BILL ANALYSIS �
Senate Appropriations Committee Fiscal Summary
Senator Kevin de Le�n, Chair
SB 396 (Hancock) - Firearms: magazine capacity.
Amended: April 3, 2013 Policy Vote: Public Safety 5-2
Urgency: No Mandate: Yes
Hearing Date: May 6, 2013 Consultant: Jolie Onodera
This bill meets the criteria for referral to the 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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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
be heard today by this committee.
SB 683 (Block) 2013 would expand the current safety certificate
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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
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
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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.