THIRD READING  

Bill No: AJR 5

Author: Jones-Sawyer (D), et al.

Introduced: 1/31/19

Vote: 21

SENATE PUBLIC SAFETY COMMITTEE: 5-2, 6/11/19

AYES: Skinner, Bradford, Jackson, Mitchell, Wiener

NOES: Moorlach, Morrell

ASSEMBLY FLOOR: 54-21, 3/18/19 - See last page for vote

SUBJECT: Firearm safety

SOURCE: Author

DIGEST:

This resolution urges the United States Federal Government to use California as an example of responsible firearm laws and to urge the passage of legislation that would provide universal firearm safety regulation throughout the nation.

ANALYSIS:

Existing federal law:

1. Prohibits any person from “engaging in the business” of dealing in firearms or ammunition in interstate or foreign commerce without a license. (18 U.S.C. § 922 (a)(1).)
2. Prohibits any licensed importer, dealer, manufacturer or collector from transporting in interstate or foreign commerce any firearm to any person other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector, with specified exceptions. (18 U.S.C. § 922 subd. (a)(2).)
3. Requires a licensed importer, licensed manufacturer, or licensed dealer in firearms to conduct a background check using the National Instant Criminal Background Check System (NICS) prior to transferring a firearm to an unlicensed individual. (U.S.C. § 922 (t).)
4. Defines the term “dealer” as:
   1. Any person “engaged in the business” of selling firearms at wholesale or retail;
   2. Any person engaged in the business of repairing firearms or of making or fitting special barrels, stocks, or trigger mechanisms to firearms; or,
   3. Any person who is a pawnbroker. (18 U.S.C. § 921 (a)(11).)
5. Defines “engaged in the business” of dealing firearms as a person who devotes time, attention, and labor to dealing in firearms as a regular course of trade or business with the principal objective of livelihood and profit through the repetitive purchase and resale of firearms, but such term shall not include a person who makes occasional sales, exchanges, or purchases of firearms for the enhancement of a personal collection or for a hobby, or who sells all or part of his personal collection of firearms. (18 U.S.C. § 921 (a)(21)(C).)
6. Prohibits the following person from receiving or possessing firearms:
   1. A person convicted in any court of a crime punishable by imprisonment for a term exceeding one year;
   2. A fugitive of justice;
   3. A person who is an unlawful user of, or addicted to any controlled substance;
   4. A person who has been adjudicated as a mental defective or has been committed to any mental institution;
   5. A person who is “an illegal alien;”
   6. A person who has been discharged from the Armed Forces under dishonorable conditions;
   7. A person who has renounced his or her United States citizenship;
   8. A person who is subject to a court order restraining the person from harassing, stalking, or threatening an intimate partner or child of the intimate partner; and
   9. A person who has been convicted of a misdemeanor crime of domestic violence. (18 U.S.C. § 922(g)(1).)

Existing state law:

1. Prohibits private party transfers of firearms without conducting a transfer through a licensed firearms dealer. (Pen. Code, § 27545.)
2. Requires that the seller or the transferor or the person loaning the firearm shall deliver the firearm to the licensed dealer who shall retain possession of that firearm. (Pen. Code, § 28050 (b).)
3. Requires a 10-day waiting period prior to the delivery of a firearm. (Pen. Code, § 27540 (a).)
4. Requires that on the date of receipt, a licensed dealer shall report to the Department of Justice (DOJ) the acquisition of any firearm. (Pen. Code, § 26905 (a).)
5. Requires that the DOJ, upon submission of a firearm purchaser’s information, examine their records, as well as their records authorized State Department of State Hospitals records, in order to determine if the purchaser is a person prohibited by state or federal law from possessing, receiving, owning, or purchasing a firearm. (Pen. Code, § 28220 (a).)
6. Prohibits, for varying amounts of time ranging from 5 years to a lifetime, the following person from receiving or possessing firearms:
   1. Anyone convicted of a felony under CA, other state law, or federal law (Pen. Code, § 29800.);
   2. Anyone convicted of a misdemeanor (Pen. Code, § 29805);
   3. Anyone who “poses a danger to themselves or others” (W&I Code § 8103.)
   4. Persons restrained under a protective order or restraining order (Pen. Code, § 29825 (a).);
   5. Anyone who has a Gun Violence Restraining Order (Pen. Code, § 18100.);
   6. Anyone who has a felony warrant or a misdemeanor warrant for a crime (Pen. Code, § 29805.);
   7. Person can ask DOJ to determine firearms eligibility (Pen. Code, § 30105.).
7. Establishes the Armed Prohibited Persons System (APPS), an online database developed by the DOJ to cross-reference persons who have ownership or possession of a firearm and who falls within a class of persons who are prohibited from owning or possessing a firearm (Pen. Code, § 30000.).
8. Requires the DOJ to participate in the National Instant Criminal Background Check System (NICS), and notify the dealer and the chief of the police department of the city or city and county in which the sale was made, or if the sale was made in a district in which there is no municipal police department of the city or city and county in which the sale was made, or if the sale was made in a district in which there is no municipal police department, the sheriff of the county in which the sale was made, of that face. (Pen. Code, § 28220 (c).)
9. Requires DOJ to immediately notify the dealer to delay the transfer of the firearm to the purchaser if the records of the department, or the records available to the department in NICS, indicates that the purchaser has been arrested for, or charged with, a crime that would make him or her, if convicted, a person who is prohibited by state or federal law from possessing, receiving, owning, or purchasing a firearm, and the department is unable to ascertain whether the purchaser was convicted of that offense prior to the conclusion of the waiting period. (Pen. Code, § 28220 (f).)
10. Requires licensed firearms dealers to maintain and make available for inspection during business hours to any peace officer, authorized local law enforcement employee, or DOJ employee designated by the Attorney General, upon the presentation of proper identification, a firearm transaction record. (Pen. Code, § 26895.)

This resolution:

