BILL ANALYSIS
SB 23 (Perata)
Page
SENATE COMMITTEE ON Public Safety
Senator John Vasconcellos, Chair S
1999-2000 Regular Session B
2
3
SB 23 (Perata)
As AmendedMarch 16, 1999
Hearing date: March 23, 1999
PenalCode
SH:jm
ADDITION TO ROBERTI-ROOS ASSAULT WEAPONS CONTROL ACT OF
1989 -
ENACTMENT OF GENERIC ASSAULT WEAPON BAN/REGISTRATION
REQUIREMENTS AND BAN ON MANUFACTURE, SALE OR TRANSFER
OF "LARGE-CAPACITY MAGAZINES "
HISTORY
Source: Handgun Control
Prior Legislation: AB 2560 (1998) - vetoed by the Governor
AB 23 (1998) - died on Assembly Floor
SB 46X (1994) - failed passage, Assembly Floor
SB 263 Chapter 954, Statutes of 1991
AB 357 Chapter 19, Statutes of 1989
SB 292 Chapter 18, Statutes of 1989
SB 1339 (1998) - provisions deleted on
Assembly Floor
(re magazine capacity)
SB 1128 (1994) - died on Assembly Floor (re
magazine capacity)
AB 334 (1989) - died in conference
SB 23 (Perata)
Page
committee
(re magazine capacity)
Support: Legal Community Against Violence; California
Nurses Association; Lutheran Office of Public
Policy; Los Gatos Town Council; Chief of Police,
Town of Los Gatos and City of Monte Sereno; Los Angeles
County District Attorney; City of Oakland; Orange County
Citizens for the Prevention of Gun Violence
Opposition:California Rifle and Pistol Association;
National Rifle Association; individual letters
KEY ISSUES
SHOULD IT BE A CRIME, PUNISHABLE BY AN ALTERNATIVE MISDEMEANOR/FELONY
("WOBBLER"), COMMENCING JANUARY 1, 2000, FOR ANY PERSON TO MANUFACTURE OR
CAUSE TO BE MANUFACTURED, IMPORT INTO THE STATE, KEEP FOR SALE, OR OFFER OR
EXPOSE FOR SALE, OR GIVE, OR LEND ANY LARGE-CAPACITY MAGAZINE, I.E. ANY
AMMUNITION FEEDING DEVICE WITH THE CAPACITY TO ACCEPT MORE THAN TEN ROUNDS, AS
SPECIFIED?
SHOULD A NEW "GENERIC" DEFINITION LIST OF ASSAULT WEAPONS BE ADDED IN A NEW
SECTION OF THE ROBERTI-ROOS ASSAULT WEAPONS CONTROL ACT OF 1989, AS SPECIFIED;
(GENERALLY PUNISHABLE AS A MISDEMEANOR/FELONY)?
SHOULD THE EXISTING ROBERTI-ROOS EXEMPTION FOR USE OF ASSAULT WEAPONS FOR
PEACE OFFICERS WHILE ON DUTY BE EXPANDED TO ALLOW SPECIFIED PEACE OFFICERS TO
USE AND POSSESS ASSAULT WEAPONS BOTH ON AND OFF DUTY AND AFTER RETIREMENT?
SHOULD NUMEROUS RELATED CHANGES BE MADE?
PURPOSE
The purpose of this bill is to make all but the possession
of "large-capacity magazines" a crime punishable as an
SB 23 (Perata)
Page
alternative misdemeanor/felony ("wobbler"); to add a new
"generic" definition list of assault weapons in a new
section of the existing Roberti-Roos Assault Weapons
Control Act of 1989; and to make numerous related changes.
