BILL ANALYSIS                                                                                                                                                                                                    



                                             SB  23 (Perata)
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             SENATE COMMITTEE ON Public Safety
                   Senator John Vasconcellos, Chair   S
                      1999-2000 Regular Session       B
                                                      
                                                      2
                                                      3
                                                      
SB 23  (Perata)                                       
As AmendedMarch 16, 1999                              
Hearing date: March 23, 1999
PenalCode
SH:jm

   ADDITION TO ROBERTI-ROOS ASSAULT WEAPONS CONTROL ACT OF  
 
                           1989  -  

    ENACTMENT OF GENERIC ASSAULT WEAPON BAN/REGISTRATION  
 
   REQUIREMENTS AND BAN ON MANUFACTURE, SALE OR TRANSFER

               OF "LARGE-CAPACITY MAGAZINES  "


                          HISTORY

Source:   Handgun Control

Prior Legislation: AB 2560 (1998) - vetoed by the Governor
             AB 23  (1998) - died on Assembly Floor
             SB 46X (1994) - failed passage, Assembly Floor
             SB 263 Chapter 954, Statutes of 1991
             AB 357 Chapter 19, Statutes of 1989
             SB 292 Chapter 18, Statutes of 1989
             SB 1339 (1998) - provisions deleted on  
Assembly Floor
                    (re magazine capacity)
             SB 1128 (1994) - died on Assembly Floor (re  
magazine capacity) 
                 AB 334 (1989) - died in conference  











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committee 
                    (re magazine capacity)             

Support: Legal Community Against Violence; California  
Nurses Association;           Lutheran Office of Public  
Policy; Los Gatos Town Council; Chief of          Police,  
Town of Los Gatos and City of Monte Sereno; Los Angeles  
County   District Attorney; City of Oakland; Orange County  
Citizens for the              Prevention of Gun Violence

Opposition:California Rifle and Pistol Association;  
National Rifle Association; individual letters




                                   KEY ISSUES
  
SHOULD IT BE A CRIME, PUNISHABLE BY AN ALTERNATIVE MISDEMEANOR/FELONY  
("WOBBLER"), COMMENCING JANUARY 1, 2000, FOR ANY PERSON TO MANUFACTURE OR  
CAUSE TO BE MANUFACTURED, IMPORT INTO THE STATE, KEEP FOR SALE, OR OFFER OR  
EXPOSE FOR SALE, OR GIVE, OR LEND ANY LARGE-CAPACITY MAGAZINE, I.E. ANY  
AMMUNITION FEEDING DEVICE WITH THE CAPACITY TO ACCEPT MORE THAN TEN ROUNDS, AS  
SPECIFIED?  

SHOULD A NEW "GENERIC" DEFINITION LIST OF ASSAULT WEAPONS BE ADDED IN A NEW  
SECTION OF THE ROBERTI-ROOS ASSAULT WEAPONS CONTROL ACT OF 1989, AS SPECIFIED;  
(GENERALLY PUNISHABLE AS A MISDEMEANOR/FELONY)? 

SHOULD THE EXISTING ROBERTI-ROOS EXEMPTION FOR USE OF ASSAULT WEAPONS FOR  
PEACE OFFICERS WHILE ON DUTY BE EXPANDED TO ALLOW SPECIFIED PEACE OFFICERS TO  
USE AND POSSESS ASSAULT WEAPONS BOTH ON AND OFF DUTY AND AFTER RETIREMENT?

SHOULD NUMEROUS RELATED CHANGES BE MADE?


                          PURPOSE

The purpose of this bill is to make all but the possession  
of "large-capacity magazines" a crime punishable as an  











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alternative misdemeanor/felony ("wobbler"); to add a new  
"generic" definition list of assault weapons in a new  
section of the existing Roberti-Roos Assault Weapons  
Control Act of 1989; and to make numerous related changes.