1. Finds that federal law does not require the use of a licensed dealer for firearm transfers, as opposed to California, where, with minimal exceptions, the transfer of firearms between unlicensed individuals must be completed by a licensed dealer and a background check must be submitted.
2. Finds that federal law does not require a waiting period, but California requires a 10-day waiting period to allow a background check to be completed before a firearm can be transferred or delivered.
3. Finds that federal law does not limit the purchase of multiple handguns in a single sale, unlike California.
4. Finds that federal law does not require any licensing or training, yet in California, a firearm safety certificate must be obtained before purchasing or receiving a firearm. In addition, a safe handling demonstration must be performed in the presence of a Department of Justice certified instructor.
5. Finds that federal law exempts firearms and ammunition from the health and safety standards set by the federal Consumer Product Safety Act, differing from the California Penal Code, which prohibits the manufacturing or the importation of unsafe handguns, as defined by law, into California.
6. Finds that federal funds are prohibited from being used to advocate or promote gun control, limiting research on firearm violence. However, the California Firearm Violence Research Act of 2016 created the Firearm Violence Research Center at the University of California to study the cause and effect of firearm-related violence.
7. Finds that there are no federal guidelines related to carrying concealed weapons, while California is a “may-issue” state, giving local law enforcement the discretion to refuse concealed weapon licenses. In addition, it is unlawful to carry a loaded firearm in California.
8. Finds that that the United States Department of Justice recently amended regulations to make bump stocks illegal, following California’s lead on banning multi-burst trigger activators, dating back to 1990, and last amended in 2018. In addition, the California Penal Code restricts the use and possession of firearms defined as assault weapons, and requires them to be registered and permitted for lawful sale and possession.
9. Finds that in 2017, the national average of gun-related deaths per 100,000 people is 11.7, while California’s average is 7.9.
10. Finds that data provided by the federal Centers for Disease Control and Prevention (CDC) Fatal Injury Report show that in the early 1990s, California ranked 3rd and 16th in gun homicides and gun deaths per capita, respectively, among all states, but by 2016, improved to 25th in gun homicides per capita with the 8th lowest rate of gun-related deaths nationwide.
11. Finds that California’s firearm death rate is approximately 36 percent lower than the national rate.
12. Finds that the CDC Fatal Injury Report notes that over 25 years, California’s firearm death rate has fallen more than twice as much as the national gun death rate over the same timeframe.
13. Finds that California’s firearm death rate is approximately 36 percent lower than the national rate.
14. Finds that in 2017, the last year of measured data, Californians were 21 percent less likely to be murdered with a firearm, 33 percent less likely to die in an accidental shooting, and 45 percent less likely to die by firearm suicide than the national average.
15. Finds that California was the first state to enact a gun violence restraining order, known in most states as an extreme risk protection order, which allows an immediate family member to file a petition to the court to request that firearms and ammunition belonging to the subject of the petition be removed and to temporarily prevent the individual subject from owning or possessing a firearm or ammunition.
16. Finds that California, along with six other states, prevents the purchase and possession of firearms by individuals convicted of a hate crime.
17. Finds the annual national cost of gun violence equates to $229,000,000,000, or $700 per American. In California alone, the economic cost of gun violence is $18,300,000,000 per year.
18. Finds that a nationwide study released by the Federal Bureau of Investigation in June 2018 found that between 2000 and 2013, 75 percent of firearms used in an active shooting, known as a “mass shooting,” were legally obtained.
19. Finds the health and safety of the people of our nation should be the number one priority of any federal administration, state and local lawmakers, and all other local officials.
20. Resolves that the California Legislature urges the Federal government to use California as an example for firearm safety and for stronger firearm laws to protect all citizens.
21. Resolves that the Legislature urge the federal government to pass legislation that would provide universal firearm safety regulation throughout this nation.
22. Resolves that the Chief Clerk of the Assembly transmit copies of this resolution to the President and Vice President of the United States, to the Speaker of the House of Representatives, the Minority Leader of the House of Representatives, the Majority Leader of the United States Senate, the Minority Leader of the United States Senate, and to each Senator and Representative from California in the Congress of the United States.

FISCAL EFFECT: Appropriation: No Fiscal Com.: No Local: No

SUPPORT: (Verified 6/11/19)

Bay Area Student Activists

Brady California United Against Gun Violence

Consumer Attorneys of California

Giffords Law Center to Prevent Gun Violence

Mayor of Los Angeles Eric Garcetti

Youth ALIVE!

OPPOSITION: (Verified 6/11/19)

Gun Owners of California, Inc.

National Rifle Association

ASSEMBLY FLOOR: 54-21, 3/18/19

AYES: Aguiar-Curry, Bauer-Kahan, Berman, Bloom, Boerner Horvath, Bonta, Burke, Carrillo, Cervantes, Chau, Chiu, Chu, Daly, Eggman, Friedman, Gabriel, Cristina Garcia, Eduardo Garcia, Gipson, Gloria, Gonzalez, Grayson, Holden, Irwin, Jones-Sawyer, Kalra, Kamlager-Dove, Levine, Limón, Low, Maienschein, McCarty, Medina, Mullin, Muratsuchi, Nazarian, O'Donnell, Petrie-Norris, Quirk, Quirk-Silva, Ramos, Reyes, Luz Rivas, Robert Rivas, Blanca Rubio, Salas, Santiago, Smith, Mark Stone, Ting, Weber, Wicks, Wood, Rendon

NOES: Bigelow, Brough, Chen, Choi, Cooley, Cunningham, Dahle, Flora, Fong, Frazier, Gallagher, Gray, Kiley, Lackey, Mathis, Mayes, Melendez, Obernolte, Patterson, Voepel, Waldron

NO VOTE RECORDED: Arambula, Calderon, Cooper, Diep, Rodriguez

Prepared by: Jennifer Kaku / PUB. S. /

6/12/19 14:56:23

**** END ****

SENATE COMMITTEE ON PUBLIC SAFETY

Senator Nancy Skinner, Chair

2019 - 2020 Regular

Bill No: AJR 5 Hearing Date: June 11, 2019

Subject: Firearm Safety

HISTORY

Source: Author

Prior Legislation: AB 2526 (Rubio), Ch. 873, Stats. 2018

AB 3129 (Rubio), Ch. 883, Stats. 2018

SB 1100 (Portantino), Ch. 894, Stats. 2018

SB 1346 (Jackson), Ch. 795, Stats. 2018

AB 785 (Jones-Sawyer), Ch. 784, Stats. 2017

SJR 1 (Wolk), Ch. 83, Stats. 2014

AJR 45 (Feuer), Ch. 143, Stats. 2012

SJR 10 (De Leon), Ch. 75, Stats. 2012

SJR 18 (Perata), 2003, failed passage in the Senate Judiciary Committee

Support: Bay Area Student Activists; Brady California United Against Gun Violence; Consumer Attorneys of California; Giffords Law Center to Prevent Gun Violence; Mayor of Los Angeles Eric Garcetti; Youth ALIVE!

Opposition: Gun Owners of California, Inc.; National Rifle Association

Assembly Floor Vote: 54 - 21

PURPOSE

The purpose of this resolution is to urge the United States Federal Government to use California as an example of responsible firearm laws and to urge the passage of legislation that would provide universal firearm safety regulation throughout the nation.

Existing Federal Law

Existing law prohibits any person from “engaging in the business” of dealing in firearms or ammunition in interstate or foreign commerce without a license. (18 U.S.C. § 922 (a)(1).)

Existing law prohibits any licensed importer, dealer, manufacturer or collector from transporting in interstate or foreign commerce any firearm to any person other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector, with specified exceptions. (18 U.S.C. § 922 subd. (a)(2).)

Existing law requires a licensed importer, licensed manufacturer, or licensed dealer in firearms to conduct a background check using the National Instant Criminal Background Check System (NICS) prior to transferring a firearm to an unlicensed individual. (U.S.C. § 922 (t).)

Existing law defines the term “dealer” as:

1. Any person “engaged in the business” of selling firearms at wholesale or retail;
2. Any person engaged in the business of repairing firearms or of making or fitting special barrels, stocks, or trigger mechanisms to firearms; or,
3. Any person who is a pawnbroker. (18 U.S.C. § 921 (a)(11).)

Existing law defines “engaged in the business” of dealing firearms as a person who devotes time, attention, and labor to dealing in firearms as a regular course of trade or business with the principal objective of livelihood and profit through the repetitive purchase and resale of firearms, but such term shall not include a person who makes occasional sales, exchanges, or purchases of firearms for the enhancement of a personal collection or for a hobby, or who sells all or part of his personal collection of firearms. (18 U.S.C. § 921 (a)(21)(C).)

Existing law prohibits the following person from receiving or possessing firearms:

• 1. A person convicted in any court of a crime punishable by imprisonment for a term exceeding one year;
  2. A fugitive of justice;
  3. A person who is an unlawful user of, or addicted to any controlled substance;
  4. A person who has been adjudicated as a mental defective or has been committed to any mental institution;
  5. A person who is “an illegal alien;”
  6. A person who has been discharged from the Armed Forces under dishonorable conditions;
  7. A person who has renounced his or her United States citizenship;
  8. A person who is subject to a court order restraining the person from harassing, stalking, or threatening an intimate partner or child of the intimate partner; and
  9. A person who has been convicted of a misdemeanor crime of domestic violence. (18 U.S.C. § 922(g)(1).)

Existing California Law:

Existing law prohibits private party transfers of firearms without conducting a transfer through a licensed firearms dealer. (Pen. Code, § 27545.)

Existing law requires that the seller or the transferor or the person loaning the firearm shall deliver the firearm to the licensed dealer who shall retain possession of that firearm. (Pen. Code, § 28050 (b).)

