BILL ANALYSIS                                                                                                                                                                                                    Ó




                   Senate Appropriations Committee Fiscal Summary
                            Senator Kevin de León, Chair


          SB 396 (Hancock) - Firearms: magazine capacity.

          Amended: May 15, 2013           Policy Vote: Public Safety 5-2
          Urgency: No                     Mandate: Yes
          Hearing Date: May 23, 2013      Consultant: Jolie Onodera
          
          SUSPENSE FILE.
          
          
          Bill Summary: SB 396 would:
               Prohibit, beginning July 1, 2014, the possession of any  
              ammunition magazine that is capable of holding more than 10  
              rounds of ammunition, except as specified.
               Amend 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.
               Require that any person who, prior to July 1, 2014,  
              legally possesses a large-capacity magazine, as defined,  
              dispose of that magazine by various means, as specified.

          Fiscal Impact: 
               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.

          Background: The federal assault weapons law (the Violent Crime  
          Control and Law Enforcement Act, Public Law 103-322) which  








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          became effective in September 1994, banned the possession of  
          both assault weapons and large capacity ammunition feeding  
          devices (defined as a magazine capable of holding more than 10  
          rounds), but included a grandfathering provision for current  
          owners at the time. The law expired in 2004 and has not been  
          reenacted.
          
          The 1989 Roberti-Roos Assault Weapons Control Act (AWCA) was  
          amended by SB 23 (Perata) Chapter 129/1999 to expand the  
          definition of an assault weapon to include a definition based on  
          its generic characteristics in addition to one of several  
          specified features. SB 23 also made it an alternate  
          felony-misdemeanor to import, manufacture, or sell  
          large-capacity ammunition magazines, however, the possession of  
          large capacity magazines was not similarly prohibited.

          Under existing law, a "large-capacity magazine" is defined 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: a feeding device that has been permanently altered so  
          that it cannot accommodate more than 10 rounds, a .22 caliber  
          tube ammunition feeding device, or a tubular magazine that is  
          contained in a lever-action firearm. This bill would amend the  
          definition of large-capacity magazine for purposes of  
          California's assault weapons laws. 

          Proposed Law: This bill would prohibit, beginning July 1, 2014,  
          the possession of any ammunition magazine that is capable of  
          holding more than 10 rounds, except as specified. In addition,  
          this bill:
               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.
               Requires any person who, prior to July 1, 2014, legally  
              possesses a large-capacity magazine to dispose of that  
              magazine by any of the following means:
                (1)      Remove the large-capacity magazine from the  
                state.
                 (2)      Prior to July 1, 2014, sell the large-capacity  
                    magazine to a licensed firearms dealer.
                (3)      Destroy the large-capacity magazine.
                 (4)      Surrender the large-capacity magazine to a law  
                    enforcement agency for destruction.








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             Exempts the holder of a special weapons permit for use as a  
             prop for a motion picture from the criminal provisions of  
             this measure.

          Related Legislation: This measure is part of the following  
          legislative package deemed the Lifesaving Intelligent Firearms  
          Enforcement (LIFE) Act: 

          SB 47 (Yee) 2013 would revise the definition of assault weapon  
          to include a firearm that has one of several specified features  
          and does not have a "fixed magazine" as defined. This bill would  
          require the registration of specified lawfully possessed assault  
          weapons that do not have a fixed magazine, as defined, with the  
          DOJ. This bill is scheduled to be heard today by this committee.
          
          SB 53 (DeLeon) 2013 would require the sale, purchase, and  
          transfer of ammunition to be subject to additional regulations,  
          as specified. This bill would 1) require ammunition purchasers  
          to obtain an ammunition purchase permit and complete a  
          background check prior to any transaction, and, 2) require DOJ  
          to maintain records of all ammunition vendor licenses and  
          purchase permits issued, as well as all ammunition sales. This  
          bill is scheduled to be heard today by this committee.

          SB 140 (Leno) 2013 Chapter 2/2013, an urgency measure,  
          appropriates $24 million from the DROS Special Account to the  
          DOJ to address the backlog of unlawfully held firearms in the  
          Armed Prohibited Persons System (APPS). This bill was signed by  
          the Governor on May 1, 2013.


