BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | SB 396|
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THIRD READING
Bill No: SB 396
Author: Hancock (D) and Steinberg (D), et al.
Amended: 5/15/13
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, 05/23/13
AYES: De León, Hill, Lara, Padilla, Steinberg
NOES: Walters, Gaines
SUBJECT : Firearms: magazine capacity
SOURCE : Author
DIGEST : This bill prohibits, beginning July 1, 2014,
possession of any ammunition magazine that is capable of holding
more than 10 rounds of ammunition, except as specified, and
amends the definition of large-capacity magazine.
ANALYSIS :
Existing law:
1. Defines a "large-capacity magazine" as "any ammunition
feeding device with the capacity to accept more than 10
rounds, but shall not be construed to include any of the
following:
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A. A feeding device that has been permanently altered so
that it cannot accommodate more than 10 rounds.
B. A .22 caliber tube ammunition feeding device.
C. A tubular magazine that is contained in a lever-action
firearm.
2. Provides that, except as specified, commencing January 1,
2000, any person in this state who manufactures or causes to
be manufactured, imports into the state, keeps for sale, or
offers or exposes for sale, or who gives, or lends, any
large-capacity magazine is punishable by imprisonment in a
county jail not exceeding one year or imprisonment for 16
months, two or three years.
3. Provides that, upon a showing that good cause exists, the
Department of Justice may issue permits for the possession,
transportation, or sale between a licensed firearms dealer
and an out-of-state client, of large-capacity magazines.
4. Provides that, except as specified, any large-capacity
magazine is a nuisance and is subject to an injunction
against its possession, manufacture or sale, and is subject
to confiscation and summary destruction.
This bill:
1. Prohibits, beginning July 1, 2014, possession of any
ammunition magazine that is capable of holding more than 10
rounds of ammunition, except as specified.
2. Amends the definition of large-capacity magazine to include a
feeding device that had a capacity of more than 10 rounds but
has been permanently modified to hold no more than 10 rounds
of ammunition.
3. Requires that any person who, prior to July 1, 2014, legally
possesses a large-capacity magazine dispose of that magazine
by removing it from the state, selling the large-capacity
magazine to a licensed firearms dealer before July 1, 2014,
destroying it, or surrendering it to a law enforcement agency
for destruction.
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FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: Yes
According to the Senate Appropriations Committee:
Unknown, potential increase in annual state incarceration
costs (General Fund) to the extent additional felony
convictions for unlawful possession of a large-capacity
magazine to individuals with a prior serious or violent
offense are sentenced to state prison. For every 50
additional felony convictions, increased annual incarceration
costs of $1.4 million to $3 million (General Fund),
compounding to $2.8 to $6 million for overlapping sentences
assuming the middle term of the sentencing triad.
Increased annual local incarceration costs (Local) for
unlawful possession of a large-capacity magazine as either a
misdemeanor offense or a felony offense with no serious or
violent prior conviction.
Potentially significant costs to local law enforcement
agencies to destroy large-capacity magazines that are
surrendered, as authorized under the provisions of this bill.
