BILL ANALYSIS
SB 23
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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.
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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
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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