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complete text of ab448 very long read!!!
65gto389
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AB 448
Page 1
Date of Hearing: April 5, 2005
Chief Counsel: Gregory Pagan
ASSEMBLY COMMITTEE ON PUBLIC SAFETY
Mark Leno, Chair
AB 448 (La Suer) - As Introduced: February 15, 2005
SUMMARY : Repeals California's Assault Weapons Band which
regulates the sale, transportation, possession and registration
of assault weapons.
EXISTING LAW :
1)Provides that the manufacture, possession for sale,
importation, transportation and distribution, as specified, of
any assault weapon, .50 BMG rifles, or the frame or receiver
of same is punishable by four, six or eight years in state
prison. [Penal Code Section 12280(a).]
2)Provides that possession of any assault weapon is punishable
by one year in the county jail or 16 months, 2 or 3 years in
state prison. A first offense is punishable by a fine of no
more than $500 if a person possesses no more than two assault
weapons and meets specified criteria. [Penal Code Section
12280(b).]
3)Defines "assault weapon" as the following:
a) A semiautomatic, centerfire rifle that has the capacity
to accept a detachable magazine and has at least one of the
following:
i) A pistol grip that protrudes conspicuously beneath
the action of the weapon;
ii) A thumbhole stock;
iii) A vertical handgrip;
iv) A folding or telescoping stock;
v) A grenade launcher or flare launcher;
AB 448
Page 2
vi) A flash suppressor; or,
vii) A forward handgrip.
b) A semiautomatic, centerfire rifle that has a fixed
magazine with the capacity to accept more than 10 rounds.
c) A semiautomatic, centerfire rifle that has an overall
length of less than 30 inches.
d) A semiautomatic pistol that has the capacity to accept a
detachable magazine and has at least one of the following:
i) A threaded barrel, capable of accepting a flash
suppressor, forward handgrip, or silencer;
ii) A second handgrip;
iii) 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,
excepting a slide that encloses the barrel; or,
iv) The capacity to accept a detachable magazine at
some location outside of the pistol grip.
e) A semiautomatic pistol with a fixed magazine that has
the capacity to accept more than 10 rounds.
f) A semiautomatic shotgun that has both of the following:
i) A folding or telescoping stock; and,
ii) A pistol grip that protrudes conspicuously beneath
the action of the weapon, thumbhole stock, or vertical
handgrip.
g) A semiautomatic shotgun that has the ability to accept a
detachable magazine.
h) Any shotgun that has a revolving cylinder. (Penal Code
Section 12276.1.)
4)Makes it an alternate felony/misdemeanor for any person who
AB 448
Page 3
manufactures or causes to be manufactured, imports into
California, keeps for sale, offers or exposes for sale, gives
away, or lends any large-capacity magazine with specified
exceptions. [Penal Code Section 12020(a)(2).]
5)Defines "large-capacity magazine" as any ammunition-feeding
device with the capacity to accept more than 10 rounds, but
shall not include a feeding device that has been permanently
altered so that it cannot accept more than 10 rounds nor shall
it include any .22 caliber tube ammunition-feeding device.
[Penal Code Section 12020(c)(25).]
6)Exempts the sale, giving, lending, importation, or purchase of
a "large-capacity magazine" to any federal, state, county,
city and county, or city agency that is charged with the
enforcement of any law, for use by any employee in the
discharge of their official duties whether on or off duty, and
the use is authorized by the agency and is within the course
and scope of those duties. [Penal Code Section 12020(b)(19).]
7)Exempts the sale to, lending to, transfer to, purchase by,
receipt of, or importation of a large-capacity magazine by a
sworn peace officer, as defined, who is authorized to carry a
firearm in the course and scope of his or her duties. [Penal
Code Section 12020(b)(20).]
FISCAL EFFECT : Unknown
COMMENTS :
1)Author's Statement : According to the author, "Since there is
a growing body of unassailable scientific evidence to show
that gun control laws including the California Assault Weapons
laws have no impact on violent crime, suicide or unintentional
shootings, it is important that the California laws be
repealed from the statutes and follow the lead of the United
States Congress. California residents should not be held to a
different standard than citizens of other states when it comes
to the possession of firearms that are legal under federal
law.
