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 8, 1999
Policy Committee: Public
SafetyVote: 6-2
Urgency: No State Mandated Local
Program:YesReimbursable: No
SUMMARY :
This bill adds a generic definition of assault weapons to the
Roberti-Roos Assault Weapons Control Act of 1989; makes
manufacturing, importing, selling, or lending 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 an
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 with the capacity to
accept a detachable magazine, which 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 and/or a semiautomatic,
centerfire rifle that has an overall length of less than 30
inches.
c) A semiautomatic pistol that can use 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 barrel shroud that allows the bearer to fire
the weapon without burning the hand.
iv) The capacity to accept a detachable magazine at some
location outside of the pistol grip.
d) A semiautomatic pistol with a fixed magazine that has
the capacity to accept more than 10 rounds.
e) 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.
f) A semiautomatic shotgun with the ability to accept a
detachable magazine.
g) 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 established in this bill.
4)Makes a first-time violation for 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 guns 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.
SB 23
Page 3
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
weapon(s) within one year of the one-year registration
period.
5)Makes a series of conforming changes relating to the
commission of offenses while armed with a firearm.
FISCAL EFFECT
1)By applying existing penalties for possession, manufacture, or
sales of assault weapons to an expanded generic definition,
and by adding large capacity magazines to the list of
prohibited weapons, this bill will create unknown, but
potentially significant annual costs for increased state
incarceration.
According to the Department of Corrections, existing data is not
sufficient to provide an estimate.
Based, however, 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, and
considering the 10-20-life gun-use enhancements that already
exist and exceed the enhancements related to this measure,
increased state incarceration costs would not likely exceed
$500,000 in the next five years.
2)Significant costs to the Department of Justice (DOJ) -
$900,000 in 1999-2000 and $750,000 in 2000-01 - for public
education, fingerprinting, forensics training and data
improvements. These costs will likely be fully offset by
Dealer Record of Sale fees, though the DOJ notes it cannot
predict how many assault weapons will be registered, and
therefore cannot estimate revenues.
COMMENT
SB 23
Page 4
1)Rationale . According to the author, copycat weapons have
circumvented the Roberti-Roos Assault Weapons Control Act of
1989. This bill attempts to create a definition that treats
owners of identical weapons equally under the law and
addresses legal concerns related to the current definitions.
"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."
2)Current law contains a list that enumerates by model and
manufacturer the weapons deemed assault weapons, and
authorizes the Attorney General to file a petition in Superior
Court to declare the additional weapons are prohibited because
they are essentially identical to weapons on the list of
prohibited assault weapons.
3)Peace Officer Exemptions . Current law exempts specified law
enforcement agencies from the restrictions regarding assault
weapons in the performance of their official duties, and
allows the possession of assault weapons by sworn members of
these agencies when on duty. This bill expands this exemption
to include specified peace officers, whether on or off duty,
for law enforcement purposes, and retired peace officers who
possess assault weapons transferred to an individual by the
agency upon his or her retirement. Under federal law, peace
officers upon leaving their employment are required to
transfer their assault weapons and large-capacity ammunition
feeding devices to a federal firearms licensee or other
qualified officer.
As noted in the Assembly Public Safety Committee analysis, the
exemption in this bill is a departure from existing law as it
allows possession and use of assault weapons while an officer
is off duty, and does not require authorization from the
employing law enforcement agencies.
Under this bill, sworn members of the DOJ, police departments,
sheriff's departments, marshal's office, Youth and Adult
Correctional Agency, California Highway Patrol (CHP), district
attorney's offices, military or naval forces of California or
the United States are permitted to possess and use assault
weapons in the discharge of their official duties, whether on
or off duty.
SB 23
Page 5
4) Amendments :
a)In the Assembly Public Safety Committee July 7 the bill was
amended to add Department of Fish and Game wardens, state
park rangers, Alcoholic Beverage Control investigators,
Consumer Affairs investigators, DMV investigators, and
Insurance Fraud Investigators. Proposed author's
amendments would delete all of these entities other than
state park rangers and fish and game wardens.
b)Join this bill to SB 359, Knight, which deals with reserve
peace officers, and passed this committee on consent and is
pending concurrence on consent on the Senate floor.
c)Strike "vertical handgrip" from the definition of assault
weapon in relation to a semiautomatic, centerfire rifle
with a detachable magazine, and replaces it with "forward
pistol grip."
Analysis Prepared by : Geoff Long / APPR. / (916)319-2081