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
CFIS, DROS, CHRIS
enhancements
$465 in development and software costs;
$300 for DOJ staffing through 2012-13
Special*
Retain new information
$0
Special*
Additional DROS
transactions
Significant workload; fully funded by fees
Special*
Expanded misdemeanors
Unknown; non-reimbursable local law
enforcement and incarceration costs
offset to a degree by fine revenue
Local
Increased confiscation of
firearms
Unknown; potential state incarceration
costs as well as potentially significant
future cost savings in avoided prosecution
and extended incarceration
General
$50
2013-14
$0
Fund
*Dealer Record of Sale (DROS) Special Account
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STAFF COMMENTS: This bill meets the criteria for referral to the Suspense File.
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.
AB 809 (Feuer)
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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 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
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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 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.