BILL ANALYSIS                                                                                                                                                                                                    







                          SENATE COMMITTEE ON Public Safety
                             Senator Bruce McPherson, Chair     A
                                2003-2004 Regular Session       B

                                                                5
                                                                0
                                                                
          AB 50 (Koretz)                                        
          As Amended June 2, 2003 
          Hearing date:  July 1, 2003
          Penal Code and Uncodified Law
          SH:br

                        .50 CALIBER BMG RIFLES AND AMMUNITION  :  

                        REGULATION - PROHIBITIONS - PENALTIES  


                                       HISTORY

          Source:  Trauma Center; Brady Campaign to Prevent Gun Violence;  
                   City of Los Angeles (co-sponsors)

          Prior Legislation: AB 2222 (Koretz/2002) - Assembly Committee on  
                       Public Safety; failed passage

          Support: Los Angeles County District Attorneys Association;  
                   California Nurses Association; Los Angeles Police  
                   Chief; Los Angeles County Sheriff's Department;  
                   California Organization of Police and Sheriffs (COPS);  
                   League of California Cities; Legal Community Against  
                   Violence; Coalition to Stop Gun Violence; California  
                   Chapter, American College of Emergency Physicians;  
                   Women Against Gun Violence; Physicians for a  
                   Violence-free Society; Community Wellness Partnership  
                   of Pomona; Consumer Federation of California

          Opposition:Fifty Caliber Shooters Association, Inc. (FCSA);  
                   Howard Jarvis Taxpayers Association; National Rifle  
                   Association; Safari Club International; Outdoor  




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                   Sportsman's Coalition of California; California  
                   Sportsman's Lobby, Inc.; EDM Arms; President of  
                   McMillan Brothers Rifle Co, Inc; California Rifle and  
                   Pistol Association; Fifty Caliber Shooters Policy  
                   Institute; NRA Members' Council of Silicon Valley; Gun  
                   Owners of California; President, the ROBAR Companies,  
                   Inc.; President, ArmaLite, Inc.; one individual letter

          Assembly Floor Vote:  Ayes  43 - Noes  28


                                        KEY ISSUES
           
          SHOULD .50 CALIBER BMG RIFLES, AS DEFINED, BE ADDED TO THE  
          ROBERTI-ROOS ASSAULT WEAPONS CONTROL ACT OF 1989, THEREBY REQUIRING  
          REGISTRATION; GENERALLY PROHIBITING POSSESSION, MANUFACTURE, AND  
          IMPORTATION OR SALE - WITH SPECIFIED EXEMPTIONS; AND APPLYING  
          PENALTIES FOR "UNLAWFUL" POSSESSION, AS SPECIFIED?

          SHOULD .50 BMG RIFLE AMMUNITION, AS DEFINED, BE ADDED TO THE LIST OF  
          ITEMS WHICH MAKES A PERSON SUBJECT TO AN ALTERNATE  
          FELONY/MISDEMEANOR IF HE OR SHE MANUFACTURES OR CAUSES TO BE  
          MANUFACTURED, IMPORTS INTO THE STATE, KEEPS FOR SALE, OR OFFERS OR  
          EXPOSES FOR SALE, OR WHO GIVES, LENDS, OR POSSESSES ANY OF THOSE  
          ITEMS, WITH SPECIFIED EXEMPTIONS?

          SHOULD .50 CALIBER BMG RIFLES BE ADDED TO FIREARMS PENALTY  
          ENHANCEMENT PROVISIONS IN LAW, SO THAT, FOR EXAMPLE, AN ASSAULT ON  
          ANY PERSON - CURRENTLY A WOBBLER IF WITH A FIREARM NOT A MACHINEGUN  
          OR ASSAULT WEAPON - IS INSTEAD A FELONY PUNISHABLE BY 4, 8, OR 12  
          YEARS IN THE STATE PRISON IF COMMITTED WITH A .50 CALIBER BMG RIFLE?

          SHOULD NUMEROUS RELATED CHANGES IN LAW BE MADE?


