BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 50
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          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