BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                  SJR 1
                                                                  Page  1

          Date of Hearing:  June 18, 2013
          Counsel:       Shaun Naidu


                         ASSEMBLY COMMITTEE ON PUBLIC SAFETY
                                 Tom Ammiano, Chair

                   SJR 1 (Wolk) - As Introduced:  January 18, 2013


           SUMMARY  :   Urges the President and the Congress of the United  
          States to develop a comprehensive federal approach to reducing  
          and preventing gun violence, promptly place assault weapons and  
          high-capacity assault magazines under the scope of the National  
          Firearms Act, and require a universal background check through  
          the National Instant Criminal Background Check System (NICS) for  
          the transfer of all firearms.  Specifically,  this resolution  :   

          1)Makes numerous declarations regarding incidents involving the  
            use of assault weapons, that numerous factors contribute to  
            the occurrence of mass shootings and the use of semiautomatic  
            assault weapons at such events, that U.S. Supreme Court case  
            law does not prohibit laws forbidding firearms in places such  
            as schools or regulation of unusually dangerous weapons or  
            restrictions on certain individuals carrying guns, that a  
            number of individuals states including California have enacted  
            strict assault weapon-control laws, and the need for  
            comprehensive federal regulation of assault weapons and  
            large-capacity magazines.

          2)States that it is resolved by the Assembly and the Senate of  
            the State of California, jointly, that the Legislature of the  
            State of California urges the President of the United States  
            and the Congress to promptly place under the scope of the  
            National Firearms Act generically defined assault weapons, and  
            high-capacity assault magazines; that a universal background  
            check through the NICS should be required for the transfer of  
            all firearms; and that the President should take steps to  
            ensure that all states and applicable federal agencies are  
            reporting all necessary records to the NICS.

          3)States that it is resolved that the Secretary of the Senate  
            transmit copies of this resolution to the President and Vice  
            President of the United States, to the Speaker of the House of  
            Representatives, to the Majority Leader of the Senate, and to  








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            each Senator and Representative from California in the  
            Congress of the United States.

           EXISTING LAW  : 

          1)Defines "assault weapon" as the following:

             a)   Designated semiautomatic firearms, as specified.

             b)   A semiautomatic, centerfire rifle that has the capacity  
               to accept a detachable magazine and any one of the  
               following:

               i)     A pistol grip that protrudes conspicuously beneath  
                 the action of the weapon;

               ii)    A thumbhole stock;

               iii)   A folding or telescoping stock;

               iv)    A grenade launcher or flare launcher;

               v)     A flash suppressor; or

               vi)    A forward pistol grip.

             c)   A semiautomatic, centerfire rifle that has a fixed  
               magazine with the capacity to accept more than 10 rounds.

             d)   A semiautomatic, centerfire rifle that has an overall  
               length of less than 30 inches.

             e)   A semiautomatic pistol that has the capacity to accept a  
               detachable magazine and any one of the following:

               i)     A threaded barrel capable of accepting a flash  
                 suppressor, forward handgrip, or silencer;

               ii)    A second handgrip;

               iii)   A shroud that is attached to, or partially or  
                 completely encircles, the barrel that allows the bearer  
                 to fire the weapon without burning the bearer's hand,  
                 except a slide that encloses the barrel; or









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               iv)    The capacity to accept a detachable magazine at some  
                 location outside of the pistol grip.

             f)   A semiautomatic pistol with a fixed magazine that has  
               the capacity to accept more than 10 rounds.

             g)   A semiautomatic shotgun that has both of the following:

               i)     A folding or telescoping stock; and

               ii)    A pistol grip that protrudes conspicuously beneath  
                 the action of the weapon, thumbhole stock, or vertical  
                 handgrip.

             h)   A semiautomatic shotgun that has the ability to accept a  
               detachable magazine.

             i)   Any shotgun with a revolving cylinder.  (Penal Code  
               Sections 30510, 30515.)

          2)Defines "large-capacity magazine" as any ammunition-feeding  
            device with the capacity to accept more than 10 rounds, not  
            including any feeding device that has been permanently altered  
            so that it cannot accept more than 10 rounds, any .22 caliber  
            tube ammunition-feeding device, or any tubular magazine that  
            is contained in a lever-action firearm.  (Penal Code Section  
            16740.)

          3)Makes it a felony, punishable by imprisonment for four, six,  
            or eight years, for any person who within California  
            manufactures, distributes, transports, or imports into  
            California, keeps or offers for sale, or who gives or lends  
            any assault weapon with specified exceptions.  Provides for an  
            enhanced sentence of one year to any person who transfers,  
            lends, sells, or gives any assault weapon to a minor.  (Penal  
            Code Section 30600.)

