BILL ANALYSIS                                                                                                                                                                                                    



                                                                  SB 449
                                                                  Page  1

          Date of Hearing:   August 19, 2009

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                Kevin De Leon, Chair

                    SB 449 (Padilla) - As Amended:  June 23, 2209 

          Policy Committee:                              Public  
          SafetyVote:  6-0

          Urgency:     No                   State Mandated Local Program:  
          Yes    Reimbursable:              No

           SUMMARY  

          This bill, effective July 1, 2010, requires secondhand dealers  
          (generally pawnbrokers) to report gun transactions directly to  
          the Department of Justice (DOJ) rather than 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 gun purchased, taken in trade, taken in  
            pawn, or accepted for sale or auctioning. 

          2)Requires secondhand dealers to retain a copy of the report  
            forwarded to DOJ and make it available for inspection, by the  
            DOJ, any peace officer, or any local law enforcement employee  
            authorized to inspect gun transaction records. 

          3)Makes numerous conforming cross-references. 

           FISCAL EFFECT  

          Minor absorbable costs to DOJ to administer changes to the  
          Automated Firearms System.

           COMMENTS  

           Rationale  . Proponents, generally law enforcement agencies,  
          contend this change will increase reporting accuracy as well as  
          relieving local law enforcement of a time-consuming and often  
          inefficient middleman process. 

          According to the author, "Currently, secondhand dealers and  








                                                                  SB 449
                                                                  Page  2

          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."  
           

           Analysis Prepared by  :    Geoff Long / APPR. / (916) 319-2081