BILL ANALYSIS Ó
SB 880
Page 1
SENATE THIRD READING
SB
880 (Hall and Glazer)
As Amended May 17, 2016
Majority vote
SENATE VOTE: 24-14
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|Committee |Votes|Ayes |Noes |
| | | | |
| | | | |
| | | | |
|----------------+-----+----------------------+--------------------|
|Public Safety |5-1 |Jones-Sawyer, Lopez, |Lackey |
| | |Low, Quirk, Santiago | |
| | | | |
| | | | |
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SUMMARY: Redefines what constitutes an assault weapon in order
to close the bullet button loophole. Also requires registration
of weapons previously not prohibited, under the new definition.
Specifically, this bill:
1)Revises the definition of "assault weapon" to mean "a
semiautomatic centerfire rifle, or a semiautomatic pistol that
does not have a fixed magazine but has any one of those
specified attributes."
2)Defines "fixed magazine" to mean "an ammunition feeding device
contained in, or permanently attached to, a firearm in such a
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manner that the device cannot be removed without disassembly
of the firearm action."
3)Exempts a person who possessed an assault weapon prior to
January 1, 2017, if specified requirements are met.
4)Requires that any person who, from January 1, 2001, to
December 31, 2016, lawfully possessed an assault weapon that
does not have a fixed magazine, as defined, register the
firearm with the Department of Justice (DOJ) before January 1,
2018.
5)Permits the DOJ to increase the $20 registration fee as long
as it does not exceed the reasonable processing costs of the
department.
6)Requires registrations to be submitted electronically via the
Internet utilizing a public-facing application made available
by the DOJ.
7)Requires the registration to contain specified information,
including, but not limited to, a description of the firearm
that identifies it uniquely and specified information about
the registrant.
8)Permits the DOJ to charge a fee of up to $15 per person for
registration through the internet, not to exceed the
reasonable processing costs of the department to be paid and
deposited, as specified, for purposes of the registration
program.
9)Requires the DOJ to adopt regulations for the purpose of
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implementing those provisions and would exempt those
regulations 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
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
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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
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.
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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: Unknown. This bill is keyed non-fiscal by the
Legislative Counsel.
COMMENTS: According to the author, "bullet button-equipped
semi-automatic weapons have no legitimate use for sport hunters
or competitive shooters. They are designed only to facilitate
the maximum destruction of human life. Such weapons have been
used in a number of recent gun attacks including the recent
terrorist attack in San Bernardino that left 14 Californians
dead and 21 injured. Too many Californians have died at the
hands of these dangerous weapons.
"SB 880 will make our communities safer and upholds our
commitment to reduce gun violence in California by closing the
bullet button loophole in California's Assault Weapons Ban.
This bill clarifies the definition of assault weapons and
provides the DOJ the authority to bring existing regulations
into conformity with the original intent of California's Assault
Weapon Ban. Absent this bill, the assault weapon ban is
severely weakened, and these types of military-style firearms
will continue to proliferate on our streets and in our
neighborhoods."
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Analysis Prepared by:
Gabriel Caswell / PUB. S. / (916) 319-3744 FN:
0003528