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 ****