          4)Makes it an alternate felony/misdemeanor for any person who  
            manufactures or causes to be manufactured, imports into  
            California, keeps for sale, offers or exposes for sale, gives  
            away, or lends any large-capacity magazine with specified  
            exceptions.  (Penal Code Section 32310.)

          5)Exempts the sale, giving, lending, importation, or purchase of  
            a "large-capacity magazine" to any federal, state, county,  








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            city and county, or city agency that is charged with the  
            enforcement of any law, for use by any employee in the  
            discharge of his or her official duties whether on or off  
            duty, and the use is authorized by the agency and is within  
            the course and scope of those duties.  (Penal Code Section  
            32400.)

          6)Exempts the sale to, lending to, transfer to, purchase by,  
            receipt of, or importation of a "large-capacity magazine" by a  
            sworn peace officer, as defined, who is authorized to carry a  
            firearm in the course and scope of his or her duties.  (Penal  
            Code Section 32405.)

           FISCAL EFFECT  :   Unknown

           COMMENTS  :   

          1)Author's Statement  :  According to the author, "Assault  
            weapons are a class of semiautomatic firearms designed  
            with military features that allow those weapons to spray  
            large amounts of ammunition quickly and accurately. These  
            weapons are frequently used in mass shootings, including  
            the 1993 California Street attack in San Francisco and  
            the 2012 shooting in Aurora Colorado. Furthermore, the  
            recent tragedy at Sandy Hook Elementary School in  
            Newtown, Connecticut, demonstrates the need for stricter  
            controls on assault weapons and high-capacity magazines.

            "Seven states, including California, have enacted laws  
            strictly regulating the making, possession, and transfer  
            of assault weapons. Without a comprehensive federal law,  
            states that take steps to protect their communities from  
            assault weapons remain vulnerable to criminals who use  
            those weapons. The National Firearms Act provides a  
            framework for Congress and the President to pass new  
            legislation regulating generically defined assault  
            weapons and high capacity magazines.

            "In addition, while California requires background checks  
            for all firearms sales and transfers it is estimated that  
            40% of firearm transfers are completed without a federal  
            background check. The National Instant Criminal  
            Background Check System (NICS) which compiles mental  
            health records from states could be more fully utilized  
            by states and federal agencies that are not currently  








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            participating and provide a universal background check  
            for all firearms transfers."

           2)The Federal Assault Weapons Ban of 1994  was passed as a  
            portion of the Violent Crime Control and Law Enforcement Act  
            on September 13, 1994.  The Act specified which weapons were  
            classified as assault weapons.  The Act defined features which  
            classified specified semi-automatic rifles, pistols, and  
            shotguns as assault weapons.  The Act was limited to  
            semi-automatic weapons only, as fully automatic weapons were  
            addressed in earlier legislation passed in 1934 and 1986.  The  
            Act banned large-capacity ammunition feeding devices and  
            high-capacity magazines.  After ten years of existence, the  
            Act expired in 2004 and was not reenacted.
             
          3)The Assault Weapons Ban of 2013 (U.S. Senate Bill 150  
            (Feinstein))  :  On January 24, 2013, U.S. Senator Dianne  
            Feinstein introduced U.S. Senate Bill 150, the Assault Weapons  
            Ban of 2013.  According to a press release from Senator  
            Feinstein, the legislation has two principle goals:  
                 
                First, the bill prohibits the sale, manufacture,  
               transfer and importation of 157 of the most  
               commonly-owned military-style assault weapons. It also  
               bans an additional group of assault weapons that can  
               accept a detachable ammunition magazine and have one  
               or more military characteristics.

               Second, the bill bans large-capacity magazines and  
               other ammunition feeding devices that hold more than  
               10 rounds of ammunition. These devices allow shooters  
               to fire numerous rounds in rapid succession without  
               having to stop and reload.

            (U.S. Senator Dianne Feinstein, Feinstein Introduces Bill on  
            Assault Weapons, High-Capacity Magazines (Jan. 24, 2013).)

            The press release further states that the legislation  
            "protects the rights of law-abiding citizens who use guns for  
            hunting, household defense or legitimate recreational  
            purposes. The Assault Weapons Ban includes a grandfather  
            clause that specifically exempts all assault weapons lawfully  
            possessed at the date of enactment from the ban."  (Ibid.)

            The Assault Weapons Ban of 2013 legislation also:








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             a)   Requires background checks on all future transfers of  
               assault weapons covered by the legislation, including sale,  
               trade, and gift;  

              b)   Requires that grandfathered assault weapons be stored  
               safely using a secure gun storage or safety device in order  
               to keep them away from prohibited persons; and  
               
              c)   Prohibits the sale or transfer of high-capacity  
               ammunition feeding devices currently in existence.  
                 
