CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill
No. 2714

Introduced by Assembly Member Gloria

February 20, 2020

An act to amend Section 11108.3 of the Penal Code, relating to firearms.


LEGISLATIVE COUNSEL'S DIGEST


AB 2714, as introduced, Gloria. Firearms: tracing.
Existing law directs law enforcement agencies, as defined, to submit the description of a firearm that has been reported stolen, lost, found, recovered, or under observation directly to an automated Department of Justice system.
Existing law also requires these law enforcement agencies to report to the Department of Justice any information in their possession necessary to identify and trace the history of a recovered firearm that is illegally possessed, has been used in a crime, or is suspected of having been used in a crime.
Existing law requires the department to maintain this data for at least 10 years and make it available, as specified, for academic and research purposes.
This bill would require the department to analyze the data as specified and, by no later than January 1, 2022, and annually thereafter, submit a report to the Legislature summarizing this analysis.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 11108.3 of the Penal Code is amended to read:

11108.3.
 (a) In addition to the requirements of Section 11108.2 that apply to a law enforcement agency’s duty to report to the Department of Justice the recovery of a firearm, a law enforcement agency described in Section 11108.2 shall, and any other law enforcement agency or agent, including but not limited to a federal or tribal law enforcement agency or agent, may, report to the department in a manner determined by the Attorney General in consultation with the Bureau of Alcohol, Tobacco, Firearms and Explosives all available information necessary to identify and trace the history of all recovered firearms that are illegally possessed, have been used in a crime, or are suspected of having been used in a crime, within seven calendar days of obtaining the information.
(b) When the department receives information from a law enforcement agency pursuant to subdivision (a), it shall promptly forward this information to the National Tracing Center of the federal Bureau of Alcohol, Tobacco, Firearms and Explosives to the extent practicable.
(c) In implementing this section, the Attorney General shall ensure to the maximum extent practical that both of the following apply:
(1) The information he or she provides provided to the federal Bureau of Alcohol, Tobacco, Firearms and Explosives enables that agency to trace the ownership of the firearm described in subdivision (a).
(2) Law enforcement agencies can report all relevant information without being unduly burdened by this reporting function.
(d) Information collected pursuant to this section shall be maintained by the department for a period of not less than 10 years, and shall be available, under guidelines set forth by the Attorney General, for academic and policy research purposes.
(e) The department shall, on an ongoing basis, analyze the information collected pursuant to this section for trends relating to the sources and origins of firearms used in crimes.
(f) The department shall, by no later than January 1, 2022, and annually thereafter, submit a report to the Legislature summarizing the analysis completed pursuant to subdivision (e). This report shall be submitted in compliance with Section 9795 of the Government Code.

(e)

(g) The Attorney General may issue regulations to further the purposes of this section.