BILL ANALYSIS Ó
SB 47
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Date of Hearing: August 13, 2013
Counsel: Sandy Uribe
ASSEMBLY COMMITTEE ON PUBLIC SAFETY
Tom Ammiano, Chair
SB 47 (Yee) - As Amended: August 6, 2013
SUMMARY : Amends the definition of an "assault weapon" to
include those weapons which do not have a detachable magazine
but do have one of several specified features. Also requires
registration of weapons which now fall under the new definition
but which previously did not require registration.
Specifically, this bill :
1)Amends the definition of an "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 a "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."
3)Provides that, notwithstanding the new definition of assault
weapon contained in this bill, the penalties for the
possession of an assault weapon under this provision shall not
apply to any person who initially possessed such a weapon
before January 1, 2014, and until July 1, 2015, if both of the
following are applicable:
a) During the person's possession, he or she was eligible
to register that assault weapon, as specified; and,
b) The person lawfully possessed that assault weapon before
January 1, 2014.
4)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
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can be removed readily from the firearm with the use of a
tool, shall register the firearm with the Department of
Justice (DOJ) before July 1, 2015, pursuant to DOJ-established
procedures.
5)Requires registrations be submitted electronically via the
Internet utilizing a public-facing application made available
by the DOJ.
6)Mandates that the registration contain a description of the
firearm which 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; and 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.
7)Allows the DOJ to charge a fee of up to $15 per person, but
not to exceed the reasonable processing costs, payable by
debit or credit card at the time of submission of the
electronic registration. The fee shall be deposited in the
Dealers' Record of Sale Special Account.
8)Requires the DOJ to establish registration procedures and
exempts these procedures from the Administrative Procedure
Act.
9)Specifies that registration will not begin until DOJ's
regulations become effective.
EXISTING LAW :
1)Contains legislative findings and declarations that the
proliferation and use of assault and .50 BMG rifles poses a
threat to the health, safety, and security of all citizens of
California. (Penal Code Section 30505.)
2)States legislative intent to place restrictions on the use of
assault weapons and .50 BMG rifles and to establish a
registration and permit procedure for their lawful sale and
possession. (Penal Code Section 30505.)
3)Prohibits several categories of assault weapons:
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a) Specified firearms listed by name (Penal Code Section
30510);
b) Specified firearms listed by series name (Penal Code
Section 30510);
c) Semiautomatic centerfire rifles or semiautomatic pistols
having the capacity to accept a detachable magazine and
also having one of several specified characteristics;
d) Semiautomatic centerfire rifles or semiautomatic pistols
with a fixed magazine having the capacity to hold more than
10 rounds;
e) Semiautomatic centerfire rifles with an overall length
of less than 30 inches;
f) Semiautomatic shotguns having two specified
characteristics;
g) Semiautomatic shotguns having the capacity to accept a
detachable magazine; and,
h) Any shotgun with a revolving cylinder. (Penal Code
Section 30515.)
4)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. (11 Cal. Code Regs. Section 5469.)
5)Bans the manufacture, distribution, transportation,
importation, sale, gift or loan of an assault weapon. (Penal
Code Section 30600.)
6)Makes the possession of an assault weapon a criminal offense,
subject to certain exceptions. (Penal Code Section 30605.)
7)Defines a ".50 BMG rifle" as "a center fire rifle that can
fire a .50 BMG cartridge and is not already an assault weapon
or a machinegun." (Penal Code Section 30530.)
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8)Bans the manufacture, distribution, transportation,
importation, sale, gift, loan, or possession of .50 BMG
rifles. (Penal Code Sections 30600 and 30610.)
9)Exempts the DOJ, law enforcement agencies, military forces,
and other specified agencies from the prohibition against
sales to, purchase by, importation of, or possession of
assault weapons or .50 BMG rifles. (Penal Code Section
30625.)
10)Requires that any person who lawfully possesses an assault
weapon prior to the date it was specified as an assault weapon
to register the firearm with DOJ, as specified. (Penal Code
Section 30900 et. seq.)
11)Prohibits the manufacture and sale of ammunition magazines
with a capacity greater than 10 rounds. Possession of
large-capacity magazines is not prohibited. (Penal Code
Section 32310.)
FISCAL EFFECT : Unknown
COMMENTS :
1)Author's Statement : According to the author, "Senate Bill 47
closes the 'bullet button' loophole by redefining an assault
weapon in statute as 'a semiautomatic, centerfire rifle that
does not have a fixed magazine' and has any one of several
specified features. This bill clarifies the identification of
assault weapons by defining 'fixed magazine' in statute and
provides the Department of Justice the authority to bring
existing regulations into conformity with the original intent
of California's Assault Weapon Ban. Absent this bill, the
assault weapon ban is effectively subverted and severely
weakened. The proliferation of these types of firearms on our
streets and in our neighborhoods will undo the two decades of
progress California has made to rid our communities of the
most deadly anti-personnel firearms developed by man."
