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 | | ----------------------------------------------------------------- VETO 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 SENATE FLOOR : 21-15, 9/12/13 AYES: Block, Calderon, Corbett, De León, DeSaulnier, Evans, Hancock, Hernandez, Hill, Jackson, Lara, Leno, Lieu, Liu, Monning, Padilla, Pavley, Steinberg, Torres, Wolk, Yee NOES: Anderson, Berryhill, Cannella, Correa, Emmerson, Fuller, Gaines, Huff, Knight, Nielsen, Roth, Vidak, Walters, Wright, Wyland CONTINUED SB 374 Page 2 NO VOTE RECORDED: Beall, Galgiani, Hueso, Vacancy SUBJECT : Firearms: assault weapons SOURCE : Author DIGEST : This bill amends the definition of an assault weapon as it pertains to rifles, defines "detachable magazines" and "fixed magazines," and specifies that rifles which are not assault weapons have fixed magazines. 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; B. A semiautomatic, centerfire rifle that has an overall CONTINUED SB 374 Page 3 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 conditions are met. CONTINUED SB 374 Page 4 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. GOVERNOR'S VETO MESSAGE: "I am returning Senate Bill 374 without my signature. CONTINUED SB 374 Page 10 The State of California already has some of the strictest gun laws in the country, including bans on military-style assault rifles and high-capacity ammunition magazines. While the author's intent is to strengthen these restrictions, this bill goes much farther by banning any semi-automatic rifle with a detachable magazine. This ban covers low-capacity rifles that are commonly used for hunting, firearms training, and marksmanship practice, as well as some historical and collectible firearms. Moreover, hundreds of thousands of current gun owners would have to register their rifles as assault weapons and would be banned from selling or transferring them in the future. Today I signed a number of bills that strengthen California's gun laws, including AB 48, which closes a loophole in the existing ban on dangerous high-capacity magazines. I also signed AB 1131 and SB 127, which restrict the ability of mentally unstable people to purchase or possess guns. I don't believe that this bill's blanket ban on semi-automatic rifles would reduce criminal activity or enhance public safety enough to warrant this infringement on gun owners' rights." 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, 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:ded 1/6/14 Senate Floor Analyses SUPPORT/OPPOSITION: SEE ABOVE CONTINUED SB 374 Page 11 **** END **** CONTINUED