BILL ANALYSIS Ó
SB 1446
Page 1
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.
SB 1446
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/ (916) 319-3744 FN: 0003530