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HomeMy WebLinkAboutMINUTES - 08122003 - SD.3 TO: BOARD OF SUPERVISORSQkdpsCounty Contra FROM: Supervisors John Gioia and Gayle B. Uilkema �,,,, ostDATE: August 12, 20103 SUBJECT: ADOPT POSITION ON AS 50, AND DEVELOP ORDINANCE LIMITING THE SALE OF LARGE CALIBER FIREARMS SPECIFIC REQUEST(S)OR RECOMMENDATION($)&BACKGROUND AND JUSTIFICATION RECOMMENDATIONS: 1. DIRECT the County Counsel to draft an ordinance for the Board's consideration restricting the sale of .50 caliber sniper rifles based upon the attached ordinance recently passed by the City of Los Angeles; and 2. ADOPT a position of support of AB 50 (Karen), which would classify the .50 caliber BMC rifle as an assault weapon and place, subject to certain exceptions, restrictions on the manufacture, import, sale, and ownership of .50 caliber BMG rifles; IF AMENDED to prohibit possession or ownership of .50 BMC rifles by any individuals except law enforcement and peace officers of federal, state, county, city and city and county agencies. BACKGROUND: The .50 caliber sniper rifle has the capacity to hit targets from a distance of one mile and can cause damage from a distance of four miles. The .50 caliber sniper rifle has five times the muzzle power of a .357 magnum handgun, and can penetrate nearly eight itches of concrete from a distance of 400 yards. Originally designed for heavy military use, all types of .50 caliber ammunition are readily available to civilians in the United States and thus easily available to foreign and domestic terrorists. With such destructive powers, .50 caliber sniper rues are no more regulated than hunting rifles and less regulated than handguns. These high caliber firearms are especially dangerous in Contra Costa County because the County contains the highest concentration of refineries in Northern California. CONTINUED ON ATTACHMENT: YES SIGNATURE: —RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER t r r SIGNATURE(S): ACTION OF BtSARD ON , 'fi APPROVE AS RECOMMENDS OTHER . 1 t SEE SPFAKM LIST ATTAQW. a VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT COPY OF AN ACTION TAKEN X. _. UNANIMOUS(ABSENT= AND ENTERED ON THE MINUTES OF THE BOARD OF SUPERVISORS ON THE.DATE AYES: NOES: SHOWN, ABSENT: ABSTAIN: ATTESTED: AUGUST 92,2003 CONTACT: JOHN SWEETEN,CLERK OF THE DOARD OF SUPERVISORS AND CC: CAO OUNTY ADMINISTRATOR County Lobbyist BV w, DEPUTY BACKGROUND (conVdl AB 50 (Koretz) provides restrictions on the ownership and possession of .50 caliber BMC rifles, with specified exceptions, including federal, state, county, city and city and county law enforcement and peace officers; retired peace officers; licensed firearm dealers; non-residents of California bringing the weapon into the state for specific tournament or educational purposes under specified conditions; executors/ administrators of estates that include a .50 caliber BMC rifle; and California residents with a lawful permit which can be granted only for purposes of use at approved target ranges, shooting clubs, exhibits or educational projects as specified. As recommended, the Board of Supervisors would support AB 50 (Koretz) only if amended to limit authorized possession or ownership to non-retired law enforcement personnel and peace officers. AB 50 has passed out of its house of origin, the Assembly. It was heard in the Senate Public Safety Committee and failed passage on July 8, 2003. However, it was granted reconsideration. With the Senate adjourned until August 18, 2003, it must be acted on by the end of August or held in Committee until January, the start of the new session. According to the County's lobbyist, there is a good likelihood that the Author would then amend the bill as necessary to assure passage. If so, the Board may wish to revisit the bill at that time. i r ADDENDUM TO ITEM SD.3 August 12, 2003 On this day, the Board of Supervisors considered directing the County Counsel to draft an Ordinance restricting the sale of.50 caliber BMG rifles, and to adopt a position of support of AB 50 (Koretz); The Board continued to discuss the matter, the public hearing was opened, and the following people spoke: Andres Sato, 2420 Lowell Avenue, Richmond; Barry Hinds, 3973 Bolinas Place, Dublin; Bruce Johnson, .2801 Carmona Way; Diane Barde, (Million Mom March)P.O.Box 23534, Pleasant Hill; Dr. John Steward, 1600 Campesino Court, Alamo; Eric Gorovitz, P.O. Box 7629, Berkeley; Eric Williams, 5860 Clinton Avenue, Richmond; George F. Findley, 4260 Wilson lane, Concord; Joan Lautenberger, (League of Women Voters of Diablo Valley) 3979 Peardabe Drive; Lafayette; John Corl, 1052 Balmore Court, El Sobrante (Libertarian Party); John Simutis, 1560 West Street, Concord; Joseph Congi, 1813 Crestwood Court, Concord.; Julissa Jose, (Brady Campaign United Way— billion Morn March) 10951 West Pico Boulevard, Los Angeles; Marguerite Kauble, 725 Kendall, Crockett; Marilyne L. Mellander, 7010 Monte Verde Road, El Sobrante; Mark Stone, 3915 Delta Fair Boulevard#Dl 1, Antioch; Mike Haas, 3867 La Collna Road, El Sobrante; Phyllis Ceaser, (League of Women Voters) 22 San Jose; Robert Fahey, 4538 Dam Road, El