Existing law , the Roberti-Roos Assault Weapons Control Act
of 1989, generally prohibits the sale, manufacture,
distribution, transport, import, possession, or lending of
assault weapons in California. Violations of the act are
generally a felony; possession is punishable as a
misdemeanor/felony (with an "exception" punishable as an
infraction). The act contains a list that enumerates the
designated semiautomatic rifles, pistols, and shotguns that
are assault weapons and subject to the Act. (Penal Code
sections 12280 and 12276)
The Roberti-Roos Act contains legislative intent language
which concludes that it is not the intent of the
Legislature in enacting Roberti-Roos ". . . to place
restrictions on the use of those weapons which are
primarily designed and intended for hunting, target
practice, or other legitimate sports or recreational
activities." (Penal Code section 12275.5)
The Attorney General is authorized to file a petition in
Superior Court to declare that additional weapons are to be
subject to the act's prohibitions on the basis that those
weapons are essentially identical to weapons on the list of
prohibited assault weapons. (Penal Code section 12276.5)
Persons who lawfully possessed an assault weapon prior to
June 1, 1989, were allowed a period of time to register
such weapons with the Department of Justice and to keep
such weapons subject to specified restrictions. Any
persons lawfully owning weapons subsequently added by the
Superior Court to the prohibited category of weapons will
be allowed a period of time to register and keep those
weapons as well. (Penal Code section 12285)
Existing law exempts "the sale to, purchase by, or
SB 23 (Perata)
Page
possession of assault weapons by the Department of Justice,
police departments, sheriffs' offices, marshals' offices,
the Department of Corrections, the Department of the
California Highway Patrol, district
attorneys' offices, or the military or naval forces of this
state or of the United States for use in the discharge of
their official duties" and provides that nothing shall
"prohibit the possession or use of assault weapons by sworn
members of these agencies when on duty and the use is
within the scope of their duties." (Penal Code section
12280(d))
Existing law contains various penalties for the use of a
machinegun or assault weapon in a crime. (Penal Code
sections 245, 12022, and 12022.5)
Existing law provides that if a firearm is used in
specified crimes, a penalty enhancement applies of an
additional ten or twenty years, or life (Penal Code section
12022.53).
This bill does the following:
a) Makes all but the possession of a "detachable
large-capacity magazine" a crime:
Makes it an alternative misdemeanor/felony,
commencing January 1, 2000, for any person who
manufactures or causes to be manufactured,
imports into the state, keeps for sale, or offers
or exposes for sale, or who gives, or lends any
detachable large-capacity magazine. Defines
"large-capacity magazine" to mean any ammunition
feeding device with the capacity to accept more
than ten rounds (both centerfire and rimfire/.22
caliber), but "shall not be construed to include
a feeding device that has been permanently
altered so that it cannot accommodate more than
10 rounds nor shall it include any .22 caliber
tube ammunition feeding device."
SB 23 (Perata)
Page
Exempts from that general prohibition: "The sale
to, or purchase of, any large-capacity ammunition
feeding device by, any federal, state, county,
city and county, or city agency that is charged
with the enforcement of any law for use in the
discharge of their official duties when on duty
and the use is authorized by the agency and is
within the course and scope of their duties" and
"sale to, or purchase of any large-capacity
ammunition feeding device by, a licensed gun
dealer."
b) Adds a new "generic" definition list of assault
weapons in a new section of the existing
Roberti-Roos Assault Weapons Control Act of 1989, as
follows:
(1) A semiautomatic, centerfire rifle that has
the capacity to accept a detachable magazine and
any one of the following:
(A) A conspicuously protruding pistol grip.
(B) A thumbhole stock.
(C) A vertical handgrip.
(D) A folding or telescoping stock.
(E) A grenade launcher or flare launcher.
(F) A threaded barrel capable of accepting a
flash suppressor, forward handgrip, or
silencer.
(2) A semiautomatic, centerfire rifle that has a
fixed magazine with the capacity to accept more
than 10 rounds.
(3) A semiautomatic, centerfire rifle that has an
overall length of less than 30 inches.
(4) A semiautomatic pistol that has the capacity
to accept a detachable magazine and any one of
the following:
SB 23 (Perata)
Page
(A) A threaded barrel.
(B) A second vertical handgrip.
(C) A shroud that is attached to, or
partially or completely encircles, the
barrel that allows the bearer to fire the
weapon without burning his or her hand,
except a slide that encloses the barrel.
(D) The capacity to accept a detachable
magazine at some location outside of the
pistol grip.
(5) A semiautomatic pistol with a fixed magazine
that has the capacity to accept more than 10
rounds.
(6) A semiautomatic shotgun that has both of the
following:
(A) A folding or telescoping stock.
(B) A conspicuously protruding pistol grip,
thumbhole stock, or vertical handgrip.
(7) A semiautomatic shotgun that has the ability
to accept a detachable magazine.
(8) Any shotgun with a revolving cylinder.
