BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                    AB 1663


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          Date of Hearing:  March 1, 2016
          Counsel:               Gabriel Caswell


                         ASSEMBLY COMMITTEE ON PUBLIC SAFETY


                                  Bill Quirk, Chair





          AB  
                      1663 (Chiu) - As Introduced  January 14, 2016




          SUMMARY:  Amends the definition of an assault weapon as it  
          pertains to rifles and defines "detachable magazines" and "fixed  
          magazines".  Specifies that rifles which are not assault weapons  
          have fixed magazines.  Specifically, this bill:  

          1)Classifies a semiautomatic centerfire rifle that does not have  
            a fixed magazine with the capacity to accept no more than 10  
            rounds as an assault weapon. Eliminates the following  
            characteristics from the definition of what constitutes an  
            assault weapon, a semiautomatic, centerfire rifle that has the  
            capacity to accept a detachable magazine and has at least one  
            of the following:

             a)   a pistol grip that protrudes conspicuously beneath the  
               action of the weapon;  

              b)   a thumbhole stock;  

              c)   a vertical handgrip;  

              d)   a folding or telescoping stock;  

              e)   a grenade launcher or flare launcher;  








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              f)   a flash suppressor; or,  

              a)   a forward handgrip.

          2)Requires registration with the Department of Justice (DOJ) of  
            any assault weapon that does not have a fixed magazine and was  
            lawfully possessed between January 1, 2001, and December 31,  
            2016, including those weapons with an ammunition feeding  
            device that can be removed readily from the firearm with the  
            use of a tool, and who, on or after January 1, 2017, lawfully  
            possesses that firearm.  Registration of the firearm must  
            occur by July 1, 2018. 


          EXISTING LAW:  

          1)Contains legislative findings and declarations that the  
            proliferation and use of assault and .50 BMG rifles poses a  
            threat to the health, safety, and security of all citizens of  
            California.  (Pen. Code § 30505.)  

           2)States legislative intent to place restrictions on the use of  
            assault weapons and .50 BMG rifles and to establish a  
            registration and permit procedure for their lawful sale and  
            possession.  (Pen. Code § 30505.)  

           3)Defines an "assault weapon" as one of certain specified rifles  
            and pistols (Penal Code Section 30510) or as (Pen. Code §  
            30515):  

              a)   A semiautomatic, centerfire rifle that has the capacity  
               to accept a detachable magazine and has at least one of the  
               following:
              
                i)     A pistol grip that protrudes conspicuously beneath  
                 the action of the weapon;  

                ii)    A thumbhole stock;  

                iii)   A vertical handgrip;  









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               iv)    A folding or telescoping stock;  

                v)     A grenade launcher or flare launcher;  

                vi)    A flash suppressor; or,  

                vii)   A forward handgrip.
                
              b)   A semiautomatic, centerfire rifle that has a fixed  
               magazine with the capacity to accept more than 10 rounds;  

              c)   A semiautomatic, centerfire rifle that has an overall  
               length of less than 30 inches;  

              d)   A semiautomatic pistol that has the capacity to accept a  
               detachable magazine and has at least one of the following:
              
                i)     A threaded barrel, capable of accepting a flash  
                 suppressor, forward handgrip, or silencer;  

                ii)    A second handgrip;  

                iii)   A shroud that is attached to, or partially or  
                 completely encircles, the barrel that allows the bearer  
                 to fire the weapon without burning his or her hand,  
                 excepting a slide that encloses the barrel; or,  

                iv)    The capacity to accept a detachable magazine at some  
                 location outside of the pistol grip.
                
              e)   A semiautomatic pistol with a fixed magazine that has  
               the capacity to accept more than 10 rounds;  

              f)   A semiautomatic shotgun that has both of the following:
              
                i)     A folding or telescoping stock; and,  

                ii)    A pistol grip that protrudes conspicuously beneath  
                 the action of the weapon, thumbhole stock, or vertical  
                 handgrip.
                
              g)   A semiautomatic shotgun that has the ability to accept a  








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               detachable magazine; and  

              h)   Any shotgun that has a revolving cylinder.   