  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  
generally a felony; possession is punishable as a  
misdemeanor/felony (with an "exception" punishable as an  
infraction).  The act contains a list that enumerates the  
designated semiautomatic rifles, pistols, and shotguns that  
are assault weapons and subject to the Act.  (Penal Code  
sections 12280 and 12276)

The Roberti-Roos Act contains legislative intent language  
which concludes that it is not the intent of the  
Legislature in enacting Roberti-Roos ". . . to place  
restrictions on the use of those weapons which are  
primarily designed and intended for hunting, target  
practice, or other legitimate sports or recreational  
activities."  (Penal Code section 12275.5)

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)

 Existing law  exempts "the sale to, purchase by, or  











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possession of assault weapons by the Department of Justice,  
police departments, sheriffs' offices, marshals' offices,  
the Department of Corrections, the Department of the  
California Highway Patrol, district
attorneys' offices, or the military or naval forces of this  
state or of the United States for use in the discharge of  
their official duties" and provides that nothing shall  
"prohibit the possession or use of assault weapons by sworn  
members of these agencies when on duty and the use is  
within the scope of their duties."  (Penal Code section  
12280(d))

  Existing law  contains various penalties for the use of a  
machinegun or assault weapon in a crime.  (Penal Code  
sections 245, 12022, and 12022.5) 

  Existing law  provides that if a firearm is used in  
specified crimes, a penalty enhancement applies of an  
additional ten or twenty years, or life (Penal Code section  
12022.53).  

  This bill does the following:

      a) Makes all but the possession of a "detachable  
       large-capacity magazine" a crime:

          Makes it an alternative misdemeanor/felony,  
          commencing January 1, 2000, for any person who  
          manufactures or causes to be manufactured,  
          imports into the state, keeps for sale, or offers  
          or exposes for sale, or who gives, or lends any  
          detachable large-capacity magazine.  Defines  
          "large-capacity magazine" to mean any ammunition  
          feeding device with the capacity to accept more  
          than ten rounds (both centerfire and rimfire/.22  
          caliber), but "shall not be construed to include  
          a feeding device that has been permanently  
          altered so that it cannot accommodate more than  
          10 rounds nor shall it include any .22 caliber  
          tube ammunition feeding device."











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          Exempts from that general prohibition:  "The sale  
          to, or purchase of, any large-capacity ammunition  
          feeding device by, any federal, state, county,  
          city and county, or city agency that is charged  
          with the enforcement of any law for use in the  
          discharge of their official duties when on duty  
          and the use is authorized by the agency and is  
          within the course and scope of their duties" and  
          "sale to, or purchase of any large-capacity  
          ammunition feeding device by, a licensed gun  
          dealer."

      b) Adds a new "generic" definition list of assault  
       weapons in a new section of the existing  
       Roberti-Roos Assault Weapons Control Act of 1989, as  
       follows:

          (1) A semiautomatic, centerfire rifle that has  
          the capacity to accept a detachable magazine and  
          any one of the following:
               (A) A conspicuously protruding pistol grip.
               (B) A thumbhole stock.
               (C) A vertical handgrip.
               (D) A folding or telescoping stock.
               (E) A grenade launcher or flare launcher.
               (F) A threaded barrel capable of accepting a  
               flash suppressor, forward handgrip, or  
               silencer.

          (2) A semiautomatic, centerfire rifle that has a  
          fixed magazine with the capacity to accept more  
          than 10 rounds.

          (3) A semiautomatic, centerfire rifle that has an  
          overall length of less than 30 inches.

          (4) A semiautomatic pistol that has the capacity  
          to accept a detachable magazine and any one of  
          the following:











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               (A) A threaded barrel.
               (B) A second vertical handgrip.
               (C) A shroud that is attached to, or  
               partially or completely encircles, the  
               barrel that allows the bearer to fire the  
               weapon without burning his or her hand,  
               except a slide that encloses the barrel.
               (D) The capacity to accept a detachable  
               magazine at some location outside of the  
               pistol grip.
       
