BILL ANALYSIS                                                                                                                                                                                                    



                                                                  SB 374
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          Date of Hearing:   August 13, 2013
          Counsel:        Gabriel Caswell


                         ASSEMBLY COMMITTEE ON PUBLIC SAFETY
                                 Tom Ammiano, Chair

                   SB 374 (Steinberg) - As Amended:  August 5, 2013


           SUMMARY  :  Amends the definition of an assault weapon as it  
          pertains to rifles and defines "detachable magazines" and "fixed  
          magazines".  Specifies that rifles which are not assault weapons  
          have fixed magazines.  Specifically,  this bill  :  

          1)Amends the definition of an assault weapon as it pertains to  
            rifles only.  The new definition is a rifle is an assault  
            weapon if it is:

             a)   A semiautomatic, centerfire rifle that does not have a  
               fixed magazine with the capacity to accept 10 rounds or  
               fewer; or,

             b)   A semiautomatic, centerfire rifle that has an overall  
               length of less than 30 inches.

          2)Defines a "detachable magazine" as "an ammunition feeding  
            device that can be removed readily from the firearm without  
            disassembly of the firearm action."

          3)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.

          4)Provides 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, and including  
            those weapons with an ammunition feeding device that can be  
            removed readily from the firearm with the use of a tool, shall  
            register the firearm by July 1, 2014, with the Department of  
            Justice (DOJ) pursuant to procedures determined by DOJ.

           EXISTING LAW  :  








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           1)Contains legislative findings and declarations that the  
            proliferation and use of assault and .50 BMG rifles poses a  
            threat to the health, safety, and security of all citizens of  
            California.  (Penal Code Section 30505.)  

           2)States legislative intent to place restrictions on the use of  
            assault weapons and .50 BMG rifles and to establish a  
            registration and permit procedure for their lawful sale and  
            possession.  (Penal Code Section 30505.)  

           3)Defines an "assault weapon" as one of certain specified rifles  
            and pistols (Penal Code Section 30510) or as (Penal Code  
            Section 30515):  

              a)   A semiautomatic, centerfire rifle that has the capacity  
               to accept a detachable magazine and has at least one of the  
               following:
              
                i)     A pistol grip that protrudes conspicuously beneath  
                 the action of the weapon;  

                ii)    A thumbhole stock;  

                iii)   A vertical handgrip;  

                iv)    A folding or telescoping stock;  

                v)     A grenade launcher or flare launcher;  

                vi)    A flash suppressor; or,  

                vii)   A forward handgrip.
                
              b)   A semiautomatic, centerfire rifle that has a fixed  
               magazine with the capacity to accept more than 10 rounds;  

              c)   A semiautomatic, centerfire rifle that has an overall  
               length of less than 30 inches;  

              d)   A semiautomatic pistol that has the capacity to accept a  
               detachable magazine and has at least 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 his or her hand,  
                 excepting a slide that encloses the barrel; or,  

                iv)    The capacity to accept a detachable magazine at some  
                 location outside of the pistol grip.
                
              e)   A semiautomatic pistol with a fixed magazine that has  
               the capacity to accept more than 10 rounds;  

              f)   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.
                
              g)   A semiautomatic shotgun that has the ability to accept a  
               detachable magazine; and  

              h)   Any shotgun that has a revolving cylinder.   

           4)Defines 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.  Ammunition feeding device includes any  
            belted or linked ammunition, but does not include clips, en  
            bloc clips, or stripper clips that load cartridges into the  
            magazine.  (11 California Code of Regulations Section 5469.)  

           5)Provides that unlawful possession of an assault weapon is an  
            alternate felony-misdemeanor and shall be punished by  
            imprisonment in a county jail for a period not exceeding one  
            year, or by imprisonment pursuant to Penal Code Section  
            1170(h) (16 months, two or three years).  Notwithstanding the  
            above, a first violation of these provisions is punishable by  
            a fine not exceeding $500 if the person was found in  








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            possession of no more than two firearms and certain specified  
            conditions are met.  (Penal Code Section 30605.)  

           6)Provides that any person who within California manufactures,  
            imports into California, offers for sale, or who gives or  
            lends any assault weapon with specified exceptions is guilty  
            of a felony punishable by imprisonment in state prison for  
            four, six, or eight years.  (Penal Code Section 30600.)  