This bill exempts any antique firearm from that
generic definition and defines that term to mean
" any firearm manufactured prior to January 1,
1898."
This bill provides that the new generic
definitions shall become operative on January 1,
2000.
c) Adds to the Roberti-Roos Assault Weapons Control
Act of 1989 provisions to allow for the registration
of those "new" assault weapons and makes other
changes, as follows:
SB 23 (Perata)
Page
(1) Allows one-year from the effective date of
the new "assault weapons" added by this bill to
register those weapons as assault weapons.
(2) Provides that the penalty for first-time
possession of one of the new generic assault
weapons shall be punished as:
an infraction punishable by a fine of up to
$500, if the person was found in possession
of no more than two firearms in compliance
with the usual requirements for the lawful
possession of an assault weapon and the
person
(i) Proves that he or she lawfully possessed
the assault weapon prior to the dates it was
defined as an assault weapon pursuant to the
new section added by this bill.
(ii) Is not in possession of an assault
weapon pursuant to the previous definitions
in Roberti-Roos.
(iii) He or she has not previously been
convicted of violating this section.
(iv) He or she was found to be in possession
of the assault weapons within one year
following the end of the one-year
registration period established by this
bill.
(v) He or she has since registered the
firearms and any other lawfully obtained
firearms defined by this bill, as specified.
d) Expands the existing Roberti-Roos exemption for law
enforcement, as follows:
SB 23 (Perata)
Page
Deletes the limitation on the existing exemption
for specified officers that the possession or use
only applies when on duty and the use is within
the scope of their duties; instead allows peace
officers of the Department of Justice, local
police, sheriffs departments, marshals offices,
the Department of Corrections, CHP, district
attorneys offices, and the military, to possess
or use assault weapons whether on or off duty,
and possession by a person "retired from service
with a law enforcement agency."
e) This bill makes a number of related changes to law
and contains a severability clause; it also states
that it was the original intent of Roberti-Roos: ".
. . to ban all assault weapons, regardless of their
name, model number, or manufacture" and that "It is
the purpose of this act [SB 23] to effectively
achieve the Legislature's intent to prohibit all
assault weapons."
COMMENTS
1. Need for This Bill
The provisions in this bill as currently amended
essentially reflect another version of AB 23 (Perata),
which died last year on the Assembly Floor while on
concurrence in Senate amendments, and AB 2560 (Perata),
which was amended with further revised provisions of AB 23
and which was vetoed by the Governor last year. The author
indicates the following regarding SB 23:
The Roberti-Roos Assault Weapons Control Act of 1989
restricts assault weapons in California. In order to
add weapons to the banned list, the Attorney General
must file a petition with the Superior Court. For
example, the DOJ has been engaged in an ongoing court
SB 23 (Perata)
Page
action to add a 'copycat' weapon - the Colt Sporter -
to the list of restricted weapons.
In 1994, Congress enacted a generic ban on assault
weapons that relied in part on cosmetic appearances.
It is clear that focusing on cosmetic aspects of the
gun's appearance is not a comprehensive approach. Nor
does it really get at the whole problem.
It is clear that in the case of rifles, an assault
weapon is a semiautomatic centerfire rifle that has
one of the characteristics added in my bill, such as a
vertical handgrip or a folding or telescoping stock.
2. Current Status of Two Cases Pertaining to the
Roberti-Roos Assault Weapons Control Act of 1989
There are two cases currently before the California Supreme
Court, which are applicable to this bill. The first is the
decision of the California Court of Appeal, Sixth Appellate
District in People v. Dingman (47 Cal.App.4th 1068), which
affirmed the lower court decision that an SKS rifle which
was manufactured with a fixed magazine and was subsequently
converted to accept a detachable magazine is subject to the
requirements of the Roberti-Roos Assault Weapons Control
Act of 1989. The California Supreme Court has granted
review of that appellate decision (October 2, 1996, 924
P.2d 97).
In addition, there has been ongoing litigation pertaining
to the authority under Roberti-Roos of the Attorney General
to add "look alike" additional weapons to the assault
weapons list.
The California Court of Appeal Third Appellate District,
held on March 4, 1998 that "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.
SB 23 (Perata)
Page
On May 20, 1998, the California Supreme Court granted
review of the appellate decision (1998 Cal. LEXIS 3194).
