BILL ANALYSIS                                                                                                                                                                                                    Ó



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          Date of Hearing:  April 13, 2016


                        ASSEMBLY COMMITTEE ON APPROPRIATIONS


                               Lorena Gonzalez, Chair


          AB  
          1663 (Chiu) - As Introduced January 14, 2016


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          Urgency:  No  State Mandated Local Program:  YesReimbursable:   
          No


          SUMMARY:


          This bill amends the definition of an assault weapon as it  
          pertains to rifles and defines "detachable magazines" and "fixed  
          magazines".  Specifically, this bill:  

          1)Classifies a semiautomatic centerfire rifle which does not  
            have a fixed magazine with the capacity to accept no more than  
            10 rounds, as an assault weapon. 








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          2)Eliminates specific characteristics from the definition of  
            what constitutes an assault weapon; thus expanding the  
            universe of firearms that qualify as assault weapons.

          3)Requires registration with the Department of Justice (DOJ) of  
            any assault weapon that does not have a fixed magazine and was  
            lawfully possessed between January 1, 2001, and December 31,  
            2016, including those weapons with an ammunition feeding  
            device that can be removed readily from the firearm with the  
            use of a tool, and by the person who, on or after January 1,  
            2017, lawfully possesses that firearm.  Registration of the  
            firearm must occur by July 1, 2018.

          4)All other existing prohibitions on possession, sale or  
            manufacture of assault weapons apply to firearms redefined as  
            assault weapons.

          FISCAL EFFECT:





          1)Significant cost to DOJ (Dealers' Record of Sale Account),  
            $1.8 million in 2016-17, $2.7 million in 2017-18, and $1.3  
            million annually thereafter.  DOJ estimates two million  
            assault weapons will be registered to 500,000 different  
            owners.  These costs include additional staff, adoption of  
            regulations, and one-time information technology development  
            to implement a public-facing application that allows the  
            public to register firearms classified as assault weapons. AB  
            1663 allows DOJ to charge a fee of up to $15 per person.


          2)The use of a "new" assault weapon by an individual in the  
            commission of a crime may result in additional time served in  
            state prison or county jail.  Failure to register an assault  
            weapon is a misdemeanor.  This cost may be moderate, however,  








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            difficult to quantify:      


             a)   According to the California Department of Corrections  
               (CDCR), the contracted out-of-state bed rate is $29,000.   
               If every year, two individuals serve four additional years  
               in state prison, the first-year cost would be $58,000,  
               $116,000 the second, $174,000 the third, and $232,000 every  
               year thereafter. 


             b)   Local costs for incarceration are nonreimbursable, but  
               are offset to a degree by fine revenue. 


          COMMENTS:


          1)Background.  In response to a proliferation of shootings  
            involving semi-automatic weapons, the California Legislature  
            passed the Roberti-Roos Assault Weapons Control Act (AWCA) in  
            1989.  The immediate cause of the AWCA's enactment was a  
            random shooting earlier that year at the Cleveland Elementary  
            School in Stockton, California.  An individual armed with an  
            AK-47 semi-automatic weapon opened fire on the schoolyard,  
            where 300 pupils were enjoying their morning recess.  Five  
            children ages six to nine were killed, and one teacher and 29  
            children were wounded.   In 1999, the Legislature amended the  
            AWCA in order to broaden its coverage and to render it more  
            flexible in response to technological developments in the  
            manufacture of semiautomatic weapons.  
            Current law defines an "assault weapon" as one of certain  
            specified rifles and pistols, including a semiautomatic,  
            centerfire rifle that has the capacity to accept a detachable  
            magazine and has at least one of the following:  

              a)   A pistol grip that protrudes conspicuously beneath the  
               action of the weapon;  
              b)   A thumbhole stock;  








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              c)   A vertical handgrip;  
              d)   A folding or telescoping stock;  
              e)   A grenade launcher or flare launcher;  
              f)   A flash suppressor; or,  
              g)   A forward handgrip.  
           
            Current law defines a "detachable magazine" as any ammunition  
            feeding device that can be removed readily from the firearm  
            with neither disassembly of the firearm action nor use of a  
            tool being required.  A bullet or ammunition cartridge is  
            considered a tool.  Ammunition feeding device includes any  
            belted or linked ammunition, but does not include clips, en  
            bloc clips, or stripper clips that load cartridges into the  
            magazine.  

            Current law also provides that unlawful possession of an  
            assault weapon is an alternate felony-misdemeanor and it is  
            punished by imprisonment in a county jail for a period not  
            exceeding one year, or by imprisonment for 16 months, two or  
            three years.  However, a first violation of these provisions  
            is punishable by a fine not exceeding $500 if the person was  
            found in possession of no more than two firearms and certain  
            specified conditions are met.   

             Furthermore, under current law, any person who within  
            California manufactures, imports into California, offers for  
            sale, or who gives or lends any assault weapon with specified  
            exceptions is guilty of a felony punishable by imprisonment in  
            state prison for four, six, or eight years.  
             
