SENATE COMMITTEE ON Public Safety
Senator John Vasconcellos, Chair
1999-2000 Regular Session
SB 23 (Perata)
As AmendedMarch 16, 1999
Hearing date: March 23, 1999
PenalCode
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Table of Contents, emphasis and comments in red added by J. Phillips.
HISTORY OF PREV. RELATED BILLS
WHAT THE BILL WOULD DO
COMMENTS/DISCUSSION
Prior Legislation:
AB 2560 (1998) - vetoed by the Governor
AB 23 (1998) - died on Assembly Floor
SB 46X (1994) - failed passage, Assembly Floor
SB 263 Chapter 954, Statutes of 1991
AB 357 Chapter 19, Statutes of 1989
SB 292 Chapter 18, Statutes of 1989
SB 1339 (1998) - provisions deleted on Assembly Floor (re magazine capacity)
SB 1128 (1994) - died on Assembly Floor (re. magazine capacity)
AB 334 (1989) - died in conference committee (re magazine capacity)
Support:
Legal Community Against Violence;
California Nurses Association;
Lutheran Office of Public Policy;
Los Gatos Town Council;
Chief of Police, Town of Los Gatos and City of Monte Sereno;
Los Angeles County District Attorney;
City of Oakland;
Orange County Citizens for the Prevention of Gun Violence
Opposition:
California Rifle and Pistol Association;
National Rifle Association;
individual letters
SHOULD IT BE A CRIME, PUNISHABLE BY AN ALTERNATIVE MISDEMEANOR/FELONY ("WOBBLER"), COMMENCING JANUARY 1, 2000, FOR ANY PERSON TO MANUFACTURE OR CaUSE TO BE MANUFACTURED, IMPORT INTO THE STATE, KEEP FOR SALE, OR OFFER OR EXPOSE FOR SALE, OR GIVE, OR LEND ANY LARGE-CAPACITY MAGAZINE, i.e., ANY AMMUNITION FEEDING DEVICE WITH THE CAPACITY TO ACCEPT MORE THAN TEN ROUNDS, AS SPECIFIED?
SHOULD A NEW "GENERIC" DEFINITION LIST OF ASSAULT WEAPONS BE ADDED IN A NEW SECTION OF THE ROBERTI-ROOS ASSAULT WEAPONS CONTROL ACT OF 1989, AS SPECIFIED; (GENERALLY PUNISHABLE AS A MISDEMEANOR/FELONY)?
SHOULD THE EXISTING ROBERTI-ROOS EXEMPTION FOR USE OF ASSAULT WEAPONS FOR PEACE OFFICERS WHILE ON DUTY BE EXPANDED TO ALLOW SPECIFIED PEACE OFFICERS TO USE AND POSSESS ASSAULT WEAPONS BOTH ON AND OFF DUTY AND AFTER RETIREMENT?
SHOULD NUMEROUS RELATED CHANGES BE MADE?
The purpose of this bill is: to make all but the possession of "large-capacity magazines" a crime punishable as an alternative misdemeanor/felony ("wobbler"); to add a new "generic" definition list of assault weapons in a new section of the existing Roberti-Roos Assault Weapons Control Act of 1989; and to make numerous related changes.
