BILL ANALYSIS
AB 50
Page 1
Date of Hearing: April 29, 2003
Counsel: Fredericka McGee
ASSEMBLY COMMITTEE ON PUBLIC SAFETY
Mark Leno, Chair
AB 50 (Koretz) - As Amended: April 10, 2003
As Proposed to be Amended in Committee
SUMMARY : Adds the .50 caliber BMG rifle to the list of
dangerous weapons and creates new felonies for the manufacture,
sale, or possession without a permit of this firearm.
Specifically, this bill :
1)Provides that any person who commits an assault with a .50 BMG
rifle is guilty of a felony, punishable by 4, 8, or 12 years
in state prison.
2)Provides that any person who commits an assault against a
peace officer or firefighter with a .50 BMG rifle is guilty of
a felony, punishable by 6, 9, or 12 years in state prison.
3)Provides that registration information regarding any person
who possesses or owns a .50 BMG rile shall be included in the
Prohibited Armed Person File maintained by the Department of
Justice (DOJ).
4)Provides that any person who manufactures, imports, sells,
gives, lends, or possesses any .50 BMG cartridge ammunition is
guilty of an alternate felony/misdemeanor, punishable by up to
one year in county jail or 16 months, 2 or 3 years in state
prison, except if it is:
a) A relic, curio, memorabilia or display item;
b) Permanently altered to prevent use of live ammunition;
c) Possessed or owned by or for a federal, state, county,
city and county, or city law enforcement agency;
d) Possessed or owned by or for a sworn peace officer who
is authorized to carry a firearm in the scope and course of
his or her employment;
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e) Possessed or owned by a state-licensed firearms dealer;
f) Lent between two individuals, as specified;
g) Possessed or owned by a person returning to California
who legally possessed the ammunition in California prior to
January 1, 2004;
h) Given or lent to a gunsmith for maintenance or repair
and subsequently returned to the owner;
i) The person has a DOJ permit authorizing possession,
transportation or sale;
j) Being manufactured for export to sworn peace officers
for use within the course and scope of their employment,
law enforcement departments and agencies, governmental
agencies or the military;
aa) Being loaned for use as a prop in a motion picture,
television, or video production; or,
bb) Being purchased by a special weapons permit holder for
specified purposes.
5)Provides that any person who may legally manufacture, import,
keep for sale, sale, offer, lend, or possess a .50 BMG rifle
may legally possess the .50 BMG cartridge.
6)Defines a ".50 BMG cartridge" as being :
a) 5.54 inches long from the base to the tip of the bullet.
b) A cartridge measuring 0.510 of an inch to, and
including, 0.511 of an inch in diameter.
c) A case base diameter for the cartridge measuring 0.800
or an inch to, and including, 0.804 of an inch.
d) The cartridge case length is 3.910 inches; or,
e) A center-fire cartridge in 50 caliber or .50 BMG.
7)Provides that where a person uses a .50 BMG rifle during the
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commission of a felony, he or she shall be subject to all the
same sentencing enhancements that currently apply to the use
of a firearm.
8)Allows the DOJ to issue permits for possession,
transportation, or sale of .50 BMG cartridges.
9)Amends the title of the assault weapons act and tombstones the
provisions of this bill to also be called the "Koretz .50 BMG
Rifle Control Act of 2003."
10)Codifies legislative findings and declarations that .50 BMG
rifles pose a clear and present terrorist threat to the
health, safety and security of all residents and states that
it is the legislative intent to establish a registration and
permit process for the lawful sale and possession of the .50
BMG rifle.
11)Defines a ".50 BMG rifle" as a center-fire rifle designed or
redesigned to fire the .50 BMG cartridge and provides an
exemption for any antique firearm.
12)Provides that any person who unlawfully manufactures a .50
BMG rifle is guilty of a felony, punishable by four, six or
eight years in state prison. Certain exemptions are provided
where the firearm is being manufactured for specified sworn
peace officers and law enforcement departments and agencies.
13)Provides that where a person transfers a .50 BMG to a minor,
a one-year enhancement will be added to the sentence for the
underlying crime.
14)Provides that any person who unlawfully possesses a .50 BMG
rifle is guilty of a public offense, punishable by
imprisonment in the state prison for 16 months, 2 or 3 years
or by imprisonment in the county jail not exceeding one year.
However, if the person presents proof the weapon was lawfully
possessed prior to the effective date of the Act, it is
punishable as an infraction.
15)Includes the .50 BMG rifle within the assault weapons
provisions which generally make it a felony to manufacture,
distribute, transport, import, keep for sale, offer, give or
lend the firearm, with the standard exemptions provided to
sworn peace officers and law enforcement departments and
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agencies.
