pax version 1.2 BILL ANALYSIS THIRD READING SB 46X Roberti (D) As introduced 21 p. 280, 6/1/94 SUBJECT: Assault weapons SOURCE: Author State Treasurer ____________________________________________________________________________ DIGEST: This bill adds a "generic definition" of assault weapons be added to the existing list of enumerated assault weapons which are generally prohibited by existing law in California, thereby banning additional weapons from the state. ANALYSIS: 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 a felony. The Act contains a list which enumerates the designated semiautomatic rifles, pistols, and shotguns which are assault weapons and subject to the Act. (Penal Code Sections 12280 and 12276) 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) This bill proposes to add an objective definition of additional assault weapons which are restricted in California. The bill adds "semiautomatic" rifles and pistols which accept detachable magazines and which in addition have at least two of specified characteristics. Semiautomatic shotguns are also added which have at least two of specified characteristics, one of which may be the ability to accept a detachable magazine. This bill proposes the following objective definitions of assault weapons: -- A semiautomatic rifle that has an ability to accept a detachable magazine and has at least two of the following: (a) A folding or telescoping stock. (b) A pistol grip that protrudes conspicuously beneath the action of the weapon. (c) A bayonet mount. (d) A flash suppressor or threaded barrel designed to accommodate a flash suppressor. -- 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. (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. -- A semiautomatic shotgun that has at least two of the following: (a) A folding or telescoping stock. (b) A pistol grip that protrudes conspicuously beneath the action of the weapon. (c) A fixed magazine capacity in excess of six rounds. (d) An ability to accept a detachable magazine. This bill would allow any person lawfully possessing an assault weapon which would be restricted upon enactment of the bill to use the existing procedures in law to register such weapons within 90 days of the effective date of this bill. CONTINUED SB 46X Page 3 The purpose of this bill is to add additional assault weapons to the existing restrictions applicable to such weapons in the Roberti-Roos Assault Weapons Control Act of 1989. Since 1989, the Roberti-Roos Assault Weapons Control Act of 1989 has restricted assault weapons in California. The Department of Justice has been engaged in an on-going court action to add a "copycat" weapon - the Colt Sporter - to the list of restricted weapons. Federal Representative Stark recently requested data from the Bureau of Alcohol, Tobacco and Firearms which shows that the California restrictions on assault weapons are working. That data measured law enforcement requests for "traces" on assault weapons. As reported in the San Francisco Chronicle on April 26, 1994: "The numbers, which reflect how many assault weapons were confiscated by law enforcement officials, showed that federal traces in California stabilized after the state ban as they soared nationally...Assault weapons make up 1 percent of all guns, but account for 8 percent of federal criminal traces, said bureau spokesman Jack Killorin. 'I'd be hard put to think of another type of weapon that is eight times more popular with criminals than with legitimate shooters,' he said. 'That's telling us something important.'" Congressman Stark also wrote a May 4, 1994, letter to members of Congress which states: "After examining data provided by the FBI on police killed by guns between 1986 and 1993, it becomes clear that although less than 1% of all privately-owned American guns are assault weapons, they are 9% of the guns used by cop killers." (These are nationwide statistics and do not reflect specific statistics for states with restrictions on assault weapons versus states without.) Adding an objective, "generic", definition of assault weapons to the current California law will cover additional assault weapons, including not only "copycat" models of the current list of weapons but weapons designed, manufactured, and sold since the 1989 law took effect. FISCAL EFFECT: Appropriation: No Fiscal Committee: Yes Local: Yes SUPPORT: (Verified 6/23/94) State Treasurer (co-source) Legal Community Against Violence Hand Gun Control California Medical Association California School Boards Association Alameda County Chiefs of Police and Sheriff's Association California Chapter, American College of Emergency Physicians OPPOSITION: (Verified 5/24/94) National Rifle Association California Rifle and Pistol Association Gun Owners of California CONTINUED SB 46X Page 4 ARGUMENTS IN SUPPORT: Hand Gun Control states that, "SB 46X seeks to require registration of assault weapons "grandfathered" under current law by name, to also be registered by characteristic. This provision, to register existent weapons, will not be part of the federal assault weapon bill when it is eventually signed into law. It is, however, an important provision in tracking weapons stolen or used in criminal activity. Therefore, SB 46X provides a benefit for Californians which will not be part of federal law. "Moreover, SB 46X will ensure the public safety of all state residents, regardless of the eventual parameters of federal law. Federal enforcement resources are such, that when possible, state's are usually better served by alternatives that allow them to control their own destinies. SB 46X provides just such an alternative. It will strengthen California's current law, lessen the reliance upon federal resources and enhance protection for its citizens." ARGUMENTS IN OPPOSITION: Gun Owners of California oppose this bill "since it, as with the original 'Assault Weapons' Act, will have no effect on crime. "The original measure was so empirically unsuccessful that this bill could only be an attempt by the author to save face, again at the expense of honest, law-abiding citizens. "No amount of amendments will change our opposition to this bill." RJG:jk 6/23/94 Senate Floor Analyses CONTINUED