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 ----------------------------------------------------------------- |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, | ----------------------------------------------------------------- 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. SB 23 Page 2 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; SB 23 Page 3 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. SB 23 Page 4 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