BILL ANALYSIS
SB 23
Page 1
( Without Reference To File )
SENATE THIRD READING
SB 23 (Perata)
As Amended July 12, 1999
Majority vote
SENATE VOTE :23-13
PUBLIC SAFETY 6-2 APPROPRIATIONS 12-3
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|Ayes:|Honda, Cunneen, Aroner, |Ayes:|Migden, Cedillo, |
| |Keeley, Romero, | |Hertzberg, Kuehl, Aroner, |
| |Washington | |Romero, Shelley, |
| | | |Steinberg, Thomson, |
| | | |Wesson, Wiggins, Wright, |
| | | |Longville |
| | | | |
|-----+--------------------------+-----+--------------------------|
|Nays:|Battin, Oller |Nays:|Brewer, Ackerman, |
| | | |Campbell, |
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SUMMARY : Adds a "generic" definition of assault weapons to the
Assault Weapons Control Act of 1989; makes manufacturing,
importing, selling, lending, or giving of a large-capacity
magazine, (i.e., any ammunition feeding device with a capacity
to accept more than 10 rounds) an alternate felony/misdemeanor
with specified exceptions; and, makes numerous related changes.
Specifically, this bill :
1)Makes it an alternate felony/misdemeanor, commencing January
1, 2000, for any person who manufactures or causes to be
manufactured, imports into California, keeps for sale, offers
or exposes for sale, gives away, or lends any large-capacity
magazine with specified exceptions.
2)Defines "large-capacity magazine" as any ammunition feeding
device with the capacity to accept more than 10 rounds, but
shall not include a feeding device that has been permanently
altered so that it cannot accept more than 10 rounds, nor
shall it include any .22 caliber tube ammunition feeding
device.
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3)Defines "assault weapon" as the following:
a) A semiautomatic, centerfire rifle that has the capacity
to accept a detachable magazine and has at least one of the
following:
i) a pistol grip that protrudes conspicuously beneath
the action of the weapon;
ii) a thumbhole stock;
iii) a vertical handgrip;
iv) a folding or telescoping stock;
v) a grenade launcher or flare launcher;
vi) a flash suppressor; or,
vii) a forward pistolgrip;
b) A semiautomatic, centerfire rifle that has a fixed
magazine with the capacity to accept more than 10 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 has at least one of the following:
i) a threaded barrel, capable of accepting a flash
suppressor, forward handgrip, or silencer;
ii) a second handgrip;
iii) 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,
excepting a slide that encloses the barrel; or,
iv) 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 10 rounds;
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f) A semiautomatic shotgun that has both of the following:
i) a folding or telescoping stock; and,
ii) 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; and,
h) Any shotgun that has a revolving cylinder.
4)Provides that any person who within California manufactures,
imports into California, offers for sale, or who gives or
lends any assault weapon with specified exceptions is guilty
of a felony punishable by imprisonment in the state prison for
four, six, or eight years.
5)Provides that a first-time violation for the unlawful
possession of an assault weapon is an infraction punishable by
a fine of up to $500 if the person was found with no more than
two firearms in a specified location and the person meets all
of the following conditions:
a) The person proves that he or she lawfully possessed the
assault weapon prior to the date it was defined as an
assault weapon;
b) The person is not found to be in possession of an
assault weapon which was prohibited under the Roberti-Roos
Assault Weapons Control Act of 1989;
c) He or she has not previously been convicted of an
"assault weapons violation;"
d) He or she was found to be in possession of the assault
weapons within one year of the one-year established
registration period; and,
e) He or she has since registered or relinquished the
firearms as prescribed.
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6)Provides that a second or subsequent violation for possession
of an assault weapon shall be punishable as an alternate
felony/misdemeanor.
7)Allows specified sworn peace officers to possess or use
assault weapons for law enforcement purposes, whether on or
off duty, and allows the sale or transfer of an assault weapon
by a law enforcement agency to a sworn officer upon retirement
from specified law enforcement agencies
8)Makes conforming changes to provisions relating to the
commission of offenses while armed with a firearm, or where a
firearm was used in the commission of the offense.
FISCAL EFFECT : Unknown
COMMENTS : According to the author, "The Roberti-Roos Assault
Weapons Control Act of 1989 restricts assault weapons in
California. Copycat and similar weapons those explicitly banned
have circumvented the law. This bill creates a fair and
equitable definition that treats owners of identical weapons
equally under the law. In doing so, it addresses the concerns
of the courts surrounding current law.
"SB 23 takes weapons that are made, then modified, named and
re-named off the market. It fixes the loophole in current law
that bans guns by name, not by capability, by providing a
generic definition of the weapons."
Please see the policy committee analysis for a more
comprehensive discussion of this bill.
Analysis Prepared by : Gregory Pagan / PUB. S. / (916) 319-3744
FN: 0001978