          (5) A semiautomatic pistol with a fixed magazine  
          that has the capacity to accept more than 10  
          rounds.

         (6) A semiautomatic shotgun that has both of the  
  following:
               (A) A folding or telescoping stock.
               (B) A conspicuously protruding pistol grip,  
               thumbhole stock, or vertical handgrip.
       
          (7) A semiautomatic shotgun that has the ability  
          to accept a detachable magazine.

         (8) Any shotgun with a revolving cylinder.

           This bill  exempts any antique firearm from that  
          generic definition and defines that term to mean  
          " any firearm manufactured prior to January 1,  
          1898."

           This bill  provides that the new generic  
          definitions shall become operative on January 1,  
          2000.

      c) Adds to the Roberti-Roos Assault Weapons Control  
       Act of 1989 provisions to allow for the registration  
       of those "new" assault weapons and makes other  
       changes, as follows:












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          (1) Allows one-year from the effective date of  
          the new "assault weapons" added by this bill to  
          register those weapons as assault weapons.

          (2) Provides that the penalty for first-time  
          possession of one of the new generic assault  
          weapons shall be punished as:

               an infraction punishable by a fine of up to  
               $500, if the person was found in possession  
               of no more than two firearms in compliance  
               with the usual requirements for the lawful  
               possession of an assault weapon and the  
               person 

               (i) Proves that he or she lawfully possessed  
               the assault weapon prior to the dates it was  
               defined as an assault weapon pursuant to the  
               new section added by this bill.

               (ii) Is not in possession of an assault  
               weapon pursuant to the previous definitions  
               in Roberti-Roos.

               (iii) He or she has not previously been  
               convicted of violating this section.

               (iv) He or she was found to be in possession  
               of the assault weapons within one year  
               following the end of the one-year  
               registration period established by this  
               bill.

               (v) He or she has since registered the  
               firearms and any other lawfully obtained  
               firearms defined by this bill, as specified.

     d) Expands the existing Roberti-Roos exemption for law  
enforcement, as follows:












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          Deletes the limitation on the existing exemption  
          for specified officers that the possession or use  
          only applies when on duty and the use is within  
          the scope of their duties; instead allows peace  
          officers of the Department of Justice, local  
          police, sheriffs departments, marshals offices,  
          the Department of Corrections, CHP, district  
          attorneys offices, and the military, to possess  
          or use assault weapons whether on or off duty,  
          and possession by a person "retired from service  
          with a law enforcement agency."

      e) This bill makes a number of related changes to law  
       and contains a severability clause; it also states  
       that it was the original intent of Roberti-Roos:  ".  
       . . to ban all assault weapons, regardless of their  
       name, model number, or manufacture" and that "It is  
       the purpose of this act [SB 23] to effectively  
       achieve the Legislature's intent to prohibit all  
       assault weapons."


                          COMMENTS


1.   Need for This Bill  

The provisions in this bill as currently amended  
essentially reflect another version of AB 23 (Perata),  
which died last year on the Assembly Floor while on  
concurrence in Senate amendments, and AB 2560 (Perata),  
which was amended with further revised provisions of AB 23  
and which was vetoed by the Governor last year.  The author  
indicates the following regarding SB 23:

     The Roberti-Roos Assault 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.  For  
     example, the DOJ has been engaged in an ongoing court  











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     action to add a 'copycat' weapon - the Colt Sporter -  
     to the list of restricted weapons.

     In 1994, Congress enacted a generic ban on assault  
     weapons that relied in part on cosmetic appearances.   
     It is clear that focusing on cosmetic aspects of the  
     gun's appearance is not a comprehensive approach.  Nor  
     does it really get at the whole problem. 

     It is clear that in the case of rifles, an assault  
     weapon is a semiautomatic centerfire rifle that has  
     one of the characteristics added in my bill, such as a  
     vertical handgrip or a folding or telescoping stock.  