NOTE: A related case which is not on appeal may be
relevant for understanding the impact of the assault weapon
ban in California; a 1998 Court of Appeal decision held
that "The prosecution must prove a criminal defendant has
knowledge that the weapon is an assault weapon, but need
not prove that a criminal defendant has knowledge of the
law banning the possession of unregistered assault
weapons." ( In re Jorge M. , Court of Appeal of California,
Second Appellate District, Division Four, 66 Cal. App. 4th
809 (820))
3. Large-Capacity Magazines and Firearms in This Bill
This bill would make it a crime to do anything with
detachable large capacity magazines after January 1,
2000--except possess and personally use them-punishable as
a misdemeanor/felony. Large-capacity magazines are defined
to mean any ammunition-feeding device with the capacity to
accept more than 10 rounds. That definition is not limited
to "centerfire" ammunition so would include "rimfire"
ammunition as well, which is generally .22 caliber
ammunition. One could still possess those magazines after
January 1, 2000, but could generally only transfer them to
anyone but a licensed dealer or gunsmith (for modification)
if the magazine "has been permanently altered so that it
cannot accommodate more than 10 rounds."
4. " Three-Strikes" Impact of This Bill
This bill creates a new felony/misdemeanor for persons who
do anything but possess a "large-capacity" magazine after
January 1, 2000.
This bill adds a number of new weapons to the category of
"assault weapons" which, if not lawfully possessed through
registration, are subject to a felony/misdemeanor for
SB 23 (Perata)
Page
simple possession.
Persons who have any prior felony, whether serious and
violent or not, are already prohibited from owning or
possessing a firearm, which is punishable as a felony.
They are not prohibited from possessing a large-capacity
magazine. To the extent that this bill applies to persons
otherwise in lawful possession of a firearm - but for the
fact that the firearm is an "assault weapon" - those
persons could not have had a prior felony conviction since
having such a conviction would mean that they could not
lawfully "possess" firearms of any type.
For those who cannot possess a firearm due to prior felony
convictions, prior convictions that were serious or violent
might have some effect on those persons under this bill,
since it might add another felony penalty to other
penalties the person may be subjected to for being in
possession of a firearm. However, it would seem unlikely
to be the requisite third strike for the first twenty-five
years to life sentence because having the firearm itself
would already be a felony.
California's "Three Strikes" law, AB 971 (Jones/Costa)
Chapter 12, Statutes of 1994, provides that the conviction
of any felony with a prior conviction for a violent or
serious felony must result in twice the term otherwise
provided as punishment (in this case, doubling fifteen
years to thirty years in prison). In addition, probation
may not be granted, there is no aggregate term limitation,
conduct credits are limited to 20% of the sentence
(instead of the usual 50%), and any additional convictions
must be imposed consecutively.
If the person has two prior violent or serious convictions,
the term generally would be twenty-five years to life.
5. Federal Law Regarding Assault Weapons and Large
Capacity Magazines
SB 23 (Perata)
Page
The federal assault weapons law became effective on
September 13, 1994 and banned the possession of "assault
weapons" and "large capacity ammunition feeding devices"
manufactured after that date; the federal law did not ban
or regulate those items manufactured before that date. The
federal definition of assault weapons first includes a list
of named weapons - similar but not identical to the
Roberti-Roos list of weapons and then contains a "two
characteristics" generic definition (18 USC 922 (a)(30)) -
the federal law also contains a lengthy list of weapons
which are not assault weapons; that list is not contained
in this analysis:
(30) The term "semiautomatic assault weapon" means:
(A) any of the firearms, or copies or
duplicates of the firearms in any caliber, known
as:
(i) Norinco, Mitchell, and Poly
Technologies Avtomat Kalashnikovs (all
models);
(ii) Action Arms Israeli Military Industries
UZI and Galil;
(iii) Beretta Ar70 (SC-70);
(iv) Colt AR-15;
(v) Fabrique National FN/FAL, FN/LAR, and
FNC;
(vi) SWD M-10, M-11, M-11/9, and M-12;
(vii) Steyr AUG;
(viii) INTRATEC TEC-9, TEC-DC9 and TEC-22;
and
(ix) revolving cylinder shotguns, such as
(or similar to) the Street Sweeper and
Striker 12;
(B) a semiautomatic rifle that has an ability
to accept a detachable magazine and has at least
