BILL ANALYSIS Ó ----------------------------------------------------------------- |SENATE RULES COMMITTEE | AB 1664| |Office of Senate Floor Analyses | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ----------------------------------------------------------------- THIRD READING Bill No: AB 1664 Author: Levine (D), Ting (D) and Chiu (D), et al. Amended: 6/22/16 in Senate Vote: 21 SENATE PUBLIC SAFETY COMMITTEE: 5-2, 6/14/16 AYES: Hancock, Glazer, Leno, Liu, Monning NOES: Anderson, Stone SENATE APPROPRIATIONS COMMITTEE: 5-2, 6/20/16 AYES: Lara, Beall, Hill, McGuire, Mendoza NOES: Bates, Nielsen ASSEMBLY FLOOR: 43-31, 6/1/16 - See last page for vote SUBJECT: Firearms: assault weapons SOURCE: Author DIGEST: This bill (1) amends the definition of assault weapon to refer to a firearm that has one of several specified military-style features and does not have a "fixed magazine" rather than a firearm that has one of those features and "has the capacity to accept a detachable magazine;" (2) defines "fixed magazine" as "an ammunition feeding device contained in, or permanently attached to, a firearm in such a manner that the device cannot be removed without disassembly of the firearm action;" (3) provides that any person who was eligible to register an assault weapon and lawfully possessed such a weapon prior to January 1, 2017, would be exempt from penalties, if the person registers the weapon by January 1, 2018; (4) requires that any person who from January 1, 2001, to December 31, 2016, AB 1664 Page 2 lawfully possessed an assault weapon that does not have a fixed magazine, as defined, register the firearm before January 1, 2018, with the Department of Justice (DOJ), as specified; (5) provides that this registration be submitted online, as specified; (6) authorizes DOJ to charge a fee of up to $15 per person but not to exceed the reasonable processing costs of the DOJ for this registration; and (7) requires DOJ to establish procedures for the purpose of carrying out this registration requirement and to specify that these procedures shall be exempt from the Administrative Procedure Act. ANALYSIS: 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. (Penal 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. (Penal Code § 30505.) 3)Defines "assault weapon" as one of certain specified rifles and pistols (Penal Code § 30510) or as: a) A semiautomatic, centerfire rifle that has the capacity to accept a detachable magazine and has at least one of the following: a pistol grip that protrudes conspicuously beneath the action of the weapon; a thumbhole stock; a vertical handgrip; a folding or telescoping stock; a grenade launcher or flare launcher; a flash suppressor; or, a forward handgrip. b) A semiautomatic, centerfire rifle that has a fixed magazine with the capacity to accept more than 10 rounds; c) A semiautomatic, centerfire rifle that has an overall length of less than 30 inches; d) A semiautomatic pistol that has the capacity to accept a detachable magazine and has at least one of the following: a threaded barrel, capable of accepting a flash suppressor, AB 1664 Page 3 forward handgrip, or silencer; a second handgrip; a shroud that is attached to, or partially or completely encircles, the barrel that allows the bearer to fire the weapon without burning his or her hand, excepting a slide that encloses the barrel; or, the capacity to accept a detachable magazine at some location outside of the pistol grip; e) A semiautomatic pistol with a fixed magazine that has the capacity to accept more than 10 rounds; f) A semiautomatic shotgun that has both of the following: a folding or telescoping stock; and a pistol grip that protrudes conspicuously beneath the action of the weapon, thumbhole stock, or vertical handgrip; g) A semiautomatic shotgun that has the ability to accept a detachable magazine; and h) Any shotgun that has a revolving cylinder. (Penal 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 of Regs. § 5469.) 5)Provides that unlawful possession of an assault weapon is an alternate felony-misdemeanor and shall be punished by imprisonment in a county jail for a period not exceeding one year, or by imprisonment pursuant to subdivision (h) of Section 1170 (16 months, two or three years). Notwithstanding the above, 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. (Penal Code § 30605.) 6)Provides that 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. (Penal Code § 30600.) AB 1664 Page 4 7)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. (Penal Code § 30625.) 8)Requires that any person who lawfully possesses an assault weapon, as specified, must register the firearm with DOJ, as specified. (Penal Code § 30900 et. seq.) This bill: 1)Amends the definition of assault weapon to refer to a firearm that has one of several specified features and does not have a "fixed magazine" rather than a firearm with one of those features and the "capacity to accept a detachable magazine." 2)Defines "fixed magazine" as "an ammunition feeding device contained in, or permanently attached to, a firearm in such a manner that the device cannot be removed without disassembly of the firearm action." 