           7)Exempts the DOJ, law enforcement agencies, military forces,  
            and other specified agencies from the prohibition against  
            sales to, purchase by, importation of, or possession of  
            assault weapons or .50 BMG rifles.  (Penal Code Section  
            30625.)  

           8)Requires that any person who lawfully possesses an assault  
            weapon, as specified, must register the firearm with DOJ, as  
            specified.  (Penal Code Section 30900 et. seq.)  


          FISCAL EFFECT  :   Unknown

           COMMENTS  :   

           1)Author's Statement  :  According to the author, "The Sandy Hook  
            Elementary School shooting is only one of many tragedies  
            depicting the devastating lethality of military-style,  
            rapid-rate-of-fire weapons.  In July of 2012, twelve people  
            were killed and 58 others were injured within a few minutes of  
            an assailant entering a movie theater in Aurora, Colorado.   
            That shooter was armed with multiple assault rifles and high  
            capacity magazines able to hold up to 100 rounds.  In July of  
            2011, a shooter armed with a Ruger Mini-14 and a Glock 34  
            pistol shot, killed 69 people and wounded 110 others at a  
            children's summer camp in Norway.  Both of the weapons used in  
            Norway currently are legal in California.  

            "The list of these shootings goes on and on and the common  
            characteristic of the firearms used in these mass shootings is  
            the ability to detach a magazine and rapidly reload.  That is  
            why I introduced SB 374 which will prohibit the future sale,  
            purchase, manufacture, importation, or transfer in California  
            of semi-automatic rifles that can accept detachable magazines.  
              Rifles with detachable magazines have a virtually unlimited  








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            capacity to kill.  It is this specific feature that this bill  
            targets: the ability to shoot unchecked semiautomatic gunfire.  
             By focusing on the function of these weapons and not just  
            their form this bill is aimed at the commercialization of mass  
            killing machines, not the rights of sporting gun and hunting  
            enthusiasts.

            "Specifically, SB 374 will amend the current definition of  
            illegal 'assault weapon' to include a semiautomatic, or  
            centerfire rifle that does not have a fixed magazine with the  
            capacity to accept ten or fewer rounds.  

            "California has been a leader in regulating firearms and  
            banning military style weapons since 1989.  But, even these  
            laws have loopholes and gaps that the gun manufacturers have  
            exploited. SB 374 and the other seven bills in the LIFE Act  
            (Life-saving Intelligent Firearms Enforcement) Act - are  
            merely updating California's statutes to stop the work-arounds  
            that manufacturers have figured out.  

            "In 1989, California passed the first statewide law in the  
            nation designed to ban assault weapons.  Soon after its  
            passage, however, the firearms industry made minor cosmetic  
            changes to many banned assault weapons evading the intent of  
            the law and allowing their continued sale.  In 1999,  
            California moved to update the law to address the industry's  
            actions again.  

            "And now manufactures have done it again.  They have figured  
            out how to make a long gun into a rapid reload, military-style  
            weapon by just the push of a button.  

            "Well, I say enough.  We can't trust manufacturers to follow  
            the intent of the law so we will change the law to require  
            fixed magazines on all long guns so manufacturers cannot  
            create a work around that guts the intent of California's  
            laws."   
             
          2)California's Assault Weapons Ban  :  The origin of and  
            subsequent modifications to the assault weapons ban in  
            California are described by the federal Court of Appeal in the  
            following extended excerpt from Silveira v. Lockyer, 312 F.3d  
            1052 (9th Cir. 2002) (as amend. Jan. 27, 2003). 
             








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             In response to a proliferation of shootings involving  
            semi-automatic weapons, the California Legislature passed the  
            Roberti-Roos Assault Weapons Control Act (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 300  
            pupils were enjoying their morning recess.  Five children ages  
            six to nine were killed, and one teacher and 29 children were  
            wounded. 

