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 - continued - SB 933 Page 1 SB 933 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 - continued - SB 933 Page 2 SB 933 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 - continued - SB 933 Page 3 SB 933 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 - continued - SB 933 Page 4 SB 933 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. - continued - SB 933 Page 5 SB 933 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 - continued - SB 933 Page 6 SB 933 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 - continued - SB 933 Page 7 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 - continued - SB 933 Page 8