BILL ANALYSIS
AB 1961
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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
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REGISTERED SUPPORT / OPPOSITION :
Support
Attorney General (Sponsor)
Opposition
None on File
Analysis Prepared by : Fredericka McGee / PUB. S. / (916)
319-3744