            The California Assembly met soon thereafter in an  
            extraordinary session called for the purpose of enacting a  
            response to the Stockton shooting. The legislation that  
            followed, the AWCA, was the first legislative restriction on  
            assault weapons in the nation, and was the model for a similar  
            federal statute enacted in 1994.  The AWCA renders it a felony  
            offense to manufacture in California any of the semi-automatic  
            weapons specified in the statute, or to possess, sell,  
            transfer, or import into the state such weapons without a  
            permit.  The statute contains a grandfather clause that  
            permits the ownership of assault weapons by individuals who  
            lawfully purchased them before the statute's enactment, so  
            long as the owners register the weapons with DOJ.  The  
            grandfather clause, however, imposes significant restrictions  
            on the use of weapons that are registered pursuant to its  
            provisions.  Approximately 40 models of firearms are listed in  
            the statute as subject to its restrictions.  The specified  
            weapons include "civilian" models of military weapons that  
            feature slightly less firepower than the military-issue  
            versions, such as the Uzi, an Israeli-made military rifle; the  
            AR-15, a semi-automatic version of the United States  
            military's standard-issue machine gun, the M-16; and the  
            AK-47, a Russian-designed and Chinese-produced military rifle.  
             The AWCA also includes a mechanism for the Attorney General  
            to seek a judicial declaration in certain California superior  
            courts that weapons identical to the listed firearms are also  
            subject to the statutory restrictions. 

            The AWCA includes a provision that codifies the legislative  
            findings and expresses the legislature's reasons for passing  
            the law:  "The Legislature hereby finds and declares that the  
            proliferation and use of assault weapons poses a threat to the  
            health, safety, and security of all citizens of this state.   








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            The Legislature has restricted the assault weapons specified  
            in [the statute] 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.  It is  
            not, however, the intent of the Legislature by this chapter to  
            place restrictions on the use of those weapons which are  
            primarily designed and intended for hunting, target practice,  
            or other legitimate sports or recreational activities."

            In 1999, the Legislature amended the AWCA in order to broaden  
            its coverage and to render it more flexible in response to  
            technological developments in the manufacture of semiautomatic  
            weapons.  The amended AWCA retains both the original list of  
            models of restricted weapons, and the judicial declaration  
            procedure by which models may be added to the list.  The 1999  
            amendments to the AWCA statute add a third method of defining  
            the class of restricted weapons:  the amendments provide that  
            a weapon constitutes a restricted assault weapon if it  
            possesses certain generic characteristics listed in the  
            statute.  Examples of the types of weapons restricted by the  
            revised AWCA include a "semiautomatic, center-fire rifle that  
            has a fixed magazine with the capacity to accept more than 10  
            rounds," and a semiautomatic, centerfire rifle that has the  
            capacity to accept a detachable magazine and also features a  
            flash suppressor, a grenade launcher, or a flare launcher.   
            The amended AWCA also restricts assault weapons equipped with  
            "barrel shrouds," which protect the user's hands from the  
            intense heat created by the rapid firing of the weapon, as  
            well as semiautomatic weapons equipped with silencers. 

           3)Changes This Bill Makes to the AWCA  :  As the Court explained,  
            in 1999 the assault weapons ban was amended to expand the  
            definition of an assault weapon to include a definition by the  
            generic characteristics, specifically, to include a  
            "semiautomatic, centerfire rifle that has the capacity to  
            accept a detachable magazine" in addition to one of several  
            specified characteristics, such as a grenade launcher or flash  
            suppressor.  [SB 23 (Perata) Statutes of 1999, Chapter 129,  
            Section 7 et seq.]  SB 23 was enacted in response to the  








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            marketing of so-called "copycat" weapons - firearms that were  
            substantially similar to weapons on the prohibited list but  
            differed in some insignificant way, perhaps only the name of  
            the weapon, thereby defeating the intent of the ban. 

            SB 23's generic definition of an assault weapon was intended  
            to close the loophole in the law created by its definition of  
            assault weapons as only those specified by make and model.   
            Regulations promulgated after the enactment of SB 23 define 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.  In  
            response to this definition, a new feature has been developed  
            by firearms manufacturers to make military-style,  
            high-powered, semi-automatic rifles "California compliant,"  
            the bullet button.

