BILL ANALYSIS
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THIRD READING
Bill No: AB 2351
Author: Zettel (R), et al
Amended: 6/1/00 in Senate
Vote: 21
SENATE PUBLIC SAFETY COMMITTEE : 6-0, 6/6/00
AYES: Vasconcellos, Burton, Johnston, McPherson, Polanco,
Rainey
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
ASSEMBLY FLOOR : 67-0, 5/4/00 (Passed on Consent) - See
last page for vote
SUBJECT : Weapons: manufacture, import, and sale
SOURCE : USA Shooting (National Governing Body for the
Olympic
Shooting Sports)
DIGEST : This bill would exempt listed Olympic-style
pistols from the existing restrictions in law on both
unsafe handguns and assault weapons, as specified.
ANALYSIS : 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
CONTINUED
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dealer or sheriff in smaller counties.
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:
1.Contains a list that enumerates by model and manufacturer
of semiautomatic rifles, pistols, and shotguns deemed to
be assault weapons.
2.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.
3.Allows a person who lawfully possessed an assault weapon
prior to June 1, 1989 to register the weapon with the
Department of Justice and to keep the weapon under
specified restrictions.
4.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.
5.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.
6.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, two or
three 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.
This bill exempts specified Olympic-style pistols from both
the unsafe handgun and assault weapon laws in California,
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by doing the following:
1.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.
2.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 definition of
"unsafe handgun."
3.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.
4.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.
Background
The Assembly Committee on Public Safety analysis of this
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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."
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
SUPPORT : (Verified 6/21/00)
USA Shooting (National Governing Body for the Olympic
Shooting Sports) (source)
Attorney General
California Peace Officers' Association
California Police Chiefs Association
ARGUMENTS IN SUPPORT : 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
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bill will exempt such weapons used for Olympic
style competitions to allow Californians the
opportunity to compete."
ASSEMBLY FLOOR :
AYES: Aanestad, Ackerman, Alquist, Aroner, Ashburn,
Baldwin, Baugh, Bock, Briggs, Cardenas, Cedillo, Corbett,
Correa, Cox, Cunneen, Davis, Dickerson, Ducheny, Dutra,
Firebaugh, Floyd, Gallegos, Granlund, Havice, Honda,
House, Jackson, Kaloogian, Keeley, Knox, Kuehl, Leach,
Lempert, Leonard, Longville, Machado, Maddox, Maldonado,
Margett, Mazzoni, McClintock, Migden, Nakano, Oller,
Robert Pacheco, Rod Pacheco, Papan, Pescetti, Reyes,
Romero, Scott, Shelley, Steinberg, Strickland,
Strom-Martin, Thompson, Thomson, Torlakson, Villaraigosa,
Vincent, Wayne, Wesson, Wiggins, Wildman, Wright, Zettel,
Hertzberg
NOT VOTING: Bates, Battin, Brewer, Calderon, Campbell,
Cardoza, Florez, Frusetta, Lowenthal, Olberg, Runner,
Washington, Vacancy
RJG:sl 6/21/00 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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