Monday, January 14, 2013

SB 47 (Yee, California)

Text of the proposed legislation is here as of this posting (note: PDF download). 


Redefines an "assault weapon", for California purposes, as:

  1. (1) A semiautomatic, centerfire rifle that has the capacity to accept a detachable magazine and does not have a fixed magazine but has any one of the following:

And defines "fixed magazine" thusly:

  1. (b) For purposes of this section, “fixed magazine” means an ammunition feeding device contained in, or permanently attached to, a firearm in such a manner that the device cannot be removed without disassembly of the firearm action. 

Note that in addition to (1) above, other definitions of "assault weapons" under CA law still stand, i.e. specific rules for pistols, shotguns, firearms short of an overall length minimum, etc.  I'm just being brief here to highlight a few things.

The proposed law also re-opens "assault weapon" legislation:

  1. (c) Any person who, between January 1, 2001 and January 1, 2014, lawfully possessed an assault weapon that does not have a fixed magazine, as defined in section 30515 and including those weapons with an ammunition feeding device that can be removed readily from the firearm with the use of a tool, shall register the firearm by July 1, 2014, with the department pursuant to those procedures that the department may establish.
This is actually really interesting.  Given the number of "offlist lowers" (OLLs) that have come into California since 2005, that means CalDOJ is going to likely be flooded with registration paperwork between the time this bill passes and 7/1/14.  However, this also has some potentially interesting side effects for OLL owners, and may even act as an amnesty period for anyone who didn't know how screwed up our laws are and moved here after the last registration period closed, didn't know they had to register last time, etc.  

Registration is really kind of a toss-up here.  On the one hand, you can configure just about any newly classed AW (especially AR and AK rifles) to evade this ban.  Hence, you won't need to register.  But, registration would have some benefits for those willing to go down that road (I'm not, screw that noise).  

Basically, Yee's going to help introduce a pile of even more dangerous (in his eyes, not mine) "assault weapons" into California.  Furthermore, other than preventing use of a Bullet Button or other magazine lock kit, he's not going to keep future AR and AK type rifles out of California with this tweak.  The door is open, and he can't shut it, at least not all the way.


1 comment:

  1. Can you please elaborate on a few points?

    1. How is this proposed legislation going to "help" introduce a pile of new "assault weapons"?

    2. Where is the proposed legislation are they trying to prevent use of the Bullet Button and other magazine lock devices?