BILL ANALYSIS SENATE COMMITTEE ON Public Safety Senator John Vasconcellos, Chair A 1999-2000 Regular Session B 2 3 5 AB 2351 (Zettel) 1 As Amended June 1, 2000 Hearing date: June 6, 2000 Penal Code and Uncodified Law SH:br OLYMPIC-STYLE COMPETITION FIREARMS EXEMPTIONS FROM UNSAFE HANDGUN AND ASSAULT WEAPON STATUTES HISTORY Source: USA Shooting (National Governing Body for the Olympic Shooting Sports) Prior Legislation: SB 15 (Polanco) - Chapter 248, Statutes of 1999 SB 23 (Perata) - Chapter 129, Statutes of 1999 Support: Attorney General; California Peace Officers' Association (approve); California Police Chiefs Association (approve) Opposition:None known Assembly Floor Vote: Ayes 67 - Noes 0 KEY ISSUE (More) AB 2351 (Zettel) Page 2 SHOULD SPECIFIED OLYMPIC-STYLE PISTOLS BE EXEMPTED FROM THE EXISTING RESTRICTIONS IN LAW ON BOTH UNSAFE HANDGUNS AND ASSAULT WEAPONS, AS SPECIFIED? PURPOSE The purpose of this bill is to exempt listed Olympic-style pistols from the existing restrictions in law on both unsafe handguns and assault weapons, as specified. Existing law , commencing January 1, 2001, makes it a misdemeanor to manufacture or cause to be manufactured, import into the state for sale, keep for sale, offer or expose for sale, give, or lend any unsafe handgun, except, as specified. Private party transactions are exempt from the unsafe handgun limitations but of course must still be made through a licensed firearms dealer or sheriff in smaller counties. (Penal Code 12125 et seq. and Penal Code 12082.) Existing law , Penal Code sections 12275-12290, prohibits the sale, manufacturing, distribution, transportation, importation possession or lending of assault weapons in California. (Roberti-Roos Assault Weapons Control Act of 1989 as amended by Chapter 129, Statutes of 1999) and includes the following: Contains a list that enumerates by model and manufacturer of semiautomatic rifles, pistols, and shotguns deemed to be assault weapons. (Penal Code 12276.) Authorizes the Attorney General to file a petition in the Superior Court to declare that additional weapons are prohibited because they are essentially identical to weapons on the list of prohibited assault weapons. (Penal Code 12276.5(a).) Allows a person who lawfully possessed an assault weapon prior to June 1, 1989 to register the weapon with the DOJ and to keep the weapon under specified restrictions. (Penal Code 12285.) (More) AB 2351 (Zettel) Page 3 Provides that any person who lawfully possessed a firearm that was subsequently declared to be an assault weapon may register the weapon within 90 days of the declaration. (Penal Code 12285(b)(1).) Contains a generic definition of assault weapons-Penal Code section 12276.1-which includes any semiautomatic pistols which have the capacity to accept a detachable magazine at some location outside of the pistol grip. (Penal Code 12276.1(a)(4)(D).) Provides that any person who unlawfully possesses an assault weapon is guilty of a public offense punishable by imprisonment in the state prison for 16 months, 2 or 3 years, or by imprisonment in the county jail not exceeding one year. However, if the person presents proof the weapon was lawfully possessed prior to the effective date of the Act, it is punishable as an infraction. (Penal Code 12280(b).) This bill exempts specified Olympic-style pistols from both the unsafe handgun and assault weapon laws in California, by doing the following: Making an uncodified legislative intent statement that it is the intent of the Legislature in enacting this bill to simplify the application of its provisions by the Department of Justice and to ensure that these provisions only have the effect of allowing access to, and use of, firearms for Olympic-style shooting, without affecting other firearms regulated under existing law. Adding a list of Olympic-style pistols that are exempted from the unsafe handgun restrictions in law with a statement of legislative intent that the Legislature finds a significant public purpose in exempting firearms that are designed expressly for use in Olympic target shooting events. Therefore, it is the intent of the Legislature to exempt those pistols that are used for Olympic target shooting purposes at the time this section is enacted, and that fall within the (More) AB 2351 (Zettel) Page 4 definition of "unsafe handgun." Adding a list of Olympic-style pistols which are exempted from the assault weapons restrictions in law with a statement of legislative intent that the Legislature finds a significant public purpose in exempting firearms that are designed expressly for use in Olympic target shooting events. Therefore, it is the intent of the Legislature to exempt those pistols that are used for Olympic target shooting purposes at the time the act adding this subdivision is enacted, and that would otherwise fall within the definition of "assault weapon" pursuant to this section. Enacting an uncodified severability clause which states that if any provision of this act or the application thereof to any person or circumstance is held invalid, that invalidity may not affect other provisions or applications of this act that can be given effect without the invalid provision or application, and to this end the provisions of this act are severable. COMMENTS 1. Need for This Bill According to the author: I have introduced AB 2351 because of a concern raised by one of my constituents, Lauren Santibinez, who is an Olympic target shooting competitor and who resides in my district. SB 23 bans possession of Olympic-style pistols used in Olympic-style shooting competitions. This bill will exempt such weapons used for Olympic style competitions to allow Californians the opportunity to compete. 