HomeMy WebLinkAboutMINUTES - 01051988 - 1.55 TO BbARD OF SUPERVISORS
FROM: Phil Batchelor Contra
County Administrator
DATE; December 21, 1987
SUBJECT: Handgun Legislation: , AB 768 (Margolin)
and S 466 (Metzenbaum)
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION
RECOMMENDATION•
Acknowledge receipt of the following report of the County
Administrator on legislation relating to the purchase and
carrying of handguns.
BACKGROUND'.-
on
ACKGROUND:On October 27, 1987 , at the request of Supervisor . Fanden, the
Board of Supervisors referred to our office AB 768 by Assemblyman
Margolin and S 466 by Senator Metzenbaum of Ohio. This office
was requested to report on the status of both bills and track
them through the legislative session.
AB 768 (Margolin) would make it a felony in all instances for any
person to carry within the driver' s compartment of any vehicle
any concealable firearm without having a license to carry that
firearm. Under current law, a person is guilty of a misdemeanor
if he or she carries a concealable firearm concealed within a
vehicle. This crime is a felony only upon subsequent conviction
of the same offense. The changes in law are, , therefore:
1. The law is tightened to prohibit carrying a concealable
weapon in the driver' s compartment of a vehicle even if
the weapon is not concealed.
2. The law is also tightened up to make a first conviction
a felony rather than making the first conviction a
misdemeanor and subsequent violations felonies.
AB 768 passed the Assembly Public Safety Committee on August 24 ;
1987 by a vote of 5: 0. However, , on August 31, 1987 , AB 768
failed passage in the Assembly Ways & Means Committee by a vote
of 8 :9, with 12 votes required for passage. The author was
granted reconsideration so the bill could be heard again in
January. AB 768 must pass the Assembly Ways and Means Committee
and the Assembly floor by the end of January 1988 in order to
remain alive during the second year of the Session.
CONTINUED ON ATTACHMENT: YES SIGNATURE;
X RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
X APPROVE OTHER
E I GNATURE(S): Cif 1iC�✓�l�C." (l�1Xfl�� C��Z�Lz/ter _
ACTION OF BOARD ON Januar 5. 1988 ',�!y'+ROVED AS RECOMMENDED OTHER
VOTE OF SUPERVISORS
,,- I HEREBY CERTIFY THAT THIS IS A TRUE
X UNANIMOUS (ABSENT AND CORRECT COPY OF AN ACTION TAKEN
AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD
ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN.
CC: County Administrator ATTESTED
Sheriff-Coroner PH BATCHELOR, CL RK F THE BOARD OF
SUPERVISORS AND COUNTY 'ADMINISTRATOR
BY ° ,DEPUTY
M382/1-83 —
t _
Page 2
S 466 was introduced in the United States Senate by Senator
Howard Metzenbaum of Ohio on February 4, 1987 and was referred to
the Senate Judiciary Committee. S 466 requires a person to wait
seven days to purchase a handgun so, local law enforcement
authorities have the . opportunity to conduct a background check of
the potential purchaser. No action has been taken to date on S
466 .
Attached is a copy of AB 768 , as amended September 4 ; 1987 , a
copy of S 466, and a copy of Senator Metzenbaum' s statement made
when he introduced S 466. This office will continue to track
. both pieces of legislation and will advise the Board of any
action on either bill.