16)Requires a law enforcement officer who possesses or receives
a .50 BMG rifle before January 1, 2004 to register the rifle
by July 1, 2004; where the officer receives the .50 BMG rifle
after January 1, 2004, he or she is required to register the
firearm within 180 days of receipt of the firearm.
17)Allows the lawful manufacture of .50 BMG rifles where the
person obtains a DOJ permit.
18)Provides many of the same standard exemptions for the .50 BMG
rifle currently are provided under several assault weapon
provisions (e.g., manufacturing the firearm for law
enforcement, an inheritance, or lending and transporting to a
.50 BMG rifle competitive match or league).
19)Requires that a person who lawfully possesses a .50 BMG rifle
as of December 31, 2003 must register the firearm within 180
days with DOJ.
20)Authorizes DOJ to charge a $25 processing fee for
registration and allows that fee to be adjusted based on the
legislatively approved cost-of-living index.
21)Prohibits the transfer of a .50 BMG rifle other than to a
licensed gun dealer, as specified and with the standard
exceptions.
22)Establishes a method to register a lawfully owned .50 BMG
rifle and provides that a person who registered his or her .50
BMG rifle as an assault weapon will not be required to
re-register that firearm.
23)Requires that a person who lawfully possesses a .50 BMG rifle
registered with DOJ and intends to use it in a manner other
than at a target range, shooting club, while attending a
exhibition, or transporting the firearm under specified
conditions to obtain a permit authorizing the special uses
from DOJ.
24)Provides that a person must obtain a permit from DOJ to
lawfully acquire a .50 BMG rifle after January 1, 2004.
25)Authorizes DOJ to issue a permit to a federally licensed
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manufacturer, upon a finding of good cause for the manufacture
of the .50 BMG rifle.
26)Provides that a person may relinquish a .50 BMG rifle to a
police or sheriff's department, as specified.
27)Provides the standard provisions relative to broadcast
guidelines also provided for assault weapons.
28)Requires DOJ to conduct an education campaign to .50 BMG
rifle dealers and national associations consisting of
providing materials relative to the provisions of this bill to
.50 BMG rifle dealers and recognized national associations.
29)Authorizes a licensed firearm dealer to transport, display at
gun shows, sell and transfer for the purposes of servicing and
repair of a .50 BMG rifle, as specified.
30)Makes other minor technical amendments.
EXISTING LAW :
1)Generally requires that the sale, loan or transfer of a
firearm (handguns, rifles and shotguns) in California must be
conducted through a state-licensed firearms dealer or through
a local sheriff's department in counties of less than 200,000
population. This requirement is applicable to both purchases
from a licensed firearms dealer and private-party
transactions, which must be made through a licensed dealer or
a local sheriff's department in smaller counties. A 10-day
waiting period, background check, and handgun safety
certificate for handgun transfers are required prior to
delivery of the firearm. [Penal Code Sections 12072(c) and
(d) and 12084.]
2)Requires a license for persons to manufacture firearms in
California. (Penal Code Section 12085.)
3)Provides that any person, firm or corporation possessing or
transporting a machinegun and does not qualify under one of
the statutory exceptions is guilty of a felony, punishable by
four, six or eight years in state prison or by a fine not to
exceed $10,000. [Penal Code Section 12220(a).]
4)Defines a "machinegun" as any weapon that fires more than one
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shot automatically without manual reloading, by a single
function of the trigger, any part or combination of parts
designed and intended for use in converting, and any weapon
deemed by the federal Bureau of Alcohol, Tobacco, and Firearms
(ATF) as readily convertible to a machinegun. (Penal Code
Section 12200.)
5)Authorizes DOJ to issue and revoke permits for the possession,
manufacture, transportation and sale of machineguns. (Penal
Code Sections 12230, 12233 and 12250.)
6)Prohibits selling, manufacturing, distributing, transporting,
importing, possessing or lending semi-automatic assault
weapons in California. (The Roberti-Roos Assault Weapons
Control Act of 1989, including Penal Code Section 12280.)
7)Provides that any person who unlawfully manufactures an
assault weapon is guilty of a felony, punishable by
imprisonment in the state prison for four, six, or eight
years. [Penal Code Section 12280(a).]
8)Provides that any person who unlawfully possesses an assault
weapon is guilty of a public offense, punishable by
imprisonment in the state prison for 16 months, 2 or 3 years
or by imprisonment in the county jail not exceeding one year.
However, if the person presents proof the weapon was lawfully
possessed prior to the effective date of the Act, it is
punishable as an infraction. [Penal Code Section 12280(b).]
9)Allows a person who lawfully possessed an assault weapon prior
to June 1, 1989 to register the weapon with the DOJ and to
keep the weapon under specified restrictions. (Penal Code
Section 12285.)
