California 2013-2014 Regular Session Status: To Executive

SB 299 — Firearms: lost or stolen: reports.

Last action — Consideration of Governor's veto stricken from file.

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed Assembly
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2013-2014 Regular Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

(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 7 days 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 an infraction 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. The bill would not preclude or preempt a local ordinance that imposes additional penalties or requirements in regard to reporting the theft or loss of a firearm. 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 Firearms System. 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 person's 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) This bill would incorporate additional changes to Section 16520 of the Penal Code made by this bill and AB 500, and additional changes to Section 26835 of the Penal Code made by this bill and AB 231, to take effect if either or both of those bills are chaptered and this bill is chaptered last. (4) 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.

Bill Text

Action History

  1. Consideration of Governor's veto stricken from file.

  2. In Senate. Consideration of Governor's veto pending.

  3. Vetoed by the Governor.

  4. Enrolled and presented to the Governor at 7 p.m.

  5. Assembly amendments concurred in. (Ayes 23. Noes 14. Page 2301.) Ordered to engrossing and enrolling.

  6. Reconsideration granted. (Ayes 37. Noes 0. Page 2300.)

  7. Motion to reconsider made by Senator DeSaulnier.

  8. Assembly amendments concurred in. (Ayes 23. Noes 14. Page 2299.) Ordered to engrossing and enrolling.

  9. In Senate. Concurrence in Assembly amendments pending.

  10. Read third time. Passed. (Ayes 42. Noes 32. Page 3042.) Ordered to the Senate.

  11. Read second time. Ordered to third reading.

  12. Read second time and amended. Ordered to second reading.

  13. From committee: Do pass as amended. (Ayes 12. Noes 5.) (August 30).

  14. Set, first hearing. Referred to APPR. suspense file.

  15. Read second time and amended. Re-referred to Com. on APPR.

  16. From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 5. Noes 2.) (June 25).

  17. From committee with author's amendments. Read second time and amended. Re-referred to Com. on PUB. S.

  18. Referred to Com. on PUB. S.

  19. In Assembly. Read first time. Held at Desk.

  20. Read third time. Passed. (Ayes 24. Noes 15. Page 1153.) Ordered to the Assembly.

  21. Read second time. Ordered to third reading.

  22. From committee: Do pass. (Ayes 5. Noes 2. Page 719.) (April 29).

  23. Set for hearing April 29.

  24. From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 2. Page 568.) (April 16). Re-referred to Com. on APPR.

  25. From committee with author's amendments. Read second time and amended. Re-referred to Com. on PUB. S.

  26. Set for hearing April 16.

  27. Referred to Com. on PUB. S.

  28. From printer. May be acted upon on or after March 21.

  29. Introduced. Read first time. To Com. on RLS. for assignment. To print.

Sponsors

  • Alejo · Cosponsor
  • DeSaulnier · Primary
  • Ting · Cosponsor

Sponsorship breakdown

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1 sponsors · 2 co-sponsors · 119 not signed on · 8 voted No

Sponsors (1)

  • DeSaulnier

Co-sponsors (2)

  • Alejo
  • Ting

Not signed on (119)

119 members have not signed on to this bill.

Show all 119 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Unfinished Business SB299 DeSaulnier Reconsider

Passed 37 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 34002
Democratic 3000
Total 37002
% of votes cast 95%0%0%5%
How each member voted (39)
Member Party Vote
Anderson — Yea
Block — Yea
Hernandez — Yea
Huff — Yea
Lara — Yea
Liu — Yea
Pavley — Yea
Torres — Yea
Wright — Yea
Cannella — Yea
Evans — Yea
Fuller — Yea
Wyland — Yea
Galgiani — Yea
De León — Yea
Hancock — Yea
Hill — Yea
Hueso — Yea
Knight — Yea
Beall — Yea
Corbett — Yea
Leno — Yea
Lieu — Yea
Monning — Yea
Nielsen — Yea
Roth — Yea
Steinberg — Not Voting
Vidak — Yea
Walters — Not Voting
Wolk — Yea
Emmerson — Yea
Correa — Yea
DeSaulnier — Yea
Yee — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
Calderon, Lisa Democratic Yea
Jackson, Corey A. Democratic Yea
Padilla, Stephen C. Democratic Yea

Official roll call →

Unfinished Business SB299 DeSaulnier Concurrence

Passed 23 Yea · 14 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 201402
Democratic 3000
Total 231402
% of votes cast 59%36%0%5%
How each member voted (39)
Member Party Vote
Anderson — Nay
Block — Yea
Hernandez — Yea
Lara — Yea
Liu — Yea
Monning — Yea
Pavley — Yea
Vidak — Nay
Wyland — Nay
Emmerson — Nay
Correa — Nay
Evans — Yea
Leno — Yea
Lieu — Yea
Beall — Yea
De León — Yea
Steinberg — Yea
Torres — Yea
Wright — Nay
Fuller — Nay
Galgiani — Nay
Cannella — Nay
Hill — Yea
Hueso — Not Voting
Huff — Nay
Corbett — Yea
Knight — Nay
Nielsen — Nay
Roth — Yea
Walters — Not Voting
Wolk — Yea
DeSaulnier — Yea
Yee — Yea
Hancock — Yea
Beth Gaines — Nay
Bill Berryhill — Nay
Calderon, Lisa Democratic Yea
Jackson, Corey A. Democratic Yea
Padilla, Stephen C. Democratic Yea

