BILL ANALYSIS Ó SB 374 Page 1 Date of Hearing: August 21, 2013 ASSEMBLY COMMITTEE ON APPROPRIATIONS Mike Gatto, Chair SB 374 (Steinberg) - As Amended: August 5, 2013 Policy Committee: Public SafetyVote:5-2 Urgency: No State Mandated Local Program: Yes Reimbursable: No SUMMARY This bill amends the definition of an assault weapon to mean a rifle that "does not have a fixed magazine with the capacity to hold no more than 10 rounds," rather than a rifle with one of six specified features and the "capacity to accept a detachable magazine." "Fixed magazine" is defined in the bill 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." This proposed definition is in contrast to the definition of a detachable magazine in current Department of Justice (DOJ) regulations, which 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." This bill also: 1)Provides that any person who, from January 1, 2001, to December 31, 2013, inclusive, lawfully possessed an assault weapon that does not have a fixed magazine, as specified, including those weapons with an ammunition feeding device that can be removed readily from the gun with the use of a tool, shall register the gun with DOJ before July 1, 2015. Requires registrations be submitted electronically via the Internet. 2)Authorizes DOJ to charge a registration fee of up to $15 per person, not to exceed reasonable processing costs, to be SB 374 Page 2 deposited in the Dealers' Record of Sale (DROS) Special Account. FISCAL EFFECT 1)One-time special fund (DROS) costs in the $3 million range over three years to DOJ to transform the current - and aging - Assault Weapon Registration system into a system capable of handling an estimated one million assault weapon registrations by July 1, 2015 and to process these registrations. These costs would be fully offset by the $15 DROS fee authorized by this bill to cover DOJ costs. 2)Unknown, potentially significant annual state GF and local incarceration costs, for additional commitments for possession, manufacture or sale of an assault weapon under the expanded definition, the penalty for which ranges from one year in county jail to four, six, or eight years in county jail, pursuant to correctional realignment. If the person committing this offense has a violent or serious prior, the penalty can be doubled and the sentence served in state prison. Extrapolating from almost 1,000 arrests for possession of an assault weapon in 2012, for every 10 persons with a prior serious or violent felony conviction who are convicted of possession of an assault weapon, pursuant to the definition in this bill, the annual out-year GF cost would be about $1 million in four years, assuming an average term of two years and full -per capita costs. Local incarceration costs would be lower, given shorter terms on average. COMMENTS 1)Rationale . This bill is intended to address the so-called "bullet-button" issue by providing a new statutory definition of a fixed magazine. While current law prohibits possession of assault weapons, and defines an assault weapon (in part) as a semiautomatic centerfire rifle that has the capacity to accept a detachable magazine and has at least one of six specified features - pistol grip, thumbhole stock, folding or telescoping site, grenade or flare launcher, or flash suppressor - current DOJ regulations cloud the issue, defining a detachable magazine as "any ammunition feeding device that can be removed readily from the firearm with SB 374 Page 3 neither disassembly of the firearm action nor use of a tool required. A bullet or ammunition cartridge is considered a tool." Due to this regulatory definition, magazines are not considered detachable if a "tool" is required to remove the magazine from the weapon. As a result, gun manufacturers have built into their weapons recessed buttons that require a tool - the tip of a bullet suffices - to quickly release the magazine, allowing a replacement magazine to be inserted in seconds. Compared to the release process for a detachable magazine, the only difference is the use of a tool, which is allowable under DOJ regulations. The proposed statutory definition of fixed magazine is the key; the practical impact of this bill is to prohibit bullet-button magazine releases on semi-automatic rifles and prohibit semi-automatic rifles that can accept a detachable magazine. According to the author, "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 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." 2)Registration and Takings Issues. This bill does not prohibit possession of a gun that is currently legally owned. This bill requires that the owner of a gun that is not currently considered an assault weapon, but which would be deemed such under the new definition, to register the gun with DOJ before July 1, 2015. Thus this bill avoids takings issues because the owner of a legally acquired gun does not have to relinquish it. 3)Support includes a long list of gun safety advocates, the various entities, such as the CA Federation of Teachers, the CA Medical Association, and local governments. According to SB 374 Page 4 the California Chapters of the Brady Campaign to Prevent Gun Violence, "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 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. SB 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. 4)Opposition includes a series of gun-related sport groups, gun dealers, and the CA State Sheriffs Association. According to Crossroads of the West Gun Shows, 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 sale of many popular makes and models of rifles commonly used for hunting, target practice, competition, recreational shooting, and other lawful purposes. "These civilian firearms are rarely used in the commission of a crime. There is no justifiable reason to ban them?. Unfortunately, such people will always be able to obtain the SB 374 Page 5 firearms SB 374 would ban, if they want them, in the underground market or from outside of California's borders." 5)Related legislation , SB 47 (Yee), also before this committee today, is similar to SB 374 regarding its definition of fixed magazines. SB 47 differs in that it maintains the current law requirement that an assault weapon have one or more of the specified features. SB 374 simply eliminates the requirement that an assault weapon have one of the specified features on the basis that these features - pistol grip, thumbhole stock, folding or telescoping site, grenade or flare launcher, or flash suppressor - may be imposing, but do not necessarily make a weapon more lethal. Analysis Prepared by : Geoff Long / APPR. / (916) 319-2081