BILL ANALYSIS                                                                                                                                                                                                    Ó






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                                   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,  








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          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,  







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               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.)








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          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.








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             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.








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          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  







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            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)








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          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  







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            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,  







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            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


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