           4)Defines a "detachable magazine" as any ammunition feeding  
            device that can be removed readily from the firearm with  
            neither disassembly of the firearm action nor use of a tool  
            being required.  A bullet or ammunition cartridge is  
            considered a tool.  Ammunition feeding device includes any  
            belted or linked ammunition, but does not include clips, en  
            bloc clips, or stripper clips that load cartridges into the  
            magazine.  (11 California Code of Regulations § 5469.)  

           5)Provides that unlawful possession of an assault weapon is an  
            alternate felony-misdemeanor and shall be punished by  
            imprisonment in a county jail for a period not exceeding one  
            year, or by imprisonment pursuant to Penal Code Section  
            1170(h) (16 months, two or three years).  Notwithstanding the  
            above, a first violation of these provisions is punishable by  
            a fine not exceeding $500 if the person was found in  
            possession of no more than two firearms and certain specified  
            conditions are met.  (Pen. Code § 30605.)  

           6)Provides that any person who within California manufactures,  
            imports into California, offers for sale, or who gives or  
            lends any assault weapon with specified exceptions is guilty  
            of a felony punishable by imprisonment in state prison for  
            four, six, or eight years.  (Pen. Code § 30600.)  

           7)Exempts the DOJ, law enforcement agencies, military forces,  
            and other specified agencies from the prohibition against  
            sales to, purchase by, importation of, or possession of  
            assault weapons or .50 BMG rifles.  (Pen. Code § 30625.)  

           8)Requires that any person who lawfully possesses an assault  
            weapon, as specified, must register the firearm with DOJ, as  
            specified.  (Pen. Code § 30900 et. seq.)  
           
          FISCAL EFFECT:  Unknown


          COMMENTS:  








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          1)Author's Statement:  According to the author, "This debate is  
            not new to this Legislature or to the state at large. Just  
            three years ago, loopholes and limitations in the state's  
            assault weapons ban were examined in the wake of the tragic  
            2012 shooting rampage at Sandy Hook Elementary School where 20  
            children were shot dead. Now again in 2016 the state is  
            returning to this issue in the aftermath of the San Bernardino  
            shooting last December. Since 2013 the number of shootings has  
            only increased and by some measures, the nation is facing a  
            mass shooting every day. Only one factor in all these  
            situations has not changed: the choice of these shooters to  
            use weapons with the ability to detach a magazine and rapidly  
            reload. Clearly the limitations in the state's assault weapons  
            ban are only getting worse, and it is only a question of when  
            will the next mass shooting occur in California given the  
            current abilityto purchase legally a firearm that functions as  
            an assault weapon.

            "Despite the express intent of the California Roberti-Roos  
            Assault Weapons Control Act (AWCA), originally adopted in  
            1989, gun manufacturers have repeatedly modified the firearms  
            they produce to evade the law and continue the sale of  
            so-called 'California compliant' weapons.  In 1999, the  
            Legislature broadened the original statute in response to  
            technological developments in the manufacturing of  
            semiautomatic weapons. However, in recent years, the gun  
            industry has developed another workaround of the state ban  
            with the creation of the "bullet button," which allows for  
            magazines to be detached and replaced just as easily as with  
            illegal assault weapons.  Because a device or tool is needed  
            to detach the magazine, such firearms are legal under the  
            current language of the state's assault weapons ban. The  
            ability to rapidly reload these weapons dramatically increases  
            their lethality during a mass shooting.  One of the two  
            semiautomatic rifles used in San Bernardino had a bullet  
            button.

            "AB 1663 addresses the heart of the limitations in the AWCA  
            and fulfills its original intent: to prohibit firearms that  
            have the ability to detach a magazine and rapidly reload  
            resulting in what ultimately is the power of the shooter to  








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            have virtually unlimited killing capacity. This bill prohibits  
            the future sale, purchase, manufacture, importation, or  
            transfer in California of semi-automatic rifles that can  
            accept detachable magazines.  Requiring truly fixed magazines  
            will reduce the potential of these firearms to seriously kill  
            and maim people in a short amount of time.  The loophole that  
            allows guns meant for war zones to proliferate in our cities,  
            our neighborhoods, and our schools will be closed.  The bullet  
            button and any other gun industry manufacturing tricks that  
            undermine the AWCA will be rendered irrelevant. With a goal of  
            saving countless lives, AB 1663 will take assault weapons that  
            are legal in name only out of our communities."  