            Last year, researchers at the nonprofit Violence Policy Center  
            in Washington, D.C. released a paper describing the phenomenon  
            of the bullet button and its effect on California's assault  
            weapons ban:

                The "Bullet Button"-Assault Weapon Manufacturers'  
               Gateway to the California Market
                
               Catalogs and websites from America's leading assault  
               rifle manufacturers are full of newly designed  
               "California compliant" assault weapons. Number one and  
               two assault weapon manufacturers Bushmaster and DPMS,  
               joined by ArmaLite, Colt, Sig Sauer, Smith & Wesson,  
               and others are all introducing new rifles designed to  
               circumvent California's assault weapons ban and are  
               actively targeting the state in an effort to lift  
               now-sagging sales of this class of weapon. They are  
               accomplishing this with the addition of a minor design  
               change to their military-style weapons made possible  
               by a definitional loophole: the "bullet button."  
               [Please see the Appendix beginning on page six for  
               2012 catalog copy featuring "California compliant"  
               assault rifles utilizing a "bullet button" from  
               leading assault weapon manufacturers.]

               California law bans semiautomatic rifles with the  








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               capacity to accept a detachable ammunition magazine  
               and any one of six enumerated additional assault  
               weapon characteristics (e.g., folding stock, flash  
               suppressor, pistol grip, or other military-style  
               features). 

               High-capacity detachable ammunition magazines allow  
               shooters to expel large amounts of ammunition quickly  
               and have no sporting purpose.  However, in California  
               an ammunition magazine is not viewed as detachable if  
               a "tool" is required to remove it from the weapon. The  
               "bullet button" is a release button for the ammunition  
               magazine that can be activated with the tip of a  
               bullet. With the tip of the bullet replacing the use  
               of a finger in activating the release, the button can  
               be pushed and the detachable ammunition magazine  
               removed and replaced in seconds. Compared to the  
               release process for a standard detachable ammunition  
               magazine it is a distinction without a difference.   
               (Bullet Buttons, The Gun Industry's Attack on  
               California's Assault Weapons Ban, Violence Policy  
               Center, Washington D.C., May 2012. )

            One approach to this issue, taken by SB 249 (Yee) in 2012 and  
            again in SB 47 (Yee) of this year, amends the statute to  
            replace the language regarding detachable magazines to instead  
            prohibit "a semiautomatic, centerfire rifle that does not have  
            a fixed magazine but has any one of the existing six  
            prohibited characteristics."  SB 47 also 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."  In other words, a semiautomatic rifle could have a  
            detachable magazine, as long as that rifle did not also have  
            any of the six prohibited features or that rifle could have  
            the prohibited features as long as it had a fixed magazine.

            This bill takes a different approach.  This bill does away  
            altogether with the six prohibited features in current law.   
            The rationale for this is that a rifle outfitted with the  
            features that make a gun look like a military-style weapon,  
            e.g., pistol grip, flash suppressor, collapsible stock,  
            etcetera, may be more dangerous than one that lacks these  
            features, but these features may not pose the greatest public  








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            safety concern.  Conversely, the lack of these features does  
            not make a rifle less lethal than one that has them.   
            Proponents argue the feature that makes one semi-automatic  
            rifle capable of killing or wounding more people in a shorter  
            amount of time than another is the capacity to rapidly reload  
            large amounts of ammunition.  For example, they point to when,  
            in 2011, a man opened fire on teenagers at a summer youth camp  
            in Norway, killing 69 and wounding another 110, using a  
            high-powered, semi-automatic rifle, the .223 caliber Ruger  
            Mini-14.  That rifle had none of the features listed in  
            California's definition of an assault weapon and it is a  
            perfectly legal weapon in California; supporters of this bill  
            submit that what made that weapon such an effective tool of  
            mass murder is the fact that the killer was able to rapidly  
            reload one magazine after another of ammunition.  Under this  
            bill, even a "featureless" semiautomatic rifle, like the  
            Mini-14, would be required to have a fixed magazine, holding  
            no more than 10 rounds of ammunition.

           4)Constitutionality  :  The Constitutionality of California's  
            assault weapons ban has been upheld by both the California  
            Supreme Court [Kasler v. Lockyer, 23 Cal. 4th 472 (2000)] and  
            the federal Court of Appeal.  [Silveira v. Lockyer, 312 F.3d  
            1052 (9th Cir. 2002) (as amend. Jan. 27, 2003).]  While the  
            California Supreme Court rejected allegations that the law  
            violated equal protection guarantees, the separation of  
            powers, and failed to provide adequate notice of what was  
            prohibited under the law, the Ninth Circuit Court of Appeal  
            decision in Silveira was based largely on its interpretation  
            of the Second Amendment right to keep and bear arms.  The  
            Second Amendment of the Constitution states, "A well regulated  
            Militia, being necessary to the security of a free State, the  
            right of the people to keep and bear Arms, shall not be  
            infringed."  (United States Const. Amend. 2.)  The Silveira  
                                                                                 Court based its ruling on the widely held interpretation of  
            the Second Amendment known as the "collective rights" view,  
            that the right secured by the Second Amendment relates to  
            firearm ownership only in the context of a "well regulated  
            militia."  [Silveira v. Lockyer, 312 F.3d 1052, 1086 (9th Cir.  
            Cal. 2002).]