Existing law requires a 10-day waiting period prior to the delivery of a firearm. (Pen. Code, § 27540 (a).)

Existing law requires that the DOJ, upon submission of a firearm purchaser’s information, examine their records, as well as their records authorized State Department of State Hospitals records, in order to determine if the purchaser is a person prohibited by state or federal law from possessing, receiving, owning, or purchasing a firearm. (Pen. Code, § 28220 (a).)

Existing law prohibits, for varying amounts of time ranging from 5 years to a lifetime, the following person from receiving or possessing firearms:

1. Anyone convicted of a felony under CA, other state law, or federal law (Pen. Code, § 29800.);
2. Anyone convicted of a misdemeanor (Pen. Code, § 29805);
3. Anyone who “poses a danger to themselves or others” (W&I Code § 8103.);
4. Persons restrained under a protective order or restraining order (Pen. Code, § 29825 (a).);
5. Anyone who has a Gun Violence Restraining Order (Pen. Code, § 18100.);
6. Anyone who has a felony warrant or a misdemeanor warrant for a crime (Pen. Code, § 29805.);
7. Person can ask DOJ to determine firearms eligibility (Pen. Code, § 30105.).

Existing law established the Armed Prohibited Persons System (APPS), an online database developed by the DOJ to cross-reference persons who have ownership or possession of a firearm and who falls within a class of persons who are prohibited from owning or possessing a firearm (Pen. Code, § 30000.).

Existing law requires the DOJ to participate in the National Instant Criminal Background Check System (NICS), and notify the dealer and the chief of the police department of the city or city and county in which the sale was made, or if the sale was made in a district in which there is no municipal police department of the city or city and county in which the sale was made, or if the sale was made in a district in which there is no municipal police department, the sheriff of the county in which the sale was made, of that face. (Pen. Code, § 28220 (c).)

Existing law requires DOJ to immediately notify the dealer to delay the transfer of the firearm to the purchaser if the records of the department, or the records available to the department in NICS, indicates that the purchaser has been arrested for, or charged with, a crime that would make him or her, if convicted, a person who is prohibited by state or federal law from possessing, receiving, owning, or purchasing a firearm, and the department is unable to ascertain whether the purchaser was convicted of that offense prior to the conclusion of the waiting period. (Pen. Code, § 28220 (f).)

Existing law requires licensed firearms dealers to maintain and make available for inspection during business hours to any peace officer, authorized local law enforcement employee, or DOJ employee designated by the Attorney General, upon the presentation of proper identification, a firearm transaction record. (Pen. Code, § 26895.)

This resolution finds that federal law does not require the use of a licensed dealer for firearm transfers, as opposed to California, where, with minimal exceptions, the transfer of firearms between unlicensed individuals must be completed by a licensed dealer and a background check must be submitted.

This resolution finds that federal law does not require a waiting period, but California requires a 10-day waiting period to allow a background check to be completed before a firearm can be transferred or delivered.

This resolution finds that federal law does not limit the purchase of multiple handguns in a single sale, unlike California.

This resolution finds that federal law does not require any licensing or training, yet in California, a firearm safety certificate must be obtained before purchasing or receiving a firearm. In addition, a safe handling demonstration must be performed in the presence of a Department of Justice certified instructor.

This resolution find that federal law exempts firearms and ammunition from the health and safety standards set by the federal Consumer Product Safety Act, differing from the California Penal Code, which prohibits the manufacturing or the importation of unsafe handguns, as defined by law, into California.

This resolution finds that federal funds are prohibited from being used to advocate or promote gun control, limiting research on firearm violence. However, the California Firearm Violence Research Act of 2016 created the Firearm Violence Research Center at the University of California to study the cause and effect of firearm-related violence.

This resolution finds that there are no federal guidelines related to carrying concealed weapons, while California is a “may-issue” state, giving local law enforcement the discretion to refuse concealed weapon licenses. In addition, it is unlawful to carry a loaded firearm in California.

This resolution finds that that the United States Department of Justice recently amended regulations to make bump stocks illegal, following California’s lead on banning multi-burst trigger activators, dating back to 1990, and last amended in 2018. In addition, the California Penal Code restricts the use and possession of firearms defined as assault weapons, and requires them to be registered and permitted for lawful sale and possession.

This resolution finds that in 2017, the national average of gun-related deaths per 100,000 people is 11.7, while California’s average is 7.9.

This resolution finds that data provided by the federal Centers for Disease Control and Prevention (CDC) Fatal Injury Report show that in the early 1990s, California ranked 3rd and 16th in gun homicides and gun deaths per capita, respectively, among all states, but by 2016, improved to 25th in gun homicides per capita with the 8th lowest rate of gun-related deaths nationwide.

This resolution finds that California’s firearm death rate is approximately 36 percent lower than the national rate.

This resolution finds that the CDC Fatal Injury Report notes that over 25 years, California’s firearm death rate has fallen more than twice as much as the national gun death rate over the same timeframe.

This resolution finds that California’s firearm death rate is approximately 36 percent lower than the national rate.

This resolution finds that in 2017, the last year of measured data, Californians were 21 percent less likely to be murdered with a firearm, 33 percent less likely to die in an accidental shooting, and 45 percent less likely to die by firearm suicide than the national average.

This resolution finds that California was the first state to enact a gun violence restraining order, known in most states as an extreme risk protection order, which allows an immediate family member to file a petition to the court to request that firearms and ammunition belonging to the subject of the petition be removed and to temporarily prevent the individual subject from owning or possessing a firearm or ammunition.

This resolution finds that California, along with six other states, prevents the purchase and possession of firearms by individuals convicted of a hate crime.

This resolution finds the annual national cost of gun violence equates to $229,000,000,000, or $700 per American. In California alone, the economic cost of gun violence is $18,300,000,000 per year.

This resolution finds that a nationwide study released by the Federal Bureau of Investigation in June 2018 found that between 2000 and 2013, 75 percent of firearms used in an active shooting, known as a “mass shooting,” were legally obtained.

This resolution finds the health and safety of the people of our nation should be the number one priority of any federal administration, state and local lawmakers, and all other local officials.

This resolution resolves that the California Legislature urges the Federal government to use California as an example for firearm safety and for stronger firearm laws to protect all citizens.

This resolution resolves that the Legislature urge the federal government to pass legislation that would provide universal firearm safety regulation throughout this nation, and be it further.

This resolution resolves that the Chief Clerk of the Assembly transmit copies of this resolution to the President and Vice President of the United States, to the Speaker of the House of Representatives, the Minority Leader of the House of Representatives, the Majority Leader of the United States Senate, the Minority Leader of the United States Senate, and to each Senator and Representative from California in the Congress of the United States.

COMMENTS

Need for This Resolution

According to the author of this resolution:

In the early 1990s, California had the 3^rd highest gun homicide rate and the 16^th most gun deaths. By 2016, California was ranked 25^th in gun homicides per capita with the 8^th lowest rate of gun-related deaths. This marked improvement was only possible because of the concerted efforts made by this Legislature to address gun violence in our communities through common sense firearm legislation. While balancing public safety and the second amendment, California has proven that stronger firearm safety laws can lead to a reduced rate of gun violence. It is in the best interest of the public that we enact universal firearm safety standards through strong and sensible laws nationwide. For this reason, AJR 5 urges the federal government to use California as a model for reasonable firearm safety.

California Gun Regulation vs. United States Federal Gun Regulation

California has a widely accepted reputation for having the strictest gun laws in the nation and was the first state to ban assault rifles in 1989. In a multitude of areas California laws have gone above and beyond federal laws when it comes to guns.

