BILL ANALYSIS Ó AB 1664 Page 1 Date of Hearing: April 13, 2016 ASSEMBLY COMMITTEE ON APPROPRIATIONS Lorena Gonzalez, Chair AB 1664 (Levine) - As Introduced January 14, 2016 ----------------------------------------------------------------- |Policy |Public Safety |Vote:|5 - 2 | |Committee: | | | | | | | | | | | | | | |-------------+-------------------------------+-----+-------------| | | | | | | | | | | | | | | | ----------------------------------------------------------------- Urgency: No State Mandated Local Program: YesReimbursable: No SUMMARY: This bill redefines what constitutes an assault weapon, by defining detachable magazine, and requires registration of weapons (previously not prohibited) which now fall under the new definition. Specifically, this bill: 1)Defines a "detachable magazine" as "an ammunition feeding device that can be removed readily from the firearm without AB 1664 Page 2 disassembly of the firearm action, including an ammunition feeding device that can be removed readily from the firearm with the use of a tool." 2)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 do apply if specific conditions are met. Also, all other existing prohibitions on possession, sale or manufacture of assault weapons apply to firearms redefined as assault weapons under this bill. 3)Requires the Department of Justice (DOJ) to adopt regulations, by July 1, 2018, to provide for the registration of those firearms affected by this bill that were lawfully possessed between January 1, 2001 and December 31, 2016, and requires registrations be submitted electronically via the Internet utilizing a public-facing application made available by the DOJ. FISCAL EFFECT: 1)Significant cost to DOJ (Dealers' Record of Sale Account), $1 million in 2016-17, $1.5 million in 2017-18, and $700,000 annually thereafter. DOJ estimates one million additional assault weapons will be registered to 250,000 different owners. These costs include additional staff, one time cost to adoption of regulations, and one-time information technology development to implement a public-facing application that allows the public to register firearms classified as assault weapons. AB 1664 allows DOJ to charge a fee to cover reasonable processing costs of DOJ. 2)The use of a "new" assault weapon by an individual in the commission of a crime may result in additional time served in state prison or county jail. Also, failure to register an assault weapon is a misdemeanor. These additional costs may AB 1664 Page 3 be moderate, however, difficult to quantify: a) According to the California Department of Corrections (CDCR), the contracted out-of-state bed rate is $29,000. If two individuals serve four additional years in state prison, the first year cost would be $58,000, $116,000 the second, $174,000 the third, and $232,000 every year thereafter. b) Local costs for incarceration are nonreimbursable, but are offset to a degree by fine revenue. COMMENTS: 1)Background. 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. 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. Current law defines an "assault weapon" as one of certain specified rifles and pistols, including some that have the capacity to accept a detachable magazine. Through regulations, current law defines a "detachable magazine" as any ammunition feeding device that can be removed readily from AB 1664 Page 4 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. Current law also provides that unlawful possession of an assault weapon is an alternate felony-misdemeanor and it is punished by imprisonment in a county jail for a period not exceeding one year, or by imprisonment for 16 months, two or three years. However, 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. Furthermore, under current law, 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. 2)Purpose. According to the author, AB 1664 closes the bullet button loophole that permits the sale of military-style assault rifles in California. High capacity magazines High-capacity detachable ammunition magazines allow shooters to expel large amounts of ammunition quickly. 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. By codifying the definition a detachable magazine, this bill 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. AB 1664 Page 5 Effectively, AB 1664 prohibits the future sale, purchase, manufacture, importation, or transfer in California of semi-automatic rifles that can accept detachable magazines. The use of an assault weapon in the commission of a crime carries additional punishments, and in some cases the sentence is served in state prison instead of county jail. By expanding the universe of assault weapons, this bill will result in additional commitments to county jails and state prison. 3)Support. According to the Law Center to Prevent Gun Violence, "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.' "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." 4)Opposition: The California Sportsman's Lobby states, "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, and according to the National Rifle Association, "AB 1664 would subject the state to unnecessary litigation. 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. " 5)Related Legislation: SB 1663 Chiu takes a different approach, AB 1664 Page 6 it amends the definition of an assault weapon as it pertains to rifles and defines "detachable magazines" and "fixed magazines." It also requires a registration program, but caps the fee at $15. SB 1663 is also scheduled for hearing in today. 6)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 this Committee's 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 fixed magazines. SB 347 was vetoed by the Governor. In his veto message, the Governor stated, in part: "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. 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. 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." AB 1664 Page 7 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 on this Committee's Suspense file. Analysis Prepared by:Pedro Reyes / APPR. / (916) 319-2081