BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                            



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                                    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  
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             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  

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             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  

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                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.


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           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

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          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."  

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             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 

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                           SUPPORT/OPPOSITION:  SEE ABOVE

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