BILL ANALYSIS Ó
AB 170
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CONCURRENCE IN SENATE AMENDMENTS
AB 170 (Bradford)
As Amended May 29, 2013
Majority vote
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|ASSEMBLY: |49-24|(April 15, |SENATE: |21-14|(September 11, |
| | |2013) | | |2013) |
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Original Committee Reference: PUB. S.
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.
The Senate amendments redefine "person" to mean an individual
for purposes of a sentence enhancement for any person who
commits another crime while violating specified crimes relating
to assault weapons and redefine "person" to mean an individual,
partnership, corporation, limited liability company,
association, or any other group when referring to a "licensed
gun dealer."
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
AB 170
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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 the
Department of Justice (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
requiring a DOJ permit is subject to an inspection once every
five years, or more frequently if determined by DOJ.
AS PASSED BY THE ASSEMBLY , this bill provided 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)Provided 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 DOJ to possess an assault
weapon, a .50 BMG rifle, or a machine gun, as specified.
2)Made 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)Except 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.
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4)Except 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.
FISCAL EFFECT : According to the Senate Appropriations
Committee, pursuant to Senate Rule 28.8, negligible state costs.
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: 0001290