            The Silveira Court's interpretation of the meaning of the  
            Second Amendment has since been squarely rejected by the U.S.  
            Supreme Court in District of Columbia v. Heller, 554 U.S. 570  








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            (2008) and McDonald v. City of Chicago, 130 S. Ct. 3020  
            (2010).  Whether the Heller and McDonald cases mean that  
            California's assault weapons ban violates the Second Amendment  
            and is, therefore, unconstitutional is a different matter. 

            In Heller, the Supreme Court rejected the "collective rights"  
            view of the Second Amendment and, instead, endorsed the  
            "individual rights" interpretation, that the Second Amendment  
            protects the right of each citizen to firearm ownership.   
            After adopting this reading of the Second Amendment, the  
            Supreme Court held that federal law may not prevent citizens  
            from owning a handgun in their home.  (District of Columbia v.  
            Heller, 554 U.S. 570, 683-684.)  In the McDonald case, the  
            Supreme Court extended this ruling to apply to laws passed by  
            the 50 states. (McDonald v. City of Chicago, 130 S. Ct. 3020,  
            3050.)

            In deciding that the Second Amendment guaranteed the right to  
            own a handgun in the home for self-defense, the Supreme Court  
            stated that this ruling has its limitations:

            "Like most rights, the right secured by the Second Amendment  
            is not unlimited.  From Blackstone through the 19th-century  
            cases, commentators and courts routinely explained that the  
            right was not a right to keep and carry any weapon whatsoever  
            in any manner whatsoever and for whatever purpose.  For  
            example, the majority of the 19th-century courts to consider  
            the question held that prohibitions on carrying concealed  
            weapons were lawful under the Second Amendment or state  
            analogues.  Although we do not undertake an exhaustive  
            historical analysis today of the full scope of the Second  
            Amendment, nothing in our opinion should be taken to cast  
            doubt on longstanding prohibitions on the possession of  
            firearms by felons and the mentally ill, or laws forbidding  
            the carrying of firearms in sensitive places such as schools  
            and government buildings, or laws imposing conditions and  
            qualifications on the commercial sale of arms."

           5)Argument in Support  :  The  California Chapters of the Brady  
            Campaign to Prevent Gun Violence  states, "The California  
            Legislature has struggled with an assault weapons ban since  
            the Stockton school yard shootings in 1989.  The Roberti-Roos  
            Act was passed that year, but minor changes to the named  
            assault weapons allowed the firearm industry to easily evade  








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            the intent of the law. The assault weapon law was expanded in  
            1991 and in 1999, the Legislature updated the law by banning  
            weapons with detachable magazines and one or more military  
            style features.  However, once again the industry has been  
            able to exploit a loophole in the regulations that allows for  
            the continued sale and possession of fully functional assault  
            weapons.  Senate Bill 374 seeks to definitively close the  
            loopholes in a manner that will prevent the firearm industry  
            from continuing to market these lethal military style weapons  
            in California.

            "Mass shootings perpetrated by unbalanced individuals using  
            assault weapons are reported all too often in the news.  As  
            was tragically demonstrated at Sandy Hook School, the ability  
            to rapidly reload added enormously to the carnage.  An  
            exchangeable magazine can be reloaded in one second and is the  
            key feature that enables the rapid rate of continuous fire  
            that can kill many people very quickly.  Requiring a fixed  
            magazine on future sales or transfers of long guns would, over  
            time, decrease the lethality in future mass shootings.

            "SB 374 will finally control this situation with a clear,  
            simplified, and strengthened assault weapons law.  Current  
            owners of long guns with detachable magazines will be able to  
            keep their weapons and law abiding hunters and sport shooters  
            will be minimally impacted.  

