BILL ANALYSIS                                                                                                                                                                                                    







                          SENATE COMMITTEE ON Public Safety
                             Senator John Vasconcellos, Chair   A
                                1999-2000 Regular Session       B

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          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
           




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          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.)




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           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  




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            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  





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          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.







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          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  











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          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.













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