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
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|Ayes:|Ammiano, Jones-Sawyer, | | |
| |Mitchell, Quirk, Skinner | | |
| | | | |
|-----+--------------------------+-----+--------------------------|
|Nays:|Waldron | | |
| | | | |
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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
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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
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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
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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
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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