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California 2nd Amend. Political Discussion & Activism Discuss gun rights activism and 2A related political topics here. All advice given is NOT legal counsel.

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  #1  
Old 02-16-2013, 1:29 AM
Markinsac Markinsac is offline
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Default 2013 CA SB 299 - DeSaulnier - Firearms: lost or stolen: reports

Another requirement to report a stolen firearm within 48 hours. Current exemption to the one in 30-day limit in purchasing a replacement firearm would require that the person have submitted a lost or stolen report prior to attempting to purchase a replacement.

http://leginfo.legislature.ca.gov/fa...arch_keywords=

Quote:
SB 299, as introduced, DeSaulnier. Firearms: lost or stolen: reports.
(1) Existing law requires each sheriff or police chief executive to submit descriptions of serialized property, or nonserialized property that has been uniquely inscribed, which has been reported stolen, lost, or found directly into the appropriate Department of Justice automated property system for firearms, stolen bicycles, stolen vehicles, or other property. Existing law requires that information about a firearm entered into the automated system for firearms remain in the system until the reported firearm has been found. Existing law requires the Department of Justice to implement an electronic system to receive comprehensive tracing information from each local law enforcement agency and to forward the information to the National Tracing Center.
This bill would require every person, with exceptions, to report the theft or loss of a firearm he or she owns or possesses to a local law enforcement agency in the jurisdiction in which the theft or loss occurred within 48 hours of the time he or she knew or reasonably should have known that the firearm had been stolen or lost, and requires every person who has reported a firearm lost or stolen to notify the local law enforcement agency within 48 hours if the firearm is subsequently recovered. The bill would make a violation of these provisions an infraction punishable by a fine not to exceed $100 for a first offense, an infraction punishable by a fine not to exceed $1,000 for a 2nd offense, and a misdemeanor, punishable by imprisonment in a county jail not exceeding 6 months, or by a fine not to exceed $1,000, or both that fine and imprisonment, for a 3rd or subsequent offense. The bill would make it a misdemeanor for any person to make a report to a local law enforcement agency that a firearm has been lost or stolen, knowing the report to be false.
By creating new crimes, this bill would impose a state-mandated local program.
The bill would require every sheriff or police chief to submit a description of each firearm that has been reported lost or stolen directly to the Department of Justice automated property system for firearms.
By imposing new duties on local agencies, this bill would impose a state-mandated local program.
The bill would also require that persons licensed to sell firearms post a warning within the licensed premises in block letters stating the requirement that a lost or stolen firearm be reported to a local law enforcement agency, as specified.
(2) Existing law prohibits a person from making an application to purchase more than one handgun within any 30-day period. Existing law makes an exception for the replacement of a handgun when the personís handgun was lost or stolen and the person reported the firearm lost or stolen prior to the completion of the application to purchase.
This bill would instead make the exception for the replacement of a lost or stolen handgun applicable when the person has reported the handgun lost or stolen pursuant to the provisions of this bill.
(3) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason.
With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Digest KeyVote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES
See link above for text of the law changes - too long to post here.
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Old 02-20-2013, 11:36 AM
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Dantedamean Dantedamean is offline
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Didn't Brown just veto a bill like this saying it won't do anything to stop crime?
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Old 02-20-2013, 12:11 PM
madsend81 madsend81 is offline
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I have mixed feelings on this on. While I think that every responsible gun owner should report stolen firearms, I'm not so sure that all losses of firearms (boating accident's comes to mind ) should be reported. Also making it a law requiring the reporting of a stolen firearm is not something I'm keen on. While making the 1st and 2nd violations infractions instead of outright misdemeanors sounds palatable at first, I still can't support a law that makes a victim of a crime a victim of the law at the same time.
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Old 05-08-2013, 3:51 PM
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Department of Finance opposes the bill - http://www.dof.ca.gov/legislative_analyses/
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The Legislature is in recess. We're immune from most further mischief until the next session begins, late December 2017.

There is no value at all complaining or analyzing or reading tea leaves to decide what these bills really mean or actually do; any bill with a chance to pass will be bad for gun owners.

The details only count after the Governor signs the bills.

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Old 05-08-2013, 4:00 PM
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Quote:
Originally Posted by Librarian View Post
Department of Finance opposes the bill - http://www.dof.ca.gov/legislative_analyses/
Interesting. You could easily apply the same reasoning to the pending bills that creating new crimes will increase the prison population, which in turn will put a further strain on the State's finances. If they advanced such a position for something like mandatory loss reporting, it should be no different for magazine and semiautomatic firearm bans.

ETA: They also opposed SB-475 on different grounds.

Last edited by SamsDX; 05-08-2013 at 4:04 PM..
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Old 05-08-2013, 4:11 PM
Edwood Edwood is offline
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Why not make criminals out of all victims of crime for not reporting it right away? Laws protect criminals more than victims, might as make criminals out of victims, so they can have the same level of protection. Makes sense, right?
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Old 05-08-2013, 4:34 PM
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bigdawg86 bigdawg86 is offline
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Did Brown veto a similar bill stating that responsible people will report their stolen weapons in a timely manner reguardless, and people who don't want to do it for whatever reasons (i.e. illegal weapon, felon in possession, etc) will avoid it regardless of what the bill states?
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Old 05-08-2013, 4:51 PM
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Quote:
Originally Posted by bigdawg86 View Post
Did Brown veto a similar bill stating that responsible people will report their stolen weapons in a timely manner reguardless, and people who don't want to do it for whatever reasons (i.e. illegal weapon, felon in possession, etc) will avoid it regardless of what the bill states?
SB-1366 from 2012, same bill, same legislator. the Governor's veto of that bill was mentioned in the appropriations analysis.

I don't know why DeSaulnier would think the same Governor who vetoed his bill less than a year ago would have a sudden change of heart, but I suppose a lot has changed between then and now. If at first you don't succeed, try, try again.
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Gavin Newsom is a lying, cheating slickster and will be the worst mistake California has ever made if he gets elected Governor. Hollywood movie producers look to him and his oleaginous persona as a model for the corrupt "bad guy" politician character. This guy is so greasy, he could lubricate an entire arsenal of AR-15s just by breathing on them.
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