3)Provides that, notwithstanding the new definition of assault weapon contained in this bill, any person who possessed an assault weapon prior to January 1, 2017, is exempt from punishment pursuant to Section 30605, if all of the following are applicable: a) Prior to January 1, 2017, the person was eligible to register that assault weapon pursuant to subdivision (c) of Section 30900; b) The person lawfully possessed that assault weapon on January 1, 2017; and c) The person registers the assault weapon by January 1, 2018, a specified. 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 defined in Section 30515, 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 before January 1, 2018, with the DOJ pursuant to those procedures that the DOJ may establish. AB 1664 Page 5 a) Registrations shall be submitted electronically via the Internet utilizing a public-facing application made available by the DOJ. b) The registration shall contain a description of the firearm that 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, as well as 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. c) The DOJ may charge a fee of up to fifteen dollars ($15) per person but not to exceed the reasonable processing costs of the DOJ. The fee shall be paid by debit or credit card at the time that the electronic registration is submitted to the DOJ. The fee shall be deposited in the Dealers' Record of Sale Special Account. d) The DOJ shall establish procedures for the purpose of carrying out this subdivision. These procedures shall be exempt from the Administrative Procedure Act. Background As the Court of Appeal explained, in 1999, the Assault Weapons ban was amended to expand the definition of an assault weapon to include a definition by the generic characteristics, specifically, to include a "semiautomatic, centerfire rifle that has the capacity to accept a detachable magazine" in addition to one of several specified characteristics, such as a grenade launcher or flash suppressor. (SB 23, Perata, Chapter 129, Statutes of 1999, § 7 et seq.) SB 23's generic definition of an assault weapon was intended to close the loophole in the law created by its definition of assault weapons as only those specified by make and model. Regulations promulgated after the enactment of SB 23 define 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." (11 CFR § 5469(a).) In response to this definition, a new feature has been developed by firearms manufacturers to make semi-automatic rifles "California compliant," the bullet button. AB 1664 Page 6 This bill amends the definition of assault weapon to a firearm that has one of several specified features and does not have a "fixed magazine," rather than a firearm that has one of those features and "has the capacity to accept a detachable magazine." It also defines, "fixed magazine" as "an ammunition feeding device contained in, or permanently attached to, a firearm in such a manner that the device cannot be removed without disassembly of the firearm action." So, a semiautomatic rifle could have a detachable magazine, as long as it does not also have any features or it could have the features as long as it had a fixed magazine. The purpose of this change is to clarify that equipping a weapon with a "bullet button" magazine release does not take that weapon outside the definition of an assault weapon. FISCAL EFFECT: Appropriation: No Fiscal Com.:YesLocal: Yes According to the Senate Appropriations Committee: Registration process: Estimated costs to the DOJ of $1.8 million in FY 2016-17, $1.5 million in FY 2017-18, and $40,000 (DROS Account*/General Fund) annually thereafter, to be offset in whole or in part by fees collected from registrants once fully implemented. Staff notes the DROS Account is structurally imbalanced, and current revenues are insufficient to cover the costs of this bill. As a result, a General Fund appropriation may be required to enable completion of the activities within the timelines prescribed and to support the ongoing costs of this measure. State prisons: Potentially significant increase in annual state incarceration costs (General Fund) to the extent the revised definition of "assault weapon" results in additional firearms violations. For every 10 new commitments to state prison (five each for manufacturing and possession), additional annual costs of $290,000, compounding to $1.2 million for overlapping sentences assuming the middle term of the triads for violations of both manufacturing and possession. Local agencies: Potential future increase in local enforcement and incarceration costs for unlawful possession or AB 1664 Page 7 sale/manufacture of assault weapons. Firearms sales: Potentially significant near-term loss of sales tax revenue (General Fund) to the extent the revised definition of "assault weapon" results in a reduction in sales of firearms newly prohibited under the bill's provisions. Future year impacts could be somewhat mitigated to the extent consumers shift to purchases of alternative firearms. APPS enforcement: Unknown, potential increase in DOJ enforcement costs (Special Fund*) to the extent additional persons are placed on the armed prohibited persons list resulting from the provisions of this