California requires background checks for gun sales and requires all sales to be funneled through a licensed dealer. Online ammunition sales must go through a licensed seller and in July of 2019 ammunition purchases will also require a background check. Federal law requires no background checks for ammunition and does not require a background check when purchasing from a gun show or private transfer.

In California there is a ten day waiting period between order and delivery meanwhile federal law has no waiting period mandate. In California, you may purchase one handgun every thirty days with limited exceptions meanwhile there are no successive gun purchase limits.

With limited exceptions, California prevents a person from possessing, transporting, distributing, manufacturing, and selling an assault weapon. In addition, California has also banned many features such as quick loading magazines and flash suppressors which can be used to build an assault weapon. The Public Safety and Recreational Firearms Use Protection Act federally banned assault weapons as well as large capacity ammunition for ten years, from 1994-2004. During this period, mass shooting fatalities were 70% less likely.^[1] However under former President George W. Bush this ban was not renewed. Currently, the federal government has no comprehensive assault weapon ban currently on the books however S.66 by Senator Dianne Feinstein [D-CA] has been introduced to ban assault weapons nationally similar to California.

There is evidence to the value of these reforms have been beneficial as California has the seventh lowest gun death total of the fifty states. California’s leadership in regards to gun and firearm laws have given California a reputation as the most progressive state in gun policy and an A grade from the Gifford’s Law Center.

Mass Shootings in the U.S.

The number of mass shootings has continued to grow in the United States. According to a 2018 Mother Jones study, more than three quarters of the guns possessed by mass shooters in the past 35 years obtained their guns legally.^[2] The deadliest mass shooting in U.S. history occurred on October 1, 2017 in Las Vegas, when a single shooter left 58 dead after firing on a crowd of concertgoers from his hotel window. In the shooter’s hotel room was twenty four firearms, a large quantity of ammunition, and numerous high capacity magazines, all purchased legally in Nevada, California, Texas, and Utah.^[3]

Related Legislation

AJR 4 (Aguiar-Curry) would urge Congress to swiftly enact House Resolution 8, the Bipartisan Background Checks Act of 2019, to require background checks for all firearm sales.

Argument in Support

According to Brady United Against Gun Violence:

California has the strongest firearm laws in the nation and they are making a difference. From 1993 to 2017, California’s firearm mortality rate declined by 55 percent—almost four times the decrease in the rest of the nation. Many of California’s most important firearm laws went into effect in the early 1990s. As California continued to enact strong firearm laws, its firearm death rate continued to decline. California has done the best job in the country of enacting laws that make it harder for people who are a danger to themselves and others to acquire dangerous firearms. These laws have helped reduce both firearm homicides and firearm suicides, and have enabled law enforcement to combat gun trafficking and seize illegally owned firearms.

-- END –

1. https://insights.ovid.com/crossref?an=01586154-201901000-00002 ↑

2. https://www.motherjones.com/politics/2012/07/mass-shootings-map/ ↑

3. https://www.theguardian.com/us-news/2017/oct/03/las-vegas-shooting-girlfriend-marilou-danley-person-of-interest-sheriff ↑

SENATE COMMITTEE ON PUBLIC SAFETY

Senator Nancy Skinner, Chair

2019 - 2020 Regular

Bill No: AJR 5 Hearing Date: June 4, 2019

Subject: Firearm Safety

HISTORY

Source: Author

Prior Legislation: AB 2526 (Rubio), Ch. 873, Stats. 2018

AB 3129 (Rubio), Ch. 883, Stats. 2018

SB 1100 (Portantino), Ch. 894, Stats. 2018

SB 1346 (Jackson), Ch. 795, Stats. 2018

AB 785 (Jones-Sawyer), Ch. 784, Stats. 2017

SJR 1 (Wolk), Ch. 83, Stats. 2014

AJR 45 (Feuer), Ch. 143, Stats. 2012

SJR 10 (De Leon), Ch. 75, Stats. 2012

SJR 18 (Perata), 2003, failed passage in the Senate Judiciary Committee

Support: Bay Area Student Activists; Brady California United Against Gun Violence; Consumer Attorneys of California; Giffords Law Center to Prevent Gun Violence; Mayor of Los Angeles Eric Garcetti; Youth ALIVE!

Opposition: Gun Owners of California, Inc.; National Rifle Association

Assembly Floor Vote: 54 - 21

PURPOSE

The purpose of this resolution is to urge the United States Federal Government to use California as an example of responsible firearm laws and to urge the passage of legislation that would provide universal firearm safety regulation throughout the nation.

Existing Federal Law

Existing law prohibits any person from “engaging in the business” of dealing in firearms or ammunition in interstate or foreign commerce without a license. (18 U.S.C. § 922 (a)(1).)

Existing law prohibits any licensed importer, dealer, manufacturer or collector from transporting in interstate or foreign commerce any firearm to any person other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector, with specified exceptions. (18 U.S.C. § 922 subd. (a)(2).)

Existing law requires a licensed importer, licensed manufacturer, or licensed dealer in firearms to conduct a background check using the National Instant Criminal Background Check System (NICS) prior to transferring a firearm to an unlicensed individual. (U.S.C. § 922 (t).)

Existing law defines the term “dealer” as:

1. Any person “engaged in the business” of selling firearms at wholesale or retail;
2. Any person engaged in the business of repairing firearms or of making or fitting special barrels, stocks, or trigger mechanisms to firearms; or,
3. Any person who is a pawnbroker. (18 U.S.C. § 921 (a)(11).)

Existing law defines “engaged in the business” of dealing firearms as a person who devotes time, attention, and labor to dealing in firearms as a regular course of trade or business with the principal objective of livelihood and profit through the repetitive purchase and resale of firearms, but such term shall not include a person who makes occasional sales, exchanges, or purchases of firearms for the enhancement of a personal collection or for a hobby, or who sells all or part of his personal collection of firearms. (18 U.S.C. § 921 (a)(21)(C).)

Existing law prohibits the following person from receiving or possessing firearms:

• 1. A person convicted in any court of a crime punishable by imprisonment for a term exceeding one year;
  2. A fugitive of justice;
  3. A person who is an unlawful user of, or addicted to any controlled substance;
  4. A person who has been adjudicated as a mental defective or has been committed to any mental institution;
  5. A person who is “an illegal alien;”
  6. A person who has been discharged from the Armed Forces under dishonorable conditions;
  7. A person who has renounced his or her United States citizenship;
  8. A person who is subject to a court order restraining the person from harassing, stalking, or threatening an intimate partner or child of the intimate partner; and
  9. A person who has been convicted of a misdemeanor crime of domestic violence. (18 U.S.C. § 922(g)(1).)

Existing California Law:

Existing law prohibits private party transfers of firearms without conducting a transfer through a licensed firearms dealer. (Pen. Code, § 27545.)

Existing law requires that the seller or the transferor or the person loaning the firearm shall deliver the firearm to the licensed dealer who shall retain possession of that firearm. (Pen. Code, § 28050 (b).)

Existing law requires a 10-day waiting period prior to the delivery of a firearm. (Pen. Code, § 27540 (a).)

Existing law requires that the DOJ, upon submission of a firearm purchaser’s information, examine their records, as well as their records authorized State Department of State Hospitals records, in order to determine if the purchaser is a person prohibited by state or federal law from possessing, receiving, owning, or purchasing a firearm. (Pen. Code, § 28220 (a).)

Existing law prohibits, for varying amounts of time ranging from 5 years to a lifetime, the following person from receiving or possessing firearms:

1. Anyone convicted of a felony under CA, other state law, or federal law (Pen. Code, § 29800.);
2. Anyone convicted of a misdemeanor (Pen. Code, § 29805);
3. Anyone who “poses a danger to themselves or others” (W&I Code § 8103.);
4. Persons restrained under a protective order or restraining order (Pen. Code, § 29825 (a).);
5. Anyone who has a Gun Violence Restraining Order (Pen. Code, § 18100.);
6. Anyone who has a felony warrant or a misdemeanor warrant for a crime (Pen. Code, § 29805.);
7. Person can ask DOJ to determine firearms eligibility (Pen. Code, § 30105.).

