BILL ANALYSIS Ó
Senate Appropriations Committee Fiscal Summary
Senator Kevin de León, Chair
SB 374 (Steinberg) - Firearms: assault weapons.
Amended: As Introduced Policy Vote: Public Safety 5-2
Urgency: No Mandate: Yes
Hearing Date: May 23, 2013 Consultant: Jolie Onodera
SUSPENSE FILE. AS PROPOSED TO BE AMENDED.
Bill Summary: SB 374 would tighten California's regulation of
"assault weapons," as follows:
Amends the definition of a rifle considered an assault
weapon to specify "a semiautomatic, rimfire or centerfire
rifle that does not have a fixed magazine with the capacity
to accept 10 rounds or fewer, or a semiautomatic, centerfire
rifle that has an overall length of less than 30 inches.
Defines a "fixed magazine" as "an ammunition feeding
device contained in, or permanently attached to, a firearm
in such a manner that the device cannot be removed without
disassembly of the firearm action.
Defines a "detachable magazine" as "an ammunition feeding
device that can be removed readily from the firearm without
disassembly of the firearm action.
Requires that a person who, between January 1, 2001, and
prior to January 1, 2014, lawfully possessed an assault
weapon that does not have a fixed magazine, as defined,
including those weapons with an ammunition feeding device
that can be removed readily from the firearm with the use of
a tool, register the firearm by July 1, 2014, with the DOJ
as specified.
Enacts provisions for a Firearm Ownership Record program,
as specified.
Fiscal Impact (as approved on May 23, 2013):
One-time costs of $24.6 million (Special Fund*) over two
years for the DOJ to process firearm ownership records for
an estimated 5 million firearm owners in the state, as well
as process registration submittals for lawfully possessed
assault weapons over six months until July 2014.
Annual ongoing processing costs of about $175,000 (Special
Fund*) to process 30,000 to 50,000 firearm ownership records
to be fully offset by transaction fees collected from
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registrants.
Unknown, increased annual state incarceration costs
potentially in the millions of dollars (General Fund). For
every 100 new felony convictions (both for
manufacturing/sale and possession), costs in the range of
$2.8 million to $6 million, compounding to $11.2 million to
$24 million for overlapping sentences.
Increased annual local incarceration costs potentially in
the millions of dollars (Local) for various felony and
misdemeanor violations.
Potential near-term loss of sales tax revenue of $1.6
million (General Fund) per 10 percent of annual rifle sales
in California. Future year impact could be somewhat
mitigated to the extent consumers shift to purchases of
alternative firearms.
*Dealers' Record of Sale (DROS) Special Account
Background: The enactment of the assault weapons ban in
California is described by the federal Court of Appeal from
Silveira v. Lockyer, 312 F.3d 1052 (9th Cir. 2002), in part, as
follows: In response to a proliferation of shootings involving
semi-automatic weapons, the California Legislature passed the
Roberti-Roos Assault Weapons Control Act ("the AWCA") in 1989.
The immediate cause of the AWCA's enactment was a random
shooting earlier that year at the Cleveland Elementary School in
Stockton, California. An individual armed with an AK-47
semi-automatic weapon opened fire on the schoolyard, where three
hundred pupils were enjoying their morning recess. Five children
aged 6 to 9 were killed, and one teacher and 29 children were
wounded.
The codified legislative findings and declarations of the AWCA
state, in part, "that the proliferation and use of assault
weapons poses a threat to the health, safety, and security of
all citizens of this state. The Legislature has restricted the
assault weapons specified in Section 30510 based upon finding
that each firearm has such a high rate of fire and capacity for
firepower that its function as a legitimate sports or
recreational firearm is substantially outweighed by the danger
that it can be used to kill and injure human beings. It is the
intent of the Legislature in enacting this chapter to place
restrictions on the use of assault weapons and to establish a
registration and permit procedure for their lawful sale and
possession."
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The AWCA was amended by SB 23 (Perata) Chapter 129/1999 to
expand the definition of an assault weapon to include a
definition based on its generic characteristics in addition to
one of several specified features. SB 23 was enacted in response
to the marketing of so-called "copycat" weapons - firearms that
were substantially similar to weapons on the prohibited list but
slightly different, perhaps only by the name of the weapon,
thereby circumventing the ban. The more general definition of an
assault weapon enacted under SB 23 was intended to remove the
allowance of such copycat weapons that the law previously
authorized by its definition of an assault weapon as only those
listed by specified make and model.
