BILL ANALYSIS Ó Senate Appropriations Committee Fiscal Summary Senator Kevin de León, Chair SB 47 (Yee) - Firearms: assault weapons. Amended: March 20, 2013 Policy Vote: Public Safety 5-2 Urgency: No Mandate: Yes Hearing Date: May 6, 2013 Consultant: Jolie Onodera This bill meets the criteria for referral to the Suspense File. Bill Summary: SB 47 would update California's regulation of "assault weapons," as follows: 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 that has one of those features and "has the capacity to accept a detachable magazine". 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. Requires that any person who from January 1, 2001, to December 31, 2013, lawfully possessed an assault weapon that does not have a fixed magazine, as defined, register the firearm via online submission before July 1, 2014, with the Department of Justice (DOJ), as specified. Authorizes DOJ to charge a fee of up to $15 per person but not to exceed the reasonable processing costs for this registration. Fiscal Impact: 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 (AWR) 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 SB 47 (Yee) Page 1 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 percent of annual rifle sales in California. Future year impact could be somewhat mitigated to the extent consumers shift to purchases of alternative firearms. *Dealers' Record of Sale (DROS) Special Account **AWR redesign costs are also included in SB 567 (Jackson). In the event both SB 567 and this measure are enacted, the DOJ would only incur this cost once. Background: The enactment of the assault weapons ban in California is described by the federal Court of Appeal from Silveira v. Lockyer, 312 F.3d 1052 (9th Cir. 2002), in part, as follows: In response to a proliferation of shootings involving semi-automatic weapons, the California Legislature passed the Roberti-Roos Assault Weapons Control Act ("the AWCA") in 1989. The immediate cause of the AWCA's enactment was a random shooting earlier that year at the Cleveland Elementary School in Stockton, California. An individual armed with an AK-47 semi-automatic weapon opened fire on the schoolyard, where three hundred pupils were enjoying their morning recess. Five children aged 6 to 9 were killed, and one teacher and 29 children were wounded. The codified legislative findings and declarations of the AWCA state, in part, "that the proliferation and use of assault weapons poses a threat to the health, safety, and security of all citizens of this state. The Legislature has restricted the assault weapons specified in Section 30510 based upon finding that each firearm has such a high rate of fire and capacity for firepower that its function as a legitimate sports or recreational firearm is substantially outweighed by the danger that it can be used to kill and injure human beings. It is the intent of the Legislature in enacting this chapter to place SB 47 (Yee) Page 2 restrictions on the use of assault weapons and to establish a registration and permit procedure for their lawful sale and possession." The AWCA was amended by SB 23 (Perata) Chapter 129/1999 to expand the definition of an assault weapon to include a definition based on its generic characteristics in addition to one of several specified features. SB 23 was enacted in response to the marketing of so-called "copycat" weapons - firearms that were substantially similar to weapons on the prohibited list but slightly different, perhaps only by the name of the weapon, thereby circumventing the ban. The more general definition of an assault weapon enacted under SB 23 was intended to remove the allowance of such copycat weapons that the law previously authorized by its definition of an assault weapon as only those listed by specified make and model. This bill seeks to address the issue regarding the definition of an assault weapon as it pertains to what constitutes a "detachable magazine." Regulations promulgated after the enactment of SB 23 define 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." (11 CFR § 5469(a)) In response to this definition, features such as the "bullet button" have been developed by firearms manufacturers that enable easy detachment of a magazine with the use of a "tool" and are thus not classified as a "detachable magazine." As a result, firearms with features such as the "bullet button" do not fall within the current definition of an assault weapon. Proposed Law: This bill would redefine "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 that has one of those features and "has the capacity to accept a "detachable magazine." This 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. Requires that any person who from January 1, 2001, to December 31, 2013, lawfully possessed an assault weapon that does not have a fixed magazine, as defined, register the SB 47 (Yee) Page 3 firearm via online submission utilizing a public-facing application before July 1, 2014, with the DOJ. Authorizes DOJ to charge a fee of up to $15 per person not to exceed the reasonable processing costs of the DOJ. Fees are to be deposited in the DROS Account. Requires the fee to be paid by debit or credit card at the time the electronic registration is submitted to the DOJ. Related Legislation: This measure is part of the following legislative package deemed the Lifesaving Intelligent Firearms Enforcement (LIFE) Act: SB 53 (De Leon) 2013 would require the sale, purchase, and transfer of ammunition to be subject to additional regulations, as specified. This bill would 1) require ammunition purchasers to obtain an ammunition purchase permit and complete a background check prior to any transaction, and, 2) require DOJ to maintain records of all ammunition vendor licenses and purchase permits issued, as well as all ammunition sales. This bill is scheduled to be heard today by this committee. SB 140 (Leno) 2013 Chapter 2/2013, an urgency measure, appropriates $24 million from the DROS Special Account to the DOJ to address the backlog of unlawfully held firearms in the Armed Prohibited Persons System (APPS). This bill was signed by the Governor on May 1, 2013. SB 374 (Steinberg) 2013 would 1) redefine the definition of what rifles would be considered assault weapons, 2) provide a definition for both "fixed magazine" and "detachable magazine," 3) require the registration of specified lawfully possessed assault weapons with the DOJ, and, 4) enact provisions establishing a Firearm Ownership Record, as