BILL ANALYSIS                                                                                                                                                                                                    Ó



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          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 


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