BILL ANALYSIS ------------------------------------------------------------ |SENATE RULES COMMITTEE | SB 23| |Office of Senate Floor Analyses | | |1020 N Street, Suite 524 | | |(916) 445-6614 Fax: (916) | | |327-4478 | | ------------------------------------------------------------ UNFINISHED BUSINESS Bill No: SB 23 Author: Perata (D), et al Amended: 7/12/99 Vote: 21 SENATE PUBLIC SAFETY COMMITTEE : 4-0, 3/23/99 AYES: Vasconcellos, Burton, Johnston, McPherson NOT VOTING: Polanco, Rainey SENATE APPROPRIATIONS COMMITTEE : 9-4, 5/27/99 AYES: Johnston, Alpert, Bowen, Burton, Escutia, Karnette, McPherson, Perata, Vasconcellos NOES: Johnson, Kelley, Leslie, Mountjoy SENATE FLOOR : 23-13, 6/1/99 AYES: Alarcon, Alpert, Bowen, Burton, Chesbro, Dunn, Escutia, Figueroa, Hayden, Hughes, Johnston, McPherson, Murray, O'Connell, Ortiz, Peace, Perata, Polanco, Schiff, Sher, Solis, Speier, Vasconcellos NOES: Baca, Haynes, Johannessen, Johnson, Kelley, Knight, Leslie, Lewis, Monteith, Morrow, Mountjoy, Poochigian, Wright NOT VOTING: Brulte, Costa, Karnette, Rainey ASSEMBLY FLOOR : Not available SUBJECT : Firearms: assault weapons SOURCE : Handgun Control DIGEST : This bill: CONTINUED SB 23 Page 2 1.Provides that it is 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 to 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. 2.Adds a new "generic" definition list of assault weapons in a new section of the Roberti-Roos Assault Weapons Control Act of 1989, as specified (generally punishable as a misdemeanor/felony). 3.Expands the existing Roberti-Roos exemption for use of assault weapons for peace officers while on duty to allow specified peace officers to use and possess assault weapons on and off duty and after retirement if that weapon is transferred to the retiring officer by the agency he or she is retiring from. 4.Makes numerous related changes. Assembly Amendments : 1.Delete reference to "detachable" magazine. The bill now applies to large capacity magazines. 2.Adds numerous exemptions to the possession of the bill (p. 3-4 of analysis). 3.Allows the State Department of Justice to issue exemption permits, as specified in analysis, upon the showing of good cause. 4.Defines "antique firearm" as being manufactured prior to 1899 rather than 1898. 5.Adds double-joining language to SB 359. ANALYSIS : Existing law, the Roberti-Roos Assault Weapons Control Act of 1989, generally prohibits the sale, manufacture, distribution, transport, import, possession, SB 23 Page 3 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. The Roberti-Roos Act contains legislative intent language which concludes that it is not the intent of the Legislature in enacting Roberi-Roos "?to place restrictions on the use of those weapons which are primarily designed and intended for hunting, target practice, and other legitimate sports or recreational activities." 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. Persons who lawfully possessed an assault weapon prior to June 1, 1989, were allowed a period of time to register such weapons with the State Department of Justice (DOJ) 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. Existing law exempts "the sale to, purchase by, or possession of assault weapons by DOJ, police departments, sheriffs' offices, marshals' offices, the State Department of Corrections (DOC), the State Department of the California Highway Patrol (CHP), 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." Existing law contains various penalties for the use of a machinegun or assault weapon in a crime. SB 23 Page 4 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. This bill: 1.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 (except to any person licensed pursuant to Section 12071 of the Penal Code), 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." 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." The bill also contains the following exemptions and provisions: A. The loan of a lawfully possessed large-capacity magazine between two individuals if all of the following conditions are met: (1) The person being loaned the large-capacity magazine is not prohibited by Section 12021, 12021.1, or 12010 of this code or Section 8100 or 8103 of the Welfare and Institutions Code from SB 23 Page 5 possessing firearms or ammunition. (2) The loan of the large-capacity magazine occurs at a place or location where the possession of the large-capacity magazine is not otherwise prohibited and the person who lends the large-capacity magazine remains in the accessible vicinity of the person to whom the large-capacity magazine is loaned. B. The importation of a large-capacity magazine by a person who lawfully possessed the large-capacity magazine in the state prior to January 1, 2000, lawfully took it out of the state, and is returning to the state with the large-capacity magazine previously lawfully possessed in the state. 2.