BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                            



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                                    THIRD READING


          Bill No:  AB 48
          Author:   Skinner (D), et al.
          Amended:  9/6/13 in Senate
          Vote:     21

           
           SENATE PUBLIC SAFETY COMMITTEE  :  5-1, 7/2/13
          AYES:  Hancock, Block, De León, Liu, Steinberg
          NOES:  Knight
          NO VOTE RECORDED:  Anderson

           SENATE APPROPRIATIONS COMMITTEE  :  5-2, 8/30/13
          AYES:  De León, Hill, Lara, Padilla, Steinberg
          NOES:  Walters, Gaines

           ASSEMBLY FLOOR  :  Not relevant


           SUBJECT  :    Firearms:  large-capacity magazines

           SOURCE  :     Author


           DIGEST  :    This bill adds the purchase or receipt of any large  
          capacity magazine to the existing ban on the importation,  
          manufacture, or sale of such magazines and commencing January 1,  
          2014, makes it a misdemeanor for any person who knowingly  
          manufactures or causes to be manufactured, imports, keeps for  
          sale, or who gives, lends, buys, or receives any large capacity  
          magazine conversion kit, as specified.

           Senate Floor Amendments  of 9/6/13 delete the requirement that  
          the Department of Justice notify local law enforcement entities  
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          if an ammunition purchaser, who is not a vendor, obtains more  
          than 6,000 rounds of ammunition within a seven-day period, and  
          add double-jointing language with SB 396 (Hancock and Steinberg)  
          to avoid chaptering-out issues. 

           ANALYSIS  :    

          Existing law 

          1.Makes it a crime to manufacture, import, keep for sale, offer  
            or expose for sale, or give or lend any large-capacity  
            magazine, and makes a large-capacity magazine a nuisance. 

          2.Defines "large-capacity magazine" to mean any ammunition  
            feeding device with the capacity to accept more than 10 rounds  
            but excludes, in pertinent part, a feeding device that has  
            been permanently altered so that the magazine cannot  
            accommodate more than 10 rounds.

          3.Prohibits any person, corporation, or dealer from selling  
            ammunition to a person under 18 years of age, selling  
            ammunition designed for use in a handgun to a person under 21  
            years of age, or providing possession of any ammunition to any  
            minor who the person, corporation, or dealer knows is  
            prohibited from possessing that ammunition at that time.

          4.Prohibits a person, corporation, or firm from giving  
            possession or control of ammunition to any person who he/she  
            knows is prohibited by law from possessing ammunition. 

          5.Regulates handgun ammunition vendors and provides that a  
            handgun ammunition vendor will not permit any employee who the  
            vendor knows or reasonably should know is a person who has  
            been convicted of a felony or other specified crimes to  
            handle, sell, or deliver handgun ammunition in the course and  
            scope of employment.

          This bill:

          1.Adds the purchase or receipt of any large capacity magazine to  
            the existing ban on the importation, manufacture, or sale of  
            such magazines.  Violations are an alternate  
            felony/misdemeanor, punishable by imprisonment in county jail  
            for up to one year for a misdemeanor, or for 16 months, two  

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            years, or three years in county jail (or state prison for  
            persons with a prior serious or violent felony) for a felony. 

          2.Commencing January 1, 2014, provides that any person who  
            knowingly manufactures or causes to be manufactured, imports  
            into the state, keeps for sale, or offers or exposes for sale,  
            or who gives, lends, buys, or receives any large capacity  
            magazine conversion kit is guilty of a misdemeanor, punishable  
            by a fine of up to $1,000, imprisonment in county jail for up  
            to six months, or both.

          3.Defines "manufacturing" to include both fabricating a magazine  
            and assembling a magazine from a combination of parts,  
            including, but not limited to, the body, spring, follower, and  
            floor plate or end plate, to be a fully functioning  
            large-capacity magazine.

          4.Defines "large capacity magazine conversion kit" as a device  
            or combination of parts of a fully functioning large-capacity  
            magazine, including, but not limited to, the body, spring,  
            follower, and floor plate or end plate, capable of converting  
            an ammunition feeding device into a large-capacity magazine.

          5.Adds double-jointing language with SB 396 (Hancock and  
            Steinberg) to avoid chaptering out issues.

           Related Legislation
           
          SB 53 (de León, 2013) requires the sale, purchase, and transfer  
          of ammunition to be subject to additional regulations, as  
          specified.  Among other provisions, this bill requires the  
          Attorney General to maintain copies of ammunition purchase  
          permits, ammunition transaction information, and ammunition  
          vendor licenses. 

           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  Yes    
          Local:  Yes

          According to the Senate Appropriations Committee:

           Due to the bill's contingent enactment on SB 53, DOJ costs of  
            $0.2 million in FY 2013-14, $1.1 million in FY 2014-15, and  
            $0.4 million in FY 2015-16 (Special Fund*) and annually  
            thereafter to establish, maintain, and operate a database  

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            capable of notification upon the ammunition purchase limit as  
            prescribed in this measure are currently covered under the  
            costs of SB 53 as amended on June, 27, 2013.  Senate  
            Appropriations Committee staff notes that because the enacted  
            version of SB 53 cannot be known with certainty at this time,  
            to the extent SB 53 is amended to revise or remove the  
            applicable provisions related to development of a database,  
            the estimated costs could potentially be incurred by this  
            bill.

           Non-reimbursable local enforcement and incarceration costs,  
            offset to a degree by fine revenue.

           Minor, if any, fiscal impact on the state prison population as  
            it is already a prison-eligible felony under PEN Section  
            29800(a)(1) for anyone with a prior felony conviction to  
            purchase or receive any firearm or ammunition.

           Potential ongoing minor court-related costs (General Fund**)  
            for new misdemeanor filings.

           While the impact of this bill independently on local jails is  
            likely to be minor, the cumulative effect of new or expanded  
            crimes impacting jail overcrowding could create General Fund  
            cost pressure on capital outlay, staffing, programming, the  
            courts, and other resources in the context of criminal justice  
            realignment.

          *Dealers' Record of Sale (DROS) Special Account
          **Trial Court Trust Fund

           SUPPORT  :   (Verified  8/30/13)

          AFSCME
          California Police Chiefs Association
          Albany City Council 
          Albany Unified School District
          Berkeley City Council 
          California Chapter of the American College of Emergency  
          Physicians
          California Chapters of the Brady Campaign to Prevent Gun  
          Violence 
          California Nurses Association
          Cities of Albany, Berkeley, Beverly Hills, El Cerrito,  

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          Emeryville, Oakland,                                         
          Piedmont, and Sacramento
          Courage Campaign
          Emery Unified School District
          Law Center to Prevent Gun Violence 
          Los Angeles County Sheriff's Department 
          South County Citizens Against Gun Violence 
          Violence Prevention Coalition of Orange County 
          Women Against Gun Violence 
          West Contra Costa Unified School District 
          Youth Alive 

           OPPOSITION  :    (Verified  8/30/13)

          California Sportsman's Lobby 
          California Waterfowl Association 
          National Association for Gun Rights
          Safari Club International 
          Sheriff of Shasta County, California 
          Outdoor Sportsmen's Coalition of California 


          JG:nl  9/9/13   Senate Floor Analyses 

                           SUPPORT/OPPOSITION:  SEE ABOVE

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