BILL ANALYSIS AB 1961 Page 1 Date of Hearing: March 28, 2000 Counsel: Fredericka McGee ASSEMBLY COMMITTEE ON PUBLIC SAFETY Carl Washington, Chair AB 1961 (Machado) - As Introduced: February 18, 2000 SUMMARY : Expands the definition of "prohibited machineguns" to include any frame receiver or trigger mechanism that can be used with a machinegun. Specifically, this bill includes a trigger mechanism in the definition of a machinegun. EXISTING LAW : 1)Provides that any person, firm or corporation in the possession or transportation of a machinegun is guilty of a felony and is punishable by four, six or eight years in state prison or by a fine not to exceed $10,000. (Penal Code Section 12220.) 2)Defines a "machinegun" as any weapon that fires more than one shot automatically without manual reloading, by a single function of the trigger, any part or combination of parts designed and intended for use in converting, and any weapon deemed by the federal Bureau of Alcohol, Tobacco, and Firearms as readily convertible to a machinegun. (Penal Code Section 12200.) 3)Authorizes the Department of Justice (DOJ) to issue and revoke permits for the possession, manufacture, transportation and sale of machineguns. (Penal Code Sections 12230, 12233 and 12250.) 4)Prohibits the sale, manufacturing, distribution, transportation, importation possession or lending of assault weapons in California. (The Roberti-Roos Assault Weapons Control Act of 1989, including Penal Code Section 12280.) FISCAL EFFECT : Unknown COMMENTS : AB 1961 Page 2 1)Author's Statement : According to the author, "In 1934, Congress passed the National Firearms Act, which prohibits individuals from possessing machine guns without a license. In 1953, California barred possessing or selling machine guns and fully automatic weapons without a license. Many of the most ardent opponents of gun control concede that prohibiting the ownership and sale of fully automatic weapons is good public policy. "However, in August, 1999, a savvy attorney and an insufficient definition in law allowed an individual to walk free after he sold a trigger mechanism that changes a semi-automatic firearm into a fully automatic one. The individual sold the converter switch to an undercover agent at a gun show. The law lacked the specificity to convict the individual under the state's machine gun statute. AB 1961 closes this loophole to ensure that people who sell parts that make fully automatic guns out of single shot weapons answer to the law." 2)Background : In May and July of 1999, the DOJ's Bureau of Narcotic Enforcement Violence Suppression Unit from the Los Angeles Regional Office conducted an investigation into weapons violation at the Great Western Gun Show held at the Los Angeles County Fairgrounds. This successful undercover operation resulted in the filing of state and federal firearm charges on several individuals who were vendors at this event. During the subsequent court proceeding, two cases were dismissed at the preliminary hearings. The defendants were arrested for the sale of a machinegun. The defendants sold trigger mechanisms that were an integral part of the machinegun that allowed the weapon to fire in "full auto" mode. This part was tested and fired fully automatic when placed in a sub-machinegun. 3)Related Legislation : SB 23 (Perata), Chapter 129, Statutes of 1999, added a "generic" definition of assault weapons to the Assault Weapons Control Act of 1989 and prohibited the manufacturing, importing, selling, lending, or giving of a large-capacity magazine, i.e., any ammunition feeding device with a capacity to accept more than 10 rounds and punishable as an alternate felony/misdemeanor. AB 1265 (Wright), relating to firearm assault weapons, failed passage in the Assembly Public Safety Committee. AB 1961 Page 3 REGISTERED SUPPORT / OPPOSITION : Support Attorney General (Sponsor) Opposition None on File Analysis Prepared by : Fredericka McGee / PUB. S. / (916) 319-3744