Existing law, the Roberti-Roos Assault Weapons Control Act of 1989, generally prohibits the sale, manufacture, distribution, transport, import, possession, or lending of assault weapons in California. Violations of the act are generally a felony; possession is punishable as a misdemeanor/felony (with an "exception" punishable as an infraction). The act contains a list that enumerates the designated semiautomatic rifles, pistols, and shotguns that are assault weapons and subject to the Act. (Penal Code sections 12280 and 12276)
The Roberti-Roos Act contains legislative intent language which concludes that it is not the intent of the Legislature in enacting Roberti-Roos ". . . to place restrictions on the use of those weapons which are primarily designed and intended for hunting, target practice, or other legitimate sports or recreational activities." (Penal Code section 12275.5)
The Attorney General is authorized to file a petition in Superior Court to declare that additional weapons are to be subject to the act's prohibitions on the basis that those weapons are essentially identical to weapons on the list of prohibited assault weapons. (Penal Code section 12276.5)
Persons who lawfully possessed an assault weapon prior to June 1, 1989, were allowed a period of time to register such weapons with the Department of Justice and to keep such weapons subject to specified restrictions. Any persons lawfully owning weapons subsequently added by the Superior Court to the prohibited category of weapons will be allowed a period of time to register and keep those weapons as well. (Penal Code section 12285)
Existing law exempts "the sale to, purchase by, or possession of assault weapons by the Department of Justice, police departments, sheriffs' offices, marshals' offices, the Department of Corrections, the Department of the California Highway Patrol, district attorneys' offices, or the military or naval forces of this state or of the United States for use in the discharge of their official duties" and provides that nothing shall "prohibit the possession or use of assault weapons by sworn members of these agencies when on duty and the use is within the scope of their duties." (Penal Code section 12280(d))
Existing law contains various penalties for the use of a machinegun or assault weapon in a crime. (Penal Code sections 245, 12022, and 12022.5)
Existing law provides that if a firearm is used in specified crimes, a penalty enhancement applies of an additional ten or twenty years, or life (Penal Code section 12022.53).
This bill does the following:
a) Makes all but the possession of a "detachable large-capacity magazine" a crime:
Makes it an alternative misdemeanor/felony, 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 detachable large-capacity magazine. Defines "large-capacity magazine" to mean any ammunition feeding device with the capacity to accept more than ten rounds (both centerfire and rimfire/.22 caliber), but "shall not be construed to include a feeding device that has been permanently altered so that it cannot accommodate more than 10 rounds nor shall it include any .22 caliber tube ammunition feeding device."Exempts from that general prohibition: "The sale to, or purchase of, any large-capacity ammunition feeding device by, any federal, state, county, city and county, or city agency that is charged with the enforcement of any law for use in the discharge of their official duties when on duty and the use is authorized by the agency and is within the course and scope of their duties" and "sale to, or purchase of any large-capacity ammunition feeding device by, a licensed gun dealer."
[but not manufacturing for such sale]
b) Adds a new "generic" definition list of assault weapons in a new section of the existing Roberti-Roos Assault Weapons Control Act of 1989, as follows:
(1) A semiautomatic, centerfire rifle that has the capacity to accept a detachable magazine and any one of the following:(A) A conspicuously protruding pistol grip.
(B) A thumbhole stock.
(C) A vertical handgrip.
(D) A folding or telescoping stock.
(E) A grenade launcher or flare launcher.
(F) A threaded barrel capable of accepting a flash suppressor, forward handgrip, or silencer.(2) A semiautomatic, centerfire rifle that has a fixed magazine with the capacity to accept more than 10 rounds.
(3) A semiautomatic, centerfire rifle that has an overall length of less than 30 inches.
[Compare to 26 inches in penal code definition of concealable firearm.]
(4) A semiautomatic pistol that has the capacity to accept a detachable magazine and any one of the following:
(A) A threaded barrel.
(B) A second vertical handgrip.
(C) A shroud that is attached to, or partially or completely encircles, the barrel that allows the bearer to fire the weapon without burning his or her hand, except a slide that encloses the barrel.
(D) The capacity to accept a detachable magazine at some location outside of the pistol grip.(5) A semiautomatic pistol with a fixed magazine that has the capacity to accept more than 10 rounds.
(6) A semiautomatic shotgun that has both of the following:
(A) A folding or telescoping stock.
(B) A conspicuously protruding pistol grip, thumbhole stock, or vertical handgrip.(7) A semiautomatic shotgun that has the ability to accept a detachable magazine.
(8) Any shotgun with a revolving cylinder.
This bill exempts any antique firearm from that generic definition and defines that term to mean "any firearm manufactured prior to January 1, 1898."