Existing law established the Armed Prohibited Persons System (APPS), an online database developed by the DOJ to cross-reference persons who have ownership or possession of a firearm and who falls within a class of persons who are prohibited from owning or possessing a firearm (Pen. Code, § 30000.).

Existing law requires the DOJ to participate in the National Instant Criminal Background Check System (NICS), and notify the dealer and the chief of the police department of the city or city and county in which the sale was made, or if the sale was made in a district in which there is no municipal police department of the city or city and county in which the sale was made, or if the sale was made in a district in which there is no municipal police department, the sheriff of the county in which the sale was made, of that face. (Pen. Code, § 28220 (c).)

Existing law requires DOJ to immediately notify the dealer to delay the transfer of the firearm to the purchaser if the records of the department, or the records available to the department in NICS, indicates that the purchaser has been arrested for, or charged with, a crime that would make him or her, if convicted, a person who is prohibited by state or federal law from possessing, receiving, owning, or purchasing a firearm, and the department is unable to ascertain whether the purchaser was convicted of that offense prior to the conclusion of the waiting period. (Pen. Code, § 28220 (f).)

Existing law requires licensed firearms dealers to maintain and make available for inspection during business hours to any peace officer, authorized local law enforcement employee, or DOJ employee designated by the Attorney General, upon the presentation of proper identification, a firearm transaction record. (Pen. Code, § 26895.)

This resolution finds that federal law does not require the use of a licensed dealer for firearm transfers, as opposed to California, where, with minimal exceptions, the transfer of firearms between unlicensed individuals must be completed by a licensed dealer and a background check must be submitted.

This resolution finds that federal law does not require a waiting period, but California requires a 10-day waiting period to allow a background check to be completed before a firearm can be transferred or delivered.

This resolution finds that federal law does not limit the purchase of multiple handguns in a single sale, unlike California.

This resolution finds that federal law does not require any licensing or training, yet in California, a firearm safety certificate must be obtained before purchasing or receiving a firearm. In addition, a safe handling demonstration must be performed in the presence of a Department of Justice certified instructor.

This resolution find that federal law exempts firearms and ammunition from the health and safety standards set by the federal Consumer Product Safety Act, differing from the California Penal Code, which prohibits the manufacturing or the importation of unsafe handguns, as defined by law, into California.

This resolution finds that federal funds are prohibited from being used to advocate or promote gun control, limiting research on firearm violence. However, the California Firearm Violence Research Act of 2016 created the Firearm Violence Research Center at the University of California to study the cause and effect of firearm-related violence.

This resolution finds that there are no federal guidelines related to carrying concealed weapons, while California is a “may-issue” state, giving local law enforcement the discretion to refuse concealed weapon licenses. In addition, it is unlawful to carry a loaded firearm in California.

This resolution finds that that the United States Department of Justice recently amended regulations to make bump stocks illegal, following California’s lead on banning multi-burst trigger activators, dating back to 1990, and last amended in 2018. In addition, the California Penal Code restricts the use and possession of firearms defined as assault weapons, and requires them to be registered and permitted for lawful sale and possession.

This resolution finds that in 2017, the national average of gun-related deaths per 100,000 people is 11.7, while California’s average is 7.9.

This resolution finds that data provided by the federal Centers for Disease Control and Prevention (CDC) Fatal Injury Report show that in the early 1990s, California ranked 3rd and 16th in gun homicides and gun deaths per capita, respectively, among all states, but by 2016, improved to 25th in gun homicides per capita with the 8th lowest rate of gun-related deaths nationwide.

This resolution finds that California’s firearm death rate is approximately 36 percent lower than the national rate.

This resolution finds that the CDC Fatal Injury Report notes that over 25 years, California’s firearm death rate has fallen more than twice as much as the national gun death rate over the same timeframe.

This resolution finds that California’s firearm death rate is approximately 36 percent lower than the national rate.

This resolution finds that in 2017, the last year of measured data, Californians were 21 percent less likely to be murdered with a firearm, 33 percent less likely to die in an accidental shooting, and 45 percent less likely to die by firearm suicide than the national average.

This resolution finds that California was the first state to enact a gun violence restraining order, known in most states as an extreme risk protection order, which allows an immediate family member to file a petition to the court to request that firearms and ammunition belonging to the subject of the petition be removed and to temporarily prevent the individual subject from owning or possessing a firearm or ammunition.

This resolution finds that California, along with six other states, prevents the purchase and possession of firearms by individuals convicted of a hate crime.

This resolution finds the annual national cost of gun violence equates to $229,000,000,000, or $700 per American. In California alone, the economic cost of gun violence is $18,300,000,000 per year.

This resolution finds that a nationwide study released by the Federal Bureau of Investigation in June 2018 found that between 2000 and 2013, 75 percent of firearms used in an active shooting, known as a “mass shooting,” were legally obtained.

This resolution finds the health and safety of the people of our nation should be the number one priority of any federal administration, state and local lawmakers, and all other local officials.

This resolution resolves that the California Legislature urges the Federal government to use California as an example for firearm safety and for stronger firearm laws to protect all citizens.

This resolution resolves that the Legislature urge the federal government to pass legislation that would provide universal firearm safety regulation throughout this nation, and be it further.

This resolution resolves that the Chief Clerk of the Assembly transmit copies of this resolution to the President and Vice President of the United States, to the Speaker of the House of Representatives, the Minority Leader of the House of Representatives, the Majority Leader of the United States Senate, the Minority Leader of the United States Senate, and to each Senator and Representative from California in the Congress of the United States.

COMMENTS

Need for This Bill

According to the author of this bill:

In the early 1990s, California had the 3^rd highest gun homicide rate and the 16^th most gun deaths. By 2016, California was ranked 25^th in gun homicides per capita with the 8^th lowest rate of gun-related deaths. This marked improvement was only possible because of the concerted efforts made by this Legislature to address gun violence in our communities through common sense firearm legislation. While balancing public safety and the second amendment, California has proven that stronger firearm safety laws can lead to a reduced rate of gun violence. It is in the best interest of the public that we enact universal firearm safety standards through strong and sensible laws nationwide. For this reason, AJR 5 urges the federal government to use California as a model for reasonable firearm safety.

California Gun Regulation vs. United States Federal Gun Regulation

California has a widely accepted reputation for having the strictest gun laws in the nation and was the first state to ban assault rifles in 1989. In a multitude of areas California laws have gone above and beyond federal laws when it comes to guns.

California requires background checks for gun sales and requires all sales to be funneled through a licensed dealer. Online ammunition sales must go through a licensed seller and in July of 2019 ammunition purchases will also require a background check. Federal law requires no background checks for ammunition and does not require a background check when purchasing from a gun show or private transfer.

In California there is a ten day waiting period between order and delivery meanwhile federal law has no waiting period mandate. In California, you may purchase one handgun every thirty days with limited exceptions meanwhile there are no successive gun purchase limits.

With limited exceptions, California prevents a person from possessing, transporting, distributing, manufacturing, and selling an assault weapon. In addition, California has also banned many features such as quick loading magazines and flash suppressors which can be used to build an assault weapon. The Public Safety and Recreational Firearms Use Protection Act federally banned assault weapons as well as large capacity ammunition for ten years, from 1994-2004. During this period, mass shooting fatalities were 70% less likely.^[1] However under former President George W. Bush this ban was not renewed. Currently, the federal government has no comprehensive assault weapon ban currently on the books however S.66 by Senator Dianne Feinstein [D-CA] has been introduced to ban assault weapons nationally similar to California.