 2.   Current Status of Two Cases Pertaining to the  
  Roberti-Roos Assault Weapons Control Act of 1989  

There are two cases currently before the California Supreme  
Court, which are applicable to this bill.  The first is the  
decision of the California Court of Appeal, Sixth Appellate  
District in  People  v.  Dingman  (47 Cal.App.4th 1068), which  
affirmed the lower court decision that an SKS rifle which  
was manufactured with a fixed magazine and was subsequently  
converted to accept a detachable magazine is subject to the  
requirements of the Roberti-Roos Assault Weapons Control  
Act of 1989.  The California Supreme Court has granted  
review of that appellate decision (October 2, 1996, 924  
P.2d 97).

In addition, there has been ongoing litigation pertaining  
to the authority under Roberti-Roos of the Attorney General  
to add "look alike" additional weapons to the assault  
weapons list.

The California Court of Appeal Third Appellate District,  
held on March 4, 1998 that "The 'add-on' provision of the  
Act, embodied in Section 12276.5, is unconstitutional and  
unenforceable" (  Kasler  v.  Lungren  , 61 Cal.App.4th 1237).   
The appellate court also added language that the entire act  
may be subject to challenge on equal protection grounds.











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On May 20, 1998, the California Supreme Court granted  
review of the appellate decision (1998 Cal. LEXIS 3194).

NOTE:  A related case which is not on appeal may be  
relevant for understanding the impact of the assault weapon  
ban in California; a 1998 Court of Appeal decision held  
that "The prosecution must prove a criminal defendant has  
knowledge that the weapon is an assault weapon, but need  
not prove that a criminal defendant has knowledge of the  
law banning the possession of unregistered assault  
weapons."  (  In re Jorge M.  , Court of Appeal of California,  
Second Appellate District, Division Four, 66 Cal. App. 4th  
809 (820))
  
3.   Large-Capacity Magazines and Firearms in This Bill  

This bill would make it a crime to do anything with  
detachable large capacity magazines after January 1,  
2000--except possess and personally use them-punishable as  
a misdemeanor/felony.  Large-capacity magazines are defined  
to mean any ammunition-feeding device with the capacity to  
accept more than 10 rounds.  That definition is not limited  
to "centerfire" ammunition so would include "rimfire"  
ammunition as well, which is generally .22 caliber  
ammunition.  One could still possess those magazines after  
January 1, 2000, but could generally only transfer them to  
anyone but a licensed dealer or gunsmith (for modification)  
if the magazine "has been permanently altered so that it  
cannot accommodate more than 10 rounds."

4.  "  Three-Strikes" Impact of This Bill  

This bill creates a new felony/misdemeanor for persons who  
do anything but possess a "large-capacity" magazine after  
January 1, 2000.  

This bill adds a number of new weapons to the category of  
"assault weapons" which, if not lawfully possessed through  
registration, are subject to a felony/misdemeanor for  











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simple possession.

Persons who have any prior felony, whether serious and  
violent or not, are already prohibited from owning or  
possessing a firearm, which is punishable as a felony.   
They are not prohibited from possessing a large-capacity  
magazine.  To the extent that this bill applies to persons  
otherwise in lawful possession of a firearm - but for the  
fact that the firearm is an "assault weapon" - those  
persons could not have had a prior felony conviction since  
having such a conviction would mean that they could not  
lawfully "possess" firearms of any type.  

For those who cannot possess a firearm due to prior felony  
convictions, prior convictions that were serious or violent  
might have some effect on those persons under this bill,  
since it might add another felony penalty to other  
penalties the person may be subjected to for being in  
possession of a firearm.  However, it would seem unlikely  
to be the requisite third strike for the first twenty-five  
years to life sentence because having the firearm itself  
would already be a felony.