This bill provides that the new generic definitions shall become operative on January 1, 2000.
c) Adds to the Roberti-Roos Assault Weapons Control Act of 1989 provisions to allow for the registration of those "new" assault weapons and makes other changes, as follows:
(1) Allows one-year from the effective date of the new "assault weapons" added by this bill to register those weapons as assault weapons.(2) Provides that the penalty for first-time possession of one of the new generic assault weapons shall be punished as:
an infraction punishable by a fine of up to $500, if the person was found in possession of no more than two firearms in compliance with the usual requirements for the lawful possession of an assault weapon and the person(i) Proves that he or she lawfully possessed the assault weapon prior to the date it was defined as an assault weapon pursuant to the new section added by this bill.[1-1-2000](ii) Is not in possession of an assault weapon pursuant to the previous definitions in Roberti-Roos.[can't already have 1 permitted/registered]
(iii) He or she has not previously been convicted of violating this section.
(iv) He or she was found to be in possession of the assault weapons within one year following the end of the one-year registration period established by this bill.
(v) He or she has since registered the firearms and any other lawfully obtained firearms defined by this bill, as specified.
d) Expands the existing Roberti-Roos exemption for law enforcement, as follows:
Deletes the limitation on the existing exemption for specified officers that the possession or use only applies when on duty and the use is within the scope of their duties; instead allows peace officers of the Department of Justice, local police, sheriffs departments, marshals offices, the Department of Corrections, CHP, district attorneys offices, and the military, to possess or use assault weapons whether on or off duty, and [allows] possession by a person "retired from service with a law enforcement agency."
e) This bill makes a number of related changes to law and contains a severability clause; it also states that it was the original intent of Roberti-Roos: ". . . to ban all assault weapons, regardless of their name, model number, or manufacture" and that "It is the purpose of this act [SB 23] to effectively achieve the Legislature's intent to prohibit all assault weapons."
The provisions in this bill as currently amended essentially reflect another version of AB 23 (Perata), which died last year on the Assembly Floor while on concurrence in Senate amendments, and AB 2560 (Perata), which was amended with further revised provisions of AB 23 and which was vetoed by the Governor last year. The author indicates the following regarding SB 23:
The Roberti-Roos Assault Weapons Control Act of 1989 restricts assault weapons in California. In order to add weapons to the banned list, the Attorney General must file a petition with the Superior Court. For example, the DOJ has been engaged in an ongoing court action to add a 'copycat' weapon - the Colt Sporter - to the list of restricted weapons.In 1994, Congress enacted a generic ban on assault weapons that relied in part on cosmetic appearances. It is clear that focusing on cosmetic aspects of the gun's appearance is not a comprehensive approach. Nor does it really get at the whole problem.
It is clear that in the case of rifles, an assault weapon is a semiautomatic centerfire rifle that has one of the characteristics added in my bill, such as a vertical handgrip or a folding or telescoping stock.
2. Current Status of Two Cases Pertaining to the Roberti-Roos Assault Weapons Control Act of 1989
There are two cases currently before the California Supreme Court, which are applicable to this bill. The first is the decision of the California Court of Appeal, Sixth Appellate District in People v. Dingman (47 Cal.App.4th 1068), which affirmed the lower court decision that an SKS rifle which was manufactured with a fixed magazine and was subsequently converted to accept a detachable magazine is subject to the requirements of the Roberti-Roos Assault Weapons Control Act of 1989. The California Supreme Court has granted review of that appellate decision (October 2, 1996, 924 P.2d 97).
In addition, there has been ongoing litigation pertaining to the authority under Roberti-Roos of the Attorney General to add "look alike" additional weapons to the assault weapons list.
The California Court of Appeal Third Appellate District, held on March 4, 1998 that "The 'add-on' provision of the Act, embodied in Section 12276.5, is unconstitutional and unenforceable" ( Kasler v. Lungren , 61 Cal.App.4th 1237). The appellate court also added language that the entire act may be subject to challenge on equal protection grounds.
On May 20, 1998, the California Supreme Court granted review of the appellate decision (1998 Cal. LEXIS 3194).