Under current law, a rifle is considered an assault weapon if it
is a semiautomatic, centerfire rifle that has the capacity to
accept a detachable magazine and has at least one of several
specified features. In the absence of a definition of
"detachable magazine" in statute, regulations promulgated after
the enactment of SB 23 defined a detachable magazine as, "any
ammunition feeding device that can be removed readily from the
firearm with neither disassembly of the firearm action nor use
of a tool being required. A bullet or ammunition cartridge is
considered a tool." (11 CFR § 5469(a)) In response to this
definition, features such as the "bullet button" have been
developed by firearms manufacturers that enable easy detachment
of a magazine with the use of a "tool" and are thus not
classified as a "detachable magazine." As a result, firearms
with features such as the "bullet button" do not meet the
current definition of an assault weapon.
This bill seeks to recast existing provisions and redefine the
types of semiautomatic rifles to be classified as assault
weapons by removing the current list of requisite features to be
considered an assault weapon, and instead, specifying that an
assault weapon is any semiautomatic rifle that does not have
particular features, specifically, semiautomatic, rimfire or
centerfire rifles that do not have a fixed magazine with the
capacity to accept 10 rounds or fewer.
Proposed Law: This bill would tighten the state's regulation of
"assault weapons" by amending and expanding the definition of a
rifle considered an assault weapon, and defining both "fixed
magazine" and "detachable magazine," as specified. In addition,
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this bill:
Requires that a person who, between January 1, 2001, and
prior to January 1, 2014, lawfully possessed an assault
weapon that does not have a fixed magazine, as defined,
including those weapons with an ammunition feeding device
that can be removed readily from the firearm with the use of
a tool, register the firearm by July 1, 2014, with the DOJ
as specified.
Authorizes the DOJ to charge a fee for the registration of
up to $20 per person but not to exceed the actual processing
costs of the DOJ. The fee, to be deposited in the DROS
account, may be adjusted at a rate not to exceed the
department's actual processing costs.
Provides that on and after July 1, 2014, a Firearm
Ownership Record (FOR) shall be submitted to the DOJ for
every firearm an individual owns or possesses, with
exceptions, but including registered assault weapons,
handguns purchased prior to 1991, and rifles without
detachable magazines and shotguns purchased prior to 2014.
Authorizes the DOJ to charge a fee of up to $19 per
transaction to reimburse the DOJ for the reasonable costs of
maintaining the FOR program. The fee, to be deposited in the
DROS account, may be adjusted annually as necessary to cover
the reasonable costs of administering the program.
Related Legislation: This measure is part of the following
legislative package deemed the Lifesaving Intelligent Firearms
Enforcement (LIFE) Act:
SB 47 (Yee) 2013 would revise the definition of assault weapon
to include a firearm that has one of several specified features
and does not have a "fixed magazine" as defined. This bill would
require the registration of specified lawfully possessed assault
weapons that do not have a fixed magazine, as defined, with the
DOJ. This bill is scheduled to be heard today by this committee.
SB 53 (De Leon) 2013 would require the sale, purchase, and
transfer of ammunition to be subject to additional regulations,
as specified. This bill would 1) require ammunition purchasers
to obtain an ammunition purchase permit and complete a
background check prior to any transaction, and, 2) require DOJ
to maintain records of all ammunition vendor licenses and
purchase permits issued, as well as all ammunition sales. This
bill is scheduled to be heard today by this committee.
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SB 140 (Leno) 2013 Chapter 2/2013, an urgency measure,
appropriates $24 million from the DROS Special Account to the
DOJ to address the backlog of unlawfully held firearms in the
Armed Prohibited Persons System (APPS). This bill was signed by
the Governor on May 1, 2013.
SB 396 (Hancock) 2013 would ban the possession of large-capacity
ammunition magazines capable of holding more than 10 rounds, and
would require the disposal of any large-capacity magazine, as
defined, in specified ways. This bill is scheduled to be heard
today by this committee.
SB 567 (Jackson) 2013 would revise the definition of shotgun to
1) delete language stating that to be considered a shotgun, the
weapon must be intended to be fired from the shoulder, and 2)
add language stating a shotgun may include a weapon with a
rifled bore as well as a smooth bore. This bill is scheduled to
be heard today by this committee.
SB 683 (Block) 2013 would expand the current safety certificate
requirement on handguns to all firearms. This bill is scheduled
to be heard today by this committee.
SB 755 (Wolk) 2013 expands the list of misdemeanors that result
in a 10-year prohibition from firearms possession to include
drug and alcohol-related offenses. This bill is scheduled to be
heard today by this committee.
Staff Comments: Assuming approximately 5 million people would
submit an ownership record for 10 million firearms, costs to the
DOJ are estimated at $24.6 million (Special Fund) over a
two-year period for processing both Firearm Ownership Records as
well as registration over six months for legally owned assault
weapons prior to January 1, 2014. This estimate is based on the
assumption that 35 percent of American households possess
firearms. With approximately 13 million households in California
according to U.S. Census data, there could be 4.5 million people
required to register their firearms. To account for a potential
increase in firearm owners, this estimate has been increased to
5 million. After two years, annual processing costs are
estimated at $175,000 (Special Fund) to process 30,000-50,000
additional Firearm Ownership Records submitted per year.
