BILL ANALYSIS �
SJR 7
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Date of Hearing: July 7, 2011
Counsel: Stella Choe
ASSEMBLY COMMITTEE ON PUBLIC SAFETY
Tom Ammiano, Chair
SJR 7 (Padilla) - As Introduced: May 23, 2011
SUMMARY : Memorializes the Legislature's support of the
proposed federal Large Capacity Ammunition Feeding Device Act.
Specifically, this bill :
1)States that large-capacity ammunition magazines have been used
in numerous mass shootings, including in Tucson on January 8,
2011; Virginia Tech on April 16, 2007; Fort Hood on November
5, 2009; Columbine High School on April 20, 1999; San
Francisco at 101 California Street on July 1, 1993; and the
Long Island Railroad on December 7, 1993. In total, 91 people
died and 114 were injured in these attacks.
2)Recognizes that large-capacity ammunition magazines increased
the lethality of the Tucson attack on January 8, 2011,
according to Tucson law enforcement. The shooter was able to
rapidly fire at least 30 shots from one ammunition magazine,
hitting 19 people, including United States Representative
Gabrielle Giffords, and killing six others, including a
nine-year-old girl and a federal judge.
3)States that the attack was limited to the capacity of the
shooter's ammunition magazine; when the magazine was empty,
the shooter was stopped while attempting to reload another
large-capacity ammunition magazine. A large-capacity
ammunition magazine enabled the shooter to fire more than
three times the rounds of a standard ammunition magazine.
4)Recognizes that ammunition magazines containing more than 10
rounds were banned under the Federal Assault Weapons Act,
which Congress did not renew in 2004.
5)Recognizes that only six states and the District of Columbia
currently limit the capacity of ammunition magazines.
6)States that on January 18, 2011, United States Representative
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Carolyn McCarthy introduced H.R. 308, the Large Capacity
Ammunition Feeding Device Act, and on January 25, 2011, United
States Senator Frank Lautenberg introduced S. 32, the Large
Capacity Ammunition Feeding Device Act, both of which prohibit
the transfer, possession, and import of large capacity
ammunition magazines.
7)States that the Legislature of the State of California
supports H.R. 308, the Large Capacity Ammunition Feeding
Device Act, introduced by United States Representative Carolyn
McCarthy and S. 32, the Large Ammunition Feeding Device Act,
introduced by United States Senator Frank Lautenberg.
8)Urges the President and Congress of the United States to enact
the Large Capacity Ammunition Feeding Act.
9)Requests the Secretary of the Senate to transmit copies of
this resolution to the President and Vice President of the
United States, to the Speaker of the House of Representatives,
to each Senator and Representative from California in the
Congress of the United States, and to the author for
appropriate distribution.
EXISTING LAW :
1)Makes it an alternate felony/misdemeanor, commencing January
1, 2000, for any person who manufactures or causes to be
manufactured, imports into the state, keeps for sale, or
offers or exposes for sale, or who gives, or lends, any
large-capacity magazine, with specified exceptions. �Penal
Code Section 12020(a)(2).]
2)Defines "large-capacity magazine" as any ammunition feeding
device with the capacity to accept more than 10 rounds, but
shall not be construed to include a feeding device that has
been permanently altered so that it cannot accommodate more
than 10 rounds, a .22 caliber tube ammunition feeding device,
or a tubular magazine that is contained in a lever-action
firearm. �Penal Code Section 12020(c)(25).]
3)Exempts the sale of, giving of, lending of, importation into
this state of, or purchase of, any large-capacity magazine to
or by any federal, state, county, city and county, or city
agency that is charged with the enforcement of any law, for
use by agency employees in the discharge of their official
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duties whether on or off duty, and where the use is authorized
by the agency and is within the course and scope of their
duties. �Penal Code Section 12020(b)(19).]
4)Exempts the sale to, lending to, transfer to, purchase by,
receipt of, or importation into this state of, a
large-capacity magazine by a sworn peace officer, as defined
in existing provisions of law, who is authorized to carry a
firearm in the course and scope of his or her duties. �Penal
Code Section 12020(b)(20).]
5)Exempts the importation of a large-capacity magazine by a
person who lawfully possessed the large-capacity magazine in
the state prior to January 1, 2000, lawfully took it out of
the state, and is returning to the state with the
large-capacity magazine previously lawfully possessed in the
state. �Penal Code Section 12020(b)(23).]