            "Senate Bill 374 also requires the submission of a Firearm  
            Ownership Record to the Department of Justice for rifles with  
            a detachable magazine purchased before January 1, 2014 and  
            handguns purchased prior to 1991.    These records will  
            significantly increase the data in the Armed Prohibited  
            Persons System program and enhance public safety.  The records  
            would enable the Department of Justice to disarm potentially  
            dangerous persons if they were to become prohibited from  
            possessing firearms.  Additionally, the records will assist  
            law enforcement efforts to trace firearms and solve gun  
            crime."

           6)Argument in Opposition:    Crossroads of the West Gun Shows   
            states, "By defining any semiautomatic rifle that can accept a  
            detachable magazine, or that has a fixed magazine with a  
            capacity to accept more than 10 rounds, to be an assault  
            rifle, SB 374 would ban the future sale of many popular makes  








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            and models of both rimfire and centerfire rifles commonly used  
            for hunting, target practice, competition, recreational  
            shooting, firearms training, and other lawful purposes.

            "These civilian firearms are rarely used in the commission of  
            a crime. There is no justifiable reason to ban them.

            "The bill would result in the loss of revenue for firearms  
            dealers at the shows, a decline in the size of the shows,  
            fewer lawful business transactions conducted by non-dealer  
            vendors, and thus less sales tax income for the state of  
            California.

            "The real focus of the Legislature should be on the people who  
            actually do commit crimes involving use or possession of  
            firearms such as criminals, the mentally ill, and users of  
            mind altering drugs and other substances.

            "Unfortunately, such people will always be able to obtain the  
            firearms SB 374 would ban, if they want them, in the  
            underground market or from outside of California's borders."

           7)Related Legislation  :  

             a)   AB 48 (Skinner) expands provisions limiting  
               large-capacity magazines by revising the definition of  
               "large-capacity magazine."  AB 48 is pending hearing by the  
               Senate Appropriations Committee.

             b)   SB 47 (Yee) amends the definition of an "assault weapon"  
               to include those weapons which do not have a detachable  
               magazine but do have one of several specified features.   
               Also requires registration of weapons which now fall under  
               the new definition but which previously did not require  
               registration.  AB 47 will be heard by this Committee today.  
                

             c)   SB 396 (Hancock) prohibits the possession of  
               high-capacity magazines with specified exemptions.  SB 396  
               will be heard by this Committee today.

             d)   SB 567 (Jackson) redefines an assault shotgun to include  
               a shotgun with a rifled bore and a rotating ammunition  
               cylinder, and by deleting the requirement that the shotgun  








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               be intended to be fired from the shoulder.  SB 567 will be  
               heard by this Committee today.

           1)Prior Legislation  :  

             a)   SB 249 (Yee), of the 2011-12 Legislative Session, would  
               have prohibited any person from importing, making, selling,  
               loaning, transferring or possessing any conversion kit  
               designed to convert certain firearms with a fixed magazine  
               into firearms with a detachable magazine.  SB 249 was held  
               in the Assembly Appropriations Committee's Suspense File.

             b)   AB 2728 (Klehs), Chapter 793, Statutes of 2006, made the  
               possession of unregistered assault weapons and .50 BMG  
               rifles in violation of the Penal Code a nuisance, allowing  
               for their destruction.

             c)   SB 23 (Perata), Chapter 129, Statutes of 1999, made it  
               an alternate felony/misdemeanor, commencing January 1,  
               2000, for any person to manufacture or cause to be  
               manufactured, import into California, keep for sale, offer  
               or expose for sale, give away, or lend any large-capacity  
               magazine with specified exceptions.

             d)   AB 357 (Roos), Chapter 19, Statutes of 1989, established  
               the Roberti-Roos Assault Weapons Control Act which  
               prohibited the manufacture in California of any of the  
               semi-automatic weapons specified in the statute, or the  
               possession, sale, transfer, or importation into the state  
               of such weapons without a permit.
           