2)Bullet Button : As noted above, California law bans
semiautomatic rifles with the capacity to accept a detachable
ammunition magazine and which also have any one of six
enumerated weapon characteristics (e.g., folding stock, flash
suppressor, pistol grip, or other military-style features).
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In response to this definition, firearm manufacturers have
developed a new feature to make military-style weapons
compliant in California, the bullet button.
The bullet button is a "device allows gun owners to pop out
their magazines quickly by inserting the tip of a bullet or
some other small tool into a button on the side of their
weapons. Since the magazine requires a tool to release it --
and cannot be released by hand -- it is not considered
'detachable' under California law."
(.)
This bill amends the statute defining assault weapons by
replacing the language regarding detachable magazines to
instead prohibit "a semiautomatic centerfire rifle that does
not have a fixed magazine" but having one of the existing six
prohibited characteristics. In other words, a semiautomatic
rifle could have a detachable magazine as long as it does not
also have any of the six prohibited features, or it could have
the prohibited features as long as it has a fixed magazine.<1>
The purpose of this change is to clarify that equipping a
weapon with a bullet button magazine release does not take
that weapon outside of the definition of an assault weapon.
3)Second Amendment : The Second Amendment to the federal
Constitution provides, "A well regulated militia being
necessary to the security of a free state, the right of the
people to keep and bear arms shall not be infringed." In
District of Columbia v. Heller (2008) 554 U.S. 570, the United
States Supreme Court held that the Second Amendment protects
an individual's right to possess and carry weapons in case of
confrontation. The Court struck down a law banning possession
of handguns in the home.
Subsequently, in McDonald v. City of Chicago (2010) 561 U.S. __,
130 S.Ct. 3020, the Court held that Second Amendment rights
---------------------------
<1> SB 374 (Steinberg) takes a different approach to closing
the bullet button loophole. SB 374 also requires a fixed
magazine, but eliminates the six prohibited features from the
definition in current law. Thus, even a "featureless"
semiautomatic rifle, like the Mini-14, would be required to have
a fixed magazine holding no more than 10 rounds of ammunition.
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are applicable to the states. The majority found the
individual right to bear arms, particularly for self-defense
was fundamental.
However, the Second Amendment does not afford an unlimited right
to own a weapon. As the Court explained in Heller, the right
"to keep and carry arms" is limited to weapons "in common
use." (Heller, supra, 554 U.S. at p. 627.) At least one
court has held that Heller does not invalidate the statute
prohibiting the possession of assault rifles. [See People v.
James (2009) 174 Cal.App.4th 662, 676.] Moreover, in Heller,
the United States Supreme Court did not strike down neutral
licensing and registration as a condition of possession and
the Court also enumerated examples of presumptively valid
government regulation of firearms. Thus, there appear to be
no Second Amendment issues with the provisions of this bill.
4)Registration Provisions : This bill does not prohibit the
possession of any firearm that is currently legally owned.
This bill requires that the owner of a firearm that is now not
considered assault weapons, but which would be deemed such
under the new definition, to register the firearm with the DOJ
before July 1, 2015. In this manner, this bill avoids takings
issues because the owner of a weapon which had been legally
acquired does not have to relinquish it.
5)Argument in Support : The Office of the California Attorney
General writes, "The Penal Code currently prohibits the sale
and purchase of three categories of assault weapons: (1)
firearms listed on the original Roberti-Roos assault weapons
list; (2) AK and AR-15 series weapons; and, (3) assault
weapons that are defined by specified generic characteristics.
"With the passage of Senate Bill 23 (Perata of 1999), the
Legislature banned weapons with 'the capacity to accept a
detachable magazine' that also have one of the following
features: (1) a pistol grip that protrudes conspicuously
beneath the action of the weapon; (2) a thumbhole stock; (3) a
folding or telescoping stock; (4) a grenade launcher or flare
launcher; (5) a flash suppressor; or (6) a forward pistol
grip.
"The term 'detachable magazine' was not defined in statute but
was defined by regulation as 'any ammunition feeding device
that can be removed readily from the firearm with neither
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disassembly of the firearm action nor use of a tool being
required. A bullet or ammunition cartridge is considered a
tool.' Over the past five years, this definition has been
exploited through the creation of the 'bullet button,' a
mechanism that allows the quick release of a magazine. This
mechanism effectively defeats the intent of Senate Bill 23 by
allowing quick-release magazines on semi-automatic weapons
with pistol grips, folding/telescoping stocks, flash
suppressors or forward pistol grips. Senate Bill 47 seeks to
close this loophole by describing an assault weapon as a
weapon that 'does not have a fixed magazine' and one has of
the specified characteristics. The legislation also clearly
defines 'fixed magazine.'"
6)Argument in Opposition : According to the California
Association of Federal Firearms Licensees , "SB 47 would,
effective July 1, 2014, ban and force the registration of
millions of semi-automatic rifles in common use and protected
under the Second Amendment to the United States Constitution.
