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
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           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