2)Recent Research : The author's has provided a report by the
Task Force on Community Preventive Services, an independent
AB 448
Page 4
nonfederal task force which conducted a systematic review of
scientific evidence regarding the effectiveness firearms law
in preventing violence, including violent crimes, suicides and
unintentional injury. The following laws were evaluated:
bans on specified firearms or ammunitions, restrictions on
firearm acquisition, waiting periods for firearms acquisition,
firearms registration and licensing of firearms owners,
shall-issue concealed weapons carry laws, child access
prevention laws, zero tolerance for firearms in schools, and
combinations of firearms laws. The Task Force found
insufficient evidence to determine the effectiveness of any of
the firearms laws or combinations of laws reviewed on violent
outcomes. The Task Force went on to state "that insufficient
evidence to determine effectiveness should not be interpreted
as evidence of ineffectiveness."
3)Legislative Findings and Declarations : In Penal Code Section
12275.5 of the Roberti-Roos Assault Weapons Control Act, the
Legislature memorialized its reasons for regulating assault
weapons: "The Legislature hereby finds and declares that the
proliferation and use of assault weapons poses a threat to the
health, safety, and security of all citizens of California.
The Legislature has restricted the assault weapons specified
in Penal Code Section 12276 based upon finding that each
firearm has such a high rate of fire and capacity for
firepower that its function as a legitimate sports or
recreational firearm is substantially outweighed by the danger
that it can be used to kill and injure human beings. It is
the intent of the Legislature in enacting this chapter to
place restrictions on the use of assault weapons and to
establish a registration and permit procedure for their lawful
sale and possession. It is not, however, the intent of the
Legislature by this chapter 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."
4)Argument in Support : The California Sportsman's Lobby (CSL)
states, "The firearms defined by state law to be assault
weapons are functionally nothing more than civilian
semiautomatics. What sets them apart form other civilian
semiautomatics is their military-like external appearance,
which has nothing to do with their functionality. The term
'assault weapon' in state law is really nothing more than
discrimination based on appearance. CSL believes this is
AB 448
Page 5
inappropriate and thus supports repeal of the assault weapons
ban."
5)Argument in Opposition : The Legal Community Against Violence
(LCAV) states, "In 1989, California became the first state to
ban assault weapons after a gunman wielding an SKS
rifle - a semiautomatic variant of the military style AK-47 -
killed five children and wounded 30 others at a Stockton
schoolyard. The California law is widely viewed as the
strongest in the nation
"Congress banned assault weapons in 1994 with the support of
every major law enforcement organization in the nation.
Unfortunately, that law contained a 10-year sunset provision
and was allowed to expire on September 13, 2004, despite the
fact that renewal was supported by an overwhelming majority of
the American public, including gun owners, and had resulted in
a significant drop in the number of gun traces involving
assault weapons. Accordingly, these weapons of war are now
legal again nationwide, except where banned by state or local
law. In light of the expiration of the federal law, it is now
more critical than ever for California to keep its assault
weapons ban intact. Accordingly, LCAV urges the Committee to
oppose this bill."
6)Prior Legislation : AJR 56 (Frommer), Chapter 188, Statutes of
2004, urged the President of the United States and Congress to
reauthorize and strengthen the federal assault weapons ban.
SB 23 (Perata), Chapter 129, Statutes of 1999, added a "generic"
definition of assault weapons to the Assault Weapons Control
Act of 1989, and made the sale, manufacture, or importing of
large-capacity magazines an alternate felony/misdemeanor.
REGISTERED SUPPORT / OPPOSITION :
Support
California Sportsman's Lobby
Citizens Committee for the Right to Keep and Bear Arms
National Rifle Association
National Shooting Sports Foundation
Outdoor Sportsmen's Coalition of California
12 private citizens
AB 448
Page 6
Opposition
California Chapter of the American College of Emergency
Physicians
California Church
Friends Committee on Legislation in California
Legal Community Against Violence
Office of the Attorney General
Analysis Prepared by : Gregory Pagan / PUB. S. / (916)
319-3744
Page 1
Date of Hearing: April 5, 2005
Chief Counsel: Gregory Pagan
ASSEMBLY COMMITTEE ON PUBLIC SAFETY
Mark Leno, Chair
AB 448 (La Suer) - As Introduced: February 15, 2005
SUMMARY : Repeals California's Assault Weapons Band which
regulates the sale, transportation, possession and registration
of assault weapons.
