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
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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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