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    New CA Laws Aim to Reduce Hate Crime and Gun Violence

    By Phil Ting–

    California just released its 2023 hate crime numbers, and I am happy to see that, overall, there were fewer cases reported—from 2,120 in 2022 to 1,970 last year, down 7.1%. But some categories, including incidents that target LGBTQ+ members, went up. Cases motivated by:

    • sexual orientation increased by 4.1%;
    • anti-transgender bias jumped 10.2%;
    • and anti-LGBTQ+ hate spiked 86.4%.

    I fear the numbers could actually be worse across various categories. People may not be reporting their hate crime to police and/or law enforcement agencies. Without data, we can’t address the problem.
    But that will soon change, as a result of a new law I authored, AB 449, which took effect this month. It requires all law enforcement agencies in California to institute a hate crimes policy and follow specific guidelines when responding to such incidents.

    It’s hard to believe there are some jurisdictions in our state that have zero hate crimes reported. That’s likely because they treat those cases like any other. In 2018, the State Auditor found that California’s hate crimes are underreported by 14% due, in part, to outdated or nonexistent policies—all of which contribute to an incomplete picture of hate in our state.

    With AB 449 now in place, people may now be more comfortable reporting the hate they’ve encountered. With more victims coming forward and authorities classifying these cases like they should, my hope is the new, more accurate numbers will guide us on what other laws or resources we need to prevent hate crimes. Look at what happened when Asian hate surged, as COVID-19 spread. Frustrations over shutdowns and restrictions were violently taken out on members of the AAPI community, whose members were wrongly blamed for the pandemic. As the state invested in preventative measures, services for victims and education programs, Asian hate decreased steadily. We can do the same for other communities once we have the data.

    The other bill of mine that just went into effect aims to increase public safety for all. AB 1587 can help prevent gun violence by bringing in financial institutions as partners to flag suspicious activity. This legislation has two phases of implementation. A new merchant category code (MCC) must be available now to assign to firearms and ammunitions retailers, allowing them to alert authorities when unusually large purchases are made. Then by May 2025, businesses must start using the code.

    MCCs are 4-digit codes used all around the world, and each one is assigned to particular types of products or services. In 2022, the International Organization for Standardization (ISO) established one for the gun industry, bringing them in line with virtually all other retailers. Most everyday charges on our credit cards have an MCC tied to them. That’s how our banks and credit unions are able to give points to their customers for certain purchases. Prior to having a code, firearms and ammunitions purchases were coded as “sporting goods” or “other.”

    Credit card issuers are already trained to submit Suspicious Activity Reports to the federal government when they suspect activities are reflective of crimes, such as human trafficking, terrorism, and fraud. The inclusion of gun and ammunition purchases could be impactful because between 2007 and 2018, credit cards were used to finance at least eight major mass shootings. Gun safety advocates say law enforcement might have prevented these shootings had financial institutions alerted authorities.

    That’s powerful. We must use every tool possible to end our gun violence epidemic—especially now since U.S. Surgeon General Vivek Murthy recently declared gun violence a public health crisis, with more than 48,000 firearm-related deaths in 2022. In fact, gun violence is the leading cause of death for children and teens. Let’s do better.

    Phil Ting represents the 19th Assembly District, which includes the west side of San Francisco along with the communities of Broadmoor, Colma, and Daly City, as well as part of South San Francisco and San Bruno.

    Assemblymember Phil Ting
    Published on July 11, 2024