BILL ANALYSIS SB 23 Page 1 Date of Hearing: July 12, 1999 ASSEMBLY COMMITTEE ON APPROPRIATIONS Carole Migden, Chairwoman SB 23 (Perata) - As Amended: July 7, 1999 Policy Committee: Public SafetyVote: > Urgency: No State Mandated Local Program:YesReimbursable: No SUMMARY : This bill 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 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, punishable by 16 months, 2, or 3 years in state prison, or one year in county jail, to manufacture, import into California, keep for sale, give away, or lend, any large-capacity magazine, with specified exceptions. Defines large-capacity magazine as any ammunition feeding device with the capacity to accept more than 10 rounds, but excludes a feeding device permanently altered so it cannot accept more than 10 rounds, and any .22 caliber tube ammunition feeding device. 2)Defines assault weapons generically, based upon 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. SB 23 Page 2 vii) A forward handgrip. b) A semiautomatic, centerfire rifle with a fixed magazine that accepts more than 10 rounds. c) A semiautomatic, centerfire rifle that has an overall length of less than 30 inches. d) A semiautomatic pistol that can use 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 attached to the barrel that allows the bearer to fire the weapon without burning his or her hand, excepting a slide that encloses the barrel. 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. f) A semiautomatic shotgun that has both of the following: i) A folding or telescoping stock. 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. h) Any shotgun that has a revolving cylinder. 3)Applies the existing felony punishment of 4, 6, or 8 years in state prison for the manufacture, import, sale, or loan of any assault weapon with specified exceptions to the generic definition of assault weapon as established in this bill. 4)Makes a first-time violation for the unlawful possession of an assault weapon an infraction punishable by a fine of up to $500 if the person was found with no more than two firearms in SB 23 Page 3 a specified location and the person meets all of the following conditions: a) The person proves the weapon was lawfully possessed 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 prohibited under the Roberti-Roos Assault Weapons Control Act of 1989. c) The person has not previously been convicted of an assault weapons violation. d) The person was found to be in possession of the assault weapons within one year of the one-year established registration period. 5)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 6)Makes a series of conforming changes relating to the commission of offenses while armed with a firearm. FISCAL EFFECT By applying existing penalties for possession, manufacture or sales of assault weapons to an expanded generic definition, this bill will create unknown, but potentially significant annual costs for increased state incarceration. Based on the 16 persons committed to state prison in 1997-98 for related assault weapon violations, and related sentence enhancements for an additional 25 persons, in the range of $ , based on Analysis Prepared by : Geoff Long / APPR. / (916)319-2081