Alejo's Gun Trafficking Bill Passes Vote

Contributed by the Office of Luis Alejo:

Assemblymember Luis Alejo (whose district includes Watsonville and Gilroy) had his AB 740 pass the Assembly Public Safety committee with a 5-2 vote.

AB 740 addresses several issues relating to firearms, most prominently gun trafficking in California and the reporting by the courts of individuals adjudicated as mentally unfit to own, possess or control a firearm. 

This bill is part of a larger package of firearm legislation being introduced by Alejo and five other concerned members of the State Assembly.

“I support the 2nd Amendment,” said Alejo. “But I have seen too many families torn apart by criminal behavior involving firearms, and I am not going to sit by idly and wait for more. The safety of our children and families has to be top priority and I am willing to fight for their protection.”

AB 740 reflects a number of concerns that have been raised as to the State's ability under current state code to regulate the activities of California residents going outside of California, acquiring ownership of firearms and then physically bringing them back into the state. It is agreed that this importation conduct violates current federal law, but there are ambiguities as to the state's jurisdictional authority. 

Federal law mandates “direct ship,” which means that guns can be acquired outside of the state, but, to be possessed and received in-state, the transaction has to be brokered through a federal firearms licensee (who in California also has to be state licensed) for pickup in accordance with California law. That includes background checks, the waiting period, registration, etc. But, it’s unclear if this also violates state law. AB 740 makes clear it does. 

“Every day, guns are being purchased across state lines in Nevada and Arizona, trafficked into California, and sold to criminals on our streets,” said Alejo. “I represent the city of Salinas, which has one of the highest rates of gun violence amongst youths in the nation. These youths are getting guns through illegal transactions from out of state purchasers, and I am confident that this bill will cut down on the number of guns on our most vulnerable city’s streets.”

In addition to the gun trafficking provisions, this bill would also require the courts to electronically report to the California Department of Justice information regarding individuals adjudicated as unfit to own, possess, or control a firearm.

“I was pleased that we were able to get AB 740 out on a 5-2 vote,” says Alejo.  “AB 740 will give state law enforcement the tools to enforce what in many cases is now federal law, and further deter illegal and reckless firearm conduct. This bill will not affect those who abide by the law, only those who break it."

Next, this bill will be heard in the Assembly Appropriations Committee and analyzed with regard to its fiscal impact on the courts.