          2)California's Assault Weapons Ban:  The origin of and  
            subsequent modifications to the assault weapons ban in  
            California are described by the federal Court of Appeal in the  
            following extended excerpt from Silveira v. Lockyer, 312 F.3d  
            1052 (9th Cir. 2002) (as amend. Jan. 27, 2003). 

            In response to a proliferation of shootings involving  
            semi-automatic weapons, the California Legislature passed the  
            Roberti-Roos Assault Weapons Control Act (AWCA) in 1989.  The  
            immediate cause of the AWCA's enactment was a random shooting  
            earlier that year at the Cleveland Elementary School in  
            Stockton, California.  An individual armed with an AK-47  
            semi-automatic weapon opened fire on the schoolyard, where 300  
            pupils were enjoying their morning recess.  Five children ages  
            six to nine were killed, and one teacher and 29 children were  
            wounded. 


            The California Assembly met soon thereafter in an  
            extraordinary session called for the purpose of enacting a  
            response to the Stockton shooting. The legislation that  
            followed, the AWCA, was the first legislative restriction on  
            assault weapons in the nation, and was the model for a similar  
            federal statute enacted in 1994.  The AWCA renders it a felony  
            offense to manufacture in California any of the semi-automatic  
            weapons specified in the statute, or to possess, sell,  
            transfer, or import into the state such weapons without a  
            permit.  The statute contains a grandfather clause that  
            permits the ownership of assault weapons by individuals who  








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            lawfully purchased them before the statute's enactment, so  
            long as the owners register the weapons with DOJ.  The  
            grandfather clause, however, imposes significant restrictions  
            on the use of weapons that are registered pursuant to its  
            provisions.  Approximately 40 models of firearms are listed in  
            the statute as subject to its restrictions.  The specified  
            weapons include "civilian" models of military weapons that  
            feature slightly less firepower than the military-issue  
            versions, such as the Uzi, an Israeli-made military rifle; the  
            AR-15, a semi-automatic version of the United States  
            military's standard-issue machine gun, the M-16; and the  
            AK-47, a Russian-designed and Chinese-produced military rifle.  
             The AWCA also includes a mechanism for the Attorney General  
            to seek a judicial declaration in certain California superior  
            courts that weapons identical to the listed firearms are also  
            subject to the statutory restrictions. 


            The AWCA includes a provision that codifies the legislative  
            findings and expresses the legislature's reasons for passing  
            the law:  "The Legislature hereby finds and declares that the  
            proliferation and use of assault weapons poses a threat to the  
            health, safety, and security of all citizens of this state.   
            The Legislature has restricted the assault weapons specified  
            in [the statute] based upon finding that each firearm has such  
            a high rate of fire and capacity for firepower that its  
            function as a legitimate sports or recreational firearm is  
            substantially outweighed by the danger that it can be used to  
            kill and injure human beings.  It is the intent of the  
            Legislature in enacting this chapter to place restrictions on  
            the use of assault weapons and to establish a registration and  
            permit procedure for their lawful sale and possession.  It is  
            not, however, the intent of the Legislature by this chapter to  
            place restrictions on the use of those weapons which are  
            primarily designed and intended for hunting, target practice,  
            or other legitimate sports or recreational activities."


            In 1999, the Legislature amended the AWCA in order to broaden  
            its coverage and to render it more flexible in response to  
            technological developments in the manufacture of semiautomatic  
            weapons.  The amended AWCA retains both the original list of  








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            models of restricted weapons, and the judicial declaration  
            procedure by which models may be added to the list.  The 1999  
            amendments to the AWCA statute add a third method of defining  
            the class of restricted weapons:  the amendments provide that  
            a weapon constitutes a restricted assault weapon if it  
            possesses certain generic characteristics listed in the  
            statute.  Examples of the types of weapons restricted by the  
            revised AWCA include a "semiautomatic, center-fire rifle that  
            has a fixed magazine with the capacity to accept more than 10  
            rounds," and a semiautomatic, centerfire rifle that has the  
            capacity to accept a detachable magazine and also features a  
            flash suppressor, a grenade launcher, or a flare launcher.   
            The amended AWCA also restricts assault weapons equipped with  
            "barrel shrouds," which protect the user's hands from the  
            intense heat created by the rapid firing of the weapon, as  
            well as semiautomatic weapons equipped with silencers. 


