BILL ANALYSIS �
Senate Appropriations Committee Fiscal Summary
Senator Christine Kehoe, Chair
AB 809 (Feuer)
Hearing Date: 07/11/2011 Amended: 06/14/2011
Consultant: Jolie Onodera Policy Vote: Public Safety 5-1
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BILL SUMMARY: AB 809 would, effective January 1, 2013, apply to
both long guns and handguns those firearms reporting and record
retention requirements that currently apply only to handguns.
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Fiscal Impact (in thousands)
Major Provisions 2011-12 2012-13 2013-14 Fund
CFIS, DROS, CHRIS $465 in development and software costs;
Special*
enhancements $300 for DOJ staffing through 2012-13
Retain new information $0 $50 $0 Special*
Additional DROS Significant workload; fully
funded by fees Special*
transactions
Expanded misdemeanors Unknown; non-reimbursable local lawLocal
enforcement and incarceration costs
offset to a degree by fine revenue
Increased confiscation of Unknown; potential state
incarceration General
firearms costs as well as potentially significant
future cost savings in avoided
prosecution
and extended incarceration
*Dealer Record of Sale (DROS) Special Account
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STAFF COMMENTS: This bill meets the criteria for referral to the
Suspense File.
AB 809 (Feuer)
Page 1
State law contains numerous provisions governing the sale, loan,
and transfer of all firearms in the state. Certain provisions
apply to all firearms, while others apply only to handguns. This
bill would apply the reporting and record retention requirements
currently in effect for handguns to long guns as well. Increased
workload and one-time operations and equipment costs to the
Department of Justice (DOJ) would be incurred to implement these
provisions. Costs would be paid from the DROS Account, and would
likely be fully recovered by fees in the future, but the
immediate system enhancement costs are unlikely to be recovered
in the same fiscal year.
Existing law requires that persons who sell, lease, or transfer
firearms be licensed by California, and 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. State law also requires 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.
Existing law provides that handguns are centrally registered
with DOJ as part of the purchase or transfer process.
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. DOJ is also currently required to keep and
properly file a complete record of all copies of fingerprints,
copies of licenses to carry firearms, information reported to
DOJ pursuant to Penal Code 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.
Existing law states that except as provided, the Attorney
General (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
AB 809 (Feuer)
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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. Existing law further provides that law
enforcement officials (including DOJ employees) 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. A violation of this
subdivision is a misdemeanor.
AB 809 specifically applies to long guns those firearms
reporting and record retention requirements that currently apply
only to handguns. It also 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. The deletion of this
misdemeanor prohibition would take effect on January 1, 2013.
DOJ anticipates that AB 809 would increase DROS applicant
storage by approximately 250,000 transactions per year. In order
to comply with the January 1, 2013, implementation date required
under the bill, the DOJ would need additional staff effective
January 1, 2012, to modify, test, and implement the required
enhancements to the DROS application in the Consolidated
Firearms Information System (CFIS). The Bureau of Firearms would
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 development of the CFIS, DROS, and CHRIS enhancements
and additional software are estimated at $465,000. There will
also be minor, one-time storage costs. The Bureau of Firearms
will also incur approximately $50,000 to have the current DROS
system modified to capture and retain information on firearms
that are not handguns. Staff notes amending the bill to delay
implementation may reduce the costs associated with staffing
needs currently identified by the DOJ.
This bill would also expand existing reporting requirements on
personal firearm importers and dealers that currently apply only
to handguns. Specifically, this bill would expand existing
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reporting requirements relative to bringing a firearm into the
state to apply to the importation of all firearms, and would
require firearms dealers to keep a register or record of
electronic or telephonic transfers of information pertaining to
all firearms transactions, as specified. By expanding these
provisions, the violation of which is a misdemeanor, this bill
will result in non-reimbursable local law enforcement and
incarceration costs, offset to a degree by fine revenue. The
bill would further prohibit a personal firearm importer from
importing a firearm that is a .50 BMG rifle or a destructive
device.
Under Penal Code section 29800, any person who has been
convicted of a felony, specified misdemeanors, or who is
addicted to the use of any narcotic drug, and who owns,
purchases, receives, or has in possession or under custody or
control any firearm is guilty of a felony. To the extent the
additional reporting and records retention of firearms required
under the provisions of this bill results in the increased
identification and confiscation of firearms, additional state
incarceration costs may be incurred. However, to the extent the
increased confiscation of unlawfully possessed firearms could
result in the prevention of future crimes, potentially
significant future cost savings associated with avoided
prosecution and extended incarceration could result.
Prior Legislation. AB 1810 (Feuer) 2010 was substantially
similar to this measure and failed passage on the Senate floor.