[ftp://ftp.shell.portal.com/pub/chan/ca/sb46x.1sep94] Roberti's SB 46X has been sent back to the Senate, meaning it has died for this term (his last). I've copied all the current files on it from leginfo.public.ca.gov into my ftp dir. The final August 31 floor vote is not yet available, but the official Ways & Means (finance) Committee and 8/30 Assembly Floor vote are included below. Interestingly, Roberti amended the bill on 8/26 with yet another minor "enhancement": > 12276. As used in this chapter, "assault weapon" shall mean > the following designated semiautomatic firearms: [...] > (9) A semiautomatic pistol that has an ability to accept a > detachable magazine and has at least two of the following: > (A) An ammunition magazine that attaches to the pistol > outside of the pistol grip. > (B) A threaded barrel capable of accepting a barrel extender > {+ , flash suppressor, forward handgrip, or silencer +} . ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^ > (C) 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. > (D) A manufactured weight of 50 ounces or more when the > pistol is unloaded. > (E) A semiautomatic version of an automatic firearm. Congratulations! The fat politician has squealed for the last time and lost. We won! Jeff Chan Internet: chan@shell.portal.com uucp mail: {apple,claris,pyramid}!shell.portal.com!chan (Disclaimer: Opinions expressed are mine unless otherwise noted.) +---------------------------------------------------------------+ | Eternal vigilance is the price of liberty. | | -- Thomas Jefferson | +---------------------------------------------------------------+ WWW URL: ftp://ftp.shell.portal.com/pub/chan/index.html ftp: ftp.shell.portal.com: pub/chan: README, INDEX, firearms.faq firearms, liberty mailing lists: majordomo@shell.portal.com: help __ COMPLETE BILL HISTORY BILL NUMBER : S.B. No. 46 (1st Ex. Sess.) AUTHOR : Roberti TOPIC : Firearms: assault weapons. BILL HISTORY 1994 Aug. 31 Reconsideration granted. Read third time. Passed. To Senate. Aug. 30 Read third time. Refused passage. (Ayes 34. Noes 39. Page 767.) Motion to reconsider on next legislative day made by Assembly Member Speier. Aug. 29 Read second time. To third reading. Aug. 26 From committee: Do pass as amended. (Ayes 12. Noes 9.) Read second time. Amended. To second reading. Aug. 22 Read second time. Amended. Re-referred to Com. on W. & M. Aug. 19 From committee: Do pass as amended, but first amend, and re-refer to Com. on W. & M. (Ayes 4. Noes 3.) Aug. 8 From committee with author's amendments. Read second time. Amended. Re-referred to committee. July 1 To Com. on PUB. S. July 1 In Assembly. Read first time. Held at Desk. June 30 Read third time. Passed. (Ayes 21. Noes 14. Page 339.) To Assembly. June 1 Read third time. Refused passage. (Ayes 19. Noes 17. Page 280.) Motion to reconsider made by Senator Roberti. Reconsideration granted. May 24 Read second time. To third reading. May 23 From committee: Be placed on second reading file pursuant to Senate Rule 28.8. May 11 From committee: Do pass, but first be re-referred to Com. on APPR. (Ayes 6. Noes 1. Page 234.) Re-referred to Com. on APPR. Apr. 11 Introduced. Read first time. To Com. on JUD. __ CURRENT BILL STATUS MEASURE : S.B. No. 46 (1st Ex. Sess.) AUTHOR(S) : Roberti. TOPIC : Firearms: assault weapons. HOUSE LOCATION : SEN +LAST AMENDED DATE : 08/26/94 LAST HIST. ACT. DATE: 08/31/94 LAST HIST. ACTION : Reconsideration granted. Read third time. Passed. To Senate. FILE : ASM RECONSIDERATION FILE DATE : 08/31/94 ITEM : 18 TITLE : An act to amend Sections 12276, 12280, and 12285 of the Penal Code, relating to firearms. __ VOTES - ROLL CALL MEASURE: SBX1 46 AUTHOR: Roberti TOPIC: Firearms: assault weapons. DATE: 08/30/94 LOCATION: ASM. FLOOR MOTION: SB 46 ROBERTI THIRD READING BY SPEIER FIRST EXTRA SESSION (AYES 34. NOES 39.) (FAIL) AYES **** Alpert Archie-Hudson Bates Bornstein Bowen Bronshvag Valerie Brown Burton Caldera Campbell Eastin Escutia Barbara Friedman Terry Friedman Gotch Hannigan Isenberg Karnette Katz Klehs Lee Margolin Martinez McDonald Moore Napolitano O'Connell Polanco Sher Solis Speier Tucker Vasconcellos Willie Brown NOES **** Aguiar Alby Andal Baca Boland Bowler Brulte Cannella Connolly Conroy Costa Epple Ferguson Frazee Goldsmith Harvey Hauser Haynes Hoge Honeycutt Johnson Jones Knight Knowles McPherson Morrow Mountjoy Murray Pringle Quackenbush Rainey Richter Rogan Seastrand Snyder Statham Takasugi Weggeland Woodruff ABSENT, ABSTAINING, OR NOT VOTING ********************************* Allen Areias Bustamante Cortese Ducheny Horcher Umberg __ [ways & means committee vote] BILL ANALYSIS SB 46X SENATE THIRD READING SB 46X (Roberti) - As Amended: August 26, 1994 SENATE VOTE: 21-15 ASSEMBLY ACTIONS: COMMITTEE PUB. S. VOTE 4-3 COMMITTEE W. & M. VOTE 12-9 Ayes: Bates, Gotch, Isenberg, Lee Ayes: Vasconcellos, Allen, Alpert, V. Brown, Burton, Campbell, Escutia, B. Friedman, Hannigan, Lee, O'Connell, Polanco Nays: Epple, Boland, Rainey Nays: Aguiar, Andal, Costa, Epple, Johnson, Murray, Knowles, Seastrand, Woodruff DIGEST Under current law: 1) The Roberti-Roos Assault Weapons Control Act of 1989 (RRAWCA) generally prohibits the sale, manufacture, distribution, transport, import, possession, or lending of assault weapons in California. 2) RRAWCA contains a list which enumerates by brand name a designated semiautomatic rifles, pistols, and shotguns which are assault weapons and subject to RRAWCA. 3) The Attorney General is authorized to file a petition in Superior Court to declare that additional weapons are to be subject to RRAWCA's prohibitions on the basis that those weapons are essentially identical to weapons on the list of prohibited assault weapons. 4) 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. This bill 1) Adds an objective definition of additional assault weapons which are restricted in California, as defined. 2) Incorporates amendments made to section 12285 by AB 482 (Peace, Ch. 23/94). - continued - SB 46X Page 1 __ SB 46X FISCAL EFFECT According to the Assembly Ways and Means Committee analysis: 1) Negligible state and local law enforcement costs. 2) Potentially moderate state savings if a "generic" definition keeps the state out of court over definitional issues. COMMENTS According to the author, current law (The Roberti-Roos 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. The DOJ has been engaged in an on-going court action to add a "copycat" weapon - the Colt Sporter - to the list of restricted weapons. This bill adds an objective "generic definition" of assault weapons to the current California law. This will cover additional assault weapons, including "copycat" models of currently banned weapons and also weapons created since the 1989 law took effect. FN 013110