6)Exempts the manufacture of a large-capacity magazine for
export or for sale to government agencies or the military
pursuant to applicable federal regulations. �Penal Code
Section 12020(b)(30)(C).]
7)Exempts the manufacture of a "large-capacity magazine" for
purchase by the holders of special weapons permits, or the
loan for use solely as a prop for a motion picture,
television, or video production, for export pursuant to
federal regulations, for resale to law enforcement agencies,
government agencies, or the military, pursuant to applicable
federal regulations. �Penal Code Section 12020(b)(33)(A-C).]
8)States that any person who, within this state, manufactures or
causes to be manufactured, distributes, transports, or imports
into the state, keeps for sale, or offers or exposes for sale,
or who gives or lends any assault weapon or any .50 BMG rifle,
except as provided by this chapter, is guilty of a felony, and
upon conviction shall be punished by imprisonment in the state
prison for four, six, or eight years, with specified
exemptions. �Penal Code Section 12280(a)(1).]
9)Exempts the sale to or purchase of assault weapons by
specified state and federal law enforcement agencies for the
possession or use by sworn peace officers for law enforcement
purposes, whether on or off duty. �Penal Code Section
12280(f-g).]
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FISCAL EFFECT : Unknown
COMMENTS :
1)Author's Statement : According to the author, "California
currently bans the manufacture, sale, and use of large
capacity magazines, as well as five other states, and the
District of Columbia. However, a ban at the federal level is
necessary to ensure these magazines do not come from other
states. We should support the federal efforts to reinstate
the prohibition on large capacity magazines without delay to
protect public safety.
"Senate Joint Resolution 7 would formalize California's support
for H.R. 308 and S. 32 'The Large Capacity Feeding Device
Act.' The Federal act would ban large capacity magazines for
guns and rifles. In 1994 Congress passed the Violent Crime
Control and Law Enforcement Act, more commonly known as the
Federal Assault Weapons Ban. This Act included a ban on large
magazines. In 2004 however, Congress failed to renew the Act,
which ended the ban on large magazines.
"Civilians have no need to own or use large capacity magazines;
large capacity magazines are not necessary for hunting or
self-defense. Standard hunting rifles are usually equipped
with no more than a five-round magazine and a standard pistol
magazine holds six to 10 rounds. Large capacity magazines
enable shooters to injure or kill many people quickly before
reloading. A well-trained shooter armed with a semi-automatic
pistol and large capacity magazines can fire at a rate of more
than six rounds per second, or about 30 rounds every five
seconds.
"On January 8, 2011, in Tucson, Arizona, Jared Lee Loughner used
his Glock pistol equipped with a 30-round large capacity
magazine to kill six people, including a 9-year-old girl and a
federal judge. Nineteen others were injured, including U.S.
Representative Gabrielle Giffords. The shooter used a large
capacity magazine to rapidly fire 31 bullets. He was only
stopped when attempting to reload. The large magazine enabled
Loughner to fire three times the amount of bullets as a
regular magazine."
2)Federal Assault Weapons Ban : The federal assault weapons law
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(Violent Crime Control and Law Enforcement Act, H.R. 3355 ,
Pub.L. 103-322 ), became effective on September 13, 1994, and
banned the possession of "assault weapons" and "large-capacity
ammunition feeding devices," defined as a magazine capable of
holding more than 10 rounds of ammunition, manufactured after
that date. That law expired in 2004 and has not been
reenacted.
3)Arguments in Support :
a) According to Legal Community Against Violence , "SJR 7
would express the California Legislature's support for H.R.
308 (McCarthy) and S. 32 (Lautenberg), two federal bills
that would prohibit the possession of large capacity
ammunition magazines nationwide. Federal law previously
outlawed the possession of large capacity ammunition
magazines as part of the 1994 assault weapons ban, but that
prohibition expired when Congress failed to renew the
assault weapons ban in 2004. Because only a handful of
states, including California, regulate these magazines,
action is desperately needed at the federal level.