Official roll call →

SB 299 DeSaulnier Senate Third Reading By ALEJO

Passed 42 Yea · 32 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 392804
Democratic 3100
Republican 0300
Total 423204
% of votes cast 54%41%0%5%
How each member voted (78)
Member Party Vote
Achadjian — Nay
Alejo — Yea
Ammiano — Yea
Bloom — Yea
Bradford — Yea
Brown — Not Voting
Buchanan — Yea
Harkey — Nay
Holden — Yea
Jones-Sawyer — Yea
Levine — Yea
Linder — Nay
Maienschein — Nay
Mansoor — Nay
Pan — Yea
Quirk — Yea
Ting — Yea
Wagner — Nay
Weber — Yea
Williams — Yea
Cooley — Nay
Lowenthal — Yea
Gomez — Yea
Garcia — Yea
Atkins — Yea
Gordon — Yea
Fong — Yea
Mitchell — Yea
Daly — Yea
Hall — Yea
Bonilla — Yea
Nazarian — Yea
Skinner — Yea
Fox — Nay
Bocanegra — Yea
Frazier — Nay
John A. Pérez — Yea
Gatto — Yea
Allen — Nay
Gray — Nay
Hagman — Nay
Salas — Nay
Campos — Yea
Chau — Yea
Logue — Nay
Bigelow — Nay
Chesbro — Not Voting
Chávez — Nay
Conway — Nay
Donnelly — Nay
Eggman — Not Voting
Medina — Not Voting
Melendez — Nay
Morrell — Nay
Mullin — Yea
Nestande — Nay
Olsen — Nay
Perea — Yea
Rendon — Yea
Waldron — Nay
Wieckowski — Yea
Wilk — Nay
Dickinson — Yea
Yamada — Yea
Gorell — Nay
Beth Gaines — Nay
Jim Patterson — Nay
Lorena Gonzalez — Yea
Mark Stone — Yea
Roger Hernández — Yea
V. Manuel Pérez — Nay
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Muratsuchi, Al Democratic Nay
Quirk-Silva, Sharon Democratic Yea
Dahle, Megan Republican Nay
Grove, Shannon Republican Nay
Jones, Brian W. Republican Nay

Official roll call →

Do pass as amended.

Passed 12 Yea · 5 Nay
Party YeaNayPresentNot Voting
Unaffiliated 11500
Democratic 1000
Total 12500
% of votes cast 71%29%0%0%
How each member voted (17)
Member Party Vote
Bradford — Yea
Linder — Nay
Pan — Yea
Quirk — Yea
Wagner — Nay
Weber — Yea
Bocanegra — Yea
Holden — Yea
Eggman — Yea
Gatto — Yea
Campos — Yea
Harkey — Nay
Donnelly — Nay
Bigelow — Nay
Gomez — Yea
Hall — Yea
Calderon, Lisa Democratic Yea

Official roll call →

3rd Reading

Passed 24 Yea · 15 Nay
Party YeaNayPresentNot Voting
Unaffiliated 211500
Democratic 3000
Total 241500
% of votes cast 62%38%0%0%
How each member voted (39)
Member Party Vote
Anderson — Nay
Beall — Yea
Block — Yea
Hueso — Nay
Leno — Yea
Price — Yea
Roth — Yea
Steinberg — Yea
Walters — Nay
Emmerson — Nay
DeSaulnier — Yea
Wright — Nay
Wyland — Nay
Cannella — Nay
De León — Yea
Evans — Yea
Galgiani — Nay
Corbett — Yea
Hernandez — Yea
Hill — Yea
Correa — Nay
Huff — Nay
Knight — Nay
Lara — Yea
Lieu — Yea
Liu — Yea
Monning — Yea
Nielsen — Nay
Pavley — Yea
Torres — Yea
Wolk — Yea
Fuller — Nay
Yee — Yea
Hancock — Yea
Beth Gaines — Nay
Bill Berryhill — Nay
Calderon, Lisa Democratic Yea
Jackson, Corey A. Democratic Yea
Padilla, Stephen C. Democratic Yea

Official roll call →

Do pass.

Passed 5 Yea · 2 Nay
Party YeaNayPresentNot Voting
Unaffiliated 4200
Democratic 1000
Total 5200
% of votes cast 71%29%0%0%
How each member voted (7)
Member Party Vote
Hill — Yea
Lara — Yea
Steinberg — Yea
De León — Yea
Walters — Nay
Beth Gaines — Nay
Padilla, Stephen C. Democratic Yea

Official roll call →

Subjects

public-safety civil-rights
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Frequently asked questions

What does SB 299 do?
(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 7 days 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 an infraction 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. The bill would not preclude or preempt a local ordinance that imposes additional penalties or requirements in regard to reporting the theft or loss of a firearm. 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 Firearms System. 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 person's 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) This bill would incorporate additional changes to Section 16520 of the Penal Code made by this bill and AB 500, and additional changes to Section 26835 of the Penal Code made by this bill and AB 231, to take effect if either or both of those bills are chaptered and this bill is chaptered last. (4) 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.
Who sponsors SB 299?
SB 299 is sponsored by Alejo, DeSaulnier, and Ting.
What is the current status of SB 299?
This bill died with 2013-2014 Regular Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track SB 299?
Track SB 299 free on One Click Politics — get push/email alerts when it moves.

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