BILL ANALYSIS                                                                                                                                                                                                    



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          SENATE THIRD READING


          SB  
          1446 (Hancock)


          As Amended  March 28, 2016


          Majority vote


          SENATE VOTE:  22-15


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          |Committee       |Votes|Ayes                  |Noes                |
          |                |     |                      |                    |
          |                |     |                      |                    |
          |                |     |                      |                    |
          |----------------+-----+----------------------+--------------------|
          |Public Safety   |5-2  |Jones-Sawyer, Lopez,  |Melendez, Lackey    |
          |                |     |Low, Quirk, Santiago  |                    |
          |                |     |                      |                    |
          |                |     |                      |                    |
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          SUMMARY:  Prohibits the possession of large-capacity magazines,  
          with specified exceptions.  Specifically, this bill:


          1)Makes it an infraction, commencing July 1, 2017,  for any  
            person who possesses a large-capacity magazine punishable as  
            follows:


             a)   A fine not to exceed $100 for the first offense;








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             b)   A fine not to exceed $250 for the second offense; and, 


             c)   A fine not to exceed $500 for the third or subsequent  
               offense.


          2)Requires a person who, prior to July 1, 2017, legally  
            possesses a large-capacity magazine to dispose of that  
            magazine by any of the following means:


             a)   Remove the large-capacity magazine from the state;


             b)   Prior to July 1, 2017, sell the large-capacity magazine  
               to a licensed firearms dealer;


             c)   Destroy the large-capacity magazine; or,


             d)   Surrender the large-capacity magazine to a law  
               enforcement agency for destruction.


          3)Specifies the following exceptions:


             a)   An individual who honorably retired from being a sworn  
               peace officer, or an individual who honorably retired from  
               being a sworn federal law enforcement officer, who was  
               authorized to carry a firearm in the course and scope of  
               that officer's duties;


             b)   A federal, state, or local historical society, museum or  








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               institutional society, or museum or institutional  
               collection, that is open to the public, provided that the  
               large-capacity magazine is unloaded, properly housed within  
               secured premises, and secured from unauthorized handling;


             c)   A person who finds a large-capacity magazine, if the  
               person is not prohibited from possessing firearms or  
               ammunition, and possessed it no longer than necessary to  
               deliver or transport it to the nearest law enforcement  
               agency;


             d)   A forensic laboratory, or an authorized agent or  
               employee thereof in the course and scope of his or her  
               authorized activities;


             e)   The receipt or disposition of a large-capacity magazine  
               by a trustee of a trust, or an executor or administrator of  
               an estate, including an estate that is subject to probate,  
               that includes a large-capacity magazine; or,


             f)   A person lawfully in possession of a firearm that the  
               person obtained prior to January 1, 2000, if no magazine  
               that holds 10 or fewer rounds of ammunition is compatible  
               with that firearm and the person possesses the  
               large-capacity magazine solely for use with that firearm.


          EXISTING LAW: 


          1)Defines a "large-capacity magazine" as any ammunition feeding  
            device with the capacity to accept more than 10 rounds, but  
            shall not be construed to include any of the following: 










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             a)   A feeding device that has been permanently altered so  
               that it cannot accommodate more than 10 rounds;


             b)   A .22 caliber tube ammunition feeding device; or,


             c)   A tubular magazine that is contained in a lever-action  
               firearm.  


          2)States, except as provided, commencing January 1, 2000, any  
            person in California who manufactures or causes to be  
            manufactured, imports into the state, keeps for sale, or  
            offers or exposes for sale, or who gives, or lends, any  
            large-capacity magazine is punishable by imprisonment in the  
            county jail for either a misdemeanor or a felony.  
          3)Provides the following exceptions to the prohibition against  
            manufacturing or causing to be manufactured, importing into  
            the state, keeping for sale, or offering or exposing for sale,  
            or giving, or lending, any large-capacity magazine:


             a)   Government agency charged with law enforcement;
             b)   Sworn peace officer who is authorized to carry a firearm  
               in the course and scope of that officer's duties ;


             c)   Sale or purchase by a licensed person;


             d)   Loan under specified circumstances;


             e)   Importation by a person in legal possession prior to  
               January 1, 2000;


             f)   Delivery to a gun smith;








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             g)   Person with permit to sell to an out-of-state client;


             h)   Entity that operates armored vehicle business;


             i)   Manufacture for government agency or military;


             j)   Use as a prop; or,


             aa)  Holder of a special weapons permit for specified  
               purposes.


          4)Declares large-capacity magazines to be a nuisance.
          5)Provides that the Attorney General, district attorney, or city  
            attorney may bring an action to enjoin the manufacture of,  
            importation of, keeping for sale of, offering or exposing for  
            sale, giving, lending, or possession of, any item that  
            constitutes a nuisance under any of the specified code  
            sections, including the code section relating to  
            large-capacity magazines.  


          6)States that the weapons listed in the specified code sections  
            constituting a nuisance shall be subject to confiscation and  
            summary destruction whenever found within California.  


          FISCAL EFFECT:  Unknown.  This bill is keyed non-fiscal by the  
          Legislative Counsel.


          COMMENTS:  According to the author, "In 1999, the Legislature  
          passed SB 23 (Perata) [Chapter 129, Statutes of 1999] which  








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          prohibited the possession of assault weapons, such as the AK-47  
          and created a generic definition of an assault weapon.  As part  
          of that legislation, the importation, manufacture and sale of  
          large capacity ammunition magazines was strictly prohibited.   
          However, the possession of high capacity magazines was not  
          prohibited.


          "Federal law also outlawed possession of high capacity magazines  
          as part of the 1994 federal assault weapons ban but allowed  
          current owners to keep them under a 'grandfathering' provision.   
          The federal assault weapons ban was allowed to expire in 2004.   
          Research has shown that, prior to the implementation of the  
          federal assault weapons ban, these high capacity magazines were  
          used in between 14 and 26% of guns used in crime.


          "High capacity ammunition magazines are ammunition feeding  
          devices that hold more than ten rounds of ammunition.  These  
          mega-magazines can hold upwards of 100 rounds of ammunition and  
          allow a shooter to rapidly fire without reloading.


          "High capacity magazines are not designed for hunting or target  
          shooting.  High capacity magazines are military designed  
          devices.  They are designed for one purpose only - to allow a  
          shooter to fire a large number of bullets in a short period of  
          time.


          "This bill will make clear that possession of these  
          'mega-magazines' is also prohibited.  Law enforcement officers  
          have told us that, because the Penal Code currently fails to  
          specifically prohibit possession, the law is very difficult to  
          enforce.  This needs to be fixed and this measure addresses that  
          by prohibiting the possession."


          Analysis Prepared by:                     Stella Choe / PUB. S.  








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