2 of:
SB 23 (Perata)
Page
(i) a folding or telescoping stock;
(ii) a pistol grip that protrudes
conspicuously beneath the action of the
weapon;
(iii) a bayonet mount;
(iv) a flash suppressor or threaded barrel
designed to accommodate a flash
suppressor; and
(v) a grenade launcher;
(C) a semiautomatic pistol that has an ability
to accept a detachable
magazine and has at least 2 of:
(i) an ammunition magazine that attaches to
the pistol outside of the pistol grip;
(ii) a threaded barrel capable of accepting
a barrel extender, flash suppressor,
forward handgrip, or silencer;
(iii) a shroud that is attached to, or
partially or completely encircles, the
barrel and that permits the shooter to
hold the firearm with the nontrigger hand
without being burned;
(iv) a manufactured weight of 50 ounces or
more when the pistol is
unloaded; and
(v) a semiautomatic version of an automatic
firearm; and
(D) a semiautomatic shotgun that has at least
2 of:
(i) a folding or telescoping stock;
(ii) a pistol grip that protrudes
conspicuously beneath the action of the
weapon;
(iii) a fixed magazine capacity in excess of
5 rounds; and
(iv) an ability to accept a detachable
SB 23 (Perata)
Page
magazine.
SHOULD CALIFORNIA ADOPT A "ONE CHARACTERISTIC" GENERIC
DEFINITION OF ASSAULT WEAPON RATHER THAN A "TWO
CHARACTERISTIC" DEFINITION AS IS CONTAINED IN FEDERAL LAW?
The Federal law contains the following definition regarding
magazines (18 USC 922(a)(31)):
(31) The term "large capacity ammunition feeding
device":
(A) means a magazine, belt, drum, feed strip, or
similar device manufactured after the date of
enactment of the Violent Crime Control and Law
Enforcement Act of 1994 that has a capacity of,
or that can be readily restored or converted to
accept, more than 10 rounds of ammunition; but
(B) does not include an attached tubular device
designed to accept, and capable of operating
only with, .22 caliber rimfire ammunition.
6. The Expanded Peace Officer Exemption Contained in This
Bill
This bill revises the Roberti-Roos Act exemption for peace
officers which exempts:
the sale to, purchase by, or possession of assault
weapons by the Department of Justice, police
departments, sheriffs' offices, marshals' offices, the
Department of Corrections, the Department of the
California Highway Patrol, district attorneys'
offices, or the military or naval forces of this state
or of the United States for use in the discharge of
their official duties" and provides that nothing shall
"prohibit the possession or use of assault weapons by
sworn members of these agencies when on duty and the
use is within the scope of their duties." (Penal Code
SB 23 (Perata)
Page
section 12280(d))
This bill removes the limitation on those officers
possession and use of assault weapons to allow that
possession and use whether on duty or off-duty and extends
that exemption into retirement.
The federal law assault weapon exemption for peace officers
(who are allowed to possess/buy/transfer/use all
pre-9/13/94 assault weapons as can any other person)
generally includes while on duty or off duty and then adds
an additional exemption for peace officers in retirement as
follows:
The law also provides an exception for assault weapons
and feeding devices transferred to law enforcement
officers by their agencies upon retirement. Neither
this exception nor the exception for official use
permits officers to retain their weapons or feeding
devices after retiring or leaving the agency or to
acquire additional items.
Officers who retire or leave their employment with a
law enforcement agency should transfer their assault
weapons and large capacity ammunition feeding devices
to a Federal firearms licensee or another qualified
officer. (18 U.S.C. 922(v)(4), (w)(3))
SHOULD THE EXISTING ROBERTI-ROOS EXEMPTION FOR THE NAMED
PEACE OFFICERS TO USE AND POSSESS ASSAULT WEAPONS BE
EXPANDED TO THOSE OFF-DUTY AND IN RETIREMENT?
An anomaly may also be created by this bill and the
limitation on all but the possession of detachable
large-capacity magazines. Penal Code section 12020, which
is amended by this bill pertaining to magazines, already
contains a broad exemption for peace officers which would
appear to allow peace officers to purchase detachable large
capacity magazines while on-duty and the use is authorized
by the employing agency and within the course and scope of
SB 23 (Perata)
Page
their duties (section 12020(b)(12)). This bill further
reiterates that existing provision in a new section,
12020(b)(19). That exemption would not appear to allow the
purchase and use and transfer by peace officers of
detachable large capacity magazines when the officer is
off-duty (although many officers have 24-hour peace officer
powers) and when retired.
