Since the theme this week is focused on federal gun-grabbing hysteria, I thought I would add to the debacle by giving you a brief look at the way things are going here in California as the state botches enforcement of their gun laws.
It seems there is a huge surplus of funds the State of California has collected from firearm purchasers (fees meant to cover the cost of doing background checks) and rather than lower the fees as mandated by law, a brilliant Dem lawmaker — Senator Mark Leno — is proposing measure SB 140 to use those excess funds for purposes other than the law allows:
To understand why having a surplus is a problem (and, especially, why using it to support general fund matters) is improper, one must first understand how the surplus funds came to be. A $19 or $15 Dealer’s Record of Sale (DROS) fee is collected by the State of California as an integral part of every firearm transaction. These fees are exclusively paid by firearm purchasers or transferees at dealers to start the background check and 10-day waiting period. The Penal Code commands that the fee “shall be no more than is necessary” for the Department of Justice to perform only those duties expressly articulated in that section; namely, to conduct a background check on those acquiring firearms through a licensed dealer and to operate an electronic system for the sending and receiving of information related to those firearm transactions.
And just how do you suppose Senator Mark Leno wants to illegally use the excess funds?
SB 140 seeks to take an additional $24 Million of unlawfully and unconstitutionally-collected DROS funds to compensate for the failure of DOJ and more than 500 local law enforcement agencies to enforce existing gun laws.
That’s right. It seems the state Department of Justice has utterly failed to enforce the Firearms Enforcement Program — the one meant to keep guns out of the hands of people prohibited from owning them, so SB 140 wants to take the excess funds from gun purchaser’s background check fees and use them to aid DOJ in confiscating guns from people who are prohibited from owning them.
So, yeah. Let’s make things even more efficient by getting the feds involved. We’ll be so much safer, you know.
The Watercooler is always an open thread.