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