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 ------------------------------------------------------------------ |Committee |Votes|Ayes |Noes | | | | | | | | | | | | | | | | |----------------+-----+----------------------+--------------------| |Public Safety |5-1 |Jones-Sawyer, Lopez, |Lackey | | | |Low, Quirk, Santiago | | | | | | | | | | | | ------------------------------------------------------------------ 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 SB 880 Page 2 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 SB 880 Page 3 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 SB 880 Page 4 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. SB 880 Page 5 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." SB 880 Page 6 Analysis Prepared by: Gabriel Caswell / PUB. S. / (916) 319-3744 FN: 0003528