NOTE: A related case which is not on appeal may be relevant for understanding the impact of the assault weapon ban in California; a 1998 Court of Appeal decision held that "The prosecution must prove a criminal defendant has knowledge that the weapon is an assault weapon, but need not prove that a criminal defendant has knowledge of the law banning the possession of unregistered assault weapons." ( In re Jorge M., Court of Appeal of California, Second Appellate District, Division Four, 66 Cal. App. 4th 809 (820))
3. Large-Capacity Magazines and Firearms in This Bill
This bill would make it a crime to do anything with detachable large capacity magazines after January 1, 2000--except possess and personally use them--punishable as a misdemeanor/felony. Large-capacity magazines are defined to mean any ammunition-feeding device with the capacity to accept more than 19 rounds. That definition is not limited to "centerfire" ammunition so would include "rimfire" ammunition as well, which is generally .22 caliber ammunition. One could still possess those magazines after January 1, 2000, but could generally only transfer them to anyone but [other than] a licensed dealer or gunsmith (for modification) if the magazine "has been permanently altered so that it cannot accommodate more than 10 rounds."
[Note the incorrect "19" which was from an earlier version of the bill.]
4. " Three-Strikes" Impact of This Bill
This bill creates a new felony/misdemeanor for persons who do anything but possess a "large-capacity" magazine after January 1, 2000.
This bill adds a number of new weapons to the category of "assault weapons" which, if not lawfully possessed through registration, are subject to a felony/misdemeanor for simple possession.
Persons who have any prior felony, whether serious and violent or not, are already prohibited from owning or possessing a firearm, which is punishable as a felony. They are not prohibited from possessing a large-capacity magazine. To the extent that this bill applies to persons otherwise in lawful possession of a firearm - but for the fact that the firearm is an "assault weapon" - those persons could not have had a prior felony conviction since having such a conviction would mean that they could not lawfully "possess" firearms of any type.
For those who cannot possess a firearm due to prior felony convictions, prior convictions that were serious or violent might have some effect on those persons under this bill, since it might add another felony penalty to other penalties the person may be subjected to for being in possession of a firearm. However, it would seem unlikely to be the requisite third strike for the first twenty-five years to life sentence beCaUSE having the firearm itself would already be a felony.
California's "Three Strikes" law, AB 971 (Jones/Costa) Chapter 12, Statutes of 1994, provides that the conviction of any felony with a prior conviction for a violent or serious felony must result in twice the term otherwise provided as punishment (in this case, doubling fifteen years to thirty years in prison). In addition, probation may not be granted, there is no aggregate term limitation, conduct credits are limited to 20% of the sentence (instead of the usual 50%), and any additional convictions must be imposed consecutively.
If the person has two prior violent or serious convictions, the term generally would be twenty-five years to life.
5. Federal Law Regarding Assault Weapons and Large Capacity Magazines
The federal assault weapons law became effective on September 13, 1994 and banned the possession of "assault weapons" and "large capacity ammunition feeding devices" manufactured after that date; the federal law did not ban or regulate those items manufactured before that date. The federal definition of assault weapons first includes a list of named weapons - similar but not identical to the Roberti-Roos list of weapons and then contains a "two characteristics" generic definition (18 USC 922 (a)(30)) - the federal law also contains a lengthy list of weapons which are not assault weapons; that list is not contained in this analysis:
(30) The term "semiautomatic assault weapon" means:(A) any of the firearms, or copies or duplicates of the firearms in any caliber, known as:(i) Norinco, Mitchell, and Poly Technologies Avtomat Kalashnikovs (all models);
