BILL ANALYSIS Ó
AB 1664
Page 1
(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 Hernández, | |
| | |Holden, Quirk, | |
AB 1664
Page 2
| | |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
AB 1664
Page 3
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
AB 1664
Page 4
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
AB 1664
Page 5
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
AB 1664
Page 6
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
AB 1664
Page 7