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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