BILL ANALYSIS                                                                                                                                                                                                    ”



                                                                  AB 1559
                                                                  Page  1

          Date of Hearing:   April 10, 2012
          Counsel:        Gabriel Caswell


                         ASSEMBLY COMMITTEE ON PUBLIC SAFETY
                                 Tom Ammiano, Chair

                AB 1559 (Portantino) - As Amended:  February 15, 2012
                       As Proposed to be Amended in Committee
           

          SUMMARY  :  Allows for the importation of short-barreled rifles 
          and short-barreled shotguns for use as a prop for a motion 
          picture, television, or video production or entertainment event 
          when the Department of Justice (DOJ) issues a permit finding 
          good cause as it currently does for the manufacture, possession, 
          transportation, or sale of short-barreled weapons.  

           EXISTING LAW  :

          1)States that upon a showing that good cause exists for issuance 
            of a permit to the applicant, and if the DOJ finds that 
            issuance of the permit does not endanger the public safety, 
            DOJ may issue a permit for the manufacture, possession,  
            transportation, or sale of short-barreled rifles or 
            short-barreled shotguns.  The permit shall be initially valid 
            for a period of one year, and renewable annually thereafter.  
            No permit shall be issued to a person who is under 18 years of 
            age.  ›Penal Code Section 33300(a).]  

          2)Specifies "good cause", for the purposes of this section, 
            shall be limited to only the following:  ›Penal Code Section 
            33300(b).]  

             a)   The permit is sought for the manufacture, possession, or 
               use with blank cartridges of a short-barreled rifle or 
               short-barreled shotgun, solely as a prop for a motion 
               picture, television, or video production or entertainment 
               event.

             b)   The permit is sought for the manufacture of, exposing 
               for sale, keeping for sale, sale of, importation or lending 
               of short-barreled rifles or short-barreled shotguns to the 
               entities by persons who are licensed as dealers or 
               manufacturers under the specified provisions of the United 








                                                                  AB 1559
                                                                  Page  2

               States Code, as amended, and the regulations issued 
               pursuant thereto.

           FISCAL EFFECT  :   Unknown

           COMMENTS  :   

           1)Author's Statement  :  According to the author, "This measure is 
            needed by the entertainment industry to ensure that they do 
            not run into trouble with the labyrinth of laws the regulate 
            gun ownership and gun possession in California. This measure 
            will allow film and television production companies the 
            ability to legally import firearms for us in their activities. 
            We have been working with the Department of Justice and will 
            continue to do so to make sure that safe and responsible gun 
            laws are enacted in California." 

           2)Use of Firearms as Props  :  This bill adds importation of 
            short-barreled firearms for use as props in the entertainment 
            industry to existing provisions which permit the manufacture, 
            possession, transportation, or sale of the same weapons.  
            Existing law already provides for a system by which DOJ 
            determines if there is a public safety risk or good cause.  
            The permit is issued for one year and is renewable.  
             
             California's entertainment industry makes use of these 
            weapons.  Given the existing safety provisions, this bill is a 
            very minor expansion of existing law.   
             
           3)Inspections  :  Under existing law, every person, firm or 
            corporation who holds a dangerous weapon or destructive device 
            permit is required to keep that permit on his or her person or 
            at the place where the dangerous weapons or destructive 
            devices are stored.  Permits are open to inspection by any 
            peace officer or any person designated by the authority 
            issuing the permit.  

           4)Prior Legislation  :  AB 2580 (Simitian), Statutes of 2002, 
            Chapter 910, enables DOJ to expand its regulation enforcement 
            activities to include inspections of each firm or corporation 
            permitted to possess or manufacture short-barreled rifles or 
            shotguns, assault weapons, machine guns, and destructive 
            devices. 
           
          REGISTERED SUPPORT / OPPOSITION  :   








                                                                  AB 1559
                                                                  Page  3


           Support 
           
          None

           Opposition 
           
          None
           

          Analysis Prepared by  :    Gabriel Caswell / PUB. S. / (916) 
          319-3744