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
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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
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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
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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
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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.
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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,
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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."
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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