BILL ANALYSIS �
AB 2549
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ASSEMBLY THIRD READING
AB 2549 (Hall)
As Amended May 21, 2012
Majority vote
PUBLIC SAFETY 4-2 APPROPRIATIONS 11-1
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|Ayes:|Ammiano, Hall, Hagman, |Ayes:|Fuentes, Blumenfield, |
| |Skinner | |Bradford, Campos, Davis, |
| | | |Gatto, Hall, Hill, Lara, |
| | | |Mitchell, Solorio |
| | | | |
|-----+--------------------------+-----+--------------------------|
|Nays:|Knight, Mitchell |Nays:|Donnelly |
| | | | |
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SUMMARY : Allows a peace officer who purchases an assault weapon
with his or her own money to keep that firearm upon retirement.
Specifically, this bill :
1)Requires that the verifiable written authorization from an
officer's employer necessary to exempt the officer from
restrictions on possession of an assault weapon include language
specifying that the use of the weapon "is for law enforcement
purposes, whether on or off duty."
2)Provides that a peace officer who purchases an assault weapon or
.50 Browning Machine Gun (BMG) rifle on or after January 1, 2013,
can only purchase one such weapon and is not authorized to
purchase another unless he or she has relinquished the original
weapon and also transferred registration of the weapon out of his
or her name.
3)Provides that if a peace officer lawfully purchases and registers
an assault weapon or .50 BMG rifle and subsequently honorably
retires from the law enforcement agency where he or she was
employed, the officer shall notify the Department of Justice (DOJ)
of his or her change in status and continued ownership of the
weapon within 90 days of retirement.
4)Provides that an honorably retired peace officer who is in
possession of an assault weapon or .50 BMG rifle that he or she
lawfully purchased as specified, and who has honorably retired
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from a law enforcement agency prior to January 1, 2013, shall not
be required to surrender the weapon so long as the officer
notifies DOJ of his or her change in status and continued
ownership of the assault weapon or .50 BMG rifle on or before
April 1, 2013.
5)States that the term "honorably retired" includes all peace
officers who have qualified for and accepted a service or
disability retirement, but does not include an officer who has
agreed to a service retirement in lieu of termination.
6)Requires DOJ to develop a program authorizing a retired officer to
file a "change of status" form for the purpose of keeping an
assault weapon upon retirement.
7)Requires the DOJ to develop and adopt a form for this purpose.
8)Allows the DOJ to charge the retired officer seeking to file the
change of status form a fee to cover the reasonable cost of
providing this service.
EXISTING LAW :
1)Contains legislative findings and declarations that the
proliferation and use of assault and .50 BMG rifles poses a threat
to the health, safety, and security of all citizens of California.
2)States legislative intent to place restrictions on the use of
assault weapons and .50 BMG rifles and to establish a registration
and permit procedure for their lawful sale and possession.
3)Defines an "assault weapon," as specified.
4)Defines a ".50 BMG rifle and cartridge," as specified.
5)Makes the manufacture, distribution, transportation, importation,
sale, gift or loan of an assault weapon or a .50 BMG rifle a
criminal offense.
6)Makes the possession of assault weapons a criminal offense,
subject to certain exceptions.
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7)Exempts the DOJ, law enforcement agencies, military forces, and
other specified agencies from the prohibition against sales to,
purchase by, importation of, or possession of assault weapons or
.50 BMG rifles.
8)Allows specified sworn peace officers to possess or use assault
weapons for law enforcement purposes, whether on or off duty.
9)Allows specified sworn peace officers to purchase and possess
assault weapons with their own money provided that the peace
officer has verifiable written authorization from his or her
employer to possess or receive the specific assault weapon and
also that the officer registers it with the DOJ.
10)Requires that any person who lawfully possesses an assault
weapon, as specified, must register the firearm with DOJ, as
specified.
FISCAL EFFECT : According to the Assembly Appropriations Committee,
minor costs, less than $100,000, to the DOJ to develop a process for
retired officers to file a change-of-status form. The bill
authorizes the DOJ to charge a fee to cover the reasonable cost of
the process.
COMMENTS : According to the author, "AB 2549 clarifies the practice
used prior to the Attorney General's opinion that if an officer
legally purchases an assault weapon for law enforcement purposes
with their own money and registers that weapon in their own name,
they are allowed to keep that firearm for their own protection after
they retire.
"This measure would require the retired peace officer to notify the
Department of Justice (DOJ) as to their retired status, pay a small
fee for the DOJ to make those changes to their files and be subject
to all of the laws that currently apply to persons owning assault
weapons who were authorized to do so prior to the ban."
Please see the policy committee analysis for a full discussion of
this bill.
Analysis Prepared by : Sandy Uribe / PUB. S. / (916) 319-3744 FN:
0003736
AB 2549
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