California's "Three Strikes" law, AB 971 (Jones/Costa)  
Chapter 12, Statutes of 1994, provides that the conviction  
of any felony with a prior conviction for a violent or  
serious felony must result in twice the term otherwise  
provided as punishment (in this case, doubling fifteen  
years to thirty years in prison).  In addition, probation  
may not be granted, there is no aggregate term limitation,  
conduct credits are limited to 20% of the sentence  
(instead of the usual 50%), and any additional convictions  
must be imposed consecutively.
 
If the person has two prior violent or serious convictions,  
the term generally would be twenty-five years to life.

5.   Federal Law Regarding Assault Weapons and Large  
Capacity Magazines   












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The federal assault weapons law became effective on  
September 13, 1994 and banned the possession of "assault  
weapons" and "large capacity ammunition feeding devices"  
manufactured after that date; the federal law did not ban  
or regulate those items manufactured before that date.  The  
federal definition of assault weapons first includes a list  
of named weapons - similar but not identical to the  
Roberti-Roos list of weapons and then contains a "two  
characteristics" generic definition (18 USC 922 (a)(30)) -  
the federal law also contains a lengthy list of weapons  
which are not assault weapons; that list is not contained  
in this analysis:

     (30) The term "semiautomatic assault weapon" means: 

             (A) any of the firearms, or copies or  
           duplicates of the firearms in any caliber, known  
           as:
      
                (i) Norinco, Mitchell, and Poly  
                 Technologies Avtomat Kalashnikovs (all  
                 models); 
               (ii) Action Arms Israeli Military Industries  
     UZI and Galil; 
               (iii) Beretta Ar70 (SC-70); 
               (iv) Colt AR-15; 
               (v) Fabrique National FN/FAL, FN/LAR, and  
          FNC; 
               (vi) SWD M-10, M-11, M-11/9, and M-12; 
               (vii) Steyr AUG; 
               (viii) INTRATEC TEC-9, TEC-DC9 and TEC-22;  
          and 
               (ix) revolving cylinder shotguns, such as  
                 (or similar to) the Street Sweeper and  
                 Striker 12; 

             (B) a semiautomatic rifle that has an ability  
           to accept a detachable magazine and has at least  
           2 of:












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               (i) a folding or telescoping stock; 
               (ii) a pistol grip that protrudes  
                 conspicuously beneath the action of the  
                 weapon; 
               (iii) a bayonet mount; 
               (iv) a flash suppressor or threaded barrel  
                 designed to accommodate a flash  
                 suppressor; and 
               (v) a grenade launcher; 

             (C) a semiautomatic pistol that has an ability  
     to accept a detachable 
           magazine and has at least 2 of: 

                (i) an ammunition magazine that attaches to  
                 the pistol outside of the pistol grip; 
                (ii) a threaded barrel capable of accepting  
                 a barrel extender, flash suppressor,  
                 forward handgrip, or silencer; 
                (iii) 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; 
               (iv) a manufactured weight of 50 ounces or  
          more when the pistol is 
                 unloaded; and 
               (v) a semiautomatic version of an automatic  
          firearm; and 

             (D) a semiautomatic shotgun that has at least  
2 of:

               (i) a folding or telescoping stock; 
                (ii) a pistol grip that protrudes  
                 conspicuously beneath the action of the  
                 weapon; 
               (iii) a fixed magazine capacity in excess of  
          5 rounds; and 
               (iv) an ability to accept a detachable  











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          magazine. 

SHOULD CALIFORNIA ADOPT A "ONE CHARACTERISTIC" GENERIC  
DEFINITION OF ASSAULT WEAPON RATHER THAN A "TWO  
CHARACTERISTIC" DEFINITION AS IS CONTAINED IN FEDERAL LAW?