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: A. A semiautomatic, centerfire rifle that has the capacity to accept a detachable magazine and any one of the following: (1) A pistol grip that protrudes conspicuously beneath the action of the weapon. (2) A thumbhole stock. (3) A second handgrip. (4) A folding or telescoping stock. (5) A grenade launcher or flare launcher. (6) A threaded barrel capable of accepting a flash suppressor, forward handgrip, or silencer. B. A semiautomatic, centerfire rifle that has a fixed magazine with the capacity to accept more than ten rounds C. A semiautomatic, centerfire rifle that has an overall length of less than 30 inches. D. A semiautomatic pistol that has the capacity to accept a detachable magazine and any of the following: SB 23 Page 6 (1) A threaded barrel (2) A second vertical handgrip. (3) 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. (4) The capacity to accept a detachable magazine at some location outside of the pistol grip. E. A semiautomatic pistol with a fixed magazine that has the capacity to accept more than ten rounds. F. A semiautomatic shotgun that has both of the following: (1) A folding or telescoping stock. (2) A pistol grip that protrudes conspicuously beneath the action of the weapon, thumbhole stock or vertical handgrip. G. A semiautomatic shotgun that has the ability to accept a detachable magazine. H. Any shotgun with a revolving cylinder. 3.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: A. Allows one-year from the effective date of the new "assault weapons" added b this bill to register those weapons as assault weapons. B. Provides that the penalty for the first-time possession of one of the new generic assault weapons shall be punished as: an infraction punishable for 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 of the lawful possession of an assault SB 23 Page 7 weapon and the person (1) 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. (2) Is not in possession of an assault weapon pursuant to the previous definitions in Roberti-Roos. (3) He or she has not previously been convicted of violating this section. (4) 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. (5) He or she has since registered the firearms and any other lawfully obtained firearms defined by this bill, as specified. 4.Expands the existing Roberti-Roos exemption for law enforcement, as follows: 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 DOJ, local police, sheriffs departments, marshals offices, DOC, 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," when that assault weapon is transferred to the individual by the agency upon his or her retirement. 5.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 the 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 SB 23 Page 8 intent to prohibit all assault weapons." DOJ Costs Created by this Bill The Roberti-Roos Assault Weapons Control Act of 1989 requires DOJ to "conduct a public education and notification program regarding the registration of assault weapons, including outreach of 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." DOJ 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 DOJ are to be paid for from the Dealer's Record of Sale (DROS) account, which contains the fees 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 increased 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 this bill and how DOJ may be able to pay those costs. Prior Legislation AB 2560 (Perata, 1997-1998 Session): Senate Floor Vote: 24-12. Vetoed by the Governor. Senate Floor vote: SB 23 Page 9 AYES: Alpert, Ayala, Burton, Calderon, Costa, Dills, Greene, Hayden, Hughes, Johnston, Karnette, Kopp, Lockyer, Maddy, McPherson, O'Connell, Polanco, Rosenthal, Schiff, Sher, Solis, Thompson, Vasconcellos, Watson NOES: Brulte, Hurtt, Johannessen, Johnson, Kelley, Knight, Lewis, Monteith, Mountjoy, Peace, Rainey, Wright Votes for current members of the Senate who voted on AB 2560 as an Assemblymember: AYES: Bowen, Escutia, Figueroa, Murray, Ortiz, Perata NOES: Baca, Morrow, Poochigian AB 23 (1997-98 Session): Senate Floor Vote: 23-14. Died on the Assembly Floor. SB 46X (1993-94 Session). Failed passage on the Assembly Floor. SB 263 - Chapter 954, Statutes of 1991. AB 257 - Chapter 19, Statutes of 1989. SB 292 - Chapter 18, Statutes of 1989. SB 1339 (1997-98 Session). Provisions deleted on Assembly Floor (re magazine capacity). SB 1128 (1993-94 Session). Died on Assembly Floor (re magazine capacity). AB 334 (1989-90 Session). Died in Conference Committee (re magazine capacity). FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes Local: Yes Fiscal Impact (in thousands) Major Provisions 1999-2000 2000-01 2001-02 Fund Felonies & sentence Unknown increased costs, in excess SB 23 Page 10 of General Enhancements $150 annually, and potentially significant For incarceration in state prison Misdemeanors Unknown increased mandated, nonreim- Local bursable costs for county jail and probation DOJ registration and $885 $630 unknown Special* public education Potentially fully offset by increased fee revenues Courts Probably less than $50 annually for Increased workload *Dealers' Record of Sale Account **Trial Court Trust Fund SUPPORT : (Verified 5/28/99) 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 League of Women Voters in California OPPOSITION : (Verified 5/28/99) California Rifle and Pistol Association National Rifle Association individual letters ARGUMENTS IN SUPPORT : The provisions in this bill as SB 23 Page 11 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 this bill: "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 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." 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 SB 23 Page 12 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." ARGUMENTS IN OPPOSITION : 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?" SB 23 Page 13 RJG:cm 7/12/99 Senate Floor Analyses SUPPORT/OPPOSITION: SEE ABOVE **** END ****