"Large capacity ammunition magazines, some of which can hold
up to 100 rounds of ammunition, are military-style devices
that have no place in the consumer market, and compelling
evidence indicates that the now-expired federal ban has a
significant impact on the use of these dangerous magazines
in crime. According to the Washington Post, while the
federal ban was in effect, the Virginia State Police
experienced a significant decline in the number of firearms
with large capacity magazines that were recovered in
crimes, reaching a low of 10% in 2004. After the ban
expired, the number of crime guns with large capacity
magazines steadily increased each year, and, by 2010,
nearly 22% of guns recovered in crimes had large capacity
magazines."
b) According to the Violence Prevention Coalition of Orange
County , "Large capacity ammunition magazines are designed
in such a way as to enable shooting mass numbers of people
quickly and efficiently without reloading. They have been
used in numerous mass shootings, including in Tucson,
Virginia Tech, Fort Hood and Columbine. It should be noted
that they are not useful for hunting or self-defense.
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"It seems reasonable to assume that very large magazines
increased the lethality and the body count of the shootings
previously noted. In Tucson, the shooter was able to
rapidly fire at least 30 shots from one magazine, hitting
19 people, including Rep. Giffords, killing 6, including a
9-year-old girl and a federal judge. The damage was
limited to the firepower of his magazine; when it was
empty, he stopped while attempting to reload.
Unfortunately, a large capacity magazine enabled him to
fire more than three times the rounds of a standard
magazine.
"As you know, in California we limit the capacity of
magazines to no more than ten bullets, which is a standard
magazine. This is reasonable public policy that will not
hinder the use of firearms for citizens; but will increase
public safety."
4)Argument in Opposition : According to the National Rifle
Association of America , "The 1994-2004 magazine ban had no
effect on crime.
"Violent crime (one-quarter of which involves firearms) and
property crime (none of which involves firearms began
declining before the federal magazine ban of 1994-2004 was
imposed. Both types of crime continued to fall after the ban
expired, for reasons that have nothing to do with gun control.
"Multiple independent studies have found no evidence that gun
control reduces crime and the 1994 ban would be among the gun
control laws least likely to do so. Congress' study of the
ban found that the magazines 'had never been used in more than
a modest fraction of all gun murders' in the first place. The
study also 'failed to produce any evidence that the ban
reduced the number of victims per gun homicide incident' and
found that 'the average number of wounds for pistol victims
�about two wounds per victim] did not decrease' after the ban.
"A follow-up study found that 'gunshot injury incidents
involving pistols �which use magazines] were less likely to
produce death than those involving revolvers �which don't use
magazines].' It also found that 'the average number of wounds
for pistol victims was actually lower than that for revolver
victims.'
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"Over the last 20 years, as the number of magazines that hold
more than 10 rounds has soared to an all-time high, the
nation's murder rate has plummeted 53%, to at least a 50-year
low.
"The official report on the Virginia Tech shootings of 2007, in
which 15-round magazines were used, concluded that if the
criminal had been limited to 10-round magazines, it 'would not
have made much difference.'"
5)Prior Legislation :
a) SB 23 (Perata), Chapter 129, Statutes of 1999, made it
an alternate felony/misdemeanor, commencing January 1,
2000, for any person to manufacture or cause to be
manufactured, import into California, keep for sale, offer
or expose for sale, give away, or lend any large-capacity
magazine with specified exemptions.
b) SB 1483 (Perata), of the 1999-2000 Legislative Session,
would have exempted tubular magazines contained in
lever-action firearms from the "large-capacity magazine"
restrictions, and exempts the manufacture of
"large-capacity magazines" for use by specific law
enforcement agencies, peace officers, and firearm
licensees. SB 1483 passed this Committee, but was later
amended and became a vehicle for an unrelated matter.
c) SB 626 (Perata), Chapter 937, Statutes of 2001, exempts
the manufacture of a large-capacity magazine for certain
law enforcement agents, peace officers, government
agencies, the military, or for export, and specifies
additional magazines that are not included within the
definition of ''large-capacity magazine.''
REGISTERED SUPPORT / OPPOSITION :
Support
California Chapters of the Brady Campaign to Prevent Gun
Violence
City of Pleasanton
City of Stockton
Coalition Against Gun Violence, a Santa Barbara County Coalition
Legal Community Against Violence
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Violence Prevention Coalition of Orange County
Women Against Gun Violence
Opposition
National Rifle Association of America
Analysis Prepared by : Stella Choe / PUB. S. / (916) 319-3744