BILL ANALYSIS Ó SB 1446 Page 1 SENATE THIRD READING SB 1446 (Hancock) As Amended March 28, 2016 Majority vote SENATE VOTE: 22-15 ------------------------------------------------------------------ |Committee |Votes|Ayes |Noes | | | | | | | | | | | | | | | | |----------------+-----+----------------------+--------------------| |Public Safety |5-2 |Jones-Sawyer, Lopez, |Melendez, Lackey | | | |Low, Quirk, Santiago | | | | | | | | | | | | ------------------------------------------------------------------ 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; SB 1446 Page 2 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 SB 1446 Page 3 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: SB 1446 Page 4 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; SB 1446 Page 5 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 SB 1446 Page 6 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 Page 7 / (916) 319-3744 FN: 0003530