BILL ANALYSIS �
SB 396
Page 1
SENATE THIRD READING
SB 396 (Hancock and Steinberg)
As Amended September 3, 2013
Majority vote
SENATE VOTE :25-14
PUBLIC SAFETY 4-2 APPROPRIATIONS 12-5
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|Ayes:|Ammiano, Jones-Sawyer, |Ayes:|Gatto, Bocanegra, |
| |Quirk, Skinner | |Bradford, |
| | | |Ian Calderon, Campos, |
| | | |Eggman, Gomez, Hall, |
| | | |Holden, Pan, Quirk, Weber |
| | | | |
|-----+--------------------------+-----+--------------------------|
|Nays:|Melendez, Waldron |Nays:|Harkey, Bigelow, |
| | | |Donnelly, Linder, Wagner |
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SUMMARY : Prohibits the possession of any large-capacity
magazine with specified exemptions. Specifically, this bill :
1)Amends the current definition of "capacity to accept more than
10 rounds" to mean capable of holding more than 10 rounds, and
specifies that the term does not apply to a feeding device
that has been permanently altered so that it cannot hold more
than 10 rounds.
2)Includes within the definition of a "large-capacity magazine"
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)States that a "large-capacity magazine" does not include a
magazine that is only of sufficient length to hold no more
than 10 rounds of ammunition.
4)Provides that, commencing July 1, 2014, any person in
California who possesses any large-capacity magazine,
regardless of the date the magazine was required, is guilty of
an alternate misdemeanor/infraction, punishable by
imprisonment in the county jail not to exceed one year, by a
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fine not to exceed $100, or by both the fine and imprisonment,
or a fine not to exceed $100 in the case of an infraction.
5)Provides that any person who, prior to July 1, 2014, legally
possesses a large-capacity magazine shall dispose of that
magazine by any of the following means:
a) Remove the large-capacity magazine from California;
b) Prior to July 1, 2014, sell the large-capacity magazine
to a licensed firearms dealer;
c) Destroy the large-capacity magazine; or,
d) Surrender the large-capacity magazine to a law
enforcement agency for destruction.
6)Exempts the possession of a large-capacity magazine by:
a) Any federal, state, county, city and county, or city
agency that is charged with the enforcement of any law, for
use by agency employees in the discharge of their official
duties, whether on or off duty, and where the use is
authorized by the agency and is within the course and scope
of their duties;
b) A sworn peace officer, as defined, who is authorized to
carry a firearm in the course and scope of that officer's
duties;
c) Any entity that operates an armored vehicle business
pursuant to the laws of California;
d) Authorized employees, while in the course and scope of
employment for purposes that pertain to the entity's
armored vehicle business; and,
e) The holder of a special weapons permit for use as a prop
for a motion picture for specified purposes.
EXISTING LAW :
1)Defines a "large-capacity magazine" as any ammunition feeding
device with the capacity to accept more than 10 rounds, but
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shall not be construed to include any of the following:
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; or,
c) A tubular magazine that is contained in a lever-action
firearm.
2)States, except as provided, commencing January 1, 2000, any
person in California 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 pursuant to
realignment.
3)Allows a person who lawfully possessed a large-capacity
magazine in California prior to January 1, 2000, and lawfully
took it out of the state, to return to the state with the same
large-capacity magazine without violating the prohibition
against importing a large-capacity magazine into California.
4)Provides the following exceptions to the prohibition against
manufacturing or causing to be manufactured, importing into
the state, keeping for sale, or offering or exposing for sale,
or giving, or lending, any large-capacity magazine:
a) Government agency charged with law enforcement;
b) Sworn peace officer;
c) Sale or purchase by licensed person;
d) Loan under specified circumstances;
e) Importation by person in legal possessions prior to
January 1, 2000;
f) Delivery to gun smith;
g) Person with permit and registration;
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h) Entity that operates armored vehicle business;
i) Manufacture for government agency;
j) Use as prop; or,
aa) Purchase for use as prop.
FISCAL EFFECT : According to the Assembly Appropriations
Committee, unknown, potentially moderate annual local
incarceration costs for local jail commitments. For every 10
persons sentenced to county jail for possession of a
high-capacity magazine, the annual costs would be in the range
of $250,000, assuming an average term of six months
COMMENTS : According to the author, "In 1999, the Legislature
passed SB 23 (Perata) which prohibited the possession of assault
weapons, such as the AK-47 and created a generic definition of
an assault weapon. As part of that legislation, the
importation, manufacture and sale of large capacity ammunition
magazines was strictly prohibited. However, the possession of
high capacity magazines was not prohibited.
"Federal law also outlawed possession of high capacity magazines
as part of the 1994 federal assault weapons ban but allowed
current owners to keep them under a 'grandfathering' provision.
The federal assault weapons ban was allowed to expire in 2004.
Research has shown that, prior to the implementation of the
federal assault weapons ban, these high capacity magazines were
used in between 14 and 26% of guns used in crime.
"High capacity magazines are ammunition feeding devices that
hold more than ten rounds of ammunition. These mega-magazines
can hold upwards of 100 rounds of ammunition and allow a shooter
to rapidly fire without reloading.
"High capacity magazines are not designed for hunting or target
shooting. High capacity magazines are military designed
devices. They are designed for one purpose only - to allow a
shooter to fire a large number of bullets in a short period of
time.
"This bill will make clear that possession of these
'mega-magazines' is also prohibited. Law enforcement officers
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have told us that, because the Penal Code currently fails to
specifically prohibit possession, the law is very difficult to
enforce. This needs to be fixed and this measure addresses that
by prohibiting the possession.
"Prohibiting possession of these high capacity magazines is just
one important part of the comprehensive strategy being proposed
today to reduce gun violence in California."
Please see the policy committee analysis for a full discussion
of this bill.
Analysis Prepared by : Stella Choe / PUB. S. / (916) 319-3744
FN: 0002173