The Federal law contains the following definition regarding  
magazines (18 USC 922(a)(31)):

    (31) The term "large capacity ammunition feeding  
  device":

         (A) means a magazine, belt, drum, feed strip, or  
           similar device manufactured after the date of  
           enactment of the Violent Crime Control and Law  
           Enforcement Act of 1994 that has a capacity of,  
           or that can be readily restored or converted to  
           accept, more than 10 rounds of ammunition; but

         (B) does not include an attached tubular device  
           designed to accept, and capable of operating  
           only with, .22 caliber rimfire ammunition.

6.   The Expanded Peace Officer Exemption Contained in This  
Bill  

This bill revises the Roberti-Roos Act exemption for peace  
officers which exempts:

     the sale to, purchase by, or possession of assault  
     weapons by the Department of Justice, police  
     departments, sheriffs' offices, marshals' offices, the  
     Department of Corrections, the Department of the  
     California Highway Patrol, district attorneys'  
     offices, or the military or naval forces of this state  
     or of the United States for use in the discharge of  
     their official duties" and provides that nothing shall  
     "prohibit the possession or use of assault weapons by  
     sworn members of these agencies when on duty and the  
     use is within the scope of their duties."  (Penal Code  











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     section 12280(d))

This bill removes the limitation on those officers  
possession and use of assault weapons to allow that  
possession and use whether on duty or off-duty and extends  
that exemption into retirement.

The federal law assault weapon exemption for peace officers  
(who are allowed to possess/buy/transfer/use all  
pre-9/13/94 assault weapons as can any other person)  
generally includes while on duty or off duty and then adds  
     an additional exemption for peace officers in retirement as  
follows:

     The law also provides an exception for assault weapons  
     and feeding devices transferred to law enforcement  
     officers by their agencies upon retirement. Neither  
     this exception nor the exception for official use  
     permits officers to retain their weapons or feeding  
     devices after retiring or leaving the agency or to  
     acquire additional items.

     Officers who retire or leave their employment with a  
     law enforcement agency should transfer their assault  
     weapons and large capacity ammunition feeding devices  
     to a Federal firearms licensee or another qualified  
     officer.  (18 U.S.C. 922(v)(4), (w)(3))

SHOULD THE EXISTING ROBERTI-ROOS EXEMPTION FOR THE NAMED  
PEACE OFFICERS TO USE AND POSSESS ASSAULT WEAPONS BE  
EXPANDED TO THOSE OFF-DUTY AND IN RETIREMENT?

An anomaly may also be created by this bill and the  
limitation on all but the possession of detachable  
large-capacity magazines.  Penal Code section 12020, which  
is amended by this bill pertaining to magazines, already  
contains a broad exemption for peace officers which would  
appear to allow peace officers to purchase detachable large  
capacity magazines while on-duty and the use is authorized  
by the employing agency and within the course and scope of  











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their duties (section 12020(b)(12)).  This bill further  
reiterates that existing provision in a new section,  
12020(b)(19). That exemption would not appear to allow the  
purchase and use and transfer by peace officers of  
detachable large capacity magazines when the officer is  
off-duty (although many officers have 24-hour peace officer  
powers) and when retired.  

7.   Requested Additional Exemption for Specified State  
Peace Officers from CAUSE  

The California Union of Safety Employees has requested that  
this bill be amended to additionally allow the following  
agencies to purchase-and their state peace officer  
employees to use and possess-assault weapons when on duty  
and the use is authorized by the agency and is within the  
course and scope of their duties:

     Penal Code section 830.2 (e) peace officers -  
     Department of Fish and Game.

     Penal Code section 830.2 (f) peace officers -  
     Department of Parks and Recreation.

     Penal Code section 830.2 (h) peace officers -  
     Department of Alcoholic Beverage Control.

     (NOTE: re the following subsections, the preface to  
     section 830.3 provides that the officers "may carry  
     firearms only if authorized and under those terms and  
     conditions as specified by their employing agencies.")

