BILL ANALYSIS Ó AB 1664 Page 1 Date of Hearing: March 1, 2016 Counsel: Sandra Uribe ASSEMBLY COMMITTEE ON PUBLIC SAFETY Bill Quirk, Chair AB 1664 (Levine) - As Introduced January 14, 2016 SUMMARY: Redefines what constitutes an assault weapon in order to close the bullet button loophole. Also requires registration of weapons (which were previously not prohibited) which now fall under the new definition. Specifically, this bill: 1)States legislative intent to effectuate the Roberti-Roos Assault Weapons Control Act of 1989 and to close the bullet button loophole by redefining "detachable magazine." 2)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." 3)Provides that, notwithstanding the new definition of assault weapon contained in this bill, the penalties for the possession of an assault weapon under this provision shall not apply to any person who initially possessed such a weapon before January 1, 2017, and until July 1, 2018, if both of the following are applicable: a) During the person's possession, he or she was eligible AB 1664 Page 2 to register that assault weapon, as specified; and, b) The person lawfully possessed that assault weapon before January 1, 2017. 4)Provides that any person who, from January 1, 2001, to December 31, 2016, inclusive, lawfully possessed an assault weapon that does not have a fixed magazine, as specified, including those weapons with an ammunition feeding device that can be removed readily from the firearm with the use of a tool, shall register the firearm with the Department of Justice (DOJ) before July 1, 2018, pursuant to DOJ-established procedures. 5)Requires registrations be submitted electronically via the Internet utilizing a public-facing application made available by the DOJ. 6)Mandates that the registration contain a description of the firearm which identifies it uniquely, including: all identification marks; the date the firearm was acquired; the name and address of the individual from whom, or business from which, the firearm was acquired; and the registrant's full name, address, telephone number, date of birth, sex, height, weight, eye color, hair color, and California driver's license number or California identification card number. 7)Allows the DOJ to charge a registration fee, not to exceed the reasonable processing costs, payable by debit or credit card at the time of submission of the electronic registration. The fee shall be deposited in the Dealers' Record of Sale Special Account. 8)Requires the DOJ to establish registration procedures and exempts these procedures from the Administrative Procedure Act. 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 AB 1664 Page 3 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)Prohibits several categories of assault weapons: a) Specified firearms listed by name and others listed by series (Pen. Code, § 30510); b) Semiautomatic centerfire rifles or semiautomatic pistols having the capacity to accept a detachable magazine and also having one of several specified characteristics; c) Semiautomatic centerfire rifles or semiautomatic pistols with a fixed magazine having the capacity to hold more than 10 rounds; d) Semiautomatic centerfire rifles with an overall length of less than 30 inches; e) Semiautomatic shotguns having two specified characteristics; f) Semiautomatic shotguns having the capacity to accept a detachable magazine; and, g) Any shotgun with a revolving cylinder. (Pen. Code, § 30515.) 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 Cal. Code Regs. Section 5469.) 5)Bans the manufacture, distribution, transportation, AB 1664 Page 4 importation, sale, gift or loan of an assault weapon. (Pen. Code, § 30600, subd. (a).) 6)Makes the possession of an assault weapon a criminal offense, subject to certain exceptions. (Pen. Code, § 30605.) 7)Defines a ".50 BMG rifle" as "a center fire rifle that can fire a .50 BMG cartridge and is not already an assault weapon or a machinegun." (Pen. Code, § 30530.) 8)Bans the manufacture, distribution, transportation, importation, sale, gift, loan, or possession of .50 BMG rifles. (Pen. Code §§ 30600 & 30610.) 9)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.) 10)Requires that any person who lawfully possesses an assault weapon prior to the date it was specified as an assault weapon to register the firearm with DOJ, as specified. (Pen. Code, § 30900 et. seq.) FISCAL EFFECT: Unknown COMMENTS: 1)Author's Statement: According to the author, "Killing machines have no place on our streets and gun violence must not be tolerated. This legislation closes a loophole in law that allows military-style assault rifles to be sold legally in California. We raise our children in communities, not war zones." 2)Bullet Button: California law bans semiautomatic rifles with the capacity to accept a detachable ammunition magazine and which also have any one of six enumerated weapon characteristics (e.g., folding stock, flash suppressor, pistol grip, or other military-style features). The term 'detachable magazine' is not defined in statute. In response, firearm manufacturers have developed a new feature to make AB 1664 Page 5 military-style weapons compliant in California, the bullet button. The bullet button is a "device allows gun owners to pop out their magazines quickly by inserting the tip of a bullet or some other small tool into a button on the side of their weapons. Since the magazine requires a tool to release it -- and cannot be released by hand -- it is not considered 'detachable' under California law." (< http://www.nytimes.com/2012/12/ 20/us/lessons-in-politics-and-fine-print-in-assault-weapons-ban-o f-90s.html?pagewanted= all&_r=1& >.) This bill amends the statute defining assault weapons by defining 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 with the use of a tool." The purpose of this change is to clarify that equipping a weapon with a bullet button magazine release does not take that weapon outside of the definition of an assault weapon. 