BILL ANALYSIS Ó SJR 1 Page 1 SENATE THIRD READING SJR 1 (Wolk, et al.) As Introduced January 18, 2013 Majority vote SENATE VOTE :24-10 PUBLIC SAFETY 5-1 ----------------------------------------------------------------- |Ayes:|Ammiano, Jones-Sawyer, | | | | |Mitchell, Quirk, Skinner | | | | | | | | |-----+--------------------------+-----+--------------------------| |Nays:|Waldron | | | | | | | | ----------------------------------------------------------------- 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 requires 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 United States 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 individual 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 and the Congress of the United States 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 SJR 1 Page 2 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 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 SJR 1 Page 3 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, 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. 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. 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. 4)Makes it an alternate felony/misdemeanor for any person who SJR 1 Page 4 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. 5)Exempts the sale, giving, lending, importation, or purchase of a "large-capacity magazine" to any federal, state, county, 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. 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. FISCAL EFFECT : None. This resolution is keyed non-fiscal by the Legislative Counsel. COMMENTS : 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 SJR 1 Page 5 background check. The NICS which compiles mental health records from states could be more fully utilized by states and federal agencies that are not currently participating and provide a universal background check for all firearms transfers." The Federal Assault Weapons Ban of 1994 : Congress passed an assault weapons ban as part of the Violent Crime Control and Law Enforcement Act (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. Please see the policy committee analysis for a full discussion of this bill. Analysis Prepared by : Shaun Naidu / PUB. S. / (916) 319-3744 FN: 0001233