BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                  SB 47
                                                                  Page  1

          Date of Hearing:   August 21, 2013

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                  Mike Gatto, Chair

                      SB 47 (Yee) - As Amended:  August 6, 2013 

          Policy Committee:                             Public  
          SafetyVote:5-2

          Urgency:     No                   State Mandated Local Program:  
          Yes    Reimbursable:              No

           SUMMARY  

          This bill amends the definition of an assault weapon to refer to  
          a rifle that has one of several specified military-style  
          features and "does not have a fixed magazine," rather than a gun  
          with one of those features and the "capacity to accept a  
          detachable magazine." 

          "Fixed magazine" is defined in the bill 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."  This proposed  
          definition is in contrast to the definition of a detachable  
          magazine in current Department of Justice (DOJ) regulations,  
          which 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."

          This bill also: 

          1)Provides that, notwithstanding the new definition of assault  
            weapon contained in this bill, the penalties for the  
            possession of an assault weapon (up to one year in county  
            jail, or 16 months, two, or three years in county jail  
            pursuant to correctional realignment, or, if the offender has  
            a serious or violent prior, the base offense may be doubled  
            and must be served in state prison) shall not apply to any  
            person who initially possessed such a weapon before January 1,  
            2014, and until July 1, 2015, if the person was eligible to  
            register that assault weapon, and lawfully possessed the  








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            weapon before January 1, 2014.

          2)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 gun with the use of a tool,  
            shall register the gun with DOJ before July 1, 2015. Requires  
            registrations be submitted electronically via the Internet.  

          3)Authorizes DOJ to charge a registration fee of up to $15 per  
            person, not to exceed reasonable processing costs, to be  
            deposited in the Dealers' Record of Sale (DROS) Special  
            Account.

           FISCAL EFFECT

           1)One-time special fund (DROS) costs in the $2.5 million range  
            over three years to DOJ to transform the current - and aging -  
            Assault Weapon Registration system into a system capable of  
            handling an estimated one million assault weapon registrations  
            by July 1, 2015. These costs would be fully offset by the $15  
            DROS fee authorized by this bill to cover DOJ costs. 

          2)Unknown, potentially significant annual state GF and local  
            incarceration costs, for additional commitments for  
            possession, manufacture or sale of an assault weapon under the  
            expanded definition, the penalty for which ranges from one  
            year in county jail to four, six, or eight years in county  
            jail, pursuant to correctional realignment. If the person  
            committing this offense has a violent or serious prior, the  
            penalty can be doubled and the sentence served in state  
            prison. Extrapolating from almost 1,000 arrests for possession  
            of an assault weapon in 2012, for every 10 persons with a  
            prior serious or violent felony conviction who are convicted  
            of possession of an assault weapon, pursuant to the definition  
            in this bill, the annual out-year GF cost would be about $1  
            million in four years, assuming an average term of two years  
            and full -per capita costs. 

            Local incarceration costs would be lower, given shorter terms  
            on average. 

           COMMENTS  









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           1)Rationale  .  This bill is intended to address the so-called  
            "bullet-button" issue by providing a new statutory definition  
            of a fixed magazine.  While current law prohibits possession  
            of assault weapons, and defines an assault weapon (in part) as  
            a semiautomatic centerfire rifle that has the capacity to  
            accept a detachable magazine and has at least one of six  
            specified features - pistol grip, thumbhole stock, folding or  
            telescoping site, grenade or flare launcher, or flash  
            suppressor -  current DOJ regulations cloud the issue,  
            defining 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  
            required. A bullet or ammunition cartridge is considered a  
            tool."   

            Due to this regulatory definition, magazines are not  
            considered detachable if a "tool" is required to remove the  
            magazine from the weapon. As a result, gun manufacturers have  
            built into their weapons recessed buttons that require a tool  
            - the tip of a bullet suffices - to quickly release the  
            magazine, allowing a replacement magazine to be inserted in  
            seconds. Compared to the release process for a detachable  
            magazine, the only difference is the use of a tool, which is  
            allowable under DOJ regulations. 

            While the linguistic distinction between not having a fixed  
            magazine and having the capacity to accept a detachable  
            magazine seems hazy, if not tortured, the proposed statutory  
            definition of fixed magazine, which follows in the bill, is  
            the key, and means the practical impact of this bill is to  
            make bullet-button magazine releases on semi-automatic rifles  
            with the specified features illegal. 

            According to the author, "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."

           2)Registration and Takings Issues.  This bill does not prohibit  
            possession of a gun that is currently legally owned. This bill  
            requires that the owner of a gun that is not currently  
            considered an assault weapon, but which would be deemed such  








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            under the new definition, to register the gun with DOJ before  
            July 1, 2015.  Thus this bill avoids takings issues because  
            the owner of a legally acquired gun does not have to  
            relinquish it.

           3)Support  includes a long list of gun safety advocates, the CA  
            Nurses Association, and the CA Federation of Teachers.  
            According to the Attorney General, "Over the past five years,  
            this definition [of detachable magazine] 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 [Perata, 1999  
            re assault weapons] 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  
            has one of the specified characteristics.  The legislation  
            also clearly defines 'fixed magazine.'"    

           4)Opposition  includes gun-related sport groups and gun dealers.  
            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." 








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           5)Related legislation  , SB 374 (Steinberg), also before this  
            committee today, takes a different approach to closing the  
            bullet button loophole.  SB 374 also requires a fixed  
            magazine, as defined, but eliminates the prohibited features  
            from the definition in current law.  Thus, even a  
            "featureless" semiautomatic rifle would be required to have a  
            fixed magazine holding no more than 10 rounds of ammunition.


           

           Analysis Prepared by  :    Geoff Long / APPR. / (916) 319-2081