From ba-firearms-request Thu Mar 3 08:31:32 1994 Received: from localhost (daemon@localhost) by jobe.shell.portal.com (8.6.4/8.6.4) id IAA09535; Thu, 3 Mar 1994 08:31:19 -0800 Errors-to: ca-firearms-request@shell.portal.com Sender: ca-firearms-request@shell.portal.com Precedence: bulk Received: from nova.unix.portal.com (nova.unix.portal.com [156.151.1.101]) by jobe.shell.portal.com (8.6.4/8.6.4) with ESMTP id IAA09530 for ; Thu, 3 Mar 1994 08:31:17 -0800 Received: from hound.dazixca.ingr.com (hound.dazixca.ingr.com [129.135.106.43]) by nova.unix.portal.com (8.6.4/8.6.5) with SMTP id IAA02440 for ; Thu, 3 Mar 1994 08:31:07 -0800 Received: by hound.dazixca.ingr.com (4.1/SMI-4.1) id AA02242; Thu, 3 Mar 94 08:30:17 PST From: crphilli@hound.edaca.ingr.com (Ron Phillips) Message-Id: <9403031630.AA02242@hound.dazixca.ingr.com> Subject: NRA FAX-NEWS 03/01/94 To: ca-firearms@shell.portal.com (California Firearms) Date: Thu, 3 Mar 94 8:30:17 PST X-Mailer: ELM [version 06.00.01.12 (2.3 PL11)] Status: R **** NRA FAX-NEWS **** **** March 1, 1994 **** NRA-ILA 555 Capitol Mall, Suite 455 Sacramento, CA 95814 Phone : (916) 446-2455 FAX : (916) 448-7469 ====================================================================== *** LEGISLATIVE (California) NEWS *** Senator David Roberti has decided NOT to bring SB 1128 -- his high capacity magazine "ban" -- to a vote in the Assembly on March 3rd. He has decided to amend the bill and will probably bring it to a vote in a couple weeks. The following letter was sent to Roberti, other legislators and the media: February 24, 1994 Senator David Roberti State Capitol, Room 2032 Sacramento, CA 95814 Dear Senator Roberti: Re: SB 1128 - HIGH CAPACITY MAGAZINES On Tuesday, you announced your intention to bring SB 1128 to a vote in the Assembly. During that press conference and on many previous occasions, you characterized the bill as a ban on "high capacity magazines." I contacted Mr. Simon Haines at the Senate Judiciary Committee to determine if amendments will be offered which would alter the key elements of the bill as amended on September 7, 1993. Such does not appear to be the case. The word "ban" means "proscription by law or authority; status of being officially prohibited or outlawed." I have carefully reviewed the bill and am unable to reconcile how the wording in the bill would constitute a "ban." As I read SB 1128, it allows: * the sale, manufacture, possession, etc., by anyone (including most convicted felons) of "high capacity magazines" for rimfire weapons. * the possession of "high capacity magazines" by the legal owners of machine guns and semiautomatic assault weapons; * anyone who is not a prohibited class to continue to possess a "high capacity magazine"; * members of public or private shooting clubs to continue to purchase, transport, sell, etc., "high capacity magazines"; * such magazines to be legally possessed at a wide variety of locations including "any place where it is lawful to discharge a firearm." Your February 22 Press Release states, "Roberti's Senate Bill 1128 would ban possession of high capacity ammunition clips that hold more than 15 bullets, except with special permits." I find no language in the bill or the proposed amendments that deals with magazine permits. It also appears that the sale of a "high capacity magazine" would require the purchaser to undergo the Department of Justice Dealer Record of Sale (DROS) process before taking possession of the magazine. This would impose a $14 fee for the purchase of the magazine which costs as little as $2. The DROS issue was a key reason why Attorney General Lungren withdrew his support last year (attachment). It is my understanding that he will not support SB 1128 when it is considered by the full Assembly. While criminals would hardly notice the effects of SB 1128, there is at least one group of "high capacity magazine" owners which would be adversely affected -- retired police officers. It appears they could not continue to carry a Glock 17 or similar handgun concealed with an original equipment magazine. You have conceptually linked SB 1128 to the Assault Weapon Control Act (AWCA). The word "ban" has also been liberally applied to the impact of the AWCA. As you know, in addition to the 70,000 assault weapons that were registered, "AK" type rifles and many other so-called assault weapons continue to be widely available in retail outlets. In 1991, when you authored SB 263 as an AWCA "clean up", no attempt was made by you to add Yugoslavian or Hungarian AKs to PC 12276 which, together with Chinese made AKs imported after 1990, continue to be sold in California. In fact, no attempt was made by you in 1991 to restrict most of the rifles you now decry. The net effect of the AWCA has been an enhanced popularity of the subject firearms. SB 1128 is neither a ban nor an effective law enforcement tool. It would create a nuisance for law-abiding citizens and would impose a needless and excessive fee. Please correct me if my characterizations of the key elements of SB 1128 are incorrect. If my analysis is correct, I think that a reasonable person would conclude that SB 1128 is a vacuous, if not cynical, crime control offering. Sincerely S.C. Helsley State Liaison ------End Of Letter---- * We expect that within a week the Attorney General will announce the firearms he intends to add to the Roberti-Roos Assault Weapons Control Act list. You can expect that virtually all of the AR-15 and AK style rifles will be included. * During the State Republican Convention in Burlingame this weekend, we visited with Bob Winters who is the retired Santa Clara County Sheriff and candidate for the 28th Assembly District seat. Bob was concerned that some of his constituents have him confused with former San Jose Police Chief Joseph McNamara (ouch!). Let me assure all our readers that Bob Winters is NOT Joe McNamara. -- ************************************************************ * Ron Phillips crphilli@hound.edaca.ingr.com * * Senior Customer Engineer * * Intergraph Electronics * * 381 East Evelyn Avenue VOICE: (415) 691-6473 * * Mountain View, CA 94041 FAX: (415) 691-0350 * ************************************************************