BILL ANALYSIS Ó ----------------------------------------------------------------- |SENATE RULES COMMITTEE | SB 47| |Office of Senate Floor Analyses | | |1020 N Street, Suite 524 | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ----------------------------------------------------------------- THIRD READING Bill No: SB 47 Author: Yee (D), et al. Amended: 5/24/13 Vote: 21 SENATE PUBLIC SAFETY COMMITTEE : 5-2, 4/16/13 AYES: Hancock, Block, De León, Liu, Steinberg NOES: Anderson, Knight SENATE APPROPRIATIONS COMMITTEE : 7-0, 5/6/13 AYES: De León, Walters, Gaines, Hill, Lara, Padilla, Steinberg SUBJECT : Firearms: assault weapons SOURCE : Author DIGEST : This bill defines "fixed magazine" and amends the definition of assault weapons as specified. This bill provides that any person who was eligible to register an assault weapon and lawfully possessed such a weapon as specified prior to January 1, 2014 is exempt from penalties until July 1, 2015. This bill requires that any person who from January 1, 2001, to December 31, 2013, that lawfully possessed an assault weapon that does not have a fixed magazine, as specified, register the firearm with the Department of Justice (DOJ) before July 1, 2015, as specified. ANALYSIS : Existing law: 1. States legislative intent to place restrictions on the use CONTINUED SB 47 Page 2 of assault weapons and .50 BMG rifles and to establish a registration and permit procedure for their lawful sale and possession. 2. Defines "assault weapon" as one of certain specified rifles and pistols, as specified. 3. Defines a "detachable magazine" as any ammunition feeding device that can be removed readily from the firearm with neither disassembly of the firearm action nor use of a tool being required. A bullet or ammunition cartridge is considered a tool. Ammunition feeding device includes any belted or linked ammunition, but does not include clips, en bloc clips, or stripper clips that load cartridges into the magazine. 4. Provides that unlawful possession of an assault weapon is an alternate felony-misdemeanor and shall be punished by imprisonment in a county jail for a period not exceeding one year, or by imprisonment. A first violation of these provisions is punishable by a fine not exceeding $500 if the person was found in possession of no more than two firearms and certain specified conditions are met. 5. Provides that any person who within California manufactures, imports into California, offers for sale, or who gives or lends any assault weapon with specified exceptions is guilty of a felony punishable by imprisonment in state prison for four, six, or eight years. 6. Requires that any person who lawfully possesses an assault weapon, as specified, must register the firearm with DOJ, as specified. This bill: 1. Amends the definition of assault weapon to refer to a firearm that has one of several specified military-style features and does not have a "fixed magazine" rather than a firearm with one of those features and the "capacity to accept a detachable magazine." 2. Defines "fixed magazine" as "an ammunition feeding device contained in, or permanently attached to, a firearm in such a CONTINUED SB 47 Page 3 manner that the device cannot be removed without disassembly of the firearm action." 3. Provides that, notwithstanding the new definition of assault weapon contained in this bill, any person who possessed an assault weapon prior to January 1, 2014, is exempt from punishment, as specified, until July 1, 2015, if all of the following are applicable: A. During the person's possession, the person was eligible to register that assault weapon pursuant, as specified. B. The person lawfully possessed that assault weapon on January 1, 2014. 1. Provides that any person who, from January 1, 2001, to December 31, 2013, inclusive, lawfully possessed an assault weapon that does not have a fixed magazine, as specified, including those weapons with an ammunition feeding device that can be removed readily from the firearm with the use of a tool, shall register the firearm before July 1, 2015, with the DOJ pursuant to those procedures that DOJ may establish, as follows: A. Registrations shall be submitted electronically via the Internet utilizing a public-facing application made available by DOJ. B. The registration shall contain a description of the firearm that identifies it uniquely, including all identification marks, the date the firearm was acquired, the name and address of the individual from whom, or business from which, the firearm was acquired, as well as the registrant's full name, address, telephone number, date of birth, sex, height, weight, eye color, hair color, and California driver's license number or California identification card number. C. DOJ may charge a fee of up to $15 per person but not to exceed the reasonable processing costs of DOJ. The fee shall be paid by debit or credit card at the time that the electronic registration is submitted to DOJ. The fee shall be deposited in the Dealers' Record of Sale Special CONTINUED SB 47 Page 4 Account. D. DOJ shall establish procedures for the purpose of carrying the provisions of this bill. These procedures shall be exempt from the Administrative Procedure Act. FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes Local: Yes According to the Senate Appropriations Committee: As currently drafted, costs to the DOJ are indeterminable, as the required system changes could not be completed until January 1, 2015, six months past the registration deadline. Assuming the registration date is extended one year, one-time costs of about $1 million (Special Fund) for the DOJ to redesign the existing Assault Weapon Registration system with a new web user interface to enable online registration of the specified firearms. Online registration processing costs of $2.3 million (Special Fund) over six months to be fully offset by fees collected from registrants. Any additional workload to process registrations after the initial batch is completed