There is evidence to the value of these reforms have been beneficial as California has the seventh lowest gun death total of the fifty states. California’s leadership in regards to gun and firearm laws have given California a reputation as the most progressive state in gun policy and an A grade from the Gifford’s Law Center.

Mass Shootings in the U.S.

The number of mass shootings has continued to grow in the United States. According to a 2018 Mother Jones study, more than three quarters of the guns possessed by mass shooters in the past 35 years obtained their guns legally.^[2] The deadliest mass shooting in U.S. history occurred on October 1, 2017 in Las Vegas, when a single shooter left 58 dead after firing on a crowd of concertgoers from his hotel window. In the shooter’s hotel room was twenty four firearms, a large quantity of ammunition, and numerous high capacity magazines, all purchased legally in Nevada, California, Texas, and Utah.^[3]

Related Legislation

AJR 4 (Aguiar-Curry) would urge Congress to swiftly enact House Resolution 8, the Bipartisan Background Checks Act of 2019, to require background checks for all firearm sales.

Argument in Support

According to Brady United Against Gun Violence:

California has the strongest firearm laws in the nation and they are making a difference. From 1993 to 2017, California’s firearm mortality rate declined by 55 percent—almost four times the decrease in the rest of the nation. Many of California’s most important firearm laws went into effect in the early 1990s. As California continued to enact strong firearm laws, its firearm death rate continued to decline. California has done the best job in the country of enacting laws that make it harder for people who are a danger to themselves and others to acquire dangerous firearms. These laws have helped reduce both firearm homicides and firearm suicides, and have enabled law enforcement to combat gun trafficking and seize illegally owned firearms.

-- END –

1. https://insights.ovid.com/crossref?an=01586154-201901000-00002 ↑

2. https://www.motherjones.com/politics/2012/07/mass-shootings-map/ ↑

3. https://www.theguardian.com/us-news/2017/oct/03/las-vegas-shooting-girlfriend-marilou-danley-person-of-interest-sheriff ↑

ASSEMBLY THIRD READING

ATR Bill Id:AJR 5

Author:(Jones-Sawyer)

As Introduced Ver:January 31, 2019

Majority

SUMMARY:

Urges the federal government to use California as an example for firearm safety and to pass legislation that would provide universal firearm safety regulation throughout the nation.

Major Provisions

1. Finds that Federal law does not require the use of a licensed dealer for firearm transfers, as opposed to California, where, with minimal exceptions, the transfer of firearms between unlicensed individuals must be completed by a licensed dealer and a background check must be submitted.
2. Finds that Federal law does not require a waiting period, but California requires a 10-day waiting period to allow a background check to be completed before a firearm can be transferred or delivered.
3. Finds that Federal law does not limit the purchase of multiple handguns in a single sale, unlike California.
4. Finds that Federal law does not require any licensing or training, yet in California, a firearm safety certificate must be obtained before purchasing or receiving a firearm. In addition, a safe handling demonstration must be performed in the presence of a Department of Justice certified instructor.
5. Finds that in 2017, the national average of gun-related deaths per 100,000 people is 11.7, while California's average is 7.9.
6. Finds that data provided by the federal Centers for Disease Control and Prevention (CDC) Fatal Injury Report show that in the early 1990s, California ranked 3rd and 16th in gun homicides and gun deaths per capita, respectively, among all states, but by 2016, improved to 25th in gun homicides per capita with the 8th lowest rate of gun-related deaths nationwide.
7. Finds that the CDC Fatal Injury Report notes that over 25 years, California’s firearm death rate has fallen more than twice as much as the national gun death rate over the same timeframe.
8. Finds that California was the first state to enact a gun violence restraining order, known in most states as an extreme risk protection order, which allows an immediate family member to file a petition to the court to request that firearms and ammunition belonging to the subject of the petition be removed and to temporarily prevent the individual subject from owning or possessing a firearm or ammunition.
9. Finds that a nationwide study released by the Federal Bureau of Investigation in June 2018 found that between 2000 and 2013, 75% of firearms used in an active shooting, known as a "mass shooting," were legally obtained.

COMMENTS:

According to the Author:

"California has seen a significant decrease in gun violence and gun-related deaths over the past 25 years. Among all states, California ranked 3rd in gun homicides and 16th in gun-related deaths in the early 1990s. By 2016, California ranked 25th in gun homicides and had the 8th lowest rate of gun-related deaths nationwide. This was only possible because of the efforts made by this Legislature to address gun violence in our communities through common sense firearm legislation. California has led the nation in the way we balance the safety of our residents and the second amendment. For these reasons, AJR 5 urges the federal government to use California as a model for reasonable firearm safety nationwide."

Arguments in Support:

According to the California Chapters of the Brady Campaign to Prevent Gun Violence: "California has the strongest firearm laws in the nation and they are making a difference. From 1993 to 2017, California’s firearm mortality rate declined by 55%—almost four times the decrease in the rest of the nation. Many of California’s most important firearm laws went into effect in the early 1990s. As California continued to enact strong firearm laws, its firearm death rate continued to decline. California has done the best job in the country of enacting laws that make it harder for people who are a danger to themselves and others to acquire dangerous firearms. These laws have helped reduce both firearm homicides and firearm suicides, and have enabled law enforcement to combat gun trafficking and seize illegally owned firearms."

Arguments in Opposition:

According to Gun Owners of California: "California, as AJR 5 notes, has some of the most extensive and intrusive gun control laws in the country, and yet those laws have failed to prevent mass murders and acts of terrorism committed by evil people. Asking Congress to use the example of California gun laws as a template for federal laws would guarantee the same failures on a nationwide basis. AJR 5 declares that the rate of gun deaths in California has been going down over the years at a rate faster than the rest of the country and attributes that to gun control laws. The resolution fails to acknowledge that crime rates began to drop when California instituted strong penalties for violent crimes with longer sentences. No one disputes that a small percentage of the population account for most of the dun deaths in the state (after suicide) and it stands to reason that if you incarcerate those who have committed violent crimes and keep them off the streets, that violent crime will go down."

FISCAL COMMENTS:

Unknown. This bill is keyed non-fiscal by the Legislative Counsel.

Please see the policy committee analysis for a full discussion on this bill.

VOTES:

ASM PUBLIC SAFETY: 6-1-1

YES: Jones-Sawyer, Bauer-Kahan, Kamlager-Dove, Quirk, Santiago, Wicks

NO: Lackey

ABS, ABST OR NV: Diep

UPDATED:

VERSION: January 31, 2019

COUNSEL: Matthew Fleming / PUB. S. / (916) 319-3744 FN: 0000052

Date of Hearing: March 12, 2019

Counsel: Matthew Fleming

ASSEMBLY COMMITTEE ON PUBLIC SAFETY

Reginald Byron Jones-Sawyer, Sr., Chair

ABPCA Bill Id:AJR 5

Author:(Jones-Sawyer) – As Introduced Ver:January 31, 2019

SUMMARY:

Urges the federal government to use California as an example for firearm safety and to pass legislation that would provide universal firearm safety regulation throughout the nation. Specifically, this bill:

1. Finds that Federal law does not require the use of a licensed dealer for firearm transfers, as opposed to California, where, with minimal exceptions, the transfer of firearms between unlicensed individuals must be completed by a licensed dealer and a background check must be submitted.
   
2. Finds that Federal law does not require a waiting period, but California requires a 10-day waiting period to allow a background check to be completed before a firearm can be transferred or delivered.
   
3. Finds that Federal law does not limit the purchase of multiple handguns in a single sale, unlike California.
   
4. Finds that Federal law does not require any licensing or training, yet in California, a firearm safety certificate must be obtained before purchasing or receiving a firearm. In addition, a safe handling demonstration must be performed in the presence of a Department of Justice certified instructor.
   
