BILL ANALYSIS                                                                                                                                                                                                    






                                                          SB 933


Date of Hearing:  June 27, 1995
Counsel:       Donald J. Currier

                ASSEMBLY COMMITTEE ON PUBLIC SAFETY

            SB 933 (Polanco) - As Amended:  May 9, 1995


                            FOR VOTE ONLY


  ISSUE: SHOULD THE MANUFACTURE AND POSSESSION OF CONCEALABLE  
       FIREARMS NOT CONFORMING TO FEDERAL IMPORTATION REQUIREMENTS  
       BE BANNED IN CALIFORNIA?


  DIGEST

  Under current law:

1) Certain firearms are banned from importation under federal law.  
    (18 U.S.C. 925(d)(3).)

2) It is an alternate felony/misdemeanor to manufacture, import,  
   sell, loan or possess specified disguised firearms and other  
   deadly weapons, including plastic firearms, cane or wallet  
   guns, flechette darts, multiburst trigger activators,  
   nunchakus, short-barreled shotguns and rifles, leaded canes,  
   zip guns, unconventional pistols, cane blackjacks, and metal  
   knuckles.  A violation is punishable by 16 months, two or three  
   years in prison, or up to one year in county jail.  (Penal Code  
   section 12020.)

 This bill amends the Penal Code to ban the manufacture and  
possession of "nonsporting handguns" as determined by the United  
States Secretary of the Treasury pursuant to paragraph (3) of  
subsection (d) of Section 925 of Title 18 of the United States  

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Code.  18 U.S.C. 925 refers the reader to 26 USC 5845(a) for the  
determination of a firearm that is generally recognized as readily  
adaptable to sporting purposes, excluding military surplus  
firearms.  26 USC 5845(a) refers to 27 CFR 179. 27 CFR 179 defines  
machine-guns, shotguns, and other firearms.

 COMMENTS

1)   Purpose.  According to the author:

        Many handguns manufactured in California are poorly made,  
       unreliable, unsafe, and could not legally be imported into  
       the United States if made elsewhere.  Many of these unsafe  
       guns are disproportionately used 
in crime.  Across the country, lists of guns most frequently  
confiscated by law enforcement agencies are dominated by these  
unsafe handguns, mostly manufactured in California by the "Ring of  
Fire".

        To halt the production of these unsafe guns in the State  
       of California, we should require that guns made under our  
       jurisdiction meet the criteria applied to imports. 

        These guns are manufactured by six California companies -   
       Bryco Arms of Costa Mesa; Arcadia Machine and Tool, in  
       Irwindale; Davis Industries, in Mira Loma; Lorcin  
       Engineering, also in Mira Loma; Phoenix Arms, in Ontario;  
       and Sundance Industries, in Valencia.  These companies  
       produced an alarming 685,934 handguns in 1992, or 34  
       percent of all handguns made in the United States.  In  
       1992, these companies made over 80 percent of the "Saturday  
       Night Specials" produced in this country.

        The Federal Factoring Criteria was adopted pursuant to the  
       1968 Gun Control Act, which was supported by the NRA to  
       stop the importation of unsafe, low quality handguns.

        California has the responsibility of ensuring that we no  

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       longer manufacture, sale or possess handguns that have been  
       deemed unsafe by the Federal Government.  This bill brings  
       about consistency and accountability to the issue of  
       handgun safety. 

2)   Federal Regulation of Saturday Night Specials.  At the federal  
level, the importation of "Saturday Night Specials" has been  
banned through the enactment of the Gun Control Act of 1968.   
Section 925(d)(3) of the act provides that a firearm shall be  
imported if it is of a type "...generally recognized as  
particularly suitable for, or readily adaptable to, sporting  
purposes." 
 
   A factoring criteria is employed by the Bureau of Alcohol,  
   Tobacco and Firearms (ATF) to determine if the weapon is of the  
   prohibited type.  The ATF form (4880) has a disclaimer that  
   reads "The Bureau of Alcohol, Tobacco and Firearms reserves the  
   right to preclude importation of any revolver or pistol which  
   achieves an apparent qualifying score, but does not adhere to  
   the provisions of section 925 (d)(3) of Amended Chapter 44,  
   Title 18, U.S.C."  It is unclear whether or not the ATF would  
   have the de facto power to ban a particular handgun in  
   California under this bill.  Is this the author's intent?