Sobrante; Wally Shoults, 2977 Grant Street, Concord; The following people submitted speaker cards with comments, and did not speak: Denise Gianni, 5154 Simoni Court, Richmond; Juliet Leftwich, San Francisco Legal Community Against Violence); 268 Bush Street, #55, San Francisco; Denise Gianni, 5154 Simoni Court, Richmond, All those desiring to speak having been heard, the Board took the following action: • DIRECTED the County Counsel to draft an ordinance for the Board's consideration to restrict the sale of.50 caliber BMG rifles based upon an ordinance recently passed by the City of Los Angeles; • ADOPTED a position of support on AB 50 (Koretz), which would classify the .50 caliber BMG rifle as an assault weapon and place, subject to certain exceptions, restrictions on the manufacture, import, sale, and ownership of .50 caliber BMG rifles. Supervisor Gioia made a motion to move the item. and Supervisor Uilkema seconded the item. The vote was as follows: AYES: Supervisor Gioia, Uilkema, Greenberg, Glover and DeSaulnier NOES: None ABSTAIN: bone ABSENT: None Motion passed. tECAL COMMUNITY AGAINST SOLENCE treamis 1—19 c J LawCenter AUG 12 2003 # 7 aOAR, OF DiRECTM5, The Second. Amendment: :aP;L6 V-'ousek 5 Frequently Asked Questions Owen 3.C:%emen+s 'rice rzsicer ar;r.'iseas4re; 1)What does the Second Amendment say? "A well regulated Militia, being necessary to the security of a free State, the right sc reta;_r of the people to keep and bear Arms shall not be infringed." aer� aer 2) How have the courts interpreted the Second Amendment? 3.5erga RogerL.Borurn The U.S. Supreme Court last addressed the meaning of the Second Amendment in U.S. v.Miller, 307 U.S. 174 (1939). In that case,the court rejected a Second V.;.fserr>) Amendment challenge to a federal law prohibiting the interstate transportation of sawed-off shotguns, holding that the"obvious purpose" of the Amendment was to "assure the continuation and render possible the effectiveness"of the state militia and it "must be interpreted and applied with that end in view." :wr:cre.�s,+5.�tis:.'stin�s Dona:d Y.3,sep Since Miller, the meaning of the Second Amendment has been addressed in Da"' 3. a.I:��sley f�" Caro#'A.�iapproximately 200 federal and state appellate cases. Those cases have uniformly Fau: M,Krckor;ar. rejected Second Amendment challenges to firearms laws. Although the U.S sobn,;C,i a,wrer Supreme Court has not directly ruled on the Second Amendment since 1939, its c6arr. -©�r= actions have been consistent with Miller. The court has had numerous opportunities to review lower court decisions rejecting Second Amendment f se gee challenges to firearms laws, and has consistently refused to do so. Fas31 A.^enre BaFlJV,egin rv.S"4.;Cy y 3) Does the Second Amendment apply to state and local laws? Randa#S"O"'t ;own M, #sor berg leo. Courts considering challenges to state and local gun laws have held that the Sti*;F;;Stub#;;ed Second Amendment only constrains the federal government, and does not apply to actions by state or local governments. See Presser v. Illinois, 116 U.S. 252 (1886)(the Second Amendment has no application to state laws), and Fresno Rifle George EXTutfe &Pistol Club, Inc. v. Van De Damp, 965 F.2d 723 (9"' Cir. 1992)(the Second Sue Ain 3.ev'Rr;Schiff Amendment is not incorporated into the Bill of Rights against the states through Execs €Va D4eacr the Fourteenth Amendment and is therefore inapplicable to state laws). 4)What is the U.S. a Emerson case? In U.S. v. Emerson, 270 F.3d 203 (5`h Cir. 2001) the U.S. Court of Appeals for the Fifth Circuit considered a Second Amendment challenge to a federal law prohibiting firearms possession by persons subject to a domestic restraining order. Although all three judges on LEGAL CGMTv1l'WTY AGAMS? .7 OLE4C:w M EEKEkt?MS :.AW CENTER, A PKGi CT OLCAV 2.5'Bus"Street,#555 Sar:rrancisco,CA g4,oe. ':e#4.5-433-206? >ax 411-433-3357 the Fifth Circuit panel agreed that the law was constitutional, two of the judges expressed their personal view that the Amendment protects an individual right to possess firearms. This view, based on the justices' analysis of the historical context of the Amendment, is dicta (i.e., unnecessary to the outcome of the case) and not binding on other courts. No other federal court has ever expressed the Emerson "individual rights"view. In Silveira v. Lockyer, 2002 DJDAR 13739(9th Cir. Dec.5, 2002), the U.S. Court of Appeals for the Ninth Circuit rejected a Second Amendment challenge to California's Assault Weapons Control Act after engaging in its own historical analysis of the Amendment. The Court concluded, as it had in prior decisions,that the Amendment protects the right of the people to maintain effective state militias,but does not provide any type of individual right to possess weapons. The Court stated that in its view, the Fifth Circuit's analysis in Emerson is contrary to and incompatible with the Supreme Court's ruling in Miller. 5)What is the position of the National Rifle Association on the Second Amendment? The NRA has long taken the position that the Second Amendment guarantees the absolute right of every American to privately possess firearms. This claim is