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