BILL ANALYSIS
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|SENATE RULES COMMITTEE | SB 175|
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UNFINISHED BUSINESS
Bill No: SB 175
Author: Aanestad (R)
Amended: 8/24/09
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
SENATE FLOOR : 39-0, 5/26/09 (Consent)
AYES: Aanestad, Alquist, Ashburn, Benoit, Calderon,
Cedillo, Cogdill, Corbett, Correa, Cox, Denham,
DeSaulnier, Ducheny, Dutton, Florez, Hancock, Harman,
Hollingsworth, Huff, Kehoe, Leno, Liu, Lowenthal,
Maldonado, Negrete McLeod, Oropeza, Padilla, Pavley,
Romero, Runner, Simitian, Steinberg, Strickland, Walters,
Wiggins, Wolk, Wright, Wyland, Yee
ASSEMBLY FLOOR : 74-0, 08/27/09 (Consent) - See last page
for vote
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)
CONTINUED
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licensing verification requirements, as specified; (2)
clarifies that delivery of a firearm by a gunsmith to
another federal firearms licensee for service or repair and
the return (warranty work) is exempted from the CFFL
licensing verification requirements, as specified;(3)
clarifies the interaction between various Department of
Justice licensing programs; (4) 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; (5) exempts from the CFFL licensing verification
requirements transfers of firearms where the transferor and
the transferee are the same person or corporation; and (6)
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 productions.
Assembly Amendments : (1) delete references in Penal Code
Section 12083 to a federal licensing category that does not
exist, (2) clarifies the interaction of licensing
requirements for various categories of firearms licensees
licensed by the Department of Justice to avoid duplicative
licensing requirements, (3) clarifies that specialized
Department of Justice (DOJ) licenses can be on the
centralized list to assure that shipments of restricted
weapons to them are subject to verification, (4) clarifies
that persons possessing specified DOJ firearms permits who
are on the centralized list are not subject to dual fee
assessments, (5) adds to the list of exempted entities from
the purchase of one handgun with any 30 day period,
community colleges that are certified by the Commission of
Peace Officer Standards and Training to present the law
enforcement academy basic course or other
commission-certified law enforcement training, (6)
incorporates into the bill the amendments made to Penal
Code 12072 made by AB 1286 (Huber), Chapter 144, Statutes
of 2009, and (7) inserts chaptering amendments to Penal
Code Section 12078 to avoid chaptering out SB 41
(Lowenthal).
ANALYSIS : Existing federal law:
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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 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 of firearms, assisting in the
registration of handguns, processing private-party
firearms transactions, keeping extensive records and
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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;
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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 CLFD (Penal Code 12071);
B. The CLEFFL (Penal Code 12083(a)); or
C. The centralized list of firearms
manufacturers (CLFM), (Penal Code 12086(f).).
(Penal Code 12072(f)(1)(B).)
16. If the department finds that the intended recipient
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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.)
This bill clarifies that delivery of a firearm to a
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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.
Existing law provides that no person shall make an
application to purchase more than one handgun within any
30-day period. Existing law also exempts various entities
from this restriction.
This bill adds to the list of exempted entities 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.
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 8/27/09)
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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 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
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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.
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, Feuer, Fletcher, Fong,
Fuller, Furutani, Gaines, Galgiani, Garrick, Gilmore,
Hagman, Harkey, Hayashi, Hernandez, Hill, Huber, Huffman,
Jeffries, Jones, Knight, Krekorian, Lieu, Logue, Bonnie
Lowenthal, Ma, Mendoza, Miller, Monning, Nava, Nestande,
Niello, Nielsen, John A. Perez, V. Manuel Perez,
Portantino, Ruskin, Salas, Silva, Skinner, Smyth,
Solorio, Audra Strickland, Swanson, Torlakson, Torres,
Torrico, Tran, Villines, Yamada
NO VOTE RECORDED: Evans, Fuentes, Hall, Saldana, Bass
RJG:nl 8/28/09 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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