10)Provides a generic definition of "assault weapons" and makes
manufacturing, importing, selling, lending, or giving a
large-capacity magazine (any ammunition feeding device with
the capacity to accept more that 10 rounds) an alternate
felony/misdemeanor with specified exceptions. [Penal Code
Section 12276.1.(a).]
11)Contains a list which enumerates, by model and manufacturer,
semiautomatic rifles, pistols, and shotguns deemed to be
assault weapons. [Penal Code Section 12276.]
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12)Authorizes the Attorney General to file a petition in
superior court to declare that additional weapons are
prohibited because they are essentially identical to weapons
on the list of prohibited assault weapons. [Penal Code
Section 12276.5(a).]
FISCAL EFFECT : Unknown
COMMENTS :
1)Author's Statement : According to the author, "[t]he
fifty-caliber sniper rifle is one of the United States
military's highest-powered rifles, capable of ripping through
armored limousines. It is said to be able to punch holes
through military personnel carriers at a distance of 2,000
yards, the length of 20 football fields. It is deadly
accurate at up to one mile and effective at more than four
miles.
"Yet, current law classifies .50 caliber guns as 'rifles'
subject to the least government regulation for any firearm.
Sawed-off shotguns and handguns are more highly regulated than
this military sniper rifle. I think that the public would be
shocked to know that any 18-year-old high school student with
a valid driver's license could purchase this deadly weapon.
"Given the destruction this weapon can cause, I doubt most
Californians would be comfortable knowing this gun is easier
to buy than a small handgun. This bill ensures that
terrorists and criminals do not gain access to this deadly
weapon. Placing some reasonable restrictions on those who can
posses this weapon is just good public policy."
2)Background : The .50 caliber sniper rifle weighs between 28 to
60 pounds and comes in bolt action and semiautomatic versions.
The term ".50 BMG" stands for Browning machine gun (one of
the earliest firearms to use the ammunition) and is a
technical designation for the round used in the weapon. The
diameter of this type of round is one-half inch (or ".50") and
the lengths vary from about three to six inches.
Manufacturers of the rifles claim that the rifle is accurate
up to 2,000 yards and effective up to 7,500 yards. The .50
BMG cartridge is similar to common hunting calibers. The
larger safari hunting cartridges are also available to the
public. The .50 caliber ammunition, as well as other rounds
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used to hunt deer or larger game or for competitive shooting
of 600 yards or greater, are capable of piercing through body
armor.
According to the United States General Accounting Office (GAO),
the .50 caliber rifle gained popularity after it was first
used in the 1991 Gulf War. It is now available on the open
market and advertised in newspapers, magazines and on the
Internet. GAO requested and obtained records from ATF
regarding companies manufacturing the .50 caliber rifle
between 1987 and 1998. The Barrett Company sold over 2,800
.50 caliber rifles in the civilian market. The majority of
the weapons, over 2,200, were sold after the Gulf War in 1991.
3)Federal Legislation : The Military Sniper Weapon Regulation
Act of 2001 was reintroduced as Senate Bill S.505 (Feinstein,
Schumer, and Kennedy) and failed passage from the Committee on
Finance. S.505 would have criminalized the possession of the
.50 caliber rifle by most civilians (certificates would be
required to legally possess the firearm) and imposes special
regulations. S. 505 was substantially similar to H.R. 2127,
which failed passage as well and would have amended the
Internal Revenue Code of 1986 to regulate specified .50
caliber sniper weapons in the same manner as machineguns and
other firearms.
4)New .50 Caliber Handgun : On February 5, 2003, Smith & Wesson
introduced the .50 Magnum hunting revolver at a gun show in
Florida. The .50 caliber handgun was scheduled to be
available in March 2003 and weighs 72.5 ounces, measures 15
inches in length and sells for approximately $1,000.
5)Violence Policy Center Reports : The Violence Policy Center
has issued two reports on the .50 caliber sniper rifle. [ One
Shot, One Kill (May 1999) and Voting from the Rooftops
(October 2001).] Both reports stated that the unregulated
sale of military sniper rifles to civilians creates a danger
to national security as the rifles have the ability to shoot
down aircraft.
The second report also states that at least 25 Barrett .50
caliber sniper rifles were sold to the Al Qaeda network.
[ Voting from the Rooftops , Pages 1 and 7, citing the
transcript of the trial, United States of America v. Usama bin
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Laden , et al., United States District Court, Southern District
of New York, February 14, 2001, pp. 18-19; "Al-Qaeda's
Business Empire," Jane's Intelligence Review (August 1,
2001).] However, opponents of this bill provided an article
which states that the Barrett .50 caliber sniper rifles were
shipped in the late 1980's when the United States was
supporting Afghanistan against the Soviet government. [Kopel,
Dave. Guns and (Character) Assassination . December 21,
2001.] According to the article, Ronnie Barrett, President of
Barrett Firearms stated, "The rifles were picked up by United
States government trucks, shipped to United States government
bases, and shipped to those Afghan freedom fighters."
