BILL ANALYSIS
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|SENATE RULES COMMITTEE | SB 23|
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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
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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,
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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.
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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
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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:
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(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
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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
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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:
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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
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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
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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
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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?"
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RJG:cm 7/12/99 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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