7. Requested Additional Exemption for Specified State
Peace Officers from CAUSE
The California Union of Safety Employees has requested that
this bill be amended to additionally allow the following
agencies to purchase-and their state peace officer
employees to use and possess-assault weapons when on duty
and the use is authorized by the agency and is within the
course and scope of their duties:
Penal Code section 830.2 (e) peace officers -
Department of Fish and Game.
Penal Code section 830.2 (f) peace officers -
Department of Parks and Recreation.
Penal Code section 830.2 (h) peace officers -
Department of Alcoholic Beverage Control.
(NOTE: re the following subsections, the preface to
section 830.3 provides that the officers "may carry
firearms only if authorized and under those terms and
conditions as specified by their employing agencies.")
Penal Code Section 830.3 (a) peace officers are
Division of Investigation of the Department of
Consumer Affairs and investigators of the Medical
Board of California and the Board of Dental Examiners,
who are designated by the Director of Consumer
Affairs. The Director of Consumer Affairs shall
designate as peace officers seven persons who shall at
the time of their designation be assigned to the
SB 23 (Perata)
Page
investigations unit of the Board of Dental Examiners.
Penal Code Section 830.3 (c) peace officers are
Department of Motor Vehicles investigators plus
designated executives in the DMV.
Penal Code Section 830.3 (i) peace officers are the
Chief of the Bureau of Fraudulent Claims of the
Department of Insurance and those investigators
designated by the chief.
Adding an exemption for those state peace officers would
allow them to use both the original Roberti-Roos listed
weapons and those assault weapons that are included in the
generic definition added by this bill. CAUSE states that
those officers should be exempted from the prohibitions on
use and possession of assault weapons and includes the
following reasons for such an exemption:
These six categories of specialized peace officers
represent members of law enforcement under existing
law currently use weapons that would be deemed
"assault weapons" under SB 23. While these "tools"
are not always used during the course of their duties,
it is important to remember that these specialized
peace officers are responsible for serving high risk
warrants, patrolling vast expanses of land and for
game control, where in some instances animals have
attacked humans. CAUSE knows that under these
situations it is not only responsible to equip these
peace officers with these firearms it would be
irresponsible not to do so.
The State Parks Peace Officers Association has also written
in support of adding those officers as part of an expanded
peace officer exemption and state that those officers "no
less than any others working dangerous areas and
conditions, should be allowed access to whatever means and
tools are available to protect and preserve life and
property."
SB 23 (Perata)
Page
It does appear that the original peace officer exemption in
the Roberti-Roos Act was derived from the exemption that is
contained in other provisions of law pertaining to
short-barreled rifles and shotguns, machine guns (fully
automatic weapons), and silencers and which pre-existed
Roberti-Roos. Whether any further discussion of actual
peace officer needs went beyond that level of discussion
when Roberti-Roos was enacted is not clear. As noted
above, this bill would additionally further exempt the
specified peace officers exempted in Roberti-Roos while on
duty, etc., to allow those officers to possess assault
weapons off-duty and in retirement as well.
SHOULD THESE SIX STATE PEACE OFFICER CATEGORIES BE EXEMPTED
FROM THE PROVISIONS OF ROBERTI-ROOS - AS AMENDED BY THIS
BILL - SO THAT THEY MAY USE ASSAULT WEAPONS "WHEN ON DUTY
AND THE USE IS AUTHORIZED BY THE AGENCY AND IS WITHIN THE
COURSE AND SCOPE OF THEIR DUTIES"?
8. Department of Justice Costs Created by This Bill
The Roberti-Roos Assault Weapons Control Act of 1989
requires the Department of Justice to "conduct a public
education and notification program regarding the
registration of assault weapons, including outreach to
local law enforcement agencies and utilization of public
service announcements in a variety of media approaches, to
ensure maximum publicity of the limited forgiveness period
of the registration requirement." (Penal Code section
12289)
The Department is to "develop posters describing gun
owners' responsibilities under this chapter which shall be
posted in a conspicuous place in every licensed gun store
in the state during the forgiveness period."
