BILL ANALYSIS Ó AB 170 Page 1 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 Page 2 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 Page 3 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 FN: 0000143