BILL ANALYSIS
SB 449
Page 1
Date of Hearing: June 16, 2009
Chief Counsel Gregory Pagan
ASSEMBLY COMMITTEE ON PUBLIC SAFETY
Juan Arambula, Chair
SB 449 (Padilla) - As Amended: June 4, 2009
As Proposed to be Amended in Committee
SUMMARY : Requires secondhand dealers to directly report
firearms transactions to the Department of Justice (DOJ) instead
of to local law enforcement. Specifically, this bill
1)Requires secondhand dealers, in a format proscribed by the
DOJ, and on the day of the transaction, to electronically
report to the DOJ each firearm purchased, taken in trade,
taken in pawn, accepted for sale on consignment, or accepted
for auctioning.
2)Requires the secondhand dealer to retain a copy of the report
forwarded to the DOJ and to make it available for inspection,
by the DOJ, any peace officer, or any local law enforcement
employee authorized to inspect firearms transaction records.
3)Authorizes DOJ to retain second dealer reports for the purpose
of determining whether the firearm had been reported lost or
stolen, and requires DOJ to notify the appropriate law
enforcement agency or agencies if it is determined that a
firearm is in fact lost or stolen.
4)Provides that all information in the secondhand dealer report,
for each firearm acquired, shall be electronically provided by
the DOJ to the secure mailbox of the local law enforcement
agency in the jurisdiction where the secondhand dealer is
located within one working day of receipt by the DOJ.
5)Makes numerous conforming cross-references.
6)Delays implementation until July 1, 2010
EXISTING LAW :
1)Requires a secondhand dealer or pawn broker to electronically
SB 449
Page 2
report daily, on forms approved or provided by the DOJ, all
tangible personal property that he or she has purchased,
taken in trade, taken in pawn, accepted on consignment, or
accepted for auctioning to the sheriff or chief of police The
report shall include the following information:
a) The name and current address and identification of the
intended seller or pledgor of the property.
b) A complete and reasonably accurate description of
serialized or non-serialized property.
c) A certification by the intended seller or pledgor that
he or she is the owner of the property, or has the
authority of the owner to sell or pledge the property and
that any information provided is true and complete.
d) A legible fingerprint taken from the intended seller or
pledgor. [Business and Professions Code (BPC) Section
21628.]
2)Defines a "secondhand" dealer as any person whose business
includes buying, selling, taking in trade, taking in pawn,
taking in consignment, accepting for auction or auctioning
secondhand tangible personal property and requires that the
secondhand dealer be licensed. [BPC Sections 21626(a) and
21640.]
3)Defines a "pawnbroker" as a person in the business of
receiving goods in pledge for security for a loan. (Financial
Code Section 21000.)
4)Requires every secondhand dealer to retain in his or her
possession for a period of 30 days all tangible personal
property subject to reporting, and to produce the property for
inspection by any peace officer or employee designated by the
chief of police. (BPC Section 21636.)
5)Provides that effective January 1, 2003, the purchaser of a
firearm shall provide his or her right to thumbprint as part
of the Dealers' Record of Sale (DROS) form in a manner
prescribed by the California DOJ. No exception to this
requirement shall be permitted except by regulations adopted
by DOJ. [Penal Code Section 12077(b)(2) and (c)(2).]
SB 449
Page 3
6)Provides the original register of firearm sales shall be
retained by the dealer in consecutive order. Each book of 50
originals shall become the permanent register and retained for
not less than three years from the date of the last
transaction and shall be available for the inspection of any
peace officer; DOJ employee designated by the Attorney General
(AG); or agent of the Federal Bureau of Alcohol, Tobacco, and
Firearms upon the presentation of proper identification, but
no information shall be compiled there from regarding the
purchasers or other transferees of firearms that are not
pistols, revolvers, or other firearms capable of being
concealed upon the person. [Penal Code Section 12076(a)(2).]