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The DOJ estimates the Bureau of Firearms (BOF) would require 129
two-year limited-term positions and two permanent positions for
a total of 131 positions to process the records and retroactive
assault weapon registrations. The 129 positions would process
registration and ammunition vendors, provide administrative
support, and Firearm Ownership Record registrations. The two
permanent positions would continue to process on-going Firearm
Ownership Records after the first two years.
Under existing law, unlawful possession of an assault weapon is
an alternate felony-misdemeanor punishable as a felony by
imprisonment in a county jail for 16 months, two or three years
(without a serious or violent prior felony), or as a misdemeanor
by imprisonment in a county jail for up to one year. Current law
also provides that any person who within the state imports,
manufactures, offers for sale, or who gives or lends any assault
weapon, is guilty of a felony punishable by imprisonment in
state prison for four, six, or eight years. By narrowing the
scope of firearms that are legal in the state, this bill expands
the scope of the aforementioned crimes.
Arrest information from the DOJ indicates an increasing number
of violations of possession of an assault weapon since 2010,
with 825 arrests in 2012. Arrest data for felony violations for
the import, sale, manufacture, or loan of an assault weapon
reflect a decreasing trend, with 124 arrests in 2012. According
to the CDCR, 58 individuals in 2011 and 22 individuals in 2012
were committed to state prison specific to these crimes.
It is unknown how many persons will be convicted under the
expanded scope of these crimes, though it is assumed the
convictions could likely be highest in the near-term. For every
100 individuals (assuming convictions for both
manufacturing/sale and possession), increased state
incarceration costs could range from $2.8 million to $6 million
(General Fund) per year, compounding to $11.2 million to $24
million due to overlapping sentences (assuming the middle terms
of the 4, 6, 8 year triad for manufacturing and the 16 month, 2,
3 year triad for possession with a prior), based on the range of
potential costs to accommodate extended state prison sentences.
To the extent the number of individuals impacted is greater/less
or the average sentence imposed is longer/shorter than
estimated, annual costs would be impacted accordingly.
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California's prison system continues to operate under federal
oversight as it addresses the issues of prison overcrowding and
constitutionally adequate health and mental health care in its
33 facilities. On April 11, 2013, the three-judge panel denied
the state's motion to vacate/modify the inmate population cap
and ordered the state to provide a list of proposed population
reduction measures within 21 days of the order (May 2, 2013). To
the extent this measure exacerbates prison overcrowding due to
lengthier prison terms, this bill creates future cost pressure
(General Fund) to potentially utilize additional contract beds,
out-of-state facilities, or capital outlay in order to comply
with the court-ordered population limit.
To the extent the provisions of this bill have the effect of
reducing the number of semi-automatic rifles currently sold,
there would be an impact to both local and state sales tax
revenues. The Board of Equalization has indicated Californians
spend over $400 million annually on rifle purchases and over
300,000 rifles are sold each year. For every 10 percent
reduction in annual sales, state sales tax revenues are
estimated to drop by approximately $1.6 million (General Fund).
It is estimated that the impact is likely in the near term, with
the impact in future years projected to be somewhat mitigated to
the extent consumers shift to purchases of alternative and/or
newly developed firearms.
To the extent the provisions of this bill serve to reduce the
incidence of firearms-related injuries and death, potential
future cost savings could be substantial. A study by the
non-profit Pacific Institute for Research and Evaluation (PIRE)
reported over 105,000 incidences of firearm injury and death in
2010 nationally, with an estimated societal cost of over $174
billion in work lost, medical care, insurance, criminal-justice
expenses and pain and suffering. At a unit level, the study
reported a governmental cost of $187,000 to $582,000 per firearm
fatality in medical and mental health care, emergency services,
and administrative and criminal justice costs. The estimated
societal cost per firearm injury or fatality, including lost
work productivity and quality of life was reported at nearly
$430,000 to $5 million, respectively.
Recommended Amendments: As currently drafted, in order for a
rifle not to be classified as an assault weapon, a semiautomatic
rifle must "have a fixed magazine with the capacity to accept 10
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rounds or fewer." To the extent it could be interpreted that a
semiautomatic rifle with a fixed magazine with the capacity to
accept more than 10 rounds could also fall outside the
definition of an assault weapon (as a 30-round fixed magazine
would also have the "capacity to accept 10 rounds or fewer"),
staff recommends the following amendment to clarify the
definition in PC § 30515(a), as follows:
(1)A semiautomatic, rimfire or centerfire rifle that does not
have a fixed magazine with the capacity to accept no more
than 10 rounds or fewer .
Committee amendments reflect the recommended technical amendment
noted above.