          3)Changes This Bill Makes to the AWCA:  As the Court explained,  
            in 1999 the assault weapons ban was amended to expand the  
            definition of an assault weapon to include a definition by the  
            generic characteristics, specifically, to include a  
            "semiautomatic, centerfire rifle that has the capacity to  
            accept a detachable magazine" in addition to one of several  
            specified characteristics, such as a grenade launcher or flash  
            suppressor.  [SB 23 (Perata) Statutes of 1999, Chapter 129,  
            Section 7 et seq.]  SB 23 was enacted in response to the  
            marketing of so-called "copycat" weapons - firearms that were  
            substantially similar to weapons on the prohibited list but  
            differed in some insignificant way, perhaps only the name of  
            the weapon, thereby defeating the intent of the ban. 

            SB 23's generic definition of an assault weapon was intended  
            to close the loophole in the law created by its definition of  
            assault weapons as only those specified by make and model.   
            Regulations promulgated after the enactment of SB 23 define a  
            detachable magazine as any ammunition feeding device that can  
            be removed readily from the firearm with neither disassembly  
            of the firearm action nor use of a tool being required.  A  
            bullet or ammunition cartridge is considered a tool.  In  
            response to this definition, a new feature has been developed  
            by firearms manufacturers to make military-style,  








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            high-powered, semi-automatic rifles "California compliant,"  
            the bullet button.


            In 2012, researchers at the nonprofit Violence Policy Center  
            in Washington, D.C. released a paper describing the phenomenon  
            of the bullet button and its effect on California's assault  
            weapons ban:


               The "Bullet Button"-Assault Weapon Manufacturers'  
               Gateway to the California Market


               Catalogs and websites from America's leading assault  
               rifle manufacturers are full of newly designed  
               "California compliant" assault weapons. Number one and  
               two assault weapon manufacturers Bushmaster and DPMS,  
               joined by ArmaLite, Colt, Sig Sauer, Smith & Wesson,  
               and others are all introducing new rifles designed to  
               circumvent California's assault weapons ban and are  
               actively targeting the state in an effort to lift  
               now-sagging sales of this class of weapon. They are  
               accomplishing this with the addition of a minor design  
               change to their military-style weapons made possible  
               by a definitional loophole: the "bullet button."  
               [Please see the Appendix beginning on page six for  
               2012 catalog copy featuring "California compliant"  
               assault rifles utilizing a "bullet button" from  
               leading assault weapon manufacturers.]


               California law bans semiautomatic rifles with the  
               capacity to accept a detachable ammunition magazine  
               and any one of six enumerated additional assault  
               weapon characteristics (e.g., folding stock, flash  
               suppressor, pistol grip, or other military-style  
               features). 


               High-capacity detachable ammunition magazines allow  
               shooters to expel large amounts of ammunition quickly  








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               and have no sporting purpose.  However, in California  
               an ammunition magazine is not viewed as detachable if  
               a "tool" is required to remove it from the weapon. The  
               "bullet button" is a release button for the ammunition  
               magazine that can be activated with the tip of a  
               bullet. With the tip of the bullet replacing the use  
               of a finger in activating the release, the button can  
               be pushed and the detachable ammunition magazine  
               removed and replaced in seconds. Compared to the  
               release process for a standard detachable ammunition  
               magazine it is a distinction without a difference.   
               (Bullet Buttons, The Gun Industry's Attack on  
               California's Assault Weapons Ban, Violence Policy  
               Center, Washington D.C., May 2012. )


            One approach to this issue, taken by SB 249 (Yee) in 2012 and  
            SB 47 (Yee) of 2014, as well as AB 1664 (Levine) of this  
            session, amends the statute to replace the language regarding  
            detachable magazines to instead prohibit "a semiautomatic,  
            centerfire rifle that does not have a fixed magazine but has  
            any one of the existing six prohibited characteristics."  AB  
            1664 also defines a "detachable magazine" as "an ammunition  
            feeding device that can be removed readily from the firearm  
            without disassembly of the firearm action, including an  
            ammunition feeding device that can be removed readily from the  
            firearm with the use of a tool."  In other words, a  
            semiautomatic rifle could have a detachable magazine, as long  
            as that rifle did not also have any of the six prohibited  
            features or that rifle could have the prohibited features as  
            long as it had a fixed magazine.


