BILL ANALYSIS
AB 1471
Page 1
ASSEMBLY THIRD READING
AB 1471 (Feuer)
As Amended April 10, 2007
Majority vote
PUBLIC SAFETY 7-0 APPROPRIATIONS 12-5
-----------------------------------------------------------------
|Ayes:|Solorio, De La Torre, |Ayes:|Leno, Caballero, Davis, |
| |Leno, Ma, Portantino | |DeSaulnier, Huffman, |
| | | |Karnette, Krekorian, |
| | | |Lieu, Ma, Nava, Solorio, |
| | | |Evans |
| | | | |
|-----+--------------------------+-----+--------------------------|
|Nays:|Aghazarian, Anderson |Nays:|Walters, Emmerson, La |
| | | |Malfa, Nakanishi, Sharon |
| | | |Runner |
| | | | |
-----------------------------------------------------------------
SUMMARY : Requires specified semiautomatic pistols to be
equipped with microscopic identifying markings which are
transferred to each cartridge case when the firearm is fired.
Specifically, this bill :
1)States, beginning January 1, 2010, all semiautomatic pistols
not already designated as safe handguns, as specified, to be
equipped with microscopic characters that identify the make,
model, and serial number of the pistol etched in two or more
places on the interior surface or internal working parts of
the pistol which are transferred by imprinting on each
cartridge case when the firearm is fired.
2)Makes other technical, non-substantive changes.
EXISTING LAW :
1)Requires, commencing January 1, 2001, that manufacturing,
importing into California for sale, keeping for sale, offering
or exposing for sale, giving, or lending any unsafe handgun is
a misdemeanor, punishable by up to one year in the county
jail.
2)Defines "unsafe handgun" as any pistol, revolver, or other
AB 1471
Page 2
firearm capable of being concealed upon the person, as
specified, which lacks various safety mechanisms, as
specified.
3)Requires any concealable firearm manufactured in California,
imported for sale, kept for sale, or offered for sale to be
tested within a reasonable period of time by an independent
laboratory, certified by the Department of Justice (DOJ), to
determine whether it meets required safety standards, as
specified.
4)Requires DOJ, on and after January 1, 2001, to compile,
publish, and thereafter maintain a roster listing all of the
pistols, revolvers, and other firearms capable of being
concealed upon the person that have been tested by a certified
testing laboratory, have been determined not to be unsafe
handguns, and may be sold in California, as specified. The
roster shall list, for each firearm, the manufacturer, model
number, and model name.
5)Provides that DOJ may charge every person in California who is
licensed as a manufacturer of firearms, as specified, and any
person in California who manufactures or causes to be
manufactured, imports into California for sale, keeps for
sale, or offers or exposes for sale any pistol, revolver, or
other firearm capable of being concealed upon the person in
California, an annual fee not exceeding the costs of
preparing, publishing, and maintaining the roster of firearms
determined not be unsafe, and the costs of research and
development, report analysis, firearms storage, and other
program infrastructure costs, as specified.
6)Requires DOJ to maintain a registry of all handguns sold by a
licensed dealer in California including, but not limited to,
the buyer's name, address and other identifying information,
as well as the serial number of the weapon sold.
FISCAL EFFECT : According to the Assembly Appropriations
Committee, unknown, likely minor, non-reimbursable local law
enforcement costs for increased county jail commitments for
misdemeanor possession or sale of unsafe handguns, the category
of which would expand pursuant to this bill.
COMMENTS : According to the author, "This bill is about catching
AB 1471
Page 3
criminals. This bill will allow law enforcement to positively
link used cartridge casings recovered at crime scenes to the
crime gun. This bill will: (a) help law enforcement solve
handgun crimes; (b) help reduce gang violence; and, (c) help
reduce gun trafficking of new semi-automatic handguns.
"One of the most important pieces of this legislation is that it
places no additional burden to gun owners. The additional cost
will be $0.50 to $2 a gun and no new licenses or permits are
required.
"California has an enormous and diverse problem of unsolved
homicides committed with handguns. No arrest is made in
approximately 45% of all homicides in California because police
lack the evidence they need. Of the approximately 2,400
homicides in California per year over 60% are committed with
handguns (2004 DOJ data). Approximately 70% of new handguns
sold in California are semiautomatics ('Handgun Commerce in
California 1999,' Sacramento: Violence Prevention Research
Program, 2002).
"Microstamping technology would give law enforcement a tool that
will provide evidence to help investigate, arrest and convict
more people who use semiautomatic handguns in crimes and will
provide rapid leads in the first crucial hours after a homicide.
"This bill will help law enforcement identify and apprehend
armed gang members before they inflict more harm on others,
including innocent bystanders. In instances of drive-by
shootings where the only evidence at the crime scene may be a
spent cartridge case, law enforcement could quickly obtain a
critical lead."
Please see the policy committee analysis for full discussion of
this bill.
Analysis Prepared by : Kimberly Horiuchi / PUB. S. / (916)
319-3744
FN: 0000756