5. Finds that Federal law exempts firearms and ammunition from the health and safety standards set by the federal Consumer Product Safety Act, differing from the California Penal Code, which prohibits the manufacturing or the importation of unsafe handguns, as defined by law, into California.
   
6. Finds that Federal funds are prohibited from being used to advocate or promote gun control, limiting research on firearm violence. However, the California Firearm Violence Research Act of 2016 created the Firearm Violence Research Center at the University of California to study the cause and effect of firearm-related violence.
   
7. Finds that there are no federal guidelines related to carrying concealed weapons, while California is a “may-issue” state, giving local law enforcement the discretion to refuse concealed weapon licenses. In addition, it is unlawful to carry a loaded firearm in California.
   
8. Finds that the United States Department of Justice recently amended regulations to make bump stocks illegal, following California’s lead on banning multiburst trigger activators, dating back to 1990, and last amended in 2018. In addition, the California Penal Code restricts the use and possession of firearms defined as assault weapons, and requires them to be registered and permitted for lawful sale and possession.
   
9. Finds that in 2017, the national average of gun-related deaths per 100,000 people is 11.7, while California’s average is 7.9.
   
10. Finds that data provided by the federal Centers for Disease Control and Prevention (CDC) Fatal Injury Report show that in the early 1990s, California ranked 3rd and 16th in gun homicides and gun deaths per capita, respectively, among all states, but by 2016, improved to 25th in gun homicides per capita with the 8th lowest rate of gun-related deaths nationwide.
    
11. Finds that the CDC Fatal Injury Report notes that over 25 years, California’s firearm death rate has fallen more than twice as much as the national gun death rate over the same timeframe.
    
12. Finds that California’s firearm death rate is approximately 36 percent lower than the national rate.
    
13. Finds that in 2017, the last year of measured data, Californians were 21 percent less likely to be murdered with a firearm, 33 percent less likely to die in an accidental shooting, and 45 percent less likely to die by firearm suicide than the national average.
    
14. Finds that California was the first state to enact a gun violence restraining order, known in most states as an extreme risk protection order, which allows an immediate family member to file a petition to the court to request that firearms and ammunition belonging to the subject of the petition be removed and to temporarily prevent the individual subject from owning or possessing a firearm or ammunition.
    
15. Finds that California, along with six other states, prevents the purchase and possession of firearms by individuals convicted of a hate crime.
    
16. Finds that the annual national cost of gun violence equates to $229,000,000,000, or $700 per American. In California alone, the economic cost of gun violence is $18,300,000,000 per year.
    
17. Finds that a nationwide study released by the Federal Bureau of Investigation in June 2018 found that between 2000 and 2013, 75 percent of firearms used in an active shooting, known as a “mass shooting,” were legally obtained.
    
18. Finds that the health and safety of the people of our nation should be the number one priority of any federal administration, state and local lawmakers, and all other local officials.
    
19. Resolves that the California Legislature urges the Federal government to use California as an example for firearm safety and for stronger firearm laws to protect all citizens.
    
20. Resolves that the California Legislature urges the Federal government to pass legislation that would provide universal firearm safety regulation throughout this nation.
    
21. Resolves that the Chief Clerk of the Assembly transmit copies of this resolution to the President and Vice President of the United States, to the Speaker of the House of Representatives, the Minority Leader of the House of Representatives, the Majority Leader of the United States Senate, the Minority Leader of the United States Senate, and to each Senator and Representative from California in the Congress of the United States.

EXISTING LAW:

1) Prohibits private party transfers of firearms without conducting such a transfer through a licensed firearms dealer. (Pen. Code, § 27545.)

2) Requires that the seller or transferor or the person loaning the firearm shall deliver the firearm to the licensed dealer who shall retain possession of that firearm. (Pen. Code, § 28050 subd. (b).)

3) Requires a 10 day waiting period prior to the delivery of a firearm. (Pen. Code, § 27540 subd. (a).)

4) Requires the licensed dealer to deliver the firearm to the purchaser or transferee or the person being loaned the firearm, if it is not prohibited. (Pen. Code, § 28050 subd. (c).)

5) Requires that on the date of receipt, a licensed dealer shall report to the Department of Justice (DOJ) the acquisition of any firearm. (Pen. Code, § 26905, subd. (a).)

6) Requires that the DOJ, upon submission of firearm purchaser information, examine its records, as well as those records that it is authorized to request from the State Department of State Hospitals, in order to determine if the purchaser is a person prohibited by state or federal law from possessing, receiving, owning, or purchasing a firearm. (Pen. Code, § 28220, subd. (a).)

7) Requires the DOJ to participate in the National Instant Criminal Background Check System (NICS), and notify the dealer and the chief of the police department of the city or city and county in which the sale was made, or if the sale was made in a district in which there is no municipal police department, the sheriff of the county in which the sale was made, that the purchaser is a person prohibited from acquiring a firearm under federal law. (Pen. Code, § 28220, subd. (b).)

8) States that if DOJ determines that the purchaser is prohibited by state or federal law from possessing, receiving, owning, or purchasing a firearm or is attempting to purchase more than one handgun in a 30 day period, it shall immediately notify the dealer and the chief of the police department of the city or city and county in which the sale was made, or if the sale was made in a district in which there is no municipal police department, the sheriff of the county in which the sale was made, of that fact. (Pen. Code, § 28220, subd. (c).)

9) Requires DOJ to immediately notify the dealer to delay the transfer of the firearm to the purchaser if the records of the department, or the records available to the department in NICS, indicates that the purchaser has been arrested for, or charged with, a crime that would make him or her, if convicted, a person who is prohibited by state or federal law from possessing, receiving, owning, or purchasing a firearm, and the department is unable to ascertain whether the purchaser was convicted of that offense prior to the conclusion of the waiting period. (Pen. Code, § 28220, subd. (f).)

10) Requires licensed firearms dealers to maintain and make available for inspection during business hours to any peace officer, authorized local law enforcement employee, or Department of Justice employee designated by the Attorney General, upon the presentation of proper identification, a firearm transaction record. (Pen. Code § 26895.)

11) Prohibits persons convicted of certain criminal or juvenile offenses, and persons subject to a restraining or protective order from owning, purchasing, receiving or possessing a firearm. (Pen. Code §§ 29800 – 29825.)

EXISTING FEDERAL LAW:

1) Prohibits any person from “engaging in the business” of dealing in firearms or ammunition in interstate or foreign commerce without a license. (18 U.S.C. § 922 subd. (a)(1).)

2) Prohibits any licensed importer, dealer, manufacturer or collector from transporting in interstate or foreign commerce any firearm to any person other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector, with specified exceptions. (18 U.S.C. § 922 subd. (a)(2).)

3) Requires a licensed importer, licensed manufacturer, or licensed dealer in firearms to conduct a background check using the National Instant Criminal Background Check System (NICS) prior to transferring a firearm to an unlicensed individual. (U.S.C. § 922 subd. (t).)

4) Defines the term “dealer” as:

• 1. Any person “engaged in the business” of selling firearms at wholesale or retail;
  2. Any person engaged in the business of repairing firearms or of making or fitting special barrels, stocks, or trigger mechanisms to firearms; or,
  3. Any person who is a pawnbroker. (18 U.S.C. § 921 subd. (a)(11).)

5) Defines “engaged in the business” of dealing firearms as a person who devotes time, attention, and labor to dealing in firearms as a regular course of trade or business with the principal objective of livelihood and profit through the repetitive purchase and resale of firearms, but such term shall not include a person who makes occasional sales, exchanges, or purchases of firearms for the enhancement of a personal collection or for a hobby, or who sells all or part of his personal collection of firearms. (18 U.S.C. § 921 subd. (a)(21)(C).)