            This bill would take a different approach.  This bill would do  
            away with the six prohibited features in current law.  The  
            rationale for this is that a rifle outfitted with the features  
            that make a gun look like a military-style weapon, e.g.,  
            pistol grip, flash suppressor, collapsible stock, etcetera,  
            may be more dangerous than one that lacks these features, but  
            these features may not pose the greatest public safety  
            concern.  Conversely, the lack of these features does not make  
            a rifle less lethal than one that has them.  








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            Proponents argue the feature that makes one semi-automatic  
            rifle capable of killing or wounding more people in a shorter  
            amount of time than another is the capacity to rapidly reload  
            large amounts of ammunition.  For example, proponents note  
            that, in 2011, a man opened fire on teenagers at a summer  
            youth camp in Norway, killing 69 and wounding another 110,  
            using a high-powered, semi-automatic rifle, the .223 caliber  
            Ruger Mini-14.  That rifle had none of the features listed in  
            California's definition of an assault weapon and it is a  
            perfectly legal weapon in California; supporters of this bill  
            submit that what made that weapon such an effective tool of  
            mass murder is the fact that the killer was able to rapidly  
            reload one magazine after another of ammunition.  

            Under this bill, even a "featureless" semiautomatic rifle,  
            like the Mini-14, would be required to have a fixed magazine,  
            holding no more than 10 rounds of ammunition.
          4)Constitutionality:  The Constitutionality of California's  
            assault weapons ban has been upheld by both the California  
            Supreme Court [Kasler v. Lockyer, 23 Cal. 4th 472 (2000)] and  
            the federal Court of Appeal.  [Silveira v. Lockyer, 312 F.3d  
            1052 (9th Cir. 2002) (as amend. Jan. 27, 2003).]  While the  
            California Supreme Court rejected allegations that the law  
            violated equal protection guarantees, the separation of  
            powers, and failed to provide adequate notice of what was  
            prohibited under the law, the Ninth Circuit Court of Appeal  
            decision in Silveira was based largely on its interpretation  
                                                                       of the Second Amendment right to keep and bear arms.  The  
            Second Amendment of the Constitution states, "A well regulated  
            Militia, being necessary to the security of a free State, the  
            right of the people to keep and bear Arms, shall not be  
            infringed."  (United States Const. Amend. 2.)  The Silveira  
            Court based its ruling on the widely held interpretation of  
            the Second Amendment known as the "collective rights" view,  
            that the right secured by the Second Amendment relates to  
            firearm ownership only in the context of a "well regulated  
            militia."  [Silveira v. Lockyer, 312 F.3d 1052, 1086 (9th Cir.  
            Cal. 2002).]









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            The Silveira Court's interpretation of the meaning of the  
            Second Amendment has since been squarely rejected by the U.S.  
            Supreme Court in District of Columbia v. Heller, 554 U.S. 570  
            (2008) and McDonald v. City of Chicago, 130 S. Ct. 3020  
            (2010).  Whether the Heller and McDonald cases mean that  
            California's assault weapons ban violates the Second Amendment  
            and is, therefore, unconstitutional is a different matter. 


            In Heller, the Supreme Court rejected the "collective rights"  
            view of the Second Amendment and, instead, endorsed the  
            "individual rights" interpretation, that the Second Amendment  
            protects the right of each citizen to firearm ownership.   
            After adopting this reading of the Second Amendment, the  
            Supreme Court held that federal law may not prevent citizens  
            from owning a handgun in their home.  (District of Columbia v.  
            Heller, 554 U.S. 570, 683-684.)  In the McDonald case, the  
            Supreme Court extended this ruling to apply to laws passed by  
            the 50 states. (McDonald v. City of Chicago, 130 S. Ct. 3020,  
            3050.)





