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 SJR 1 Page 2 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 SJR 1 Page 3 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, SJR 1 Page 4 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 SJR 1 Page 5 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: SJR 1 Page 6 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 SJR 1 Page 7 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 SJR 1 Page 8 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