3)Governor's Veto Message: In 2013, the Legislature passed SB 374 (Steinberg) which attempted to close the bullet button loophole by redefining an assault weapon. SB 374 required a fixed magazine, but eliminated the six prohibited features from the definition in current law. However, SB 374 was vetoed by the Governor. In his veto message, the Governor said, "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 AB 1664 Page 6 assault weapons and would be banned from selling or transferring them in the future." 4)Second Amendment: The Second Amendment to the federal Constitution provides, "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." In District of Columbia v. Heller (2008) 554 U.S. 570, the United States Supreme Court held that the Second Amendment protects an individual's right to possess and carry weapons in case of confrontation. The Court struck down a law banning possession of handguns in the home. Subsequently, in McDonald v. City of Chicago (2010) 561 U.S. 742, the Court held that Second Amendment rights are applicable to the states. The majority found the individual right to bear arms, particularly for self-defense was fundamental. However, the Second Amendment does not afford an unlimited right to own a weapon. As the Court explained in Heller, the right "to keep and carry arms" is limited to weapons "in common use." (Heller, supra, 554 U.S. at p. 627.) At least one court has held that Heller does not invalidate the statute prohibiting the possession of assault rifles. (See People v. James (2009) 174 Cal.App.4th 662, 676.) Moreover, in Heller, the United States Supreme Court did not strike down neutral licensing and registration as a condition of possession and the Court also enumerated examples of presumptively valid government regulation of firearms. 5)Registration Provisions: This bill would not prohibit the possession of any firearm that is currently legally owned. This bill would require that the owner of a firearm that is currently not considered an assault weapon, but which would be deemed such under the new definition, to register the firearm with the DOJ before July 1, 2018. In this manner, this bill would avoid takings issues because the owner of a weapon which had been legally acquired does not have to relinquish it. 6)Argument in Support: According to the Law Center to Prevent Gun Violence, "The ability to accept a detachable magazine allows a shooter to quickly reload an assault weapon to AB 1664 Page 7 continue firing and killing without interruption. "California's assault weapons ban does not define the term 'detachable magazine,' however. Perplexingly, current DOJ regulations define 'detachable magazine' in a manner that runs counter to both the spirit and the letter of the state's assault weapons ban. Under these regulations' definition, a weapon is not considered to have a detachable magazine, and is therefore not a prohibited assault weapon, if a 'tool' is used to release the firearm's magazine instead of a shooter's finger alone. The regulations specifically state that 'a bullet or an ammunition feeding device is considered a tool.' "The gun industry has exploited this bizarre and dangerous loophole in recent years by marketing 'California compliant' assault weapons that are equipped with a 'bullet button.' These weapons are the functional equivalents of illegal assault weapons in every respect, except that the shooter uses a bullet, instead of his or her finger, to depress the button that releases the weapon's magazine?. "AB 1664 would further the letter and the spirit of California's assault weapons law by adding a statutory definition of 'detachable magazine' to clarify that the bullet button weapons are illegal assault weapons." 7)Arguments in Opposition: a) The California Sportsman's Lobby states, "By defining, for purpose of the definition of an assault weapon, a detachable magazine to be a magazine (ammunition feeding device) that can be removed without disassembly of a firearm's action, including a magazine that can be removed readily from a firearm with the use of a too (such as a bullet button magazine), this bill would further expand the definition of an assault weapon and would thus ban the future sale of many modern sporting rifles commonly used for hunting, firearms training, including hunter safety training, and marksmanship practice. "There is no justifiable reason to ban them. AB 1664 Page 8 "A ban on future sales of these popular sporting rifles by defining them to be assault weapons would only serve to deny California sportsmen quality rifles. "The focus of the Legislature should not be on firearms, but on the people who actually do commit crimes involving the use or possession of firearms such as criminals, the mentally ill, and users of mind altering drugs and other substances." b) According to the National Rifle Association, "AB 1664 would subject the state to unnecessary litigation. In District of Columbia v. Heller, 128 S.Ct. 2783 (2008), the Supreme Court explained in detail that the Second Amendment prohibits government from banning the possession of arms 'typically possessed by law-abiding citizens for lawful purposes' or 'those in common use.' Id. at 624-25. By banning what amounts to millions of the most common hunting and sporting rifles, AB 1663 (sic) clearly conflicts with this direct guidance from the Supreme Court and is thus plainly unconstitutional. " 8)Related Legislation: AB 1663 (Chiu) takes a different approach to closing the bullet button loophole. AB 1663 will be heard by this committee 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 2013-2014 Legislative Session, 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 AB 1664 Page 9 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 Brady Campaign to Prevent Gun Violence - California Chapters Cleveland School Remembers Coalition Against Gun Violence Law Center to Prevent Gun Violence Opposition California Sportsman's Lobby California State Sheriffs' Association Crossroads of the West Gun Shows Firearms Policy Coalition National Rifle Association of America National Shooting Sports Foundation Outdoor Sportsmen's Coalition of California Safari Club International Two private individuals Analysis Prepared by: Sandy Uribe / PUB. S. / (916) 319-3744 AB 1664 Page 10