   The factoring criteria is based on a point system.  First, the  
   firearm must meet all of the prerequisites.  If it is a pistol,  
   it must have a manually operated safety device.  The combined  
   length and height must be not less than ten inches with the  
   height being at least four inches and the length at least six  
   inches.  If the firearm is a revolver, it must have an overall  
   frame length of at least four and one-half inches and a barrel  
   length of at least three inches.  A point value is assigned to  
   the handgun's individual characteristics such as length of  
   barrel, overall length, frame construction, weight, caliber,  
   safety features, type of sight, trigger, 
hammer and grip. 
 
3)  Potential Effect.  The new prohibited class of "nonsporting  

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   handgun" is placed in Penal Code Section 12020(a).  Under  
   existing Penal Code Section 12029, all such prohibited weapons  
   - unless otherwise excluded - are classified as nuisances, and  
   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 of the foregoing items.  Section  
   12029 further provides for the destruction of such items.   
   Presumably, those enforcing this bill would either seek  
   evaluation by the federal ATF of suspect weapons or would  
   themselves apply the federal criteria.  The point system would  
   be extremely difficult to apply by line police officers in the  
   field.

5)  Definition of "Saturday Night Special."  Proponents of a ban on  
   "Saturday Night Specials" point to statistics that show most  
   crimes are accomplished with cheap, unsafe handguns.  This bill  
   would ban some weapons that fit squarely into the category of  
   "Saturday Night Specials", but certainly not all of them.  For  
   example, it would do nothing to affect the importation and sale  
   of the Russian 9 mm Makarov, which can be found for sale in gun  
   stores in Sacramento for approximately $119.  It would,  
   however, cast a large net that encompasses many well-made,  
   expensive handguns used primarily for self-defense.  Such guns  
   would include Smith and Wesson Model 49 Bodyguard revolvers  
   that retail for around $424, Walther PPK pistols retailing  
   between $400 - $500, and American Derringer Semmerling LM-4  
   which retail for as much as $1,875.  All two-inch revolvers  
   currently employed by police detectives throughout the state,  
   such as the Colt Detective Special would be banned if  
   manufactured after January 1, 1996.

6)  Other Legislation.  AB 1848 of 1992 proposed a melting point  
   test for gang guns of 800 degrees Fahrenheit, which is the  
   melting point adopted for Saturday Night Special bans in  
   Hawaii, Illinois, and South Carolina.  A committee analysis of  
   AB 1848 indicated that the proposed standard is derived from  
   the South Carolina Code of Laws (1976), Sec. 23-31-180, where  

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   handguns failing the 800-degree test are considered Saturday  
   Night Specials.  For purposes of enforcement, the State Police  
   issues a list of prohibited models to retail pistol dealers,  
   local police, and other relevant parties.
 
   SB 1118 (Watson) from this session proposes a ban on all  
   handguns which are manufactured of materials which have a  
   melting point under 1,000 degrees Fahrenheit, an ultimate  
   tensile strength of less than 55,000 pounds, or any powdered  
   metal having a density of less than 7.5 grams per cubic  
   centimeter.  That is a test used in Minnesota to ban such  
   weapons. 
 
   Maryland created a Handgun Roster Board which issues  
   twice-yearly a list of permitted handguns that are useful for  
   legitimate sporting, self-protection, or law enforcement  
   purposes.  (Code of Maryland, Art. 27, Section 36-J.)  Factors  
   considered by the Board include concealability, ballistic  
   accuracy, weight, quality of materials, quality of  
   manufactured, reliability as to safety, caliber, detectability  
   by standard security equipment, and overall utility for  
   legitimate sporting, self-protection, or 
law enforcement purposes. 

