BILL ANALYSIS �
AB 1559
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Date of Hearing: April 10, 2012
Counsel: Gabriel Caswell
ASSEMBLY COMMITTEE ON PUBLIC SAFETY
Tom Ammiano, Chair
AB 1559 (Portantino) - As Amended: February 15, 2012
As Proposed to be Amended in Committee
SUMMARY : Allows for the importation of short-barreled rifles
and short-barreled shotguns for use as a prop for a motion
picture, television, or video production or entertainment event
when the Department of Justice (DOJ) issues a permit finding
good cause as it currently does for the manufacture, possession,
transportation, or sale of short-barreled weapons.
EXISTING LAW :
1)States that upon a showing that good cause exists for issuance
of a permit to the applicant, and if the DOJ finds that
issuance of the permit does not endanger the public safety,
DOJ may issue a permit for the manufacture, possession,
transportation, or sale of short-barreled rifles or
short-barreled shotguns. The permit shall be initially valid
for a period of one year, and renewable annually thereafter.
No permit shall be issued to a person who is under 18 years of
age. �Penal Code Section 33300(a).]
2)Specifies "good cause", for the purposes of this section,
shall be limited to only the following: �Penal Code Section
33300(b).]
a) The permit is sought for the manufacture, possession, or
use with blank cartridges of a short-barreled rifle or
short-barreled shotgun, solely as a prop for a motion
picture, television, or video production or entertainment
event.
b) The permit is sought for the manufacture of, exposing
for sale, keeping for sale, sale of, importation or lending
of short-barreled rifles or short-barreled shotguns to the
entities by persons who are licensed as dealers or
manufacturers under the specified provisions of the United
AB 1559
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States Code, as amended, and the regulations issued
pursuant thereto.
FISCAL EFFECT : Unknown
COMMENTS :
1)Author's Statement : According to the author, "This measure is
needed by the entertainment industry to ensure that they do
not run into trouble with the labyrinth of laws the regulate
gun ownership and gun possession in California. This measure
will allow film and television production companies the
ability to legally import firearms for us in their activities.
We have been working with the Department of Justice and will
continue to do so to make sure that safe and responsible gun
laws are enacted in California."
2)Use of Firearms as Props : This bill adds importation of
short-barreled firearms for use as props in the entertainment
industry to existing provisions which permit the manufacture,
possession, transportation, or sale of the same weapons.
Existing law already provides for a system by which DOJ
determines if there is a public safety risk or good cause.
The permit is issued for one year and is renewable.
California's entertainment industry makes use of these
weapons. Given the existing safety provisions, this bill is a
very minor expansion of existing law.
3)Inspections : Under existing law, every person, firm or
corporation who holds a dangerous weapon or destructive device
permit is required to keep that permit on his or her person or
at the place where the dangerous weapons or destructive
devices are stored. Permits are open to inspection by any
peace officer or any person designated by the authority
issuing the permit.
4)Prior Legislation : AB 2580 (Simitian), Statutes of 2002,
Chapter 910, enables DOJ to expand its regulation enforcement
activities to include inspections of each firm or corporation
permitted to possess or manufacture short-barreled rifles or
shotguns, assault weapons, machine guns, and destructive
devices.
REGISTERED SUPPORT / OPPOSITION :
AB 1559
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Support
None
Opposition
None
Analysis Prepared by : Gabriel Caswell / PUB. S. / (916)
319-3744