EXISTING LAW :
1)Provides that the manufacture, possession for sale,
importation, transportation and distribution, as specified, of
any assault weapon, .50 BMG rifles, or the frame or receiver
of same is punishable by four, six or eight years in state
prison. [Penal Code Section 12280(a).]
2)Provides that possession of any assault weapon is punishable
by one year in the county jail or 16 months, 2 or 3 years in
state prison. A first offense is punishable by a fine of no
more than $500 if a person possesses no more than two assault
weapons and meets specified criteria. [Penal Code Section
12280(b).]
3)Defines "assault weapon" as the following:
a) A semiautomatic, centerfire rifle that has the capacity
to accept a detachable magazine and has at least one of the
following:
i) A pistol grip that protrudes conspicuously beneath
the action of the weapon;
ii) A thumbhole stock;
iii) A vertical handgrip;
iv) A folding or telescoping stock;
v) A grenade launcher or flare launcher;
AB 448
Page 2
vi) A flash suppressor; or,
vii) A forward handgrip.
b) A semiautomatic, centerfire rifle that has a fixed
magazine with the capacity to accept more than 10 rounds.
c) A semiautomatic, centerfire rifle that has an overall
length of less than 30 inches.
d) A semiautomatic pistol that has the capacity to accept a
detachable magazine and has at least one of the following:
i) A threaded barrel, capable of accepting a flash
suppressor, forward handgrip, or silencer;
ii) A second handgrip;
iii) 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,
excepting a slide that encloses the barrel; or,
iv) The capacity to accept a detachable magazine at
some location outside of the pistol grip.
e) A semiautomatic pistol with a fixed magazine that has
the capacity to accept more than 10 rounds.
f) A semiautomatic shotgun that has both of the following:
i) A folding or telescoping stock; and,
ii) A pistol grip that protrudes conspicuously beneath
the action of the weapon, thumbhole stock, or vertical
handgrip.
g) A semiautomatic shotgun that has the ability to accept a
detachable magazine.
h) Any shotgun that has a revolving cylinder. (Penal Code
Section 12276.1.)
4)Makes it an alternate felony/misdemeanor for any person who
AB 448
Page 3
manufactures or causes to be manufactured, imports into
California, keeps for sale, offers or exposes for sale, gives
away, or lends any large-capacity magazine with specified
exceptions. [Penal Code Section 12020(a)(2).]
5)Defines "large-capacity magazine" as any ammunition-feeding
device with the capacity to accept more than 10 rounds, but
shall not include a feeding device that has been permanently
altered so that it cannot accept more than 10 rounds nor shall
it include any .22 caliber tube ammunition-feeding device.
[Penal Code Section 12020(c)(25).]
6)Exempts the sale, giving, lending, importation, or purchase of
a "large-capacity magazine" to any federal, state, county,
city and county, or city agency that is charged with the
enforcement of any law, for use by any employee in the
discharge of their official duties whether on or off duty, and
the use is authorized by the agency and is within the course
and scope of those duties. [Penal Code Section 12020(b)(19).]
7)Exempts the sale to, lending to, transfer to, purchase by,
receipt of, or importation of a large-capacity magazine by a
sworn peace officer, as defined, who is authorized to carry a
firearm in the course and scope of his or her duties. [Penal
Code Section 12020(b)(20).]
FISCAL EFFECT : Unknown
COMMENTS :
1)Author's Statement : According to the author, "Since there is
a growing body of unassailable scientific evidence to show
that gun control laws including the California Assault Weapons
laws have no impact on violent crime, suicide or unintentional
shootings, it is important that the California laws be
repealed from the statutes and follow the lead of the United
States Congress. California residents should not be held to a
different standard than citizens of other states when it comes
to the possession of firearms that are legal under federal
law.
