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 SB 396 (Hancock) Page 1 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. SB 396 (Hancock) Page 2 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 SB 396 (Hancock) Page 3 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 SB 396 (Hancock) Page 4 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.