                                       PURPOSE
          
          The purpose of this bill is to (1) add .50 caliber BMG rifles,  
          as defined, to the Roberti-Roos Assault Weapons Control Act of  
          1989, thereby requiring registration; generally prohibiting  




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          possession, manufacture, and importation or sale - with  
          specified exemptions; and applying penalties for "unlawful"  
          possession, as specified; (2) add .50 BMG rifle ammunition, as  
          defined, to the list of items which makes a person subject to an  
          alternate felony/misdemeanor if he or she manufactures or causes  
          to be manufactured, imports into the state, keeps for sale, or  
          offers or exposes for sale, or who gives, lends, or possesses  
          any of those items, with specified exemptions; (3) add .50  
          caliber BMG rifles to firearms penalty enhancement provisions in  
          law, so that, for example, an assault on any person - currently  
          a wobbler if with a firearm not a machinegun or assault weapon -  
          is instead a felony punishable by 4, 8, or 12 years in the state  
          prison if committed with a .50 caliber BMG rifle; and (4) make  
          numerous related changes in law be made.
          
           Existing law  prohibits specified persons from owning or  
          possessing firearms, including all felons who are subject to  
          that prohibition for life.  (Penal Code  12021 and 12021.1.)

           Existing law  provides that no person prohibited from owning or  
          possessing a firearm under Section 12021 or 12021.1 of the  
          Penal Code or Section 8100 or 8103 of the Welfare and  
          Institutions Code shall own, possess, or have under his or her  
          custody or control, any ammunition or reloaded ammunition and  
          states that "ammunition" shall include, but not be limited to,  
          any bullet, cartridge, magazine, clip, speed loader,  
          autoloader, or projectile capable of being fired from a firearm  
          with a deadly consequence.  Violations are punishable as an  
          alternate felony/misdemeanor.  (Penal Code  12316(b).)
           
          Existing law  defines as a "restricted" destructive device as  
          any weapon of a caliber greater than 0.60 caliber which fires  
          fixed ammunition, or any ammunition therefor, other than a  
          shotgun (smooth or rifled bore) conforming to the definition of  
          a "destructive device" found in subsection (b) of Section  
          179.11 of Title 27 of the Code of Federal Regulations, shotgun  
          ammunition (single projectile or shot), antique rifle, or an  
          antique cannon.  For purposes of this section, the term  
          "antique cannon" means any cannon manufactured before January  
          1, 1899, which has been rendered incapable of firing or for  




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          which ammunition is no longer manufactured in the United States  
          and is not readily available in the ordinary channels of  
          commercial trade.  The term "antique rifle" means a firearm  
          conforming to the definition of an "antique firearm" in Section  
          179.11 of Title 27 of the Code of Federal Regulations.  (Penal  
          Code  12301(a)(3).)

           Existing law  provides that any person, firm or corporation who,  
          within this state, sells, offers for sale, possesses or  
          knowingly transports any fixed ammunition of a caliber greater  
          than .60 caliber, except as provided in this chapter, is guilty  
          of a public offense and upon conviction thereof shall be  
          punished by imprisonment in the county jail for a term not to  
          exceed six months or by a fine not to exceed $1,000, or by both  
          such fine and imprisonment.  A second or subsequent conviction  
          shall be punished by imprisonment in the county jail for a term  
          not to exceed one year, or by imprisonment in the state prison,  
          or by a fine not to exceed $3,000, or by both such fine and  
          imprisonment.  (Penal Code  12304.)

           Existing law  provides that it is an offense for anyone who  
          manufactures or causes to be manufactured, imports into the  
          state, keeps for sale, or offers or exposes for sale, or who  
          gives, lends, or possesses specified prohibited weapons,  
          including certain firearms, punishable by imprisonment in a  
          county jail not exceeding one year, or in the state prison;  
          existing law prohibits items including any cane gun or wallet  
          gun, any undetectable firearm, any firearm which is not  
          immediately recognizable as a firearm, any camouflaging firearm  
          container, any ammunition which contains or consists of any  
          flechette dart, any bullet containing or carrying an explosive  
          agent, any ballistic knife, any multiburst trigger activator,  
          any nunchaku, any short-barreled shotgun, any short-barreled  
          rifle, any metal knuckles, any belt buckle knife, any leaded  
          cane, any zip gun, and other specified items; provides that the  
          prohibition shall not apply to specified persons and  
          circumstances, such as law enforcement and movie props.  (Penal  
          Code  12020.)