7)  Proponents to this Bill.   Proponents of this bill all agree  
   that cheaply made and unsafe handguns should be banned in  
   California.  According to "Women Against Gun Violence,"  
   Saturday Night Specials are not subject to any safety standards  
   and are "especially dangerous because they are very poorly made  
   and unreliable.  They often misfire and are inaccurate...."   
   The "Legal Community Against Violence" supports SB 933 because  
   the banned guns "are unsuitable for any sporting or  
   self-protection purposes."

8)   Opponents to this Bill.  Opponents of this bill point out that  
this measure would ban expensive, well-made handguns, in addition  
to the firearms that are the target of the author's intended ban.   


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   According to the National Rifle Association (NRA), handguns  
   used extensively by detectives, off-duty police officers, and  
   retired officers would be the subject to this ban.  Most  
   "back-up" guns carried by on-duty police officers would be  
   included in this ban.  There is no exemption for peace  
   officers.  Only those guns manufactured after January 1, 1996  
   would be affected.  It would be impractical to expect a police  
   officer in the field to determine the year of manufacture for  
   two-inch revolvers that have no indication of the year  
   manufactured by outward appearance.
 
   According to the NRA, information release from the Stockton  
   Police Department regarding CCW permits as of September 7, 1994  
   show that at least 61 out of 220 gun permits issued were for  
   weapons that would be banned under this bill.  Would this not  
   refute the claim that almost all proponents have made, that  
   firearms banned under this bill have no legitimate self-defense  
   use?                                                     

   According to the Senate Criminal Procedure Committee analysis,  
   "Opponents to this type of measure generally argue that the  
   prohibition of a class of weapon, harmless in itself, is an  
   unfair approach to the problem of criminal use.  They argue for  
   better law enforcement and greater criminal sanctions.  More  
   specifically, in the case of Saturday Night Specials it is  
   argued that prohibition of a class of firearm merely because of  
   its low price works an unfair burden upon law-abiding,  
   low-income people who are as entitled to obtain weapons for  
   self-defense or sport as any other citizen.  To remove low cost  
   items from the market might simply disarm a significant portion  
   of the population most often finding itself threatened by  
   neighborhood violence." 

  SOURCE:    Author

  SUPPORT:   Legal Community Against Violence 
            California Probation, Parole and Correctional  

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           Association
            Hollywood Women's Political Committee
            Los Angeles District Attorney's Office
            Fontana Police Department
            Chicano Federation of San Diego County, Inc.
            El Segundo Police Department
            Emergency Medical Services Agency
            St. Joseph Health System
            Center for Health Care Ethics
            California Peace Officers' Association (CPOA)
            City of Chino
            City of Cypress
            City of Fountain Valley 
            City of Richmond
            City of San Francisco
            City of Huntington Beach
            City of Santa Cruz
            City of Santa Barbara
            City of Sacramento
            City of Los Angeles, Office of the Chief Legislative  
           Analyst
            County of Los Angeles
            Los Angeles Unified School District
            Alameda County
            Youth Leadeship Institute
            City of Chula Vista
            Santa Rosa Memorial Hospital
            California Church IMPACT
            California Academy of Family Physicians
            Community Counseling and Education Center
            Global Family
            Santa Cruz City Schools Board of Education
            California Organization of Police and Sheriffs
            Calexico Police Department
            Lutheran Office of Public Policy, California  
            Boys and Girls Clubs of Greater Sacramento
            Women Against Gun Violence
            Women and Children First - South Bay

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                                                          SB 933

            National Council of Jewish Women
            American Jewish Congress
            California Medical Association
            Violence Prevention Coalition of Greater Los Angeles
            Handgun Control Inc.
            Fresno County Democratic Women's Club
            Fresno County Economic Opportunies Commission
            Private Citizens
            Older Women's League
            Roseville Historical Society
            Rosevill Hospital
            New York Life
            Motion Picture and Television Photo Archive

  OPPOSITION:American Shooting Sports Council, Inc. 
            California Rifle and Pistol Association       
            National Rifle Association
            Law Enforcement Alliance of America
            Gun Owners of California
            Numerous Private Citizens
            Sports Arms Show Producers of America
            Kirk and Doty Realtors
            Gentrex Corporation
            Law Offices of John Dutton
            Zig Enterprises













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