BILL ANALYSIS Ó
-----------------------------------------------------------------
|SENATE RULES COMMITTEE | SB 374|
|Office of Senate Floor Analyses | |
|1020 N Street, Suite 524 | |
|(916) 651-1520 Fax: (916) | |
|327-4478 | |
-----------------------------------------------------------------
UNFINISHED BUSINESS
Bill No: SB 374
Author: Steinberg (D), Hancock (D), and Yee (D)
Amended: 9/6/13
Vote: 21
SENATE PUBLIC SAFETY COMMITTEE : 5-2, 4/16/13
AYES: Hancock, Block, De León, Liu, Steinberg
NOES: Anderson, Knight
SENATE APPROPRIATIONS COMMITTEE : 5-2, 5/23/13
AYES: De León, Hill, Lara, Padilla, Steinberg
NOES: Walters, Gaines
SENATE FLOOR : 23-15, 5/29/13
AYES: Beall, Block, Calderon, Corbett, De León, DeSaulnier,
Evans, Hancock, Hernandez, Hill, Jackson, Lara, Leno, Lieu,
Liu, Monning, Padilla, Pavley, Price, Steinberg, Torres, Wolk,
Yee
NOES: Anderson, Berryhill, Cannella, Correa, Emmerson, Fuller,
Gaines, Galgiani, Huff, Knight, Nielsen, Roth, Walters,
Wright, Wyland
NO VOTE RECORDED: Hueso, Vacancy
ASSEMBLY FLOOR : 44-31, 9/10/13 - See last page for vote
SUBJECT : Firearms: assault weapons
SOURCE : Author
DIGEST : This bill amends the definition of an assault weapon
CONTINUED
SB 374
Page
2
as it pertains to rifles, defines "detachable magazines" and
"fixed magazines," and specifies that rifles which are not
assault weapons have fixed magazines.
Assembly Amendments (1) delete the requirement that a Firearm
Ownership Record shall be submitted to the Department of Justice
(DOJ) for every firearm an individual owns, as specified, (2)
deletes "rimfire" as it pertains to the definition of an assault
weapon, as specified, (3) deletes the portion of the bill
authorizing DOJ to charge a fee for maintaining the Firearm
Ownership Record, and (4) recasts the firearm registration
requirements of the bill into its own separate section in order
to avoid chaptering issues.
ANALYSIS : Existing law:
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.
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.
3.Defines "assault weapon" as one of certain specified rifles
and pistols or as:
A. A semiautomatic, centerfire rifle that has the capacity
to accept a detachable magazine and has at least one of the
following:
A pistol grip that protrudes conspicuously beneath
the action of the weapon;
A thumbhole stock;
A vertical handgrip;
A folding or telescoping stock;
A grenade launcher or flare launcher;
A flash suppressor; or
A forward handgrip.
A. A semiautomatic, centerfire rifle that has a fixed
magazine with the capacity to accept more than 10 rounds;
CONTINUED
SB 374
Page
3
B. A semiautomatic, centerfire rifle that has an overall
length of less than 30 inches;
C. A semiautomatic pistol that has the capacity to accept a
detachable magazine and has at least one of the following:
A threaded barrel, capable of accepting a flash
suppressor, forward handgrip, or silencer;
A second handgrip;
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
The capacity to accept a detachable magazine at some
location outside of the pistol grip.
A. A semiautomatic pistol with a fixed magazine that has
the capacity to accept more than 10 rounds;
B. A semiautomatic shotgun that has both of the following:
A folding or telescoping stock; and,
A pistol grip that protrudes conspicuously beneath
the action of the weapon, thumbhole stock, or vertical
handgrip.
A. A semiautomatic shotgun that has the ability to accept a
detachable magazine; and
B. Any shotgun that has a revolving cylinder.
1.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.
2.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 subdivision (h) of
Section 1170 (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
possession of no more than two firearms and certain specified
CONTINUED
SB 374
Page
4
conditions are met.
3.Requires that any person who lawfully possesses an assault
weapon, as specified, must register the firearm with DOJ, as
specified.
This bill:
1.Amends the definition of an assault weapon as it pertains to
rifles only. The new definition would be that 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 no more than 10
rounds, or
B. A semiautomatic, centerfire rifle that has an overall
length of less than 30 inches.
1.Defines a "detachable magazine" as "an ammunition feeding
device that can be removed readily from the firearm without
disassembly of the firearm action."
2.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.
3.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 DOJ pursuant to
procedures determined by DOJ.
4.Provides that DOJ may charge a fee for registration of up to
$20 per person but not to exceed the reasonable processing
costs of DOJ. After the department establishes fees
sufficient to reimburse the department for processing costs,
fees charged shall increase at a rate not to exceed DOJ's
reasonable processing costs. The fees shall be deposited into
the Dealers' Record of Sale Special Account.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
CONTINUED
SB 374
Page
5
Local: Yes
According to the Senate Appropriations Committee:
One-time costs of $24.6 million (Special Fund*) over two
years for DOJ to process firearm ownership records for an
estimated five 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 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% of annual rifle sales in
California. Future year impact could be somewhat mitigated
to the extent consumers shift to purchases of alternative
firearms.