           Existing law  provides specific enhancements for the criminal  




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          use of firearms, generally punishable as an alternate  
          misdemeanor/felony with a felony punishment applying to  
          assaults on another with a semiautomatic firearm or a  
          machinegun (3, 6, or 9 years and 4, 8, or 12 years,  
          respectively); such assaults upon a peace officer or a  
          firefighter are punishable as a felony punishable by  
          imprisonment in the state prison for 4, 6, or 8 years except  
          that if the firearm is a semiautomatic firearms the prison  
          terms is 5, 7, or 9 years and if the firearm is a machine gun  
          or an assault weapons the prison term is 6, 9, or 12 years.   
          (Penal Code  245.)  NOTE:  Numerous other penalties are  
          applicable for other crimes committed with a firearm.

           Existing law  creates the "Prohibited Armed Persons File"  
          database maintained by the Department of Justice.  (Penal Code   
          12011.)

           Existing law  provides for various enhancements and sentencing  
          "restrictions" and requirements for crimes committed with a  
          firearm.  (Penal Code  12022.)

           Existing law  provides for various enhancements for the personal  
          use of a firearm and that the firearm be deemed a nuisance and  
          disposed of, as specified.  (Penal Code  12022.5.)

           Existing law  allows the Department of Justice to issue permits  
          to licensed firearms dealers regarding large capacity magazines  
          and out-of-state clients.  (Penal Code  12079.)

           Existing law  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  12072(c) and (d) and 12084.)




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           Existing law  requires a license for persons to manufacture  
          firearms in California.  (Penal Code  12085.)

           Existing law  provides the following regarding machineguns:

           Any person, firm or corporation possessing or transporting  
            a machinegun and that does not qualify under one of the  
            statutory exceptions is guilty of a felony, punishable by  
            4, 6 or 8 years in state prison or by a fine not to exceed  
            $10,000.  (Penal Code  12220(a).)

           Defines a "machinegun" as any weapon that fires more than  
            one 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  12200.)

           Authorizes DOJ to issue and revoke permits for the  
            possession, manufacture, transportation and sale of  
            machineguns.  (Penal Code  12230, 12233 and 12250.)

           Existing law  provides the following regarding "assault weapons":

           Prohibits selling, manufacturing, distributing, transporting,  
            importing, possessing or lending semi-automatic assault  
            weapons in California.  (The Roberti-Roos Assault Weapons  
            Control Act of 1989, Penal Code  12275-12290.)

           Any person who unlawfully manufactures an assault weapon is  
            guilty of a felony, punishable by imprisonment in the state  
            prison for 4r, 6, or 8 years.  (Penal Code  12280(a).)

           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  




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            to the effective date of the Act, it is punishable as an  
            infraction as specified.  (Penal Code  12280(b).)

           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  
             12285.)

           Contains a list which enumerates, by model and manufacturer,  
            semiautomatic rifles, pistols, and shotguns deemed to be  
            assault weapons.  (Penal Code  12276.)

           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   
            12276.1.(a) and Penal Code  12020.)

           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  12276.5(a).)

           This bill  does the following:

           Adds .50 caliber BMG rifle to the Roberti-Roos Assault Weapons  
            Control Act of 1989.

           Adds .50 BMG rifle ammunition to the list of items which makes  
            a person subject to an alternate felony/misdemeanor if he or  
            she manufactures or causes to be manufactured, imports into  
            the state, keeps for sale, or offers or exposes for sale, or  
            who gives, lends, or possesses any of those items; specific  
            exemptions apply.

          Specifically, this bill does the following:

           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  




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            in state prison.

           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.

           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), as specified.

           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;

             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  




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                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;

             k)    Being loaned for use as a prop in a motion  
                picture, television, or video production; or, being  
                purchased by a special weapons permit holder for  
                specified purposes;

             l)    Provides that any person who may legally  
                manufacture, import, keep for sale, sale, offer,  
                lend, or possess a .50 BMG rifle pursuant to the  
                Roberti-Roos Act may legally possess the .50 BMG  
                cartridge;

             m)    Provides that any person who may legally  
                manufacture, import, keep for sale, sale, offer,  
                lend, or possess a .50 BMG rifle pursuant to the  
                Roberti-Roos Act may legally possess the .50 BMG  
                cartridge;

             n)    Possessed by a person not otherwise prohibited  
                from possessing a firearm and:

                 -  The person possessed the .50 BMG cartridge as of  
                  January 1, 2004.
                 -  The person possesses the .50 BMG cartridge as a  
                  relic, curio, memorabilia, or display item.
                 -  The person possesses the .50 BMG cartridge  
                  within his or her place of residence, place of  
                  business, or on private property owned or lawfully  
                  possessed by that person.

             o)    Possessed by a person with a permit from the  




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                Department of Justice to possess a .50 BMG cartridge.

