From ba-firearms-request Fri Feb 25 08:46:31 1994 Received: from localhost (daemon@localhost) by jobe.shell.portal.com (8.6.4/8.6.4) id IAA18920; Fri, 25 Feb 1994 08:46:22 -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 IAA18916 for ; Fri, 25 Feb 1994 08:46:21 -0800 Received: from hound.dazixca.ingr.com (hound.dazixca.ingr.com [129.135.106.43]) by nova.unix.portal.com (8.6.4/8.6.4) with SMTP id IAA14616 for ; Fri, 25 Feb 1994 08:46:13 -0800 Received: by hound.dazixca.ingr.com (4.1/SMI-4.1) id AA05631; Fri, 25 Feb 94 08:45:21 PST From: crphilli@hound.edaca.ingr.com (Ron Phillips) Message-Id: <9402251645.AA05631@hound.dazixca.ingr.com> Subject: NRA FAX-NEWS 02/24/94 To: ca-firearms@shell.portal.com (California Firearms) Date: Fri, 25 Feb 94 8:45:21 PST X-Mailer: ELM [version 06.00.01.12 (2.3 PL11)] Status: RO **** NRA FAX-NEWS **** **** February 24, 1994 **** NRA-ILA 555 Capitol Mall, Suite 455 Sacramento, CA 95814 Phone : (916) 446-2455 FAX : (916) 448-7469 ====================================================================== *** LEGISLATIVE (California) NEWS *** On February 22, Senator David Roberti announced that he will bring SB 1128 to a vote by the full Assembly on March 3, 1994. SB 1128 is the high capacity magazine bill that was stopped through "grass roots" efforts in September of last year. What follows is the content of a letter from the Attorney General's office to Roberti concerning SB 1128. September 7, 1993 The Honorable David Roberti California State Senate P.O. Box 942848 Sacramento, CA 95814 RE: SB 1128 Dear Senator Roberti: On September 1, 1993, the Assembly Ways and Means Committee passed your bill, SB 1128. As you know, our office strongly supports the principle of removing large-capacity magazines from our streets. However, our staff and firearm experts have undertaken a review of the measure's most recent amendments and concluded, with regret, that SB 1128, in its present form, holds little promise of slowing the proliferation of such magazines. In practicality, exceptions contained in the bill would seriously jeopardize its enforceability. Although recent amendments alleviate our concern that an exemption for curios and relics would gut the intent of the bill because of the interchangeability of magazines (see our letter to you of July 26, 1993), other amendments have since been taken which create additional exceptions and obviate the bill's objective. For example, as amended, the bill's prohibition against manufacture and sale of high-capacity magazines appears to apply only to persons who are presently barred from possession of firearms. Equally as troubling is the amendment which was apparently taken to allow "plinkers" to possess and transport high-capacity magazines "wherever it is lawful to discharge a firearm". This exception virtually emasculates the prohibition on possession since there are few places where it is not lawful to discharge a firearm, at least under certain circumstances, including self-defense. It is a telling comment on this amendment that Gian Luigi Ferri, who perpetrated the tragedy in the law offices in San Francisco, was a "plinker" who frequented target ranges. The current version of SB 1128 would have allowed him to possess the very magazines he used in that atrocity. Another reason why this office can no longer support SB 1128 is that it does not provide funding to cover the anticipated costs of implementing the new law. The bill's provision to restrict sales just to those persons who are not prohibited from possessing firearms necessitates that out department -- which is the only agency equipped to accurately identify such persons -- develop a program to allow sellers to properly determine whether a potential purchaser belongs to a prohibited class. Such a program would require sales and transfers of high-capacity magazines to be completed by way of a system, similar to the DROS process, which would entail background checks. out staff has determined that the costs of such a process -- involving financing and additional field representatives, education and notification, dealer and law enforcement training, and the background checks themselves -- would run into the millions of dollars. While some have suggested that "self-certification" could serve as a less-costly substitute for this process, our office has no confidence that simple declarations provided by buyers would do anything to ensure public safety. At worst, they would act as a false assurance or a placebo. And they would still pose substantial costs, for development, printing and distribution of self-certification forms. If passed in its current form, SB 1128 would also burden out Department with considerable public advisory and notification expenses. Based on the public information costs to our department of implementing the 1992 Roberti-Roos assault weapons ban, we believe that SB 1128's initial public advisory costs could be as much as $390,000. I hope you understand that the Attorney General remains committed to meaningful restrictions on large-capacity magazines. Our office would be pleased to support tightly-crafted legislation that will actually remove these magazines from circulation and use. Regrettably, your bill, in its present form, does not do so. Since SB 1128 is on the Assembly Floor, we are sending copies of this letter to key Assemblymembers and the Governor's office. Sincerely, Daniel E. Lungren Attorney General Jack R. Stevens Assistant Attorney General for Legislative Affairs Please call, write or fax your Assembly Member and ask them to join you, the NRA, and the Attorney General in opposing SB 1128 on March 3. ====================================================================== -- ************************************************************ * 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 * ************************************************************