BILL ANALYSIS Ó
AJR 45
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Date of Hearing: August 16, 2012
Counsel: Gabriel Caswell
ASSEMBLY COMMITTEE ON PUBLIC SAFETY
Tom Ammiano, Chair
AJR 45 (Feuer) - As Introduced: August 6, 2012
SUMMARY : Urges the President and Congress of the United States
to reauthorize the Federal Assault Weapons Ban. Specifically,
this bill :
1)Resolves that the Legislature urges the President and the
Congress of the United States to reauthorize the Federal
Assault Weapons Ban, which Congress did not review in 2004.
2)Finds and declares that assault weapons are a class of
semiautomatic firearms designed with military features that
allow them to spray large amounts of fire quickly and
accurately. They are distinguishable from standard sporting
firearms by features such as pistol grips and the ability to
accept a detachable magazine.
3)Finds and declares that assault weapons are frequently used in
mass shootings, including the 1993 101 California Street
attack which involved two TEC-9 semiautomatic handguns, and
the recent Aurora, Colorado shooting which involved an AR-15
style semiautomatic assault rifle with a 100-round ammunition
drum which would have been prohibited under the Federal
Assault Weapons Ban, which expired in 2004, if it had been in
effect.
4)Finds and declares that The Federal Assault Weapons Ban,
passed in 1994 with the strong leadership of Senator Dianne
Feinstein, banned certain models of semiautomatic assault
weapons, as well as high-capacity ammunition magazines that
hold more than 10 rounds.
5)Finds and declares that seven states, including California,
have enacted laws banning assault weapons. The District of
Columbia and five large urban cities in the United States have
local laws banning assault weapons. California and New Jersey
have the most comprehensive approaches to defining assault
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weapons. Originally passed in 1989, California law bans
roughly 75 assault weapon types, models, and series, by name,
and provides a one-feature generic test for rifles and
pistols.
6)Finds and declares that since the expiration of the Federal
Assault Weapons Ban, 450 violent crimes involving assault
weapons were committed and 750 individuals were shot by
assault weapons, 350 of whom were killed.
EXISTING LAW :
1)Restricted the manufacture, transfer, and possession of
certain semiautomatic assault weapons, as defined. This
provision of law became inactive with the expiration of the
Federal Assault Weapons Ban. Ý18 United States Code Section
922(v)(1).]
2)Made it unlawful for any person to transfer or possess a large
capacity ammunition feeding
device, as defined. This provision of law became inactive with
the expiration of the Federal Assault Weapons Ban. Ý18 United
States Code Section 922(w)(1).]
3)Makes it an alternate felony/misdemeanor for any person who
manufactures or causes to be manufactured, imports into
California, keeps for sale, offers or exposes for sale, gives
away, or lends any large-capacity magazine with specified
exceptions. ÝPenal Code Section 12020(a)(2).]
4)Defines "large-capacity magazine" as any ammunition-feeding
device with the capacity to accept more than 10 rounds, but
shall not include a feeding device that has been permanently
altered so that it cannot accept more than 10 rounds, nor
shall it include any .22 caliber tube ammunition-feeding
device. ÝPenal Code Section 12020(c)(25).]
5)Exempts the sale, giving, lending, importation, or purchase of
a "large-capacity magazine" to any federal, state, county,
city and county, or city agency that is charged with the
enforcement of any law, for use by any employee in the
discharge of their official duties whether on or off duty, and
the use is authorized by the agency and is within the course
and scope of those duties. ÝPenal Code Section 12020(b)(19).]
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6)Exempts the sale to, lending to, transfer to, purchase by,
receipt of, or importation of a "large-capacity magazine" by a
sworn peace officer, as defined, who is authorized to carry a
firearm in the course and scope of his or her duties. ÝPenal
Code Section 12020(b)(20).]
