SB 1038 (Blakespear) – Opposition Letter

March 12, 2024 –

Dear Senator Blakespear:

I am writing to express Gun Owners of California’s opposition to your SB 1038, which alters one of the provisions of 2016’s Proposition 63 by reducing the current requirement to report a stolen firearm within 5 days to just 48 hours.

Without question, no one will argue that it’s important to inform law enforcement when a firearm is missing or stolen; the issue with this proposal, however, is that the reporting time frame is exceedingly restrictive and thus places lawful individuals at risk of unknowingly breaking the law.  The original five-day mandate drew concern from law enforcement and the courts because the enforcement provisions are primarily focused on the law abiding and thus places an unrealistic burden on gun owners. The bill would essentially force them to routinely take inventory of their belongings – which are required to be under lock and key.  It could be weeks before someone knows whether a secured firearm has been stolen; this bill shifts the focus from the criminal and places it on the responsible, lawful person.

Further, the requirement for a dealer to annually certify their inventory is unnecessarily onerous.  Under current California law, dealers are already inspected biannually by DOJ – with additional inspections by the Bureau of Alcohol, Tobacco, Firearms and Explosives – each of which include a complete inventory of guns.  Thus, this provision is redundant and appears punitive.

Our organization has a 40-year history of fighting for effective crime control and opposing ineffective gun control.  The safety of Californians is at the very foundation of our mission, and it has been our consistent goal to work toward common sense solutions regarding the issue of crime and firearm ownership; this can be achieved, however, without sacrificing our Constitutional rights and the ability of the law abiding to protect their families.

 

Respectfully,

 

Sam Paredes, Executive Director