     Penal Code Section 830.3 (a) peace officers are  
     Division of Investigation of the Department of  
     Consumer Affairs and investigators of the Medical  
     Board of California and the Board of Dental Examiners,  
     who are designated by the Director of Consumer  
     Affairs.  The Director of Consumer Affairs shall  
     designate as peace officers seven persons who shall at  
     the time of their designation be assigned to the  











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     investigations unit of the Board of Dental Examiners.

     Penal Code Section 830.3 (c) peace officers are  
     Department of Motor Vehicles investigators plus  
     designated executives in the DMV.

     Penal Code Section 830.3 (i) peace officers are the  
     Chief of the Bureau of Fraudulent Claims of the  
     Department of Insurance and those investigators  
     designated by the chief.

Adding an exemption for those state peace officers would  
allow them to use both the original Roberti-Roos listed  
weapons and those assault weapons that are included in the  
generic definition added by this bill.  CAUSE states that  
those officers should be exempted from the prohibitions on  
use and possession of assault weapons and includes the  
following reasons for such an exemption:

     These six categories of specialized peace officers  
     represent members of law enforcement under existing  
     law currently use weapons that would be deemed  
     "assault weapons" under SB 23.  While these "tools"  
     are not always used during the course of their duties,  
     it is important to remember that these specialized  
     peace officers are responsible for serving high risk  
     warrants, patrolling vast expanses of land and for  
     game control, where in some instances animals have  
     attacked humans.  CAUSE knows that under these  
     situations it is not only responsible to equip these  
     peace officers with these firearms it would be  
     irresponsible not to do so.

The State Parks Peace Officers Association has also written  
in support of adding those officers as part of an expanded  
peace officer exemption and state that those officers "no  
less than any others working dangerous areas and  
conditions, should be allowed access to whatever means and  
tools are available to protect and preserve life and  
property."











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It does appear that the original peace officer exemption in  
the Roberti-Roos Act was derived from the exemption that is  
contained in other provisions of law pertaining to  
short-barreled rifles and shotguns, machine guns (fully  
automatic weapons), and silencers and which pre-existed  
Roberti-Roos.  Whether any further discussion of actual  
peace officer needs went beyond that level of discussion  
when Roberti-Roos was enacted is not clear.  As noted  
above, this bill would additionally further exempt the  
specified peace officers exempted in Roberti-Roos while on  
duty, etc., to allow those officers to possess assault  
weapons off-duty and in retirement as well.

SHOULD THESE SIX STATE PEACE OFFICER CATEGORIES BE EXEMPTED  
FROM THE PROVISIONS OF ROBERTI-ROOS - AS AMENDED BY THIS  
BILL - SO THAT THEY MAY USE ASSAULT WEAPONS "WHEN ON DUTY  
AND THE USE IS AUTHORIZED BY THE AGENCY AND IS WITHIN THE  
COURSE AND SCOPE OF THEIR DUTIES"?

8.   Department of Justice Costs Created by This Bill  

The Roberti-Roos Assault Weapons Control Act of 1989  
requires the Department of Justice to "conduct a public  
education and notification program regarding the  
registration of assault weapons, including outreach to  
local law enforcement agencies and utilization of public  
service announcements in a variety of media approaches, to  
ensure maximum publicity of the limited forgiveness period  
of the registration requirement."  (Penal Code section  
12289)

The Department is to "develop posters describing gun  
owners' responsibilities under this chapter which shall be  
posted in a conspicuous place in every licensed gun store  
in the state during the forgiveness period."

The costs of that program which cannot be absorbed by the  
Department are to be paid for from the DROS account -  
Dealer's Record of Sale account which contains the fees  











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paid by applicants to buy firearms and pay for background  
checks - upon appropriation by the Legislature.  

Since Roberti-Roos was enacted the DROS account has been  
limited by SB 670 (Chapter 901, Statutes of 1996) which  
limited the maximum DROS fee to $14 - with a cost of living  
increase allowed - and limited the use of the DROS fee  
account monies to specified items pertaining to background  
checks.