           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.

           Provides that where a person uses a .50 BMG rifle during  
            the 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 and that the .50 BMG rifle be  
            deemed a nuisance and disposed of, as specified.

           Allows the DOJ to issue permits "upon a showing of good  
            cause" for (1) licensed dealers for the possession,  
            transportation, or sale of .50 BMG cartridges to  
            out-of-state clients and (2) for collectors who wish to  
            possess .50 BMG cartridges.

           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.

           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, as specified.





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           Provides that any person who unlawfully manufactures a .50  
            BMG rifle is guilty of a felony, punishable by 4, 6 or 8  
            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.

           Provides that where a person transfers a .50 BMG to a  
            minor, one-year enhancement will be added to the sentence  
            for the underlying crime.

           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.

           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 agencies.

           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.

           Allows the lawful manufacture of .50 BMG rifles where the  
            person obtains a DOJ permit.

           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).





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           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.

           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.

           Prohibits the transfer of a .50 BMG rifle other than to a  
            licensed gun dealer, as specified and with the standard  
                                                                                         exceptions.

           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.  Persons who lawfully possess a  
            .50 BMG rifle and move into this state shall either obtain a  
            machinegun permit or cause the weapon to be delivered to a  
            licensed dealer, as specified.

           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.

           Provides that a person must obtain a permit from DOJ to  
            lawfully acquire a .50 BMG rifle after January 1, 2004.

           Authorizes DOJ to issue a permit to a federally licensed  
            manufacturer, upon a finding of good cause for the  
            manufacture of the .50 BMG rifle.

           Provides that a person may relinquish a .50 BMG rifle to a  
            police or sheriff's department, as specified.

           Provides the standard provisions relative to police or  
            dispatcher broadcast guidelines also provides for assault  
            weapons.




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           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.

           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.

           Makes a number of other minor technical amendments.

           States in uncodified law that it is not the intent of the  
            Legislature in amending Sections 12020 and 12280 of the Penal  
            Code by this act to supersede, restrict, or affect the  
            application of any other law, and to that end the amendments  
            are cumulative.  However, an act or omission punishable under  
            different ways by these amended sections and other provisions  
            of law shall not be punished under more than one provision.




                                      COMMENTS

          1.   Need for This Bill
           
          According to the author:

              Fifty BMG caliber sniper rifles and .50 BMG ammunition  
              are armaments designed for military applications  
              involving the destruction of infrastructure and  
              anti-personnel purposes.  The military uses these  
              weapons to destroy concrete structures, including  
              bunkers, light armored vehicles, and stationary  
              tactical targets such as fuel storage facilities,  
              aircraft, communications structures and energy transfer  
              stations.





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              Current California law recognizes 50 BMG caliber  
              sniper rifles and their ammunition the same as any  
              other rifle and does not differentiate between these  
              50 caliber war weapons and other rifles more commonly  
              used for sport such as a .22, .30-06 or 12 gauge shot  
              gun.  Currently to purchase a 50 BMG caliber sniper  
              rifle one only has to complete a background check and  
              wait ten days to receive these extremely destructive  
              war weapons.  Current law also requires that records  
              of rifle purchases be destroyed immediately upon  
              conclusion of the sale, thus we currently have no way  
              of knowing who, or how may persons, currently are in  
              legal possession of 50 BMG caliber weapons.

              50 BMG caliber weapons and their ammunition have  
              increasingly been manufactured and marketed to  
              civilians over the past several years.  There is  
              increasing evidence of these weapons falling into the  
              hands of political extremists and terrorists, and more  
              recently drug and street gangs.  The manufacturers of  
              these weapons have been reducing the weight, enhancing  
              portability and lowering the price to own these  
              weapons, so there is currently an expanding  
              proliferation of these war weapons.