(ii) Action Arms Israeli Military Industries UZI and Galil;
(iii) Beretta Ar70 (SC-70);
(iv) Colt AR-15;
(v) Fabrique National FN/FAL, FN/LAR, and FNC;
(vi) SWD M-10, M-11, M-11/9, and M-12;
(vii) Steyr AUG;
(viii) INTRATEC TEC-9, TEC-DC9 and TEC-22; and
(ix) revolving cylinder shotguns, such as (or similar to) the Street Sweeper and Striker 12;(B) a semiautomatic rifle that has an ability to accept a detachable magazine and has at least 2 of:
(i) a folding or telescoping stock;
(ii) a pistol grip that protrudes conspicuously beneath the action of the weapon;
(iii) a bayonet mount;
(iv) a flash suppressor or threaded barrel designed to accommodate a flash suppressor; and
(v) a grenade launcher;(C) a semiautomatic pistol that has an ability to accept a detachable magazine and has at least 2 of:
(i) an ammunition magazine that attaches to the pistol outside of the pistol grip;
(ii) a threaded barrel capable of accepting a barrel extender, flash suppressor, forward handgrip, or silencer;
(iii) a shroud that is attached to, or partially or completely encircles, the barrel and that permits the shooter to hold the firearm with the nontrigger hand without being burned;
(iv) a manufactured weight of 50 ounces or more when the pistol is unloaded; and
(v) a semiautomatic version of an automatic firearm; and(D) a semiautomatic shotgun that has at least 2 of:
(i) a folding or telescoping stock;
(ii) a pistol grip that protrudes conspicuously beneath the action of the weapon;
(iii) a fixed magazine capacity in excess of 5 rounds; and
(iv) an ability to accept a detachable magazine.SHOULD CALIFORNIA ADOPT A "ONE CHARACTERISTIC" GENERIC DEFINITION OF ASSAULT WEAPON RATHER THAN A "TWO CHARACTERISTIC" DEFINITION AS IS CONTAINED IN FEDERAL LAW?
The Federal law contains the following definition regarding magazines (18 USC 922(a)(31)):
(31) The term "large capacity ammunition feeding device":(A) means a magazine, belt, drum, feed strip, or similar device manufactured after the date of enactment of the Violent Crime Control and Law Enforcement Act of 1994 that has a capacity of, or that can be readily restored or converted to accept, more than 10 rounds of ammunition; but(B) does not include an attached tubular device designed to accept, and capable of operating only with, .22 caliber rimfire ammunition.
6. The Expanded Peace Officer Exemption Contained in This Bill
This bill revises the Roberti-Roos Act exemption for peace officers which exempts:
the sale to, purchase by, or possession of assault weapons by the Department of Justice, police departments, sheriffs' offices, marshals' offices, the Department of Corrections, the Department of the California Highway Patrol, district attorneys' offices, or the military or naval forces of this state or of the United States for use in the discharge of their official duties" and provides that nothing shall "prohibit the possession or use of assault weapons by sworn members of these agencies when on duty and the use is within the scope of their duties." (Penal Code section 12280(d))
This bill removes the limitation on those officers possession and use of assault weapons to allow that possession and use whether on duty or off-duty and extends that exemption into retirement.
[without regard for registration or permits]
The federal law assault weapon exemption for peace officers (who are allowed to possess/buy/transfer/use all pre-9/13/94 assault weapons as can any other person) generally includes while on duty or off duty and then adds an additional exemption for peace officers in retirement as follows:
The law also provides an exception for assault weapons and feeding devices transferred to law enforcement officers by their agencies upon retirement. Neither this exception nor the exception for official use permits officers to retain their weapons or feeding devices after retiring or leaving the agency or to acquire additional items.Officers who retire or leave their employment with a law enforcement agency should transfer their assault weapons and large capacity ammunition feeding devices to a Federal firearms licensee or another qualified officer. (18 U.S.C. 922(v)(4), (w)(3))
SHOULD THE EXISTING ROBERTI-ROOS EXEMPTION FOR THE NAMED PEACE OFFICERS TO USE AND POSSESS ASSAULT WEAPONS BE EXPANDED TO THOSE OFF-DUTY AND IN RETIREMENT?
