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 - continued - SB 46X Page 2