6) Prohibits the following persons from receiving or possessing firearms:

a) A person convicted in any court of a crime punishable by imprisonment for a term exceeding one year;

b) A fugitive of justice;

c) A person who is an unlawful user of, or addicted to any controlled substance;

d) A person who has been adjudicated as a mental defective or has been committed to any mental institution;

e) A person who is “an illegal alien;”

f) A person who has been discharged from the Armed Forces under dishonorable conditions;

g) A person who has renounced his or her United States citizenship;

h) A person who is subject to a court order restraining the person from harassing, stalking, or threatening an intimate partner or child of the intimate partner; and

i) A person who has been convicted of a misdemeanor crime of domestic violence. (18 U.S.C. § 922(g)(1).)

FISCAL EFFECT:

Unknown

COMMENTS:

1. Author's Statement: According to the author, “California has seen a significant decrease in gun violence and gun-related deaths over the past 25 years. Among all states, California ranked 3rd in gun homicides and 16th in gun-related deaths in the early 1990s. By 2016, California ranked 25th in gun homicides and had the 8th lowest rate of gun-related deaths nationwide. This was only possible because of the efforts made by this Legislature to address gun violence in our communities through common sense firearm legislation. California has led the nation in the way we balance the safety of our residents and the second amendment. For these reasons, AJR 5 urges the federal government to use California as a model for reasonable firearm safety nationwide.”
   
2. California has the Most Prolific Gun Safety Laws in the Nation: California is widely regarded as having the nation’s strictest gun laws. Prior to last year’s legislative session, California already required all firearm and ammunition dealers to obtain a state license, required private gun sales to be completed through a licensed firearms dealer with a background check and mandatory waiting period, and maintained permanent records of firearm sales. Firearms purchasers must pass a written test to obtain a Firearm Safety Certificate, and are limited to buying one handgun per month. There is also a 10-day waiting period between applying to purchase a firearm and delivery. In 2014, California passed laws that allow for a gun violence restraining order to be issued, and in 2016, prop 63 was passed by the people of California, requiring background checks for ammunition sales. A second part of prop 63 would have banned high capacity magazines (defined as ten rounds or more), but that part of prop 63 is currently enjoined, and subject to ongoing litigation.

Last year, the legislature took additional measures to regulate the possession, transfer, and sale of firearms. AB 3129 (Rubio) imposed a lifetime ban from possession of a firearm for persons convicted of misdemeanor domestic violence. AB 2526 (Rubio) streamlined the process for obtaining a temporary emergency gun violence restraining order. SB 1100 (Portantino) increased the age to purchase a long gun from 18 to 21. SB 1336 (Jackson) clarified the definition of a multiburst trigger to make sure it included bump stock and bump fire stocks, as well as other similar devices.

The efforts of the Legislature have not gone unnoticed. Each year, attorneys for the Giffords Law Center to Prevent Gun Violence (Giffords) track and analyze gun legislation in all 50 states, evaluating firearms bills for their relative strength or weakness. The attorneys then employ a quantitative rubric to score each state on its gun law strength, adding points for safety regulations like universal background checks and extreme risk protection orders and subtracting points for policies such as “Stand Your Ground” and carry laws that do not require a permit. The culmination of this annual work is the Gun Law Scorecard. (See https://lawcenter.giffords.org/scorecard/, [as of March 5, 2019].) California earned the highest grade on the Giffords scorecard.

Based on their data analysis, Giffords also provides a visual representation of each state’s gun safety grade as compared to its gun death rate per 100,000 people. The bar graph shows a correlative effect between rising gun death rates and weaker gun safety laws. The safety grade is placed on the horizontal axis and the average gun death rate per 100,000 people is on the vertical one:

(Id.)

There are a number of other visual representations of gun safety laws vs. gun death rate on the Giffords website which, according to that group, depict “an undeniable correlation” between strong gun laws and fewer gun deaths. (Id.) California is lauded for its comprehensive gun safety reforms over the past two decades and is credited for having cut its gun deaths in half during that time. (Id.)

1. Recent Federal Legislative Efforts: The House of Representatives recently passed two Federal gun control laws that would require background checks for gun sales and mandate a ten day waiting period prior to a person obtaining possession of a firearm so that background check can be completed. (See Booker, House Passes Sweeping Gun Bill, National Public Radio, Feb. 27, 2019, available at: https://www.npr.org/2019/02/27/698512397/house-passes-most-significant-gun-bill-in-2-decades, [as of March 5, 2019].) The first of the two bills, H.R. 8 was introduced by California Representative Mike Thompson. Both bills passed in the Democrat-controlled House, mostly along party lines, and now must make their way through the Republican-controlled Senate. (Id.)
   
   The Senate Judiciary Committee has scheduled a hearing on gun control for March 26th. (Samuels, GOP-controlled Senate committee to hold March 26 hearing on gun control, The Hill, March 7, 2019, https://thehill.com/homenews/senate/433028-gop-controlled-senate-committee-to-hold-march-26-hearing-on-gun-control. [as of March 8, 2019].)
2. Argument in Support: According to the California Chapters of the Brady Campaign to Prevent Gun Violence: “California has the strongest firearm laws in the nation and they are making a difference. From 1993 to 2017, California’s firearm mortality rate declined by 55 percent—almost four times the decrease in the rest of the nation. Many of California’s most important firearm laws went into effect in the early 1990s. As California continued to enact strong firearm laws, its firearm death rate continued to decline. California has done the best job in the country of enacting laws that make it harder for people who are a danger to themselves and others to acquire dangerous firearms. These laws have helped reduce both firearm homicides and firearm suicides, and have enabled law enforcement to combat gun trafficking and seize illegally owned firearms.

“The U.S. has the weakest firearm laws of any industrialized nation, and weak federal laws undermine California’s stronger laws. Using California as an example, the federal government must enact commonsense firearm legislation to keep all Americans safer from firearm injury and death.”

1. Related Legislation: AJR 4 (Aguiar-Curry) would urge Congress to swiftly enact legislation that would require background checks for all firearms sales and transfers. AJR 4 is pending on the Assembly Floor.
2. Related Federal Legislation:
   
   1. HR 8 (Thompson) 116th Congress (2019-2020) would require a background check for every gun sale or transfer with limited exceptions including gifts to family members, hunting, target shooting, and self-defense. HR 8 passed in the House of Representatives.
      
   2. HR 1112 (Clyburn) 116th Congress (2019-2020) would require a ten day waiting period on a sale or transfer of a firearm in order to conduct a background check. HR 1112 passed in the House of Representatives.
      
3. Prior Legislation:
   
   1. AB 2526 (Rubio,) Chapter 873, Statutes of 2018, allowed law enforcement officers to orally obtain temporary emergency gun violence restraining orders provided they sign a declaration under oath attesting to the facts supporting the request.
      
   2. AB 3129 (Rubio), Chapter 883, Statutes of 2018, prohibited a person convicted on or after January 1, 2019, of specified misdemeanors relating to domestic violence from ever possessing a firearm.
      
   3. SB 1100 (Portantino), Chapter 894, Statutes of 2018, increased the age for which a person can purchase a long-gun from 18 to 21 years, except as specified.
      
   4. SB 1346 (Jackson), Chapter 795, Statutes of 2018, clarified that the definition of a multiburst trigger includes a bump stock, bump fire stock, and other similar devices that are used in combination with a semiautomatic firearm to increase the rate of fire of that firearm.
      
   5. AB 785 (Jones-Sawyer), Chapter 784, Statutes of 2017, adds two hate crimes to the list of misdemeanors that result in a ban on the right to possess a firearm for ten years.

REGISTERED SUPPORT / OPPOSITION:

Support

Bay Area Student Activists
California Chapters of the Brady Campaign to Prevent Gun Violence
Consumer Attorneys of California

Opposition

None

Analysis Prepared by:

Matthew Fleming / PUB. S. / (916) 319-3744