An anomaly may also be created by this bill and the limitation on all but the possession of detachable large-capacity magazines. Penal Code section 12020, which is amended by this bill pertaining to magazines, already contains a broad exemption for peace officers which would appear to allow peace officers to purchase detachable large capacity magazines while on-duty and the use is authorized by the employing agency and within the course and scope of their duties (section 12020(b)(12)). This bill further reiterates that existing provision in a new section, 12020(b)(19). That exemption would not appear to allow the purchase and use and transfer by peace officers of detachable large capacity magazines when the officer is off-duty (although many officers have 24-hour peace officer powers) and when retired.
7. Requested Additional Exemption for Specified State Peace Officers from CaUSE
The California Union of Safety Employees has requested that this bill be amended to additionally allow the following agencies to purchase--and their state peace officer employees to use and possess--assault weapons when on duty and the use is authorized by the agency and is within the course and scope of their duties:
Penal Code section 830.2 (e) peace officers - Department of Fish and Game.Penal Code section 830.2 (f) peace officers - Department of Parks and Recreation.
Penal Code section 830.2 (h) peace officers - Department of Alcoholic Beverage Control.
(NOTE: re the following subsections, the preface to section 830.3 provides that the officers "may carry firearms only if authorized and under those terms and conditions as specified by their employing agencies.")
Penal Code Section 830.3 (a) peace officers are Division of Investigation of the Department of Consumer Affairs and investigators of the Medical Board of California and the Board of Dental Examiners, who are designated by the Director of Consumer Affairs. The Director of Consumer Affairs shall designate as peace officers seven persons who shall at the time of their designation be assigned to the investigations unit of the Board of Dental Examiners.
Penal Code Section 830.3 (c) peace officers are Department of Motor Vehicles investigators plus designated executives in the DMV.
Penal Code Section 830.3 (i) peace officers are the Chief of the Bureau of Fraudulent Claims of the Department of Insurance and those investigators designated by the chief.
Adding an exemption for those state peace officers would allow them to use both the original Roberti-Roos listed weapons and those assault weapons that are included in the generic definition added by this bill. CaUSE states that those officers should be exempted from the prohibitions on use and possession of assault weapons and includes the following reasons for such an exemption:
These six categories of specialized peace officers represent members of law enforcement under existing law currently use weapons that would be deemed "assault weapons" under SB 23. While these "tools" are not always used during the course of their duties, it is important to remember that these specialized peace officers are responsible for serving high risk warrants, patrolling vast expanses of land and for game control, where in some instances animals have attacked humans. CaUSE knows that under these situations it is not only responsible to equip these peace officers with these firearms it would be irresponsible not to do so.
The State Parks Peace Officers Association has also written in support of adding those officers as part of an expanded peace officer exemption and state that those officers "no less than any others working dangerous areas and conditions, should be allowed access to whatever means and tools are available to protect and preserve life and property."
It does appear that the original peace officer exemption in the Roberti-Roos Act was derived from the exemption that is contained in other provisions of law pertaining to short-barreled rifles and shotguns, machine guns (fully automatic weapons), and silencers and which pre-existed Roberti-Roos. Whether any further discussion of actual peace officer needs went beyond that level of discussion when Roberti-Roos was enacted is not clear. As noted above, this bill would additionally further exempt the specified peace officers exempted in Roberti-Roos while on duty, etc., to allow those officers to possess assault weapons off-duty and in retirement as well.
SHOULD THESE SIX STATE PEACE OFFICER CATEGORIES BE EXEMPTED FROM THE PROVISIONS OF ROBERTI-ROOS - AS AMENDED BY THIS BILL - SO THAT THEY MAY USE ASSAULT WEAPONS "WHEN ON DUTY AND THE USE IS AUTHORIZED BY THE AGENCY AND IS WITHIN THE COURSE AND SCOPE OF THEIR DUTIES"?
8. Department of Justice Costs Created by This Bill
The Roberti-Roos Assault Weapons Control Act of 1989 requires the Department of Justice to "conduct a public education and notification program regarding the registration of assault weapons, including outreach to local law enforcement agencies and utilization of public service announcements in a variety of media approaches, to ensure maximum publicity of the limited forgiveness period of the registration requirement." (Penal Code section 12289)
The Department is to "develop posters describing gun owners' responsibilities under this chapter which shall be posted in a conspicuous place in every licensed gun store in the state during the forgiveness period."