              The facts indicate that 50 BMG caliber sniper weapons  
              and .50 BMG ammunition present a clear and present  
              public health and safety danger to California and the  
              nation.  It is time for California to strictly regulate  
              these weapons just as we have other war weapons such as  
              assault weapons by closing off future supplies and  
              requiring those who currently possess them to come  
              forward and register them with the state Department of  
              Justice.

          2.   Additional Background about the .50 BMG Rifle
           
          The Assembly Committee on Public Safety analysis of this bill  
          contains the following:





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              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 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 [Bureau of  
              Alcohol, Tobacco, and Firearms] 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.

              . . . 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  




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              specified .50 caliber sniper weapons in the same  
              manner as machineguns and other firearms.

              . . . 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 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."

          3.   .50 Caliber Sporting Associations  

          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.




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          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.

          4.   Penalty Issues Involving This Bill
           
          This bill adds a new firearm to the Roberti-Roos Act, with  
          felony penalties applicable for persons who possess such weapons  
          in the future without registration, as specified.  This bill  
          also adds .50 caliber cartridges to Penal Code Section 12020,  
          thus making possession and trade in such cartridges subject to a  
          wobbler penalty, as specified.  However, a person who has any  
          felony convictions, as well as specified misdemeanor  
          convictions, is already subject to a felony penalty for  
          possessing firearms and an alternate felony/misdemeanor for  
          possessing ammunition.

          Since the persons subject to those penalties would already be  
          subject to similar penalties for possessing .50 BMG rifles and  
          ammunition, this bill technically does not create any new  
          three-strikes exposure.

          This bill does make the current wobbler penalty for assault with  
          any firearm - other than a machinegun or assault weapon - that  
          would now apply to the use of a .50 BMG rifle not otherwise a  
          semiautomatic weapon a straight felony penalty punishable by 4,  
          8, or 12 years in prison.  However, if a .50 BMG rifle is added  




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          to the assault weapons law, that new increased penalty is  
          arguably appropriate.  Regardless, it does not technically  
          create any new three-strikes exposure.


          5.   Criminalizing the .50 BMG Cartridge  

          This bill "criminalizes" the .50 BMG cartridge by adding it to  
          Penal Code Section 12020.  This bill then provides a list of  
          specified exemptions for those cartridges in that section for  
          private parties who do not otherwise have "registered" .50  
          caliber rifle (law enforcement and others are of course exempted  
          as well):

           (b)(15) Any plastic toy handgrenade, or any metal military  
            practice handgrenade or metal replica handgrenade,  or any  
            .50 BMG cartridge , that is a relic, curio, memorabilia, or  
            display item, that is filled with a permanent inert  
            substance or that is otherwise permanently altered in a  
            manner that prevents ready modification for use as a  
            grenade,  or live ammunition  .

           (b)(24) The importation of a .50 BMG cartridge by a person  
            who lawfully possessed the .50 BMG cartridge in the state  
            prior to January 1, 2004, lawfully took it out of the  
            state, and is returning to the state with the .50 BMG  
            cartridge previously lawfully possessed in the state.

           (35) The possession of a .50 BMG cartridge if all of the  
            following conditions are met:
             (A)  The person is not prohibited by Section 12021,  
                12021.1, or 12101 of this code, or by Section 8100 or  
                8103 of the Welfare and Institutions Code from  
                possessing firearms or ammunition.
             (B)  The person possessed the .50 BMG cartridge as of  
               January 1, 2004.
             (C)  The person possesses the .50 BMG cartridge as a  
                relic, curio, memorabilia, or display item.
             (D)  The person possesses the .50 BMG cartridge within his  
                or her place of residence, place of business, or on  




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                private property owned or lawfully possessed by that  
                person.

          This bill also includes an exemption in Section 12020 for  
          persons issued a Department of Justice permit pursuant to  
          amendments made to Section 12079 by adding a new subdivision (b)  
          - that section currently applies to permits for large-capacity  
          magazines and includes a "good cause" requirement; it may or may  
          not be clear how a collector establishes "good cause" for  
          collecting ammunition:

           Upon a showing that good cause exists, the Department of  
            Justice may issue permits for the possession of .50 BMG  
            cartridges to persons who wish to possess them as collectors.

