted from
the verification requirements the delivery, sale, or
transfer of short-barreled rifles, or short-barreled
shotguns, machineguns, and assault weapons.
In the Appropriations Committee, the bill was amended
to remove, at the Department of Justice's request,
language on how restricted weapons shipments would be
specifically verified, leaving the mechanics of that
process to the Department. Current law's exemption
from verification of these weapons is still being
repealed in SB 175 so verification will occur - but it
will be up to DOJ to develop an internal procedure to
do this.
RJG:nl 5/20/09 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
SB 175
Page
8
**** END ****