SUPPORT : (Verified 5/23/13)
AAUW of California
ADL - Anti-Defamation League
Alameda County District Attorney Nancy E. O'Malley
Alameda Police Department
American Academy of Pediatrics
Auburn Area Democratic Club
Bend the Arc: Jewish Partnership for Justice
California American College of Emergency Physicians
California Chapters of the Brady Campaign to Prevent Gun
Violence
(Individual Chapters of the Brady Campaign from the following
Counties and regions: Antelope Valley, Contra Costa, Long
Beach, Los Angeles, Marin, Napa, Nevada, Oakland, Orange
County, Pomona, San Joaquin, Sacramento Valley, San Diego, San
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Fernando Valley, San Francisco, San Mateo, Santa Barbara,
Santa Clara, Santa Cruz, Solano, Sonoma, South Bay LA, Tri
City Alameda County, Ventura and Yolo)
California Church Impact
California Federation of Teachers
California Partnership to End Domestic Violence
California State Parent Teachers Association
Chula Vista Police Department
Christy Lynn Foundation of Orange County
City of Chula Vista
City of Oakland
City of San Leandro Police Department
CLUE California
Coalition Against Gun Violence
Contra Costa County Supervisor John Gioia
County of Los Angeles Sheriff Lee Baca
County of Santa Barbara District Attorney Joyce E. Dudley
Courage Campaign
Credo Action
Democratic Women of Santa Barbara County
Doctors for America
El Cerrito Police Department
Emeryville Police Department
Friends Committee on Legislation of California
Hercules City Council Member Sherry McCoy
Laguna Woods Democratic Club, Orange County
Law Center to Prevent Gun Violence
Livermore Police Department
Los Angeles Mayor Antonio Villaraigosa
Los Angeles Police Chief Charlie Beck
Moms Demand Action for Gun Sense in America, San Francisco
Bay Area Chapter
National Council of Jewish Women
Neighbors United to Protect Our Communities
Oakland Police Department
PICO California
Piedmont Police Department
South County Citizens against Gun Violence of Orange County
St. Stephens Church
Tri-Cities Democratic Forum
City of Hercules, Vice-Mayor Myrna de Vera
Violence Prevention Coalition of Orange County
Women for: Orange County
Youth Alive!
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OPPOSITION : (Verified 5/23/13)
Calguns Foundation
California Association of Federal Firearms Licensees
California Public Defenders Association
California Right to Carry
California Rifle and Pistol Association, Inc.
California Sportsman's Lobby, Inc.
California State Sheriffs' Association
National Rifle Association
Outdoor Sportsmen's Coalition of California
Safari Club International
Sheriff of Shasta County, Tom Bosenko
Sheriff of San Bernardino County, John McMahon
ARGUMENTS IN SUPPORT : The California Chapters of the Brady
Campaign to Prevent Gun Violence states:
Since January 2000, California law has prohibited the
manufacture, importation, sale, gift, or loan of any large
capacity ammunition magazine capable of holding more than
ten rounds. SB 396 would add a prohibition on possessing
large capacity magazines, regardless of the date the
magazine was acquired.
Recent mass shootings involving large capacity magazines
have demonstrated the tragic carnage caused by these
magazines. The shooters in Fort Hood, Tucson, Aurora, and
Newtown were able to injure or kill large numbers of
people very quickly because of their ability to shoot a
large number of bullets in a very short period of time.
Jared Loughner, who was able to rapidly fire 31 bullets in
15 seconds without reloading, killed six people and
wounded thirteen others in Tucson. The shooting ended
when bystanders tackled the gunman while he was reloading.
Nine year old Christina-Taylor Green was shot by the
thirteenth bullet - had there been a magazine limit of ten
rounds, she might be alive today.
With average use, magazines typically last about twelve
years. It is now time to end the grandfathering of large
capacity magazines and exploitation of the law by
prohibiting the possession of these magazines. Serious
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hunters do not use large capacity magazines. A
prohibition on the sale, transfer, and possession of large
capacity magazines clearly furthers public safety.
ARGUMENTS IN OPPOSITION : The Shasta County Sheriff states:
I am strongly opposed to Senate Bill 396. Existing law
defines firearm magazine capacity. This bill would add
that the magazine be only of a sufficient length to
accommodate 10 rounds. This bill would also prohibit the
possession, sale, lending, offering, giving, etc. of any
current or existing large capacity magazine. This bill
not only restricts magazines but would render certain
firearms such as semi-automatic handguns inoperable due to
grip and magazine design.
Currently, there are literally millions of magazines with
capacity greater than 10 rounds. Existing law exempts or
grandfathers in such magazines. This law would make
current law abiding citizens who possess such magazines
into criminals. If citizens would be required to turn in
high capacity magazines, they would need to be compensated
for them at fair market value. This would cost the state
hundreds of millions to reimburse citizens, all at a time
when the state should be saving money.
This bill improperly and unreasonably places unfounded
mandates on local agencies, such mandates need to be
properly funded. This bill does nothing to address the
causes of gun violence, such as criminal behavior, mental
illness, or substance abuse. There are plenty of gun
related laws, enforce them. Strict enforcement, vigorous
prosecution, and harsh sentences will address criminals,
reduce violence, and save lives.
JG:d 5/24/13 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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