          Those amendments regarding exemptions are intended to address  
          questions that may arise about making criminals of persons who  
          possess something that has previously not been illegal.   
          Cartridges do not have dates of production.  It is not possible  
          to estimate how many persons currently may possess .50 BMG  
          cartridges, nor how many of those persons may become aware of  
          the new penalties that would become the law effective January 1,  
          2004, if this bill is enacted.

          SHOULD .50 BMG CARTRIDGES BE MADE ILLEGAL - WITH SPECIFIED  
          EXEMPTIONS - AS PROPOSED BY THIS BILL?

          As noted in the Purpose section above, existing Penal Code  
          Section 12301 criminalizes ammunition larger than .60 caliber in  
          the destructive devices chapter of the dangerous weapons laws  
          and Section 12304 provides the following penalty:

              . . . any person, firm or corporation who, within this  
              state, sells, offers for sale, possesses or knowingly  
              transports any fixed ammunition of a caliber greater  
              than .60 caliber, except as provided in this chapter,  
              is guilty of a public offense and upon conviction  
              thereof shall be punished by imprisonment in the  
              county jail for a term not to exceed six months or by  
              a fine not to exceed $1,000, or by both such fine and  




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              imprisonment.  A second or subsequent conviction shall  
              be punished by imprisonment in the county jail for a  
              term not to exceed one year, or by imprisonment in the  
              state prison, or by a fine not to exceed $3,000, or by  
              both such fine and imprisonment.

          WOULD IT BE APPROPRIATE TO ADD .50 BMG CARTRIDGES TO SECTIONS  
          12301 AND 12304 RATHER THAN SECTION 12020, OR TO CREATE A  
          SECTION WITH LANGUAGE SIMILAR TO SECTIONS 12301 AND 12304?

          NOTE:  See this Committee's analysis of SB 929 (Speier) for a  
          discussion (especially Comments #4 and 5) about the  
          determination of punishment for Sections 12020 and 12304 if a  
          person possesses more than one of the same prohibited items.

          Following website contains information about military issue .50  
          caliber ammunition and includes the following:

              The caliber .50 cartridge consists of a cartridge  
              case, primer, propelling charge, and the bullet.  The  
              term bullet refers only to the small-arms projectile.  
               There are eight types of ammunition issued for use  
              in the caliber .50 machine gun.  The tips of the  
              various rounds are color-coded to indicate their  
              type.  The ammunition is linked with the M2 or M9  
              metallic links for use in the machinegun.

          Pictures and additional information all at:   
          http://www.biggerhammer.net/barrett/fas/

          NOTE:  Penal Code Section 12020(a)(1) currently criminalizes  
          "any bullet containing or carrying an explosive agent."

          6.   Other Issues Raised by This Bill
           
          Both the original Roberti-Roos Act and the generic definition of  
          assault weapons added by SB 23 (Perata) - Chapter 129, Statutes  
          of 1999 - allowed a first time offense for possession of an  
          assault weapon (no more than two) lawfully owned or possessed  
          prior to the date that the Roberti-Roos Act took effect or  




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          "prior to the date that it was specified as an assault weapon" -  
          Penal Code Section 12280(b) and (c).  [NOTE:  This bill does  
          change one reference to "firearms" in the (c) to "assault  
          weapons" but the current infraction language would not apply to  
          .50 BMG rifles, regardless, since while .50 BMG rifles are added  
          to the Roberti-Roos Act, they are not stated to be "assault  
          weapons."  It may have been a bit clearer to leave in the title  
          change as previously proposed without the member "tombstone".]

          This bill does not contain a similar option for a first time  
          offense involving .50 BMG rifles.

          WOULD IT BE APPROPRIATE TO ALLOW A FIRST TIME OFFENSE INVOLVING  
          POSSESSION OF A .50 BMG RIFLE SIMILAR TO THE OPTION ORIGINALLY  
          PROVIDED FOR ASSAULT WEAPONS IN THE ROBERTI-ROOS ACT?

          This bill does add the following language to the existing law -  
          Penal Code Section 12289 - that requires the Department of  
          Justice to "conduct a public education and notification program  
          regarding the registration of assault weapons" which also  
          includes outreach to local law enforcement agencies and public  
          service announcements on local media:

              For .50 BMG rifles, the department's education  
              campaign shall provide materials to dealers of .50 BMG  
              rifles, and to recognized national associations that  
              specialize in .50 BMG rifles.