             U.S. Senate Bill 150 was rejected by the U.S. Senate by a vote  
            of 40 to 60.  (U.S. Senator Dianne Feinstein, Feinstein  
            Statement on Assault Weapons Ban Amendment (Apr. 17, 2013).)

           4)Current Federal Law Regarding Background Checks  :  The Brady  
            Handgun Violence Prevention Act of 1993 (Brady Act) requires a  
            criminal history background check on any person who attempts  
            to purchase a firearm from a Federal Firearms Licensee.  (18  
            U.S.C. Section 921 et seq.)

            The Brady Act prohibits the transfer of a firearm to a person  
            who:

             a)   Is under indictment for, or has been convicted of, a  
               crime punishable by imprisonment for more than 1 year;

             b)   Is a fugitive from justice;

             c)   Is an unlawful user of, or addicted to, a controlled  
               substance;

             d)   Has been adjudicated as a mental defective or committed  
               to a mental institution;

             e)   Is an illegal alien or has been admitted to the United  
               States under a nonimmigrant visa;

             f)   Was dishonorably discharged from the U.S. Armed Forces;

             g)   Has renounced U.S. citizenship;

             h)   Is subject to a court order restraining him or her from  
               harassing, stalking, or threatening an intimate partner or  








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               child;

             i)   Has been convicted of a misdemeanor crime of domestic  
               violence; or,

             j)   Is under age 18 for long guns or under age 21 for  
               handguns.  (Id.)

            However, unlike under California law, there is no federal  
            requirement that all firearms transactions be conducted  
            through a licensed dealer. The result is that many firearms  
            are sold in the "secondary market" without any background  
            check on the buyer and no official record of the transaction. 

               The real numbers aren't known because the Bureau of  
               Alcohol, Tobacco, Firearms, and Explosives does not  
               track how many guns are sold online or how many of  
               them are used in crimes. But gun control advocates  
               suspect the market is large. Jon Lowy, director of the  
               legal action project of the Brady Center to Prevent  
               Gun Violence, says, "The last figure we have is 40  
               percent of gun sales take place without a background  
               check. That figure is probably low, because it dates  
               from before the advent of the thriving internet  
               market. Today the internet provides a mechanism to  
               facilitate countless private sales without a  
               background check, no questions asked."

            (Mencimer, Want to Buy a Gun Without a Background Check?  
            Armslist Can Help, Mother Jones (February 1, 2013).)

           1)Argument in Support  :  According to the  California Medical  
            Association  , "CMA has long held the proliferation of guns in  
            California to be a major public health problem and a  
            significant contributing factor to the broader public health  
            problems of violence and fear in California society.  CMA  
            endorses and supports legislation to ban all future sales of  
            military type high clip capacity semi-automatic weapons.  We  
            believe the comprehensive approach that is suggested in SJR 1  
            is appropriate for Congress to consider given the prevalence  
            of gun violence and the recent high-profile mass shootings,  
            particularly those involving children."

           2)Related Legislation  :  AJR 5 (Gomez), pending in the Assembly,  
            would urge the President of the United States and Congress to  








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            support and pass proposed legislation prohibiting the sale,  
            transfer, importation, and manufacturing of assault weapons  
            and large-capacity magazines.

           3)Previous Legislation  :

             a)   AJR 45 (Feuer), Chapter 143, Statutes of 2012, urged the  
               President and the Congress of the United States to  
               reauthorize the Federal Assault Weapons Ban.

             b)   SJR 7 (Padilla), Chapter 63, Statutes of 2011,  
               memorialized the Legislature's support of the proposed  
               federal Large Capacity Ammunition Feeding Device Act.

             c)   AJR 56 (Frommer), Chapter 188, Statutes of 2004,  
               memorialized the Congress and the President of the United  
               States to reauthorize 1994 federal assault weapons ban.

             d)   SB 23 (Perata), Chapter 129, Statutes of 1999, defined  
               the terms "large-capacity magazine" and "assault weapon"  
               and made it an alternate felony/misdemeanor, beginning  
               January 1, 2000, for any person, with specified exceptions,  
               to manufacture import into the state, keep or offer for  
               sale, give, or lend any large-capacity magazine.

           REGISTERED SUPPORT / OPPOSITION  :

           Support 
           
          California Medical Association
          Law Center to Prevent Gun Violence
           
            Opposition 
           
          California Rifle and Pistol Association


           Analysis Prepared by  :    Shaun Naidu / PUB. S. / (916) 319-3744