House set to vote today on increasing funds to states for background checks

Joe Link · May 29, 2014

I didn't see anything about this on here.

http://thehill.com/homenews/house/207531-bipartisan-push-to-bolster-gun-background-checks

AMProducts · May 29, 2014

So the states need more funding to perform basic functions of government? Also, at least two states that I know of maintain their own database of "prohibited persons" specifically california and oregon. In california (where I used to work at the retail end of the firearm business) we had to submit forms electronically to the state DROS system, so CA-DOJ could pick through and either confirm or deny the sale, and they had 10 days to do it.

Also, there was so much money in the DOJ DROS fund a few years ago the DOJ raided it to use the money for other programs.

The fact is, politicians give nothing but lip service to doing anything about the issue of spree killings, because every time one happens, they get to pass more laws that never would have met muster to a calm and rational populace.

http://www.prnewswire.com/news-rele...firearm-background-check-funds-205688451.html

SACRAMENTO, Calif., May 1, 2013 /PRNewswire/ -- Governor Jerry Brown today signed Senator Mark Leno and Senate President pro Tem Darrell Steinberg's SB 140, which takes $24 Million from a fund designated for firearm background checks and mis-appropriates it to other, unauthorized Department of Justice programs. Notably, the Department is also seeking an additional budget allocation of $4 Million to replace some of the $24 Million lost through SB 140.

(Logo: http://photos.prnewswire.com/prnh/20130412/SF94281LOGO)

For years, the DOJ unlawfully over-collected Dealers Record of Sale (DROS) fees from firearm acquirers, amassing a surplus of millions of dollars. According to state law, the DROS funds had one purpose -- to support the DROS electronic background check system itself.

"SB 140 is nothing less than the State of California profiting from years of unconstitutional overcharges by the California Department of Justice," said Brandon Combs, executive director of The Calguns Foundation. "Senator Leno's two-step theft of law abiding gun owners' money is begging for public scrutiny, perhaps even litigation."

Significantly, instead of using the DROS surplus to improve the integrity of the background check process and fulfill the state's mandate to have an effective and efficient background check system, SB 140 plays a monetary shell game in order to fund the DOJ's "Armed and Prohibited System," a program that relies upon the DOJ's admittedly "shoddy" Automated Criminal History System.

On July 17, 2011, the Los Angeles Times reported that the criminal records system maintained by the California Department of Justice is "so poorly maintained that it routinely fails to alert officials to a subject's full criminal history....California has a shoddy system for collecting case results from 58 county courts and hundreds of local prosecutors and police agencies....[t]he final outcome -- guilty, not guilty, case dismissed -- is missing for about 7.7 million of the 16.4 million arrest records entered into the state computers over the last decade [alone]," said Travis LeBlanc, a special assistant attorney general who oversees technology operations for the DOJ.

"In other words," explained Combs, "the DOJ's Automated Criminal History System lacks sufficient information to determine whether an individual firearm buyer is prohibited from possessing firearms or not."

As Bloomberg News reported in March of this year, California DOJ admitted that "merely being in a database of registered gun owners and having a 'disqualifying event,' such as a felony conviction or restraining order, isn't sufficient evidence for a search warrant....the agents often must talk their way into a residence to look for weapons."

"The bottom line is that SB 140 put the cart before the horse," explained Combs. "Instead of using the money like they were supposed to, making sure the databases are accurate so that prohibited people don't walk out of gun stores with guns, DOJ will now go around the state knocking on doors, begging people to give up guns they may or may not have. It's like a Saturday Night Live skit of 'California policymaking meets law enforcement' - except, unfortunately, law-abiding California taxpayers and gun owners are the punchline here."

The Calguns Foundation sued DOJ and Attorney General Kamala Harris in April over improper and excessive DROS delays to gun purchases, issues caused by DOJ under-staffing the background check program, and taking actions that exceed their statutory authority - all while DOJ was sitting on the $24 Million DROS fund surplus. That lawsuit can be viewed at <broken link removed> .

-- ROLL CALL --

These CA Senators voted to pass SB 140:

Anderson, Beall, Berryhill, Block, Calderon, Cannella, Corbett, Correa, De León, DeSaulnier, Emmerson, Evans, Gaines, Galgiani, Hancock, Hernandez, Hill, Hueso, Huff, Jackson, Knight, Lara, Leno, Lieu, Liu, Monning, Nielsen, Padilla, Pavley, Price, Roth, Steinberg, Walters, Wolk, Wright, Wyland, Yee.

These CA Assembly members voted to pass SB 140:

Achadjian, Alejo, Allen, Ammiano, Atkins, Bloom, Blumenfield, Bocanegra, Bonilla, Bonta, Bradford, Brown, Buchanan, Ian Calderon, Campos, Chau, Chesbro, Conway, Cooley, Daly, Dickinson, Eggman, Fong, Fox, Frazier, Garcia, Gatto, Gomez, Gordon, Gorell, Gray, Hagman, Hall, Harkey, Roger Hernández, Jones-Sawyer, Levine, Linder, Maienschein, Medina, Mitchell, Morrell, Mullin, Muratsuchi, Nazarian, Nestande, Olsen, Pan, Perea, V. Manuel Pérez, Quirk, Quirk-Silva, Rendon, Salas, Skinner, Stone, Ting, Torres, Wagner, Weber, Wieckowski, Wilk, Williams, Yamada, John A. Pérez.

The following CA Assembly members voted against SB 140:

Bigelow, Chávez, Dahle, Donnelly, Beth Gaines, Grove, Jones, Melendez, Patterson, Waldron.

No CA Senators voted to oppose the measure.

The following special interests, elected officials, and municipalities supported SB 140:

American Federation of State, County and Municipal Employees
Brady Campaign to Prevent Gun Violence
California District Attorneys Association
California Medical Association
California Statewide Law Enforcement Association
Chief Probation Officers of California
City of Los Angeles
Coalition Against Gun Violence
County of Los Angeles
Kamala D. Harris, Attorney General
Peace Officers Research Association of California
Violence Prevention Coalition
Women Against Gun Violence

The Calguns Foundation would like to thank the National Shooting Sports Foundation, National Rifle Association, California Rifle and Pistol Association, a number of other outdoor and sporting groups, and hundreds of private individuals for their vigorous opposition to the bill.

The Calguns Foundation (www.calgunsfoundation.org) is a 501(c)3 non-profit organization which serves its members and the public by providing Second Amendment-related education, strategic litigation, and the defense of innocent California gun owners from improper or malicious prosecution. The Calguns Foundation seeks to inform government and protect the rights of individuals to acquire, own, and lawfully use firearms in California. Supporters may visit http://www.calgunsfoundation.org/donate to join or donate to CGF.