BILL ANALYSIS Ó
AB 170
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Date of Hearing: March 12, 2013
Counsel: Shaun Naidu
ASSEMBLY COMMITTEE ON PUBLIC SAFETY
Tom Ammiano, Chair
AB 170 (Bradford) - As Introduced: January 24, 2013
SUMMARY : Provides that only an individual person may be issued
a permit to possess an assault weapon, .50 BMG rifle, or machine
gun, as specified. Specifically, this bill :
1)Provides that starting January 1, 2014, no partnership,
corporation, limited liability company, association, or any
other group or entity, regardless of how the entity was
created, may be issued a permit by the Department of Justice
(DOJ) to possess an assault weapon, a .50 BMG rifle, or a
machine gun, as specified.
2)Makes conforming changes, including changes relating to annual
inspections, for security and safe storage purposes, of
certain permitees possessing assault weapons or .50 BMG
rifles, as specified.
3)Excepts the application of the definition of a "person" as an
individual from provisions imposing specified sentencing
enhancements for violations relating to assault weapons or .50
BMG rifles.
4)Excepts the application of the definition of a "person" as an
individual from provisions that generally prohibit the
manufacture, distribution, transportation, importation,
keeping or offering for sale, giving, or lending of an assault
weapon or .50 BMG rifle.
EXISTING LAW :
1)Makes it a felony, punishable by imprisonment for four, six,
or eight years, for any person who within California
manufactures, distributes, transports, or imports into
California, keeps or offers for sale, or who gives or lends
any assault weapon or .50 BMG rifle, with specified
exceptions. Provides for an enhanced sentence of one year to
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any person who transfers, lends, sells, or gives any assault
weapon or .50 BMG rifle to a minor. [Penal Code Section
30600.]
2)Provides that any person who commits another crime while
violating the above restriction may receive an additional,
consecutive punishment of one year imprisonment for violating
the above restriction, in addition and consecutive to the
punishment, including enhancements, for the other crime.
[Penal Code Section 30615.]
3)Defines "person," with regard to Penal Code provisions
relating to assault weapons and .50 BMG rifles, to mean an
individual, partnership, corporation, limited liability
company, association, or any other group or entity, regardless
of how it was created. [Penal Code Section 16970.]
4)Requires any person who lawfully acquired or wishes to acquire
an assault weapon or .50 BMG rifle to obtain a permit from DOJ
to keep or to acquire the assault weapon or .50 BMG rifle; and
requires any person who lawfully acquired such firearm within
specified time periods, to obtain a permit from DOJ to use the
firearm, with specified exceptions. A satisfactory showing
that good cause exists must be found by DOJ for issuance of a
permit. [Penal Code Sections 31000 and 32650.]
5)Allows DOJ to issue permits for the possession, manufacture,
and/or transportation of machineguns upon a satisfactory
showing that good cause exists for the issuance of a permit to
an applicant who is 18 years of age or older. [Penal Code
Section 32650.]
6)Requires DOJ, for every person, firm, or corporation to whom a
permit is issued, to conduct annually an inspection for
security and safe storage purposes and to reconcile the
inventory of permitted firearm, except that a person, firm, or
corporation that has an inventory of fewer than five devices
requiring a DOJ permit is subject to an inspection once every
five years, or more frequently if determined by DOJ. [Penal
Code Sections 31110 and 32670.]
FISCAL EFFECT : Unknown
COMMENTS :
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1)Author's Statement : According to the author, "A loophole in
current law allows a business entity or organization to share
possession of assault weapons and .50 BMG rifles amongst their
members without each member being subjected to a background
check.
"AB 170 would prohibit a partnership, corporation, limited
liability company, association, or any other group or entity
from being issued a permit to possess an assault weapon or a
.50 BMG rifle. In doing so, this bill would ensure that all
individuals who possess these weapons have been through the
appropriate background check."
2)Background : As described by the author, "Currently, an
individual, partnership, corporation, limited liability
company, association, and other specified business entities
can apply for, and be issued, a permit to possess assault
weapons and .50 BMG rifles. To do so, they simply must
complete an application with the California Department of
Justice which includes a background check. ? While
individuals are not permitted to share possession of the
weapon without being subject to a background check, a loophole
allows a business entity or organization to share possession
amongst their members without each member being subjected to a
background check."
3)Pending Litigation : Currently, DOJ reads California's assault
weapon permit scheme to allow DOJ to issue permits to acquire
or manufacture assault weapons and .50 BMG rifles in
California only to persons who can pass a background check.
Because only individuals (as opposed to corporations or other
organizations) can be subjected to a background check, DOJ
issues assault weapon permits only to individuals. A firearm
manufacturer petitioned the Office of Administrative Law (OAL)
to declare that DOJ's interpretation of the law as an
impermissible "underground regulation." The OAL issued a
nonbinding determination finding that DOJ's policy was an
invalid underground regulation, as it was not adopted as
required by California law relating to regulation formation.
DOJ has filed a petition in Superior Court asking the court to
find that DOJ's interpretation is the only legally tenable
interpretation of the permit scheme and therefore not a
regulation. [California Department of Justice - Bureau of
Firearms v. Office of Administrative Law (California Business
Environments Inc. DBA Franklin Armory) (Super. Ct. Sacramento,
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____, No. 34-2012-80001279).]
4)Argument in Support : According to the American Federation of
State, County and Municipal Employees, AFL-CIO , "By
restricting the ability of partnerships, corporations,
companies, associations, and other groups to own assault
weapons and .50 BMG rifles, this bill ensures that the
Department of Justice knows specifically which individuals are
in possession of these weapons. This bill will help ensure
that guns are only in the hand of responsible gun owners who
use safety precautions and safe storage practices in
exercising their second amendment rights."
5)Related Legislation :
a) SB 47 (Yee) would, in part, revise the meaning of
"assault weapon" as defined in California law. SB 47 is
pending a hearing in the Senate Public Safety Committee.
b) SB 374 (Steinberg), would, in part, revise the meaning
of "assault weapon" as defined in California law. SB 374
is pending a hearing in the Senate Public Safety Committee.
REGISTERED SUPPORT / OPPOSITION :
Support
American Federation of State, County and Municipal Employees,
AFL-CIO
Brady Campaign to Prevent Gun Violence, California Chapters
Law Center to Prevent Gun Violence
Opposition
Acedemi, Inc.
California Rifle and Pistol Association
FLL Guard, LLC
Gun Owners of California
Moog, Inc.
National Rifle Association
Two private individuals
Analysis Prepared by : Shaun Naidu / PUB. S. / (916) 319-3744
AB 170
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