The costs of that program which cannot be absorbed by the
Department are to be paid for from the DROS account -
Dealer's Record of Sale account which contains the fees
SB 23 (Perata)
Page
paid by applicants to buy firearms and pay for background
checks - upon appropriation by the Legislature.
Since Roberti-Roos was enacted the DROS account has been
limited by SB 670 (Chapter 901, Statutes of 1996) which
limited the maximum DROS fee to $14 - with a cost of living
increase allowed - and limited the use of the DROS fee
account monies to specified items pertaining to background
checks.
Given those existing limitations, the funds available in
the DROS account may not be so readily available in 2000 as
they may have been in 1990. Therefore there may need to be
future discussions about the costs of implementing SB 23
and how the Department of Justice may be able to pay those
costs.
9. Existing Penalty Enhancements - Effect of This Bill
This bill does not increase the penalty enhancements that
currently apply for the use of assault weapons in criminal
acts. However, the generic definition of assault weapons
added by this bill will include more weapons, which may
trigger those existing enhancements. Those include Penal
Code Section 245(a)(3) for assault on another with an
assault weapon - four, eight or twelve years; Section
245(d)(3) assault on a peace office or firefighter - six,
nine, or twelve years; Section 12022(a)(2) armed with an
assault weapon in the commission of any felony - three
years (including if any other person involved is personally
armed); and Section 12022.5(b)(2) if the person personally
uses an assault weapon - five, six, or ten years.
These enhancements are in addition to any other
enhancements under "10-20-Life" and to any effects of the
"Three-strikes" law and would apply in addition to any
violations of the possession of a detachable large-capacity
magazine if SB 23 were enacted.
SB 23 (Perata)
Page
10. Opposition to This Bill
The California Rifle and Pistol Association letter in
opposition to this bill includes the following:
The definitions of "Assault Weapons" status in
proposed penal code section 12276.1 are far in excess
of similar definitions in the federal "Assault
Weapons" law, and would sweep in traditional hunting
and recreational firearms that no one actually
familiar with firearms would consider to be "Assault
Weapons".
Given the use limitations placed on "Assault Weapons"
under exiting state law, the very restrictive
definitions in this proposed section would unfairly
impact thousands of lawful firearms owners like those
who enjoy hunting and other firearms related sports on
public lands such as the state and national forests. .
. At a minimum, conformance to the attribute based
definitions already in federal law would lead to
better public understanding of the state law and
facilitate enforcement by officers in the field.
CRPA believes the 10 round ammunition capacity limit
for magazines is inappropriate as many firearms come
factory equipped with larger magazines and, in order
to compete in national marksmanship competitions, 20
rounds is required. There are million of magazines
currently owned that have capacities greater than 10
rounds. Will the state reimburse the owners of these
magazines for the costs of having them modified to
accept no more than 10 rounds or will the state "take"
these magazines through confiscation or others means?
The NRA has indicated with the author and staff of the
committee that "conspicuously protruding pistol grip" is
confusing and that there are no standards in the bill about
what would constitute a permanent alteration to a
detachable large-capacity magazine.
SB 23 (Perata)
Page
11. Possible Author's Amendments to This Bill
In addition to the CAUSE peace officer exemption discussed
in Comment # 7, the author may, in addition to technical
amendments, propose to change the references in the bill
concerning the "conspicuously protruding pistol grip"
pertaining to a semiautomatic, centerfire rifle and a
semiautomatic shotgun to read, instead:
On page 29, line 38, strike out " a conspicuously
protruding pistol grip." and insert:
A pistol grip that protrudes conspicuously
beneath the action of the weapon .
On page 30, line 26, after "A," strike out
"conspicuously protruding," and after "pistol grip,"
insert:
that protrudes conspicuously beneath the action of
the weapon .
The author may propose that the language pertaining to a
semiautomatic, centerfire rifle and "threaded barrel" be
amended to instead read:
On page 30, line 13, after "barrel," insert:
capable of accepting a flash suppressor, forward
handgrip, or silencer
The author may also propose that the language pertaining to
a semiautomatic pistol capable of accepting a detachable
magazine and which has a "second vertical handgrip" to
delete the word "vertical" (on page 30, Line 14, after
"second," strike-out "vertical").
***************
SB 23 (Perata)
Page