Given those existing limitations, the funds available in  
the DROS account may not be so readily available in 2000 as  
they may have been in 1990.  Therefore there may need to be  
future discussions about the costs of implementing SB 23  
and how the Department of Justice may be able to pay those  
costs.


9.   Existing Penalty Enhancements - Effect of This Bill  

This bill does not increase the penalty enhancements that  
currently apply for the use of assault weapons in criminal  
acts.  However, the generic definition of assault weapons  
added by this bill will include more weapons, which may  
trigger those existing enhancements.  Those include Penal  
Code Section 245(a)(3) for assault on another with an  
assault weapon - four, eight or twelve years; Section  
245(d)(3) assault on a peace office or firefighter - six,  
nine, or twelve years; Section 12022(a)(2) armed with an  
assault weapon in the commission of any felony - three  
years (including if any other person involved is personally  
armed); and Section 12022.5(b)(2) if the person personally  
uses an assault weapon - five, six, or ten years.

These enhancements are in addition to any other  
enhancements under "10-20-Life" and to any effects of the  
"Three-strikes" law and would apply in addition to any  
violations of the possession of a detachable large-capacity  
magazine if SB 23 were enacted.  












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10.   Opposition to This Bill  

The California Rifle and Pistol Association letter in  
opposition to this bill includes the following:

     The definitions of "Assault Weapons" status in  
     proposed penal code section 12276.1 are far in excess  
     of similar definitions in the federal "Assault  
     Weapons" law, and would sweep in traditional hunting  
     and recreational firearms that no one actually  
     familiar with firearms would consider to be "Assault  
     Weapons".

     Given the use limitations placed on "Assault Weapons"  
     under exiting state law, the very restrictive  
     definitions in this proposed section would unfairly  
     impact thousands of lawful firearms owners like those  
     who enjoy hunting and other firearms related sports on  
     public lands such as the state and national forests. .  
     . At a minimum, conformance to the attribute based  
     definitions already in federal law would lead to  
     better public understanding of the state law and  
     facilitate enforcement by officers in the field.

     CRPA believes the 10 round ammunition capacity limit  
     for magazines is inappropriate as many firearms come  
     factory equipped with larger magazines and, in order  
     to compete in national marksmanship competitions, 20  
     rounds is required.  There are million of magazines  
     currently owned that have capacities greater than 10  
     rounds.  Will the state reimburse the owners of these  
     magazines for the costs of having them modified to  
     accept no more than 10 rounds or will the state "take"  
     these magazines through confiscation or others means?

The NRA has indicated with the author and staff of the  
committee that "conspicuously protruding pistol grip" is  
confusing and that there are no standards in the bill about  
what would constitute a permanent alteration to a  
detachable large-capacity magazine.











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11.   Possible Author's Amendments to This Bill  

In addition to the CAUSE peace officer exemption discussed  
in Comment # 7, the author may, in addition to technical  
amendments, propose to change the references in the bill  
concerning the "conspicuously protruding pistol grip"  
pertaining to a semiautomatic, centerfire rifle and a  
semiautomatic shotgun to read, instead:

     On page 29, line 38, strike out " a conspicuously  
     protruding pistol grip." and insert:

           A pistol grip that protrudes conspicuously  
          beneath the action of the weapon  .

     On page 30, line 26, after "A," strike out  
     "conspicuously protruding," and after "pistol grip,"  
     insert:

          that protrudes conspicuously beneath the action of  
  the weapon  .
    
The author may propose that the language pertaining to a  
semiautomatic, centerfire rifle and "threaded barrel" be  
amended to instead read:

     On page 30, line 13, after "barrel," insert:

           capable of accepting a flash suppressor, forward  
     handgrip, or silencer  

The author may also propose that the language pertaining to  
a semiautomatic pistol capable of accepting a detachable  
magazine and which has a "second vertical handgrip" to  
delete the word "vertical" (on page 30, Line 14, after  
"second," strike-out "vertical"). 
 

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