2)Recent Research : The author's has provided a report by the
Task Force on Community Preventive Services, an independent
AB 448
Page 4
nonfederal task force which conducted a systematic review of
scientific evidence regarding the effectiveness firearms law
in preventing violence, including violent crimes, suicides and
unintentional injury. The following laws were evaluated:
bans on specified firearms or ammunitions, restrictions on
firearm acquisition, waiting periods for firearms acquisition,
firearms registration and licensing of firearms owners,
shall-issue concealed weapons carry laws, child access
prevention laws, zero tolerance for firearms in schools, and
combinations of firearms laws. The Task Force found
insufficient evidence to determine the effectiveness of any of
the firearms laws or combinations of laws reviewed on violent
outcomes. The Task Force went on to state "that insufficient
evidence to determine effectiveness should not be interpreted
as evidence of ineffectiveness."
3)Legislative Findings and Declarations : In Penal Code Section
12275.5 of the Roberti-Roos Assault Weapons Control Act, the
Legislature memorialized its reasons for regulating assault
weapons: "The Legislature hereby finds and declares that the
proliferation and use of assault weapons poses a threat to the
health, safety, and security of all citizens of California.
The Legislature has restricted the assault weapons specified
in Penal Code Section 12276 based upon finding that each
firearm has such a high rate of fire and capacity for
firepower that its function as a legitimate sports or
recreational firearm is substantially outweighed by the danger
that it can be used to kill and injure human beings. It is
the intent of the Legislature in enacting this chapter to
place restrictions on the use of assault weapons and to
establish a registration and permit procedure for their lawful
sale and possession. It is not, however, the intent of the
Legislature by this chapter 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."
4)Argument in Support : The California Sportsman's Lobby (CSL)
states, "The firearms defined by state law to be assault
weapons are functionally nothing more than civilian
semiautomatics. What sets them apart form other civilian
semiautomatics is their military-like external appearance,
which has nothing to do with their functionality. The term
'assault weapon' in state law is really nothing more than
discrimination based on appearance. CSL believes this is
AB 448
Page 5
inappropriate and thus supports repeal of the assault weapons
ban."
5)Argument in Opposition : The Legal Community Against Violence
(LCAV) states, "In 1989, California became the first state to
ban assault weapons after a gunman wielding an SKS
rifle - a semiautomatic variant of the military style AK-47 -
killed five children and wounded 30 others at a Stockton
schoolyard. The California law is widely viewed as the
strongest in the nation
"Congress banned assault weapons in 1994 with the support of
every major law enforcement organization in the nation.
Unfortunately, that law contained a 10-year sunset provision
and was allowed to expire on September 13, 2004, despite the
fact that renewal was supported by an overwhelming majority of
the American public, including gun owners, and had resulted in
a significant drop in the number of gun traces involving
assault weapons. Accordingly, these weapons of war are now
legal again nationwide, except where banned by state or local
law. In light of the expiration of the federal law, it is now
more critical than ever for California to keep its assault
weapons ban intact. Accordingly, LCAV urges the Committee to
oppose this bill."
6)Prior Legislation : AJR 56 (Frommer), Chapter 188, Statutes of
2004, urged the President of the United States and Congress to
reauthorize and strengthen the federal assault weapons ban.
SB 23 (Perata), Chapter 129, Statutes of 1999, added a "generic"
definition of assault weapons to the Assault Weapons Control
Act of 1989, and made the sale, manufacture, or importing of
large-capacity magazines an alternate felony/misdemeanor.
REGISTERED SUPPORT / OPPOSITION :
Support
California Sportsman's Lobby
Citizens Committee for the Right to Keep and Bear Arms
National Rifle Association
National Shooting Sports Foundation
Outdoor Sportsmen's Coalition of California
12 private citizens
AB 448
Page 6
Opposition
California Chapter of the American College of Emergency
Physicians
California Church
Friends Committee on Legislation in California
Legal Community Against Violence
Office of the Attorney General
Analysis Prepared by : Gregory Pagan / PUB. S. / (916)
319-3744