BILL ANALYSIS �
SJR 7
Page 1
SENATE THIRD READING
SJR 7 (Padilla)
As Introduced May 23, 2011
Majority vote
SENATE VOTE :21-15
PUBLIC SAFETY 5-2
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|Ayes:|Ammiano, Cedillo, Hill, | | |
| |Mitchell, Skinner | | |
| | | | |
|-----+--------------------------+-----+--------------------------|
|Nays:|Knight, Hagman | | |
| | | | |
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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.
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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
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.
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,
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or a tubular magazine that is contained in a lever-action
firearm.
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
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.
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.
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.
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.
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.
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
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exemptions.
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.
FISCAL EFFECT : Unknown. This bill is keyed non-fiscal by the
Legislative Counsel.
COMMENTS : 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
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stopped when attempting to reload. The large magazine enabled
Loughner to fire three times the amount of bullets as a regular
magazine."
Please see the policy committee analysis for a full discussion
of this bill.
Analysis Prepared by : Stella Choe / PUB. S. / (916) 319-3744
FN: 0001615