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
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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