BILL ANALYSIS
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|SENATE RULES COMMITTEE | AB 1961|
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THIRD READING
Bill No: AB 1961
Author: Machado (D)
Amended: 6/21/00 in Senate
Vote: 21
SENATE PUBLIC SAFETY COMMITTEE : 4-0, 6/13/00
AYES: Vasconcellos, Johnston, McPherson, Rainey
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
ASSEMBLY FLOOR : 54-12, 5/4/00 - See last page for vote
SUBJECT : Firearms
SOURCE : Attorney General
DIGEST : This bill revises California statutory
definitions of machineguns to essentially conform to the
federal definition of machineguns.
ANALYSIS :
Existing law provides that:
1.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.
2.Any person, firm, or corporation who, within this state,
intentionally converts a firearm into a machinegun, or
CONTINUED
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who sells, or offers for sale, or knowingly manufactures
a machine gun, except as authorized by law, is punishable
by imprisonment in the state prison for four, six, or
eight years.
3.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 weapons deemed by the federal Bureau of Alcohol,
Tobacco, and Firearms as readily convertible to a
machinegun.
4.Authorizes the State Department of Justice (DOJ) to issue
and revoke permits for the possession, manufacture,
transportation and sale of machineguns.
5.Prohibits the sale, manufacturing, distribution,
transportation, importation possession or lending of
semi-automatic assault weapons in California.
This bill revises the existing state definition to read, as
follows:
The term "machinegun" as used in this chapter means any
weapon that shoots, or is designed to shoot, or can be
readily restored to shoot, automatically, more than one
shot, without manual reloading, by a single function of
the trigger. The term shall also include the frame or
receiver of any like weapon, any part designed and
intended solely and exclusively, or combination of
parts designed and intended for use in converting a
weapon into a machinegun, and any combination of parts
from which a machinegun can be assembled if such parts
are in the possession or under the control of a person.
The term also includes any weapon deemed by the
federal Bureau of Alcohol, Tobacco, and Firearms as
readily convertible to a machinegun under Chapter 53
(commencing with section 5801) of Title 26 of the
United States Code.
Background
The Assembly Committee on Public Safety analysis of this
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bill contains the following:
"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" node.
This part was tested and fired fully automatic when
placed in a sub-machinegun."
In one of those cases, People vs. Scott William Mills , the
reporter's partial transcript of the preliminary hearing on
August 18, 1999, contains the following presentation by the
attorney for the defendant (In the Municipal Court of
Pomona, Judicial District of Los Angeles County, Case
#KA044547):
"May I begin by inviting the court's attention to
section 12200 of the Penal Code. It contains, in my
opinion, four definitions of a machinegun; two of them
relate to complete functional firearms. I believe that
neither one of them applies to this case. The
remaining two are the definition which includes any
frame or receiver which can only be used for that
weapon, referring to a machinegun. Second, the term
also includes any part or combination of parts designed
and intended for use in converting a weapon into a
machinegun.
I would assert there's been quire a bit of expert
testimony that this is not a frame or receiver. It
doesn't have the serial number. It's not the
controlled part.
"As far as designed are intended, I believe the expert
testimony shows that this part is not designed and
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intended as a conversion part, but rather is designed
and intended as a replacement part for lawfully owned
machineguns, and that would be primarily for the
purpose of allowing law enforcement to change
configuration for training or tactical use. It's a
vague and ambiguous statute as applied to frames and
receivers and to parts or combinations of parts,
designed and intended."
The prosecutor responded, in part:
"In the opinion of the expert from the Department of
Justice this particular portion of the weapon is a
frame or receiver and that is based upon that it is a
substantial component of the weapon. And the trigger
assembly group, in the opinion of this expert, is a
substantial portion of the weapon?And the intent of the
law is to see to it that a substantial portion of this
weapon is illegal to sell or transfer or possess. And
we're talking about a substantial portion of the
weapon, a trigger assembly group which is only used for
a fully automatic machinegun, and it is exactly the
same components that Colt considers to be a lower
receiver."
As indicated, the Judge granted the defendant's motion to
dismiss, with a finding which includes: "?The relevant
fact is that the item has to be modified. If it has to
be modified, a fortiori, it was not designed for that
purpose?"
Federal Definition of Machinegun
The Federal definition is:
Machinegun. The term "machinegun" means any weapon
which shoots, is designed to shoot, or can be readily
restored to shoot, automatically more than one shot,
without manual reloading, by a single function of the
trigger. The term shall also include the frame or
receiver of any such weapon, any part designed and
intended solely and exclusively, or combination of
parts designed and intended, for use in converting a
weapon into a machinegun, and any combination of parts
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from which a machinegun can be assembled if such parts
are in the possession or under the control of a person.
As currently amended, this bill essentially mirrors that
federal definition.
In addition, this bill keeps in state law the current
reference in the California statute which also defines
"machinegun" to include "any weapon deemed by the federal
Bureau of Alcohol, Tobacco, and Firearms as readily
convertible to a machinegun under Chapter 53 (commencing
with section 5801) of Title 26 of the United States Code."
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: Yes
SUPPORT : (Verified 8/15/00)
Attorney General (source)
California Shooting Sports Association
ARGUMENTS IN SUPPORT : According to the background
provided by the author's office:
"In 1934, Congress passed the National Firearms Act,
which prohibits individuals from possessing machineguns
without a license. In 1953, California barred
possessing or selling machineguns 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
machinegun statute. AB 1961 closes this loophole to
ensure that people who sell parts that make fully
automatic guns out of single shot (semi-automatic)
weapons answer to the law."
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ASSEMBLY FLOOR :
AYES: Alquist, Aroner, Bock, Cardenas, Cedillo, Corbett,
Correa, Cox, Cunneen, Davis, Dickerson, Ducheny, Dutra,
Firebaugh, Gallegos, Granlund, Havice, Honda, Jackson,
Keeley, Knox, Kuehl, Leach, Lempert, Longville, Machado,
Maddox, Maldonado, Mazzoni, Migden, Nakano, Oller, Robert
Pacheco, Rod Pacheco, Papan, Pescetti, Reyes, Romero,
Scott, Shelley, Steinberg, Strickland, Strom-Martin,
Thomson, Torlakson, Villaraigosa, Vincent, Wayne, Wesson,
Wiggins, Wildman, Wright, Zettel, Hertzberg
NOES: Aanestad, Ackerman, Ashburn, Baldwin, Baugh, Briggs,
House, Kaloogian, Leonard, Margett, McClintock, Thompson
DLW:cm 8/15/00 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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