           2)Purpose.  According to the author, AB 1663 addresses the heart  
            of the limitations in the AWCA, and fulfills its original  
            intent: to prohibit firearms that provide the ability to  
            detach a magazine and rapidly reload, resulting in what  
            ultimately is the power of the shooter to have virtually  
            unlimited killing capacity.  AB 1663 prohibits the future  
            sale, purchase, manufacture, importation, or transfer in  
            California of semi-automatic rifles that can accept detachable  
            magazines.   








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             High-capacity detachable ammunition magazines allow shooters  
            to expel large amounts of ammunition quickly and have no  
            sporting purpose.  However, in California an ammunition  
            magazine is not viewed as detachable if a "tool" is required  
            to remove it from the weapon. The "bullet button" is a release  
            button for the ammunition magazine that can be activated with  
            the tip of a bullet. With the tip of the bullet replacing the  
            use of a finger in activating the release, the button can be  
            pushed and the detachable ammunition magazine removed and  
            replaced in seconds.  

             This bill would do away with the six prohibited features in  
            current law.  The argument is that a rifle outfitted with the  
            features that make a gun look like a military-style weapon,  
            e.g., pistol grip, flash suppressor, collapsible stock,  
            etcetera, may be more dangerous than one that lacks these  
            features, but these features may not pose the greatest public  
            safety concern.  Conversely, the lack of these features does  
            not make a rifle less lethal than one that has them.  Under  
            this bill, even a "featureless" semiautomatic rifle, like the  
            Mini-14, would be required to have a fixed magazine, holding  
            no more than 10 rounds of ammunition.

            The use of an assault weapon in the commission of a crime  
            carries additional punishments, and in some cases the sentence  
            is served in state prison instead of county jail.  By  
            expanding the universe of assault weapons, this bill will  
            result in additional commitments to county jails and state  
            prison.   

          3)Support:  According to the California Chapters of the Brady  
            Campaign, " the industry has been able to exploit a loophole  
            in the [ACWA] regulations that allows for the continued sale  
            and possession of fully functional assault weapons.  Assembly  
            Bill 1663 seeks to definitively close the loopholes in a  
            manner that will prevent the firearm industry from continuing  
            to market these lethal military-style weapons in California.









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            "Mass shootings perpetrated by unbalanced individuals using  
            assault weapons are reported all too often in the news.  As  
            was tragically demonstrated at Sandy Hook School and in the  
            recent San Bernardino shooting, the ability to rapidly reload  
            adds enormously to the carnage.  An exchangeable magazine can  
            be reloaded in one second and is the key feature that enables  
            the rapid rate of continuous fire that can kill many people  
            very quickly.  Requiring a fixed magazine on future sales or  
            transfers of long guns would, over time, decrease the  
            lethality in future mass shootings."

          4)Opposition:  According to the Firearms Policy Coalition, "AB  
            1663 seeks to vastly expand the Assault Weapons Control Act,  
            regulations that ban (by several methods, including make and  
            model, function, cosmetic features, and caliber) popular,  
            constitutionally-protected firearms that are in common use for  
            lawful purposes across the United States.  
            
            "AB 1663 would move the goal posts yet again for the millions  
            of law abiding residents and visitors who have quite  
            reasonably, given the volume, struggled for years to keep up  
            with the frenetic pace of California's ever-increasing firearm  
            regulations?"


          5)Related Legislation:  SB 1664 (Levine), would redefine what  
            constitutes an assault weapon in order to close the bullet  
            button loophole.  SB 1664 would also require registration of  
            weapons which now fall under the new definition but which  
            previously were not prohibited.  SB 1664 is also scheduled for  
            hearing in today.  

          6)Prior Legislation:  

             a)   SB 47 (Yee), of the 2013-2014 Legislative Session, would  
               have closed the bullet button loophole by redefining an  
               assault weapon in statute as 'a semiautomatic, centerfire  
               rifle that does not have a fixed magazine' and has any one  
               of several specified features.  SB 47 was held on this  








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               Committee's Suspense file.

             b)   SB 374 (Steinberg), of the 2013-2014 Legislative  
               Session, would have closed the bullet button loophole by  
               redefining an assault weapon as it pertains to rifles and  
               defines "detachable magazines" and "fixed magazines."   
               Specifies that rifles which are not assault weapons have  
               fixed magazines.  SB 347 was vetoed by the Governor. SB 347  
               was vetoed by the Governor.  In his veto message, the  
               Governor stated, in part:

                    "The State of California already has some of the  
                    strictest gun laws in the country, including bans on  
                    military-style assault rifles and high-capacity  
                    ammunition magazines. 

                    "Moreover, hundreds of thousands of current gun owners  
                    would have to register their rifles as assault weapons  
                    and would be banned from selling or transferring them  
                    in the future. 

                    "I don't believe that this bill's blanket ban on  
                    semi-automatic rifles would reduce criminal activity  
                    or enhance public safety enough to warrant this  
                    infringement on gun owners' rights."

             c)   SB 249 (Yee), of the 2011-12 Legislative Session, would  
               have prohibited any person from importing, making, selling,  
               loaning, transferring or possessing any conversion kit  
               designed to convert certain firearms with a fixed magazine  
               into firearms with a detachable magazine.  SB 249 was held  
               on this Committee's Suspense file.

           
           


          Analysis Prepared by:Pedro Reyes / APPR. / (916)  
          319-2081








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