It would also create new criminal liability for hundreds of
thousands of Californians and California visitors - including
sports competitors - without so much as a simple outreach
program, public service announcement, or mandate that DOJ
update the years-outdated (and in some cases, grossly
misleading) information it promulgates in its publications and
on its website but refuses to correct in spite of the real
consequences to law-abiding people.
"However, as with Senator Steinberg's SB 347, the passage of SB
47 would have an unintended consequence that benefits our
members and California gun owners.
"SB 47, if passed, would help the gun industry and consumers
alike by providing a clear federal civil rights litigation
path and a vehicle for making the common semi-automatic
firearms that Senator Yee (and others) seek to ban here
forever off-limits to opportunistic politicians and bills like
this one."
7)Related Legislation :
a) AB 48 (Skinner) expands provisions limiting
large-capacity magazines by revising the definition of
"large-capacity magazine." AB 48 is pending hearing by the
Senate Appropriations Committee.
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b) SB 374 (Steinberg) redefines an "assault weapon" by
creating a new test to determine if a semiautomatic pistol
or centerfire rifle is an assault weapon. SB 347 also
defines "fixed magazine" and "detachable magazine" in
statute. SB 374 will be heard by this Committee today.
c) SB 396 (Hancock) prohibits the possession of
high-capacity magazines with specified exemptions. SB 396
will be heard by this Committee today.
d) SB 567 (Jackson) redefines an assault shotgun to include
a shotgun with a rifled bore and a rotating ammunition
cylinder, and by deleting the requirement that the shotgun
be intended to be fired from the shoulder. SB 567 will be
heard in this Committee today.
8)Prior Legislation :
a) SB 249 (Yee), of the 2011-12 Legislative Session, would
have prohibited any person from importing, making, selling,
loaning, transferring or possessing any conversion kit
designed to convert certain firearms with a fixed magazine
into firearms with a detachable magazine. SB 249 was held
in the Assembly Appropriations Committee's Suspense File.
b) AB 2728 (Klehs), Chapter 793, Statutes of 2006, made the
possession of unregistered assault weapons and .50 BMG
rifles in violation of the Penal Code a nuisance, allowing
for their destruction.
c) SB 23 (Perata), Chapter 129, Statutes of 1999, made it
an alternate felony/misdemeanor, commencing January 1,
2000, for any person to manufacture or cause to be
manufactured, import into California, keep for sale, offer
or expose for sale, give away, or lend any large-capacity
magazine with specified exceptions.
d) AB 357 (Roos), Chapter 19, Statutes of 1989, established
the Roberti-Roos Assault Weapons Control Act which
prohibited the manufacture in California of any of the
semi-automatic weapons specified in the statute, or the
possession, sale, transfer, or importation into the state
of such weapons without a permit.
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REGISTERED SUPPORT / OPPOSITION :
Support
American Academy of Pediatrics, California
American Association of University Women
Anti-Defamation League
Antonio R. Villaraigosa, Mayor of Los Angeles
Auburn Area Democratic Club
Bend the Arc: Jewish Partnership for Justice
Brady Campaign to Prevent Gun Violence, California Chapters &
Orange County Chapter
California Chapter of the American College of Emergency
Physicians
California Church Impact
California Federation of Teachers
California Medical Association
California Nurses Association
California Partnership to End Domestic Violence
California State Conference of the National Association for the
Advancement of Colored People
California State PTA
Christy Lynn Wilson Foundation
City and County of San Francisco
City of Oakland
City of Santa Monica
Clergy & Laity United for Economic Justice - California
Coalition Against Gun Violence, Santa Barbara County
Coalition to Stop Gun Violence
Courage Campaign
Credo Action
Diablo Valley Democratic Club
Doctors for America
Jewish Public Affairs Committee of California
Laguna Woods Democratic Club
Law Center to Prevent Gun Violence
League of Women Voters of California
Los Angeles Community College District Board of Trustees
Moms Demand Action for Gun Sense in America Orange, Sacramento &
San Francisco Chapters
Niles Discovery Church
Nevada County Democratic Women's Club
Office of the California Attorney General
Orange County Democrats
PICO California
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San Francisco Committee Against Gun Violence
San Francisco Sheriff's Department
Santa Barbara Rape Crisis Center
Sisters of St. Joseph of Orange
South County Citizens Against Gun Violence
Tri-Cities Democratic Forum
United Educators of San Francisco
Violence Policy Center
Violence Prevention Coalition, Los Angeles & Orange County
Chapters
Women Against Gun Violence
Women For Orange County
Youth Alive
Seven private individuals
Opposition
California Association of Federal Firearms Licensees
California Association of Firearms Retailers
California Rifle and Pistol Association
California Sportsman's Lobby
Crossroads of the West Gun Shows
Gun Owners of California
National Rifle Association
National Shooting Sports Foundation
Outdoor Sportsmen's Coalition of California
Riverside County Sheriff
Safari Club International
Shasta County Sheriff
Six private individuals
Analysis Prepared by : Sandy Uribe / PUB. S. / (916) 319-3744