            In deciding that the Second Amendment guaranteed the right to  
            own a handgun in the home for self-defense, the Supreme Court  
            stated that this ruling has its limitations:


            "Like most rights, the right secured by the Second Amendment  
            is not unlimited.  From Blackstone through the 19th-century  
            cases, commentators and courts routinely explained that the  
            right was not a right to keep and carry any weapon whatsoever  
            in any manner whatsoever and for whatever purpose.  For  
            example, the majority of the 19th-century courts to consider  
            the question held that prohibitions on carrying concealed  
            weapons were lawful under the Second Amendment or state  
            analogues.  Although we do not undertake an exhaustive  
            historical analysis today of the full scope of the Second  
            Amendment, nothing in our opinion should be taken to cast  
            doubt on longstanding prohibitions on the possession of  








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            firearms by felons and the mentally ill, or laws forbidding  
            the carrying of firearms in sensitive places such as schools  
            and government buildings, or laws imposing conditions and  
            qualifications on the commercial sale of arms."


          5)Governor's Veto Message of 2013's SB 374 (Steinberg):   
            Governor Brown vetoed very similar legislation in 2013 with  
            the following veto message:  
            
            "I am returning Senate Bill 374 without my signature. 

            "The State of California already has some of the strictest gun  
            laws in the country, including bans on military-style assault  
            rifles and high-capacity ammunition magazines. 

            "While the author's intent is to strengthen these  
            restrictions, this bill goes much farther by banning any  
            semi-automatic rifle with a detachable magazine. This ban  
            covers low-capacity rifles that are commonly used for hunting,  
            firearms training, and marksmanship practice, as well as some  
            historical and collectible firearms. Moreover, hundreds of  
            thousands of current gun owners would have to register their  
            rifles as assault weapons and would be banned from selling or  
            transferring them in the future. 

            "Today I signed a number of bills that strengthen California's  
            gun laws, including AB 48, which closes a loophole in the  
            existing ban on dangerous high-capacity magazines. I also  
            signed AB 1131 and SB 127, which restrict the ability of  
            mentally unstable people to purchase or possess guns.

            "I don't believe that this bill's blanket ban on  
            semi-automatic rifles would reduce criminal activity or  
            enhance public safety enough to warrant this infringement on  
            gun owners' rights."    
            
          6)Argument in Support:  According to the California Chapters of  
            the Brady Campaign, "The California Legislature has struggled  
            with an assault weapons ban since the Stockton school yard  
            shootings in 1989.  The Roberti-Roos Act was passed that year,  
            but minor changes to the named assault weapons allowed the  








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            firearm industry to easily evade the intent of the law. The  
            assault weapon law was expanded in 1991 and again in 1999,  
            when the Legislature updated the law by banning weapons with  
            detachable magazines and one or more military-style features.   
            However, once again the industry has been able to exploit a  
            loophole in the regulations that allows for the continued sale  
            and possession of fully functional assault weapons.  Assembly  
            Bill 1663 seeks to definitively close the loopholes in a  
            manner that will prevent the firearm industry from continuing  
            to market these lethal military-style weapons in California.

            "Specifically, AB 1663 will prohibit the future sale or  
            transfer in California of specified semi-automatic rifles that  
            can accept detachable magazines, including those with  
            "bullet-button" or other features that allow the rapid reload  
            of the weapon.   The bill will amend the current definition of  
            illegal "assault weapon" to include a semiautomatic centerfire  
            rifle that does not have a fixed magazine with the capacity to  
            accept no more than ten rounds.  

            "Mass shootings perpetrated by unbalanced individuals using  
            assault weapons are reported all too often in the news.  As  
            was tragically demonstrated at Sandy Hook School and in the  
            recent San Bernardino shooting, the ability to rapidly reload  
            adds enormously to the carnage.  An exchangeable magazine can  
            be reloaded in one second and is the key feature that enables  
            the rapid rate of continuous fire that can kill many people  
            very quickly.  Requiring a fixed magazine on future sales or  
            transfers of long guns would, over time, decrease the  
            lethality in future mass shootings.

            "California has tried to ban assault weapons for over  
            twenty-five years and gun manufacturers will undoubtedly  
            continue to look for ways to exploit or evade the intent of  
            the law.  AB 1663 will finally control this situation with a  
            clear, simplified, and strengthened assault weapons law.   
            Current owners of semiautomatic centerfire rifles with  
            detachable magazines will be able to keep their weapons and  
            law abiding hunters and sport shooters will be minimally  
            impacted.  

