BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                  AB 170
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          ASSEMBLY THIRD READING
          AB 170 (Bradford)
          As Amended  March 20, 2013
          Majority vote 

           PUBLIC SAFETY       5-2         APPROPRIATIONS      12-5        
           
           ----------------------------------------------------------------- 
          |Ayes:|Ammiano, Jones-Sawyer,    |Ayes:|Gatto, Bocanegra,         |
          |     |Mitchell, Quirk, Skinner  |     |Bradford, Ian C.          |
          |     |                          |     |Calderon, Campos, Eggman, |
          |     |                          |     |Gomez, Hall, Holden, Pan, |
          |     |                          |     |Quirk, Weber              |
          |     |                          |     |                          |
          |-----+--------------------------+-----+--------------------------|
          |Nays:|Melendez, Waldron         |Nays:|Harkey, Bigelow,          |
          |     |                          |     |Donnelly, Linder, Wagner  |
           ----------------------------------------------------------------- 
           
          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  








                                                                  AB 170
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            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  
            any person who transfers, lends, sells, or gives any assault  
            weapon or .50 BMG rifle to a minor.  

          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.  

          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.  

          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.  

          5)Allows DOJ to issue permits for the possession, manufacture,  
            and/or transportation of machine guns 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.  

          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  








                                                                  AB 170
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            requiring a DOJ permit is subject to an inspection once every  
            five years, or more frequently if determined by DOJ.  

           FISCAL EFFECT  :  According to the Assembly Appropriations  
          Committee, negligible state and local law enforcement costs as  
          this bill comports with current law enforcement practice.

           COMMENTS  :  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."

          Please see the policy committee analysis for a full discussion  
          of this bill.
           

          Analysis Prepared by  :    Shaun Naidu / PUB. S. / (916) 319-3744 


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