The costs of that program which cannot be absorbed by the Department are to be paid for from the DROS account - Dealer's Record of Sale account which contains the fees paid by applicants to buy firearms and pay for background checks - upon appropriation by the Legislature.
Since Roberti-Roos was enacted the DROS account has been limited by SB 670 (Chapter 901, Statutes of 1996) which limited the maximum DROS fee to $14 - with a cost of living increase allowed - and limited the use of the DROS fee account monies to specified items pertaining to background checks.
Given those existing limitations, the funds available in the DROS account may not be so readily available in 2000 as they may have been in 1990. Therefore there may need to be future discussions about the costs of implementing SB 23 and how the Department of Justice may be able to pay those costs.
9. Existing Penalty Enhancements - Effect of This Bill
This bill does not increase the penalty enhancements that currently apply for the use of assault weapons in criminal acts. However, the generic definition of assault weapons added by this bill will include more weapons, which may trigger those existing enhancements. Those include Penal Code Section 245(a)(3) for assault on another with an assault weapon - four, eight or twelve years; Section 245(d)(3) assault on a peace office or firefighter - six, nine, or twelve years; Section 12022(a)(2) armed with an assault weapon in the commission of any felony - three years (including if any other person involved is personally armed); and Section 12022.5(b)(2) if the person personally uses an assault weapon - five, six, or ten years.
These enhancements are in addition to any other enhancements under "10-20-Life" and to any effects of the "Three-strikes" law and would apply in addition to any violations of the possession of a detachable large-capacity magazine if SB 23 were enacted.
The California Rifle and Pistol Association letter in opposition to this bill includes the following:
The definitions of "Assault Weapons" status in proposed penal code section 12276.1 are far in excess of similar definitions in the federal "Assault Weapons" law, and would sweep in traditional hunting and recreational firearms that no one actually familiar with firearms would consider to be "Assault Weapons".Given the use limitations placed on "Assault Weapons" under exiting state law, the very restrictive definitions in this proposed section would unfairly impact thousands of lawful firearms owners like those who enjoy hunting and other firearms related sports on public lands such as the state and national forests. . . At a minimum, conformance to the attribute based definitions already in federal law would lead to better public understanding of the state law and facilitate enforcement by officers in the field.
CRPA believes the 10 round ammunition capacity limit for magazines is inappropriate as many firearms come factory equipped with larger magazines and, in order to compete in national marksmanship competitions, 20 rounds is required. There are millions of magazines currently owned that have capacities greater than 10 rounds. Will the state reimburse the owners of these magazines for the costs of having them modified to accept no more than 10 rounds or will the state "take" these magazines through confiscation or others means?
The NRA has indicated with the author and staff of the committee that "conspicuously protruding pistol grip" is confusing and that there are no standards in the bill about what would constitute a permanent alteration to a detachable large-capacity magazine.
11. Possible Author's Amendments to This Bill
In addition to the CaUSE peace officer exemption discussed in Comment # 7, the author may, in addition to technical amendments, propose to change the references in the bill concerning the "conspicuously protruding pistol grip" pertaining to a semiautomatic, centerfire rifle and a semiautomatic shotgun to read, instead:
On page 29, line 38, strike out " a conspicuously protruding pistol grip." and insert:A pistol grip that protrudes conspicuously beneath the action of the weapon.On page 30, line 26, after "A," strike out "conspicuously protruding," and after "pistol grip," insert:
that protrudes conspicuously beneath the action of the weapon.
The author may propose that the language pertaining to a semiautomatic, centerfire rifle and "threaded barrel" be amended to instead read:
On page 30, line 13, after "barrel," insert:capable of accepting a flash suppressor, forward handgrip, or silencer
The author may also propose that the language pertaining to a semiautomatic pistol capable of accepting a detachable magazine and which has a "second vertical handgrip" to delete the word "vertical" (on page 30, Line 14, after "second," strike-out "vertical").