BILL ANALYSIS Ó
AB 170
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Date of Hearing: April 10, 2013
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Mike Gatto, Chair
AB 170 (Bradford) - As Amended: March 20, 2013
Policy Committee: Public
SafetyVote: 5-2
Urgency: No State Mandated Local Program:
Yes Reimbursable: No
SUMMARY
This bill specifies that only an individual person may be issued
a permit to possess an assault weapon, .50 BMG rifle, or machine
gun, by specifying that no partnership, corporation, limited
liability company, association, or any other group or entity,
may be issued a permit by the Department of Justice (DOJ) to
possess an assault weapon, a .50 BMG rifle, or a machine gun.
This bill also makes conforming changes to annual inspections,
for security and safe storage purposes, of persons permitted to
possess these weapons.
FISCAL EFFECT
Negligible state and local law enforcement costs as this bill
comports with current law enforcement practice.
COMMENTS
1)Rationale . The author's intent is to address what he - and the
Department of Justice (DOJ) - see as a quirk in the law that
allows a business entity to share possession of assault
weapons and .50 BMG rifles among their members without each
member being subjected to a background check.
DOJ contends that since background checks are required to
possess permitted specified weapons, and since only
individuals can pass background checks, only individuals may
receive permits. Following a petition by a gun manufacturer
however, the Office of Administrative Law found DOJ's
interpretation an invalid underground regulation. The DOJ has
AB 170
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petitioned the Superior Court on this matter. This bill
resolves the contention.
2)Current law:
a) 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.
b) Makes it a felony, punishable by imprisonment by 4, 6,
or 8 years, for any person to manufacture, distribute,
transport, or import into California, keep or offer for
sale, or give or lend an assault weapon or .50 BMG rifle,
with specified exceptions.
3)Supporters include the American Federation of State, County
and Municipal Employees, AFL-CIO (AFSCME), the Brady Campaign
to Prevent Gun Violence, California Chapters, and the Law
Center to Prevent Gun Violence.
4)Opponents include the National Rifle Association and other gun
owner groups.
Analysis Prepared by : Geoff Long / APPR. / (916) 319-2081