7)Provides that in order to assist in the investigation of a
crime, the prosecution of civil actions by city attorneys, as
specified, the arrest and prosecution of criminals, and the
recover of lost, stole, or found property, the AG shall keep
and properly file a complete record of all copies of
fingerprints, copies of licenses to carry firearms, as
specified, dealers' records of sales of firearms, and reports
of stolen, lost, found, pledge, or pawned property in any city
or county of this state, and shall, upon proper application
therefore, furnish this information to the officers referred
to in Penal Code Section 11105. [Penal Code Section
11106(a).]
8)Proves that the AG shall not, with specified exceptions,
retain or compile any information regarding firearms that are
not handguns. All copies of the forms submitted, or any
information received in electronic form 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 or retention is
necessary for use in a criminal prosecution. [Penal Code
Section 11106(b)(1).]
9)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, as defined, 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 pursuant to Penal Code Section 12071. [Penal
Code Section 11106(b)(2).]
SB 449
Page 4
FISCAL EFFECT : Unknown
COMMENTS :
1)Author's Statement : According to the author, "Currently,
secondhand dealers and pawnbrokers are exempt from reporting
firearms acquisitions directly to the DOJ. Instead,
pawnbrokers and secondhand dealers fill out a form from the
DOJ, which details the receipt or purchase of property, which
they send to local law enforcement agencies. In theory, local
agencies log in the information they receive. In reality, the
DOJ has found that due to limited resources, many local law
enforcement agencies are unable to enter the firearms
information into the DOJ's Automated Firearms System. As a
result, inaccurate owner information sometimes appears in the
system. This bill would require that secondhand dealers and
pawnbrokers report the acquisition of firearms directly to the
DOJ."
2)Arguments in Support :
a) According to the California State Sheriffs' Association ,
"Under current law, secondhand dealers and pawnbrokers are
required to report daily to their local law enforcement
agency every piece of personal property, including
firearms, that they acquire or trade. In turn, local law
enforcement sends this information for DOJ's Automated
Firearms System (AFS) via the California Law Enforcement
Telecommunications System (CLETS). However, this places a
costly and timely burden on local law enforcement agencies
to report all firearms acquisitions by secondhand dealers
to DOJ.
2
"SB 449 removes the requirement that the secondhand dealers
report acquisition of firearms to local law enforcement on
a daily basis and instead require that reporting go
directly to DOJ. This bill removes local law enforcement
from the process in order to expedite the transfer of
information and facilitate a more comprehensive repository
of firearms information."
b) According to the San Francisco District Attorney's
Office , "This is an important measure for public safety in
California. All too often, legal guns are lost, stole,
sold illegally, or given to inappropriate users who end up
SB 449
Page 5
using those weapons in crimes against others. Tracing gun
ownership is an important law enforcement mechanism for
identifying crime guns and gun offenders. Without
accurate, accessible information on when and where guns are
bought, sold, or traded, and by whom, it is extremely
difficult to track down illegal guns, hold offenders
accountable, and keeps those guns out of the wrong hands.
"This bill establishes a more direct, uniform, and efficient
way of tracing guns acquired by second hand dealers and
pawn shops. Rather than require those dealers to report to
local law enforcement, who then report to the DOJ, it is
faster and easier to simply have those dealers report
directly to the DOJ. This streamlines the process and
enhances the reliability and accuracy of California's
statewide database."
REGISTERED SUPPORT / OPPOSITION :
Support
Association for Los Angeles Deputy Sheriffs
California Chapter of the Brady Campaign
California Peace Officers' Association
California Police Chiefs Association
California State Sheriffs Association
City Attorney, City and County of San Francisco
City Attorney, City of Los Angeles
District Attorney, City and County of San Francisco
District Attorney, County of Los Angeles
Legal Community Against Violence
Los Angeles Police Protective League
Peace Officers Research Association of California
Riverside Sheriff's Association
Women Against Gun Violence
Opposition
None
Analysis Prepared by : Gregory Pagan / PUB. S. / (916)
319-3744