measure. *Dealers' Record of Sale (DROS) Account - Senate Appropriations staff notes the DROS Account is structurally imbalanced, with an estimated reserve balance of less than $1 million by year-end FY 2016-17. Current revenues to the DROS Account are insufficient to cover the costs of this bill in conjunction with the numerous other legislative measures requiring funding from the DROS Account, should they be enacted. As a result, an appropriation from an alternate fund source, potentially the General Fund, may be required to support the costs of this measure. SUPPORT: (Verified 6/22/16) All Saints Church California Chapters of the Brady Campaign to Prevent Gun Violence California Chapter of the American College of Emergency Physicians City of Long Beach City of Santa Monica Cleveland School Remembers Coalition Against Gun Violence, a Santa Barbara County Coalition Laguna Woods Democratic Club Law Center to Prevent Gun Violence Physicians for Social Responsibility, San Francisco Bay Area Chapter OPPOSITION: (Verified 6/22/16) AB 1664 Page 8 California Sportsman's Lobby California State Sheriffs' Association California Waterfowl California Rifle and Pistol Association Crossroads of the West Gun Shows Firearms Policy Coalition Gun Owners of California National Rifle Association of America National Shooting Sports Foundation Outdoor Sportsmen's Coalition of California Safari Club International ARGUMENTS IN SUPPORT: The California Chapters of the Brady Campaign to Prevent Gun Violence state: Unfortunately, firearm manufactures have found ways to enable the dangerous quick reloading that the California's assault weapons law sought to ban. For example, the "bullet button" is a feature that enables the firearm owner to use a bullet or other pointed object to quickly detach and replace the weapon's ammunition magazine. Because the use of a bullet or other "tool" is required to remove the magazine, the sale of bullet button-equipped guns has been allowed, even though the California assault weapons law prohibits weapons that have "the capacity to accept a detachable magazine." In fact, in the first eleven months after the retention of records for long guns became operational (January 1, 2014 to December 2, 2014), there were 50,574 sales or transfers of military-style weapons with a bullet-button or other similar feature that allows for the rapid exchange of the magazine. The California Brady Campaign Chapters support clarifying and strengthening California's assault weapons law as proposed by AB 1664. The bill redefines 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. A weapon that has a detachable magazine, as defined, and any one of the military-style features would be unlawful. AB 1664 would require any person who lawfully possessed from January 1, 2001 to December 31, 2016 an assault weapon as AB 1664 Page 9 defined in the bill to register the weapon before July 1, 2018 with the California Department of Justice. This record would enable law enforcement to disarm the person through the Armed Prohibited Persons System program if the person were to become prohibited from possessing firearms and assist law enforcement in the tracing of crime guns. ARGUMENTS IN OPPOSITION: The California Sheriffs' Association states: California has some of the strictest gun laws in the nation, yet gun violence continues to plague our state. We must continue to take steps to keep guns out of the hands of criminals and other prohibited persons. That said, this measure would make little progress toward that goal. Instead, this measure would ban the sale of many commonly owned and sold rifles that do not fall under the current regulatory scheme. In doing so, AB 1664 would likely result in the allocation of law enforcement resources to regulating the gun-owning practices of otherwise law-abiding persons at the expense of efforts to keep firearms out of the hands of criminals and other persons that should not be armed. Sheriffs are generally supportive of efforts to create appropriate penalties for persons who steal firearms and for criminals who are found to possess firearms. We have supported bills that create mechanisms to keep firearms away from certain persons, including in the form of gun violence restraining orders. Ultimately, we do not believe AB 1664 will be successful in keeping firearms away from dangerous persons. ASSEMBLY FLOOR: 43-31, 6/1/16 AYES: Alejo, Atkins, Baker, Bloom, Bonilla, Bonta, Brown, Burke, Calderon, Campos, Chau, Chiu, Chu, Dababneh, Dodd, Cristina Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez, Gordon, Roger Hernández, Holden, Irwin, Jones-Sawyer, Levine, Lopez, Low, McCarty, Mullin, Nazarian, O'Donnell, Quirk, Ridley-Thomas, Santiago, Mark Stone, Thurmond, Ting, Weber, Williams, Wood, Rendon NOES: Achadjian, Travis Allen, Arambula, Bigelow, Brough, Chávez, Cooley, Dahle, Frazier, Beth Gaines, Gallagher, Gray, Grove, Harper, Jones, Kim, Lackey, Linder, Maienschein, Mathis, Mayes, Medina, Melendez, Obernolte, Olsen, Patterson, AB 1664 Page 10 Salas, Steinorth, Wagner, Waldron, Wilk NO VOTE RECORDED: Chang, Cooper, Daly, Eggman, Hadley, Rodriguez Prepared by:Jessica Devencenzi / PUB. S. / 6/30/16 9:22:10 **** END ****