BILL ANALYSIS                                                                                                                                                                                                    ”



                                                                    AB 1664


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          (Without Reference to File)





          ASSEMBLY THIRD READING


          AB  
          1664 (Levine, et al.)


          As Amended  May 31, 2016


          Majority vote


           ------------------------------------------------------------------ 
          |Committee       |Votes|Ayes                  |Noes                |
          |                |     |                      |                    |
          |                |     |                      |                    |
          |                |     |                      |                    |
          |----------------+-----+----------------------+--------------------|
          |Public Safety   |5-2  |Quirk, Jones-Sawyer,  |Melendez, Lackey    |
          |                |     |Lopez, Low, Santiago  |                    |
          |                |     |                      |                    |
          |----------------+-----+----------------------+--------------------|
          |Appropriations  |13-6 |Gonzalez, Bloom,      |Bigelow, Chang,     |
          |                |     |Bonilla, Bonta,       |Gallagher, Jones,   |
          |                |     |Calderon, Daly,       |Obernolte, Wagner   |
          |                |     |                      |                    |
          |                |     |                      |                    |
          |                |     |Eduardo Garcia,       |                    |
          |                |     |                      |                    |
          |                |     |                      |                    |
          |                |     |Roger HernŠndez,      |                    |
          |                |     |Holden, Quirk,        |                    |








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          |                |     |Santiago, Weber, Wood |                    |
          |                |     |                      |                    |
          |                |     |                      |                    |
           ------------------------------------------------------------------ 


          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  
               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  








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            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  
            California.  
          2)States legislative intent to place restrictions on the use of  
            assault weapons and .50 BMG rifles and to establish a  








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            registration and permit procedure for their lawful sale and  
            possession.  


          3)Prohibits several categories of assault weapons:


             a)   Specified firearms listed by name and others listed by  
               series; 
             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.  


          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  








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            belted or linked ammunition, but does not include clips, en  
            bloc clips, or stripper clips that load cartridges into the  
            magazine.  
          5)Bans the manufacture, distribution, transportation,  
            importation, sale, gift or loan of an assault weapon.  


          6)Makes the possession of an assault weapon a criminal offense,  
            subject to certain exceptions.  


          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."  


          8)Bans the manufacture, distribution, transportation,  
            importation, sale, gift, loan, or possession of .50 BMG  
            rifles.  


          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.  


          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.  


          FISCAL EFFECT:  According to the Assembly Appropriations  
          Committee:


          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  








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            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  
            be moderate, however, difficult to quantify:      


          3)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. 


          4)Local costs for incarceration are nonreimbursable, but are  
            offset to a degree by fine revenue.


          COMMENTS:  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."




          Analysis Prepared by:                                             
                          Sandy Uribe/ PUB. S. / (916) 319-3744  FN:  
          0003142








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