            "Assembly Bill 1663 requires any person who lawfully acquired  








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            an assault weapon as defined in the bill between January 1,  
            2001 and December 31, 2016 and still possesses the firearm to  
            register the weapon by July 1, 2018 with the California  
            Department of Justice.  These records will significantly  
            increase the data in the Armed Prohibited Persons System  
            (APPS) program and enhance public safety.  Additionally, the  
            records will assist law enforcement efforts to trace firearms  
            and solve gun crime.  In 2009, of the over 22,000 guns that  
            were used in crime and recovered, the Department reports that  
            31 percent were long guns.  Furthermore, the Department has  
            found that half the illegal firearms recovered from prohibited  
            person in the APPS program are long guns, many of which would  
            be considered assault weapons.

            "Rifles with detachable magazines present an unacceptable risk  
            of a high body count in any shooting incident.  Prohibiting  
            future sale and transfer of these rifles and capturing  
            ownership records is clearly in the interest of public safety  
            and would not impact the ability to defend oneself or to go  
            hunting.  Thank you again for carrying this measure." 

          7)Argument in Opposition:  According to the Firearms Policy  
            Coalition, "AB 1663 seeks to vastly expand the Assault Weapons  
            Control Act, regulations that ban (by several methods,  
            including make and model, unction, cosmetic features, and  
            caliber) popular, constitutionally-protected firearms that are  
            in common use for lawful purposes across the United States.  
            
            "AB 1663 would move the goal posts yet again for the millions  
            of law abiding residents and visitors who have quite  
            reasonably, given the volume struggled for years to keep up  
            with the frenetic pace of California's ever-increasing firearm  
            regulations?

            "And, while we fully acknowledge that protecting  
            constitutional rights has never been the Legislature's primary  
            concern (at least when it is concerned with rights it does not  
            like), we would be remiss if we did not note that, should AB  
            1663 be passed and approved by the governor, it will  
            undoubtedly be challenged on Second and Fifth Amendment  
            grounds."









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          8)Related Legislation:  SB 1664 (Levine), would redefine what  
            constitutes an assault weapon in order to close the bullet  
            button loophole.  SB 1664 would also require registration of  
            weapons which now fall under the new definition but which  
            previously were not prohibited.  SB 1664 is scheduled for  
            hearing in Assembly Public Safety today.  

          9)Prior Legislation:  

             a)   SB 47 (Yee), of the 2013-2014 Legislative Session, would  
               have closed the bullet button loophole by redefining an  
               assault weapon in statute as 'a semiautomatic, centerfire  
               rifle that does not have a fixed magazine' and has any one  
               of several specified features.  SB 47 was held on the  
               Assembly Appropriations Committee suspense file.

             b)   SB 374 (Steinberg), of the  
               2013-2014LlegislativeSsession, would have closed the bullet  
               button loophole by redefining an assault weapon as it  
               pertains to rifles and defines "detachable magazines" and  
               "fixed magazines."  Specifies that rifles which are not  
               assault weapons have fixed magazines.  SB 347 was vetoed by  
               the Governor.

             c)   SB 249 (Yee), of the 2011-12 Legislative Session, would  
               have prohibited any person from importing, making, selling,  
               loaning, transferring or possessing any conversion kit  
               designed to convert certain firearms with a fixed magazine  
               into firearms with a detachable magazine.  SB 249 was held  
               in the Assembly Appropriations Committee suspense file.


          REGISTERED SUPPORT / OPPOSITION:

          Support

          California Attorney General (Sponsor) 
          California Chapters of the Brady Campaign
          California Lieutenant Governor Gavin Newsom 
          Coalition Against Gun Violence 
          Law Center to Prevent Gun Violence 
          Physicians for Social Responsibility 








                                                                    AB 1663


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          United States Senator Dianne Feinstein 
          Youth Alive 

          Opposition

          California Sportsman's Lobby 
          California State Sheriffs' Association 
          Crossroads of the West 
          Firearms Policy Coalition 
          National Rifle Association 
          National Shooting Sports Foundation 
          Outdoor Sportsmen's Coalition of California 
          Safari Club International 

          2 private individuals 
          
          Analysis Prepared  
          by:              Gabriel Caswell / PUB. S. / (916) 319-3744