6).50 Caliber Sporting Associations :
a) The Fifty-Caliber Shooter's Association (FCSA) was
established in 1985 and conducts 1,000-yard shooting
competitions. FCSA sponsors approximately eight to ten
1,000-yard rifle matches per year in various places thought
the continental United States. FCSA is affiliated with the
National Rifle Association and has almost 2,000 members.
GAO investigators reported that FCSA appeared to be an
organization of law-abiding citizens engaged in legitimate
sporting activity.
b) The United States Congress created the Civilian
Marksmanship Program (CMP). The CMP's original purpose was
to provide civilians with an opportunity to learn and
practice marksmanship skills so they would be skilled
marksmen if later called to serve in the United States
military. Over the years, the emphasis of CMP shifted to
focus on youth development through marksmanship. CMP
promotes firearm safety training and rifle practice for all
qualified United States citizens, with special emphasis on
youth. CMP operates through a network of affiliated
shooting clubs and associations that includes every state
in the United States. The clubs and associations offer
firearms safety training and marksmanship courses as well
as the opportunity for continued practice and competition.
The California Rifle and Pistol Association, Inc., is the
designated California CMP association. There are 72
CMP-affiliated clubs.
7)Proposed Amendments : The attached mock-up outlines amendments
relative to the lawful loaning of the .50 BMG rifle, clarifies
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that a person has 180 days to register a .50 BMG rifle if it
is lawfully possessed or owned at the time of enactment of
this bill and makes minor technical amendments.
8)Arguments in Support : According to the Los Angeles County
Sheriff's Department, ". . . This weapon, which is readily
available on the civilian market, can pierce armored vehicles
and concrete structures from one mile away with pinpoint
accuracy. In the hands of terrorists, .50 BMG sniper rifles
pose a grave threat to airplanes, refineries or other
potential targets. There are incredibly powerful military
rifles, which in the hands of the wrong person can cause great
chaos or death. . . . "
9)Arguments in Opposition : According to the .50 Caliber
Shooter's Association, ". . . the Fifty Caliber Shooters
Association, Inc., is a sports shooting club, organized in
1985 as a non-profit corporation in Tennessee for the purpose
of promoting the sport of target shooting. . . . Our members
are spread throughout all 50 states and in 22 foreign
countries. . . . The fifty caliber target rifle has never
been used in a criminal incident in the history of the state
of California. There is no crisis that begs for legislation
to deprive our members of the right to continue to own their
target rifles."
10)Related Legislation : SB 601 (Perata), pending assignment by
the Senate Committee on Rules, prohibits the manufacture,
import, sale, transfer, or possession of .50 caliber handguns,
as specified.
11)Prior Legislation : AB 2222 (Koretz), of the 2001-2002
Legislative Session, failed passage in the Assembly Committee
on Public Safety.
AB 566 (Koretz), of the 2001-2002 Legislative Session, was held
on the Assembly Appropriations Committee Suspense file and
would have created a one-year assault weapon buy-back program.
SB 626 (Perata), Chapter 937, Statutes of 2001, created
additional exemptions for large-capacity firearms magazines.
SB 23 (Perata), Chapter 129, Statutes of 1999, added a generic
definition of "assault weapon".
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AB 48 (Wright), Chapter 909, Statutes of 1998, established a
buy-back program for SKS rifles.
REGISTERED SUPPORT / OPPOSITION :
Support
The Brady Campaign to Prevent Gun Violence
California Chapter of the American College of Emergency
Physicians
California Organization of Police and Sheriffs
City of Los Angeles
Coalition to Stop Gun Violence
Community Wellness Partnership
League of California Cities
Legal Community Against Violence
Los Angeles County Sheriff's Department
Million Mom March
Physicians for a Violence-Free Society
The Trauma Foundation
Women Against Gun Violence
Opposition
C5 Corvette Performance Center, Inc.
Calreo Construction
California Rifle and Pistol Association, Inc.
The California Sportsman's Lobby, Inc.
Fifty Caliber Shooters Association
Fifty Caliber Shooters Policy Institute
Herb Bauer Sporting Goods
Interconnect Systems, Inc.
N.C. Dundas & Associates
NRA Members' Council of Silicon Valley
Outdoor Sportsman's Coalition of California
Safari Club International
Spider Firearms
3,949 private citizens
Analysis Prepared by : Fredericka McGee / PUB. S. / (916)
319-3744