specified. This bill is scheduled to be heard today by this committee. SB 396 (Hancock) 2013 would ban the possession of large-capacity ammunition magazines capable of holding more than 10 rounds, and would require the disposal of any large-capacity magazine, as defined, in specified ways. This bill is scheduled to be heard today by this committee. SB 567 (Jackson) 2013 would revise the definition of shotgun to 1) delete language stating that to be considered a shotgun, the weapon must be intended to be fired from the shoulder, and 2) SB 47 (Yee) Page 4 add language stating a shotgun may include a weapon with a rifled bore as well as a smooth bore. This bill is scheduled to be heard today by this committee. SB 683 (Block) 2013 would expand the current safety certificate requirement on handguns to all firearms. This bill is scheduled to be heard today by this committee. SB 755 (Wolk) 2013 expands the list of misdemeanors that result in a 10-year prohibition from firearms possession to include drug and alcohol-related offenses. This bill is scheduled to be heard today by this committee. Staff Comments: The DOJ has indicated one-time costs of about $1 million (Special Fund*) to redesign the existing Assault Weapon Registration (AWR) system with a new web user interface to enable online registration of the specified firearms, to be fully offset by fees. The existing AWR application is over 13 years old, and due to its inflexibility and lack of technical support, DOJ has indicated it cannot be modified for the new business requirements. The new application would be public facing for applicants to complete the personal and firearm information along with the required fee payable upon registration. Online registration processing costs are projected at $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 group of registrants is completed is estimated to be minor. Under existing law, unlawful possession of an assault weapon is an alternate felony-misdemeanor punishable as a felony by imprisonment in a county jail for 16 months, two or three years (or in state prison with a serious or violent prior felony), or as a misdemeanor by imprisonment in a county jail for up to one year. Current law also provides that any person who within the state imports, manufactures, offers for sale, or who gives or lends any assault weapon, is guilty of a felony punishable by imprisonment in state prison for four, six, or eight years. By narrowing the scope of firearms that are legal in the state, this bill expands the scope of the aforementioned crimes. Arrest information from the DOJ indicates an increasing number of violations of possession of an assault weapon since 2010, with 825 arrests in 2012. Arrest data for felony violations for SB 47 (Yee) Page 5 the import, sale, manufacture, or loan of an assault weapon reflect a decreasing trend, with 124 arrests in 2012. According to the CDCR, 58 individuals in 2011 and 22 individuals in 2012 were committed to state prison specific to these crimes. It is unknown how many persons will be convicted under the expanded scope of these crimes, though it is assumed the convictions could likely be highest in the near-term. For every 100 individuals (assuming convictions for both manufacturing/sale and possession), increased state incarceration costs could range from $2.8 million to $6 million (General Fund) per year, compounding to $11.2 million to $24 million due to overlapping sentences (assuming the middle terms of the 4, 6, 8 year triad for manufacturing and 16 month, 2, 3 year triad for possession with a prior), based on the range of potential costs to accommodate extended state prison sentences. To the extent the number of individuals impacted is greater/less or the average sentence imposed is longer/shorter than estimated, annual costs would be impacted accordingly. California's prison system continues to operate under federal oversight as it addresses the issues of prison overcrowding and constitutionally adequate health and mental health care in its 33 facilities. On April 11, 2013, the three-judge panel denied the state's motion to vacate/modify the inmate population cap and ordered the state to provide a list of proposed population reduction measures within 21 days of the order (May 2, 2013). To the extent this measure exacerbates prison overcrowding due to lengthier prison terms, this bill creates future cost pressure (General Fund) to potentially utilize additional contract beds, out-of-state facilities, or capital outlay in order to comply with the court-ordered population limit. To the extent the provisions of this bill have the effect of reducing the number of semi-automatic rifles currently sold, there would be an impact to both local and state sales tax revenues. The Board of Equalization has indicated Californians spend over $400 million annually on rifle purchases and over 300,000 rifles are sold each year. For every 10 percent reduction in annual sales, state sales tax revenues are estimated to drop by approximately $1.6 million (General Fund). It is estimated that the impact is likely in the near term, with the impact in future years projected to be somewhat mitigated to the extent consumers shift to purchases of alternative and/or SB 47 (Yee) Page 6 newly developed firearms. To the extent the provisions of this bill serve to reduce the incidence of firearms-related injuries and death, potential future cost savings could be substantial. A study by the non-profit Pacific Institute for Research and Evaluation (PIRE) reported over 105,000 incidences of firearm injury and death in 2010 nationally, with an estimated societal cost of over $174 billion in work lost, medical care, insurance, criminal justice expenses, and pain and suffering. At a unit level, the study reported a governmental cost of $187,000 to $582,000 per firearm fatality in medical and mental health care, emergency services, and administrative and criminal justice costs. The estimated societal cost per firearm injury or fatality, including lost work productivity and quality of life was reported at nearly $430,000 to $5 million, respectively. Recommended Amendments: The DOJ has indicated the AWR system redesign will be a one-year project that cannot be implemented until January 1, 2015. In order to accommodate the time necessary for redesign of the system, an amendment is recommended to delay the date by which individuals must register lawfully-owned assault weapons from July 1, 2014, to July 1, 2015.