is estimated to be minor. Unknown, increased annual state incarceration costs potentially in the millions of dollars (General Fund). For every 100 new felony convictions, costs in the range of $2.8 million to $6 million, compounding to $11.2 million to $24 million for overlapping sentences assuming the middle term of the triads for violations of both manufacturing and possession. Increased annual local incarceration costs (Local) for possession of assault weapons without proper registration. Potential near-term loss of sales tax revenue of $1.6 million (General Fund) per 10% of annual rifle sales in California. Future year impact could be somewhat mitigated to the extent consumers shift to purchases of alternative firearms. CONTINUED SB 47 Page 5 SUPPORT : (Verified 5/25/13) Attorney General Kamala D. Harris American Academy of Pediatrics American Association of University Women American College of Emergency Physicians Anti-Defamation League Auburn Area Democratic Club Bend the Arc: Jewish Partnership for Justice California Brady Campaign to Prevent Gun Violence California Church Impact California Federation of Teachers California Medical Association California Nurses Association California Parent Teacher Association Christy Lynn Wilson Foundation City and County of San Francisco City of Oakland Clue California Coalition Against Gun Violence Santa Barbara Coalition to Stop Gun Violence Courage Campaign Credo-Action Petition signed by 30,371 individuals Democrat Women of Santa Barbara County Doctors for America Laguna Woods Democratic Club Law Center to Prevent Gun Violence League of Women Voters of California Los Angeles Community College District Los Angeles Mayor Antonio R. Villaraigosa Los Angeles Police Department Chief Charlie Beck Moms Demand Action for Gun Sense in America NAACP California State Conference National Council of Jewish Women Neighbors Untied to Protect our Communities Orange County Chapter of the Brady Campaign to Prevent Gun Violence Orange County Democrats Partnership to End Domestic Violence PICO California San Francisco Committee against Gun Violence San Francisco Police Chief Gregory P. Suhr San Francisco Sheriff Ross Mirkarimi Santa Barbara Rape Crises Center CONTINUED SB 47 Page 6 Sisters of St. Joseph of Orange South County Citizens Against Gun Violence Tri-Cities Democratic Forum Tri-City Interfaith Council United Educators of San Francisco Violence Policy Center Violence Prevention Coalition of Greater Los Angeles Violence Prevention Coalition of Orange County Women Against Gun Violence Women For: Orange County Youth ALIVE! OPPOSITION : (Verified 5/25/13) California Association of Firearms Retailers Crossroads of the West Gun Shows National Rifle Association National Shooting Sports Foundation, Inc. Outdoor Sportsmen's Coalition of California Safari Club International Shasta County Sheriff Tom Bosenko The California Sportsman's Lobby, Inc. ARGUMENTS IN SUPPORT : The California Brady Campaign to Prevent Gun Violence states: The California Brady Campaign Chapters support banning military-style semi-automatic assault weapons. The rapid and accurate spray of bullets associated with assault weapons is a threat to police officers, families, and communities. As was shown by the tragedy at Sandy Hook School, an assault weapon escalates the lethality and number of victims in a rampage shooting incident. Unfortunately, firearm manufactures have found ways to enable the dangerous quick reloading that the California's assault weapons law sought to ban. For example, the "bullet button" is a feature that enables the firearm owner to use a bullet or other pointed object to quickly detach and replace the weapon's ammunition magazine. Because the use of a bullet or other "tool" is required to remove the magazine, the sale of bullet button-equipped guns has been allowed, even though the California assault weapons law prohibits weapons that have "the capacity to accept a detachable magazine." CONTINUED SB 47 Page 7 The California Brady Campaign Chapters support clarifying and strengthening California's assault weapons law as proposed by SB 47. The bill would revise the provisions to mean a weapon that "does not have a fixed magazine" but has any one of the features would be unlawful. The bill defines "fixed magazine" as an ammunition feeding device contained in, or permanently attached to, a firearm in such a manner that the device cannot be removed without disassembly of the firearm action. ARGUMENTS IN OPPOSITION : The California Association of Firearms Retailers (CAFR) states: Though recent shootings in other states have been alleged as demonstrating a need for SB 47, none of them would have been prevented or even curtailed by the provisions of this bill. The concerns expressed as the basis for SB 47 are theoretical and are not based on any proven impact that the proposed changes would have relative to preventing criminal and mentally unbalanced individuals from improperly using firearms. It would have no preventative impact on these persons and would not change their behavior. It is their behavior that is the real problem. The existing body of California law dealing with "assault weapons" is very comprehensive and deals adequately with its intended purpose. SB 47 addresses an alleged "problem" that in reality is very small, if it is a problem, and is not sufficient to warrant the proposed legislation. California is faced with a great many truly serious issues, such as its deteriorating business climate and the challenges created by AB 109 (realignment). The member businesses of CAFR provide substantial benefits to the state by generating jobs, commerce, tax revenues, and making many other important contributions. They strongly believe that the legislature should focus on the state's real problems, not minor or largely theoretical issues such as the subject matter of SB 47. JG:k 5/28/13 Senate Floor Analyses CONTINUED SB 47 Page 8 SUPPORT/OPPOSITION: SEE ABOVE **** END **** CONTINUED