2. Additional Background (More) AB 2351 (Zettel) Page 5 The Assembly Committee on Public Safety analysis of this bill contains the following additional background: On January 1, 2000, Penal Code section 12276.1 took effect and provides a further definition of assault weapon than the list of weapons listed in Penal Code section 12276. Very shortly thereafter, an issue arose regarding Olympic target shooters in the San Diego Union-Tribune. The story referenced a 17 year old woman involved in competitive shooting who may have been impacted by SB 23 because the law does not allow the loan of an assault pistol to a minor and her competition pistol may have been restricted. Committee staff has been advised that Ms. Santibinez is now 18, therefore, her father can legally loan her the pistol. While many custom-made target pistols may fall into the category of the assault weapon under the new law, however Committee staff has only received information of one incident occurring in California. NOTE: The Olympic-style pistols which are assault weapons pursuant to the generic assault weapon definition added by Chapter 199, Statutes of 1999, fall into that category because of their "capacity to accept a detachable magazine at some location outside of the pistol grip." (Penal Code 12276.1(a)(4)(D).) 3. Previous Version of This Bill Compared to Current Language The first version of this bill would have exempted the use of an assault weapon exclusively in competitions or programs developed or sanctioned by USA Shooting or other governing bodies of shooting sports in the United States from the general assault weapons restrictions and also specifically allowed the transfer of such pistols to minors and the importation of such pistols if used in specified shooting sports events. (More) AB 2351 (Zettel) Page 6 The second version of this bill would have exempted from both the unsafe handgun and assault weapons restrictions any firearm on a list to be furnished by USA Shooting to the Department of Justice. The sponsor, author's staff, Committee staff from both houses, and other interested parties have generally reached a conclusion that the current version of this bill with a specific list of pistols to be exempted from both the unsafe handgun and assault weapons is a more appropriate way to provide the relief which is the goal of the bill. This bill does not currently allow any nongovernmental entity to "exempt" pistols from otherwise applicable state law. This bill does not allow any governmental entity to "add"-or delete-pistols to or from the list of those to be exempted. This bill does not allow or require any court "confirmation" of any additional pistols to be added to the lists now contained in this bill. This bill publishes-in the relevant statute-the specified lists of exempted pistols and would not require or allow the Department of Justice or any other entity to publish or publicize or update or change the Olympic-style pistols which are exempted from California laws pertaining to unsafe handguns and assault weapons. This bill does not "license" individuals based upon participation in Olympic-style shooting which is an option that has also been discussed. This bill does have two different lists, since all of the Olympic-style pistols which would otherwise be affected by the assault weapons law in California would also otherwise be subject to "unsafe handgun" restrictions" but not all such pistols would be affected by the assault weapons law yet all would be subject to the "unsafe handgun" restrictions. USA Shooting indicates that these pistols are all relatively expensive when sold new ($1,000 to $2,000); they are sold in relatively limited numbers; they are specifically designed in ways which would ensure they could not pass the unsafe handgun tests (for example, low trigger pull resistance for competitor's control); they are produced after "approval" for Olympic AB 2351 (Zettel) Page 7 purposes; and the Olympic approved list remains relatively limited and unchanged (new pistols may be added only once every few years). If any additional pistols are approved in the future, they would not automatically be exempted from California laws and a future statute would be needed to add or delete pistols for the lists added by this bill. 4. Court Challenge to the Roberti-Roos Assault Weapons Act of 1989 With regard to lists of assault weapons and adding on "copycat" weapons, there has been some discussion about this bill and whether or not it would present the same kind of issues that the original Roberti-Roos Assault Weapons Control Act of 1989 was subjected to in court. There has been ongoing litigation pertaining to the authority under Roberti-Roos of the Attorney General to add additional "look alike" weapons to the assault weapons list. The California Court of Appeal Third Appellate District, held on March 4, 1998, ". . . the 'add-on' provision of the Act, embodied in Section 12276.5, is unconstitutional and unenforceable" (Kasler v. Lungren, 61 Cal.App.4th 1237). The appellate court also added language that the entire act may be subject to challenge on equal protection grounds. On May 20, 1998, the California Supreme Court granted review of the appellate decision and oral arguments were recently heard. (S069522-1998 Cal. LEXIS 3194). The California Supreme Court decision in Kasler is expected soon. Regardless of the Kasler case, the Olympic-style pistols which are exempted by this bill from the assault weapons restrictions in law are all assault weapons because of the addition of the generic definition of assault weapons added by Chapter 199, Statutes of 1999. The pistols listed in this bill are not on the list of assault weapons added to law by the 1989 Act. Neither of the lists in this bill are subject to change by any act but another statutory enactment and both lists are exclusions from the applicability of the law, not inclusionary in the restricted or affected categories. AB 2351 (Zettel) Page 8 ***************