SUPPORT : (Verified 9/9/13)
AAUW, Santa Barbara - Goleta Valley Branch
AAUW, Santa Maria Branch
ADL, Anti-Defamation League
Alameda County District Attorney, Nancy O'Malley
Alameda Police Department, Chief Michael Noonan
Auburn Area Democratic Club
Bend the Arc: Jewish Partnership for Justice
Burbank Chief of Police
California Chapter of the American College of Emergency
Physicians (California ACEP)
CONTINUED
SB 374
Page
6
California Chapters of the Brady Campaign to Prevent Gun
Violence
California Church Impact
California Federation of Teachers
Christy Lynn Wilson Foundation Violence Prevention Coalition,
Greater Los
Angeles
Chula Vista Police Department, Chief David Bejarano
City of Oakland
Clue California
Coalition Against Gun Violence, a Santa Barbra County Coalition
Contra Costa County Chapter of the Brady Campaign to Prevent Gun
Violence
Courage Campaign
CREDO Action
Democrat Women of Santa Barbara County
Doctors for America
Friends Committee on Legislation of California
Laguna Woods Democratic Club
Law Center to Prevent Gun Violence
Livermore Chief of Police, Randy Sonnenberg
Long Beach Chapter of the Brady Campaign to Prevent Gun Violence
Los Angeles County Chapter of the Brady Campaign to Prevent Gun
Violence
Los Angeles County Sheriff, Leroy Baca
Los Angeles Mayor Antonio Villaraigosa
Los Angeles Police Department, Chief Charlie Beck
Marin County Chapter of the Brady Campaign to Prevent Gun
Violence
Moms Demand Action for Gun Sense in America
National Council of Jewish Women
Neighbors United to Protect our Communities
Nevada County Chapter of the Brady Campaign to Prevent Gun
Violence
Oakland/Alameda County Chapter of the Brady Campaign to Prevent
Gun Violence
Orange County Chapter of the Brady Campaign to Prevent Gun
Violence
Orange County Democrats
PICO California
Pomona Valley Chapter of the Brady Campaign to Prevent Gun
Violence
Sacramento Valley Chapter of the Brady Campaign to Prevent Gun
Violence
CONTINUED
SB 374
Page
7
San Diego County Chapter of the Brady Campaign to Prevent Gun
Violence
San Fernando Valley Chapter of the Brady Campaign to Prevent Gun
Violence
San Francisco Chapter of the Brady Campaign to Prevent Gun
Violence
San Francisco Mayor Ed Lee
San Joaquin County Chapter of the Brady Campaign to Prevent Gun
Violence
San Leandro Chief of Police
San Mateo County Chapter of the Brady Campaign to Prevent Gun
Violence
Santa Barbara Chapter of the Brady Campaign to Prevent Gun
Violence
Santa Barbara County District Attorney, Joyce Dudley
Santa Barbara Rape Crises Center
Santa Clara County Chapter of the Brady Campaign to Prevent Gun
Violence
Santa Cruz County Chapter of the Brady Campaign to Prevent Gun
Violence
Sisters of St. Joseph of Orange
Solano County Chapter of the Brady Campaign to Prevent Gun
Violence
Sonoma County Chapter of the Brady Campaign to Prevent Gun
Violence
South County Citizens Against Gun Violence, Orange County
Tri-Cities Democratic Forum
Tri-City Interfaith Council
Ventura County Chapter of the Brady Campaign to Prevent Gun
Violence
Violence Prevention Coalition of Greater Lost Angeles
Violence Prevention Coalition of Orange County
Women Against Gun Violence
Women For: Orange County
Youth Alive!
OPPOSITION : (Verified 9/9/13)
California Association of Firearms Retailers
California Federation of Federal Firearms Licensees
California Rifle and Pistol Association
California Right to Carry
California Sportsman's Lobby, Inc.
California State Sheriffs' Association
CONTINUED
SB 374
Page
8
Crossroads of the West
National Rifle Association
National Shooting Sports Foundation
Outdoor Sportsmen's Coalition of California
Safari Club International
Shasta County Sheriff
ARGUMENTS 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 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
CONTINUED
SB 374
Page
9
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.
ARGUMENTS 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 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.
ASSEMBLY FLOOR : 44-31, 9/10/13
AYES: Alejo, Ammiano, Atkins, Bloom, Bocanegra, Bonilla, Bonta,
Bradford, Buchanan, Ian Calderon, Campos, Chau, Chesbro, Daly,
Dickinson, Fong, Garcia, Gatto, Gomez, Gonzalez, Gordon, Hall,
CONTINUED
SB 374
Page
10
Roger Hernández, Holden, Jones-Sawyer, Levine, Lowenthal,
Mitchell, Mullin, Muratsuchi, Nazarian, Pan, V. Manuel Pérez,
Quirk, Quirk-Silva, Rendon, Skinner, Stone, Ting, Weber,
Wieckowski, Williams, Yamada, John A. Pérez
NOES: Achadjian, Allen, Bigelow, Brown, Chávez, Conway, Cooley,
Dahle, Donnelly, Fox, Frazier, Beth Gaines, Gorell, Grove,
Hagman, Harkey, Jones, Linder, Logue, Maienschein, Mansoor,
Medina, Melendez, Morrell, Nestande, Olsen, Patterson, Salas,
Wagner, Waldron, Wilk
NO VOTE RECORDED: Eggman, Gray, Perea, Vacancy, Vacancy
JG:nl:de 9/10/13 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
**** END ****
CONTINUED