          SB 374 (Steinberg) 2013 would 1) redefine the definition of what  
          rifles would be considered assault weapons, 2) provide a  
          definition for both "fixed magazine" and "detachable magazine,"  
          3) require the registration of specified lawfully possessed  
          assault weapons with the DOJ, and, 4) enact provisions  
          establishing a Firearm Ownership Record, as specified. This bill  
          is scheduled to be heard today by this committee.

          SB 567 (Jackson) 2013 would revise the definition of shotgun to  
          1) delete language stating that to be considered a shotgun, the  
          weapon must be intended to be fired from the shoulder, and 2)  
          add language stating a shotgun may include a weapon with a  
          rifled bore as well as a smooth bore.  This bill is scheduled to  








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          be heard today by this committee.

          SB 683 (Block) 2013 would expand the current safety certificate  
          requirement on handguns to all firearms. This bill is scheduled  
          to be heard today by this committee.

          SB 755 (Wolk) 2013 expands the list of misdemeanors that result  
          in a 10-year prohibition from firearms possession to include  
          drug and alcohol-related offenses. This bill is scheduled to be  
          heard today by this committee.

          Staff Comments: This bill amends the definition of  
          "large-capacity magazine," a violation by manufacturing,  
          importing, keeping for sale, giving or lending, of which is an  
          alternate felony-misdemeanor. The felony is punishable by  
          imprisonment for 16 months, two or three years in county jail or  
          state prison (if prior conviction for a serious or violent  
          felony). The misdemeanor is punishable by imprisonment in county  
          jail for up to one year. By expanding the prohibition of  
          large-capacity magazines to possession, this bill expands the  
          scope of the aforementioned crime.

          Arrest information from the DOJ indicates nearly 550 felony  
          arrests for manufacturing and sale of large-capacity magazines  
          in 2012. It is unknown how many persons in this state currently  
          possess the types of magazines specified in this measure, nor  
          how many of those who possess these magazines will fail to  
          dispose of them as required under the provisions of this bill.  
          To the extent there is an increase in the number of convictions  
          under the expanded scope of this crime, both state and local  
          incarceration costs will increase. For every 50 individuals  
          convicted of a felony violation of the expanded scope of this  
          crime, increased state incarceration costs could range from $1.4  
          million to $3 million (General Fund) per year, compounding to  
          $2.8 million to $6 million due to overlapping sentences,  
          assuming the middle term of the 16 month, 2, or 3 year triad for  
          possession with a prior, based on the range of potential costs  
          to accommodate additional state prison sentences. To the extent  
          the number of individuals impacted is greater/less or the  
          average sentence imposed is longer/shorter than estimated,  
          annual costs would be impacted accordingly.

          California's prison system continues to operate under federal  
          oversight as it addresses the issues of prison overcrowding and  








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          constitutionally adequate health and mental health care in its  
          33 facilities. On April 11, 2013, the three-judge panel denied  
          the state's motion to vacate/modify the inmate population cap  
          and ordered the state to provide a list of proposed population  
          reduction measures within 21 days of the order (May 2, 2013). To  
          the extent this measure exacerbates prison overcrowding due to  
          lengthier prison terms, this bill creates future cost pressure  
          (General Fund) to potentially utilize additional contract beds,  
          out-of-state facilities, or capital outlay in order to comply  
          with the court-ordered population limit.

          To the extent the provisions of this bill serve to reduce the  
          incidence of firearms-related injuries and death, potential  
          future cost savings could be substantial. A study by the  
          non-profit Pacific Institute for Research and Evaluation (PIRE)  
          reported over 105,000 incidences of firearm injury and death in  
          2010 nationally, with an estimated societal cost of over $174  
          billion in work lost, medical care, insurance, criminal justice  
          expenses, and pain and suffering.  At a unit level, the study  
          reported a governmental cost of $187,000 to $582,000 per firearm  
          fatality in medical and mental health care, emergency services,  
          and administrative and criminal justice costs. The estimated  
          societal cost per firearm injury or fatality, including lost  
          work productivity and quality of life was reported at nearly  
          $430,000 to $5 million, respectively.