7)Defines "assault weapon" as the following:
a) A semiautomatic, centerfire rifle that has the capacity
to accept a detachable magazine and has at least one of the
following:
i) A pistol grip that protrudes conspicuously beneath
the action of the weapon;
ii) A thumbhole stock;
iii) A vertical handgrip;
iv) A folding or telescoping stock;
v) A grenade launcher or flare launcher;
vi) A flash suppressor; or,
vii) A forward handgrip.
b) A semiautomatic, centerfire rifle that has a fixed
magazine with the capacity to accept more than 10 rounds;
c) A semiautomatic, centerfire rifle that has an overall
length of less than 30 inches;
d) A semiautomatic pistol that has the capacity to accept a
detachable magazine and has at least one of the following:
i) A threaded barrel, capable of accepting a flash
suppressor, forward handgrip, or silencer;
ii) A second handgrip;
iii) A shroud that is attached to, or partially or
completely encircles, the barrel that allows the bearer
to fire the weapon without burning his or her hand,
excepting a slide that encloses the barrel; or,
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iv) The capacity to accept a detachable magazine at some
location outside of the pistol grip.
e) A semiautomatic pistol with a fixed magazine that has
the capacity to accept more than 10 rounds;
f) A semiautomatic shotgun that has both of the following:
i) A folding or telescoping stock; and,
ii) A pistol grip that protrudes conspicuously beneath
the action of the weapon, thumbhole stock, or vertical
handgrip.
g) A semiautomatic shotgun that has the ability to accept a
detachable magazine; and
h) Any shotgun that has a revolving cylinder. (Penal Code
Section 12276.1.)
8)Provides that any person who within California manufactures,
imports into California, offers for sale, or who gives or
lends any assault weapon with specified exceptions is guilty
of a felony punishable by imprisonment in state prison for
four, six, or eight years. (Penal Code Section 12280.)
FISCAL EFFECT : Unknown
COMMENTS :
1)Author's Statement : According to the author, "Assault weapons
are frequently used in high profile, mass shootings. In spite
of this fact, in 2004 the federal government allowed the 1994
Federal Assault Weapons Ban to expire. Nevertheless, the
recent tragedy in Aurora underscores-as have so many previous
tragedies--the need for a national assault weapons ban. How
many more Americans must die in mass shootings before we take
this obvious, common-sense step? Here in California we've
outlawed these deadly, military-grade weapons. But that's not
enough - without a comprehensive federal law, even states like
ours, which take steps to protect our communities from these
weapons, are vulnerable to criminals who use them.
"The assault weapons ban meant fewer Americans were killed by
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assault weapons. Studies show a significant decrease in the
use of these weapons in crimes committed during the period of
1994 to 2004 when they were banned by the federal law. During
the first nine years of the ban, the use of assault weapons in
crime dropped by two-thirds. The number of gun murders in the
country dropped 7 percent during the ban. Since the ban's
expiration, 750 individuals have been shot by assault weapons,
of which 350 were killed. Additionally, police chiefs across
the country have reported increases in assault weapons used in
crime and used against them.
"We must not allow another tragedy to occur before the national
assault weapons ban is reenacted. The federal government
needs to re-authorize the ban."
2)The Federal Assault Weapons Ban was passed as a portion of the
Violent Crime Control and Law Enforcement Act on September 13,
1994. The Act specified which weapons were classified as
assault weapons, which included nineteen separate models. The
Act defined features which classified specified semi-automatic
rifles, pistols, and shotguns as assault weapons. The Act was
limited to semi-automatic weapons only as fully automatic
weapons were addressed in earlier legislation passed in 1934
and 1986. The Act banned large capacity ammunition feeding
devices, or high capacity magazines. After ten years of
existence the Act expired in 2004 and was not reenacted.
3)Argument in Support : According to the California Chapters of
the Brady Campaign , "The Federal Assault Weapons Ban was
passed in 1994 and expired in September 2004 due to lack of
action by Congress and President George W. Bush. The ban,
which was modeled after California's assault weapons law,
prohibited semi-automatic assault weapons equipped with
military features such as high-capacity ammunition magazines,
pistol grips, folding stocks, flash suppressors, silencers and
bayonets. These features are not found on sporting guns and
are designed specifically to facilitate the killing of human
beings in battle. Such weapons have no civilian use and no
place in a civilized society."
4)Related Legislation: SJR 10 (De Leon), urges the President
and the Congress of the United States to pursue a
comprehensive approach to stem the trafficking of illicit
United States firearms and ammunition into Mexico. SJR 10 has
been ordered to engrossing and enrolling.
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5)Prior Legislation : AJR 56 (Frommer), Statutes of 2004,
Chapter 188, urged the President of the United States and
Congress to reauthorize and strengthen the federal assault
weapons ban.
REGISTERED SUPPORT / OPPOSITION :
Support
California Chapters of the Brady Campaign
Opposition
California Rifle and Pistol Association, Inc.
National Rifle Association
Analysis Prepared by : Gabriel Caswell / PUB. S. / (916)
319-3744