          REGISTERED SUPPORT / OPPOSITION  :   

           Support 
           
          Alameda County District Attorney's Office 
          Alameda Police Department 
          American Association of University Women, Santa Barbara
          American Association of University Women, Santa Maria 
          Anti-Defamation League 
          Auburn Area Democratic Club 
          Bend the Arc
          Brady Campaign to Prevent Gun Violence, Contra Costa County 
          Brady Campaign to Prevent Gun Violence, Long Beach 








                                                                  SB 374
                                                                  Page  15


          Brady Campaign to Prevent Gun Violence, Los Angeles County 
          Brady Campaign to Prevent Gun Violence, Marin County 
          Brady Campaign to Prevent Gun Violence, Nevada County 
          Brady Campaign to Prevent Gun Violence, Oakland/Alameda County 
          Brady Campaign to Prevent Gun Violence, Orange County 
          Brady Campaign to Prevent Gun Violence, Pomona Valley 
          Brady Campaign to Prevent Gun Violence, Sacramento Valley 
          Brady Campaign to Prevent Gun Violence, San Diego County 
          Brady Campaign to Prevent Gun Violence, San Fernando Valley 
          Brady Campaign to Prevent Gun Violence, San Francisco 
          Brady Campaign to Prevent Gun Violence, San Joaquin County 
          Brady Campaign to Prevent Gun Violence, San Mateo County 
          Brady Campaign to Prevent Gun Violence, Santa Barbara County 
          Brady Campaign to Prevent Gun Violence, Santa Clara County 
          Brady Campaign to Prevent Gun Violence, Santa Cruz County 
          Brady Campaign to Prevent Gun Violence, Solano County 
          Brady Campaign to Prevent Gun Violence, Sonoma County 
          Brady Campaign to Prevent Gun Violence, Ventura County 
          Burbank Police Department 
          California Chapter of the American College of Emergency  
          Physicians 
          California Chapters of the Brady Campaign  
          California Church Impact 
          California Federation of Teachers 
          California Medical Association 
          City of Oakland 
          City of San Leandro 
          City of Santa Barbara
          City of Santa Monica  
          Christy Lynn Wilson foundation 
          Clue California 
          Coalition Against Gun Violence 
          Coalition to Stop Gun Violence 
          Contra Costa County Board of Supervisors  
          Courage Campaign 
          Credo Action
          Democratic Women of Santa Barbara County 
          Diablo Valley Democratic Club 
          Doctors for America 
          Emeryville Police Department 
          Friends Committee on Legislation 
          Jewish Public affairs Committee of California 
          Laguna Woods Democratic Club 
          Law Center to Prevent Gun Violence 








                                                                  SB 374
                                                                  Page  16


          League of Women Voters of California 
          Livermore Police Department 
          Los Angeles County 
          Los Angeles Mayor's Office 
          Los Angeles Police Department 
          Moms Demand Action for Gun Sense in America 
          National Council of Jewish Women
          Neighbors United to Protect our Communities
          Nevada County Democrats  
          Nevada County Democratic Women's Club 
          Newark Teachers Association 
          Oakwood School 
          Orange County Chapter of the Brady Campaign to Prevent Gun  
          Violence 
          Orange County Democrats
          Pax Christi Fremont 
          Physicians for Social Responsibility, Sacramento 
          PICO California 
          St. Stephens Church 
          San Francisco Mayor 
          Santa Barbara District Attorney 
          Santa Barbara Rape Crises Center 
          Sisters of St. Joseph of Orange 
          South County Citizens Against Gun Violence, Orange County
          Tri-Cities Democratic Forum
          Tri-City Interfaith Council
          Violence Policy Center 
          Violence Prevention Coalition of Greater LA 
          Violence Prevention Coalition of Orange County 
          Women Against Gun Violence 
          Women For: Orange County
          Youth Alive!  
          69 private individuals 

           Opposition 
           
          California Association of Federal Firearms Licensees
          California Association of Firearms Retailers  
          California Rifle and Pistol Association
          California Sportsmen's Lobby 
          California State Sheriffs' Association
          California Waterfowl  Association
          Crossroads of the West  
          Gun Owners of California








                                                                  SB 374
                                                                  Page  17


          Lassen County Sheriff 
          National Shooting Sports Foundation 
          Outdoor Sportsmen's Coalition of California
          Riverside County Sheriff   
          San Bernardino Sheriff 
          Safari Club International 
          Shasta County Sheriff 
          15 private individuals 
           

          Analysis Prepared by  :    Gabriel Caswell / PUB. S. / (916)  
          319-3744