BILL ANALYSIS �
AB 1559
Page 1
CONCURRENCE IN SENATE AMENDMENTS
AB 1559 (Portantino)
As Amended June 15, 2012
Majority vote
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|ASSEMBLY: |72-0 |(May 3, 2012) |SENATE: |34-0 |(August 22, |
| | | | | |2012) |
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Original Committee Reference: PUB. S.
SUMMARY : Allows for the importation of short-barreled rifles
and short-barreled shotguns for use as a prop for a motion
picture, television, or video production or entertainment event
when the Department of Justice (DOJ) issues a permit finding
good cause as it currently does for the manufacture, possession,
transportation, or sale of short-barreled weapons. Also adjusts
the payment of fees for purchase and possession of specified
firearms.
The Senate amendments provide that until January 1, 2014, only
one fee shall be charged for a single transaction on the same
date for the sale of specified firearms that are not handguns,
and provide that beginning January 1, 2014, that only one fee
shall be charged for a single transaction on the same date for
the taking title or possession of any number of firearms
including handguns.
EXISTING LAW :
1)States that upon a showing that good cause exists for issuance
of a permit to the applicant, and if the DOJ finds that
issuance of the permit does not endanger the public safety,
DOJ may issue a permit for the manufacture, possession,
transportation, or sale of short-barreled rifles or
short-barreled shotguns. The permit shall be initially valid
for a period of one year, and renewable annually thereafter.
No permit shall be issued to a person who is under 18 years of
age.
2)Specifies "good cause," for the purposes of this section,
shall be limited to only the following:
a) The permit is sought for the manufacture, possession, or
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use with blank cartridges of a short-barreled rifle or
short-barreled shotgun, solely as a prop for a motion
picture, television, or video production or entertainment
event.
b) The permit is sought for the manufacture of, exposing
for sale, keeping for sale, sale of, importation or lending
of short-barreled rifles or short-barreled shotguns to the
entities by persons who are licensed as dealers or
manufacturers under the specified provisions of the United
States Code, as amended, and the regulations issued
pursuant thereto.
AS PASSED BY THE ASSEMBLY , this bill allowed for the importation
of short-barreled rifles and short-barreled shotguns for use as
a prop for a motion picture, television, or video production or
entertainment event when DOJ issues a permit finding good cause
as it currently does for the manufacture, possession,
transportation, or sale of short-barreled weapons.
FISCAL EFFECT : According to the Senate Appropriations
Committee:
1)No fiscal impact to the DOJ associated with the clarification
of existing law with regard to the issuance of permits by the
DOJ.
2)Ongoing reduced revenue potentially in excess of $50,000 to
the Dealer Record of Sale (DROS) Account (Special Fund) due to
the deletion of DOJ authority under existing law to charge a
reduced fee for multiple handgun purchases in a single
transaction.
3)Ongoing foregone revenue potentially in excess of $600,000 to
the DROS Account (Special Fund) after January 1, 2014, due to
the restriction to only one fee charged per firearms
transaction, regardless of the number of firearms involved in
the transaction.
COMMENTS : According to the author, "This measure is needed by
the entertainment industry to ensure that they do not run into
trouble with the labyrinth of laws the regulate gun ownership
and gun possession in California. This measure will allow film
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and television production companies the ability to legally
import firearms for us in their activities. We have been working
with the Department of Justice and will continue to do so to
make sure that safe and responsible gun laws are enacted in
California."
Please see the policy committee analysis for a full discussion
of this bill.
Analysis Prepared by : Gabriel Caswell / PUB. S. / (916)
319-3744
FN: 0005147