          This bill does not provide any additional funding for that .50  
          BMG rifle public education and notification program.

          ARE THE PUBLIC EDUCATION PROVISIONS OF THIS BILL APPROPRIATE TO  
          MEET THE GOALS OF THIS BILL?

          7.   Support for This Bill
           
          The City of Los Angeles - which is in the process, possibly now  
          complete, of adopting a local ban on .50 Caliber firearms -  
          writes in support of this bill that:





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              The .50 caliber rifle is an extremely powerful weapon  
              that has the capability to accurately strike targets  
              more than a mile away.  According to law enforcement  
              agencies, seizures of .50 caliber rifles have become  
              more prevalent as supplies have increased and the  
              prices have declined.  A Congressional staff  
              investigative report discovered that these weapons ".  
              . . have ended up in the hands of suspected terrorist  
              groups, a mentally ill cop killer, and drug  
              trafficking cartels."  Some have suggested that these  
              weapons will quickly be adopted for use in urban  
              violence thus exacerbating the crime situation in the  
              City of Los Angeles.



          The Brady Campaign to Prevent Gun Violence letter in support  
          includes the following:

              The sale of 50-caliber armor-piercing weapons with  
              sniper accuracy to anyone who is 18 years old and can  
              pass a basic background check represent a clear  
              threat to the safety of all Californians.  Weapons  
              that are capable of shooting down airlines and police  
              helicopters from a great distance should never be  
              sold to civilians, and especially not when we are  
              battling terrorism.

















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          8.   Opposition to This Bill  

          The NRA opposition to this bill includes the following:

              . . . The proponents of AB 50 claim that .50 caliber  
              rifles constitute a "terrorist threat" to the citizens  
              of California.  But no evidence has been presented to  
              the legislature, that .50 caliber rifles have been  
              used in any crimes in California.

              The fact is that, the major California law enforcement  
              groups representing both the Sheriffs and Police  
              Chiefs do not support AB 50.  Even the National  
              Transportation Safety Administration when asked about  
              the potential threat of .50 caliber rifles in a  New  
              York Times  article published on Jan. 30, 2003, the  
              agency was quoted as saying "We just don't feel it is  
              high on the list of potential threats".

              The provisions of AB 50 would also ban the possession  
              of .50 caliber cartridges.  There are thousands of  
              collectors, military museums and retired military  
                                                     veterans that have collected the 50 caliber cartridges  
              as curios and keepsakes.

              There are no provisions in AB 50 to fund any public  
              education campaign to inform Californians how they can  
              avoid becoming criminals.  In 1990, it is estimated  
              that the Department of Justice spent a quarter of a  
              million dollars in costs associated with administering,  
              enforcing and informing the public about the passage of  
              the so-called "Assault Weapons" legislation.  The costs  
              of AB 50 will also be substantial.  If there is no  
              public education campaign, thousands of veterans,  
              collectors and shooters would find themselves in legal  
              peril if they do not dispose of the .50 caliber  
              cartridges and register their rifles within the short  
              time allowed by AB 50.  Californians that fail to  
              comply with AB 50 will lose their right to possess  




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              firearms for the rest of their lives.

          9.   Legislative Findings in This Bill
           
          This bill includes the following legislative findings about .50  
          BMG rifles (page 21, lines 32-40, and page 22, lines 1-5):

              (b) The Legislature hereby finds and declares that the  
              proliferation and use of .50 BMG rifles, as defined in  
              Section 12278 [added by this bill], poses a clear and  
              present terrorist threat to the health, safety, and  
              security of all residents of, and visitors to, this  
              state, based upon findings that those firearms have  
              such a high capacity for long distance and highly  
              destructive firepower that they pose an unacceptable  
              risk to the death and serious injury of human beings,  
              destruction or serious damage of vital public and  
              private buildings, civilian, police and military  
              vehicles, power generation and transmission facilities,  
              petrochemical production and storage facilities, and  
              transportation infrastructure.  It is the intent of the  
              Legislature in enacting this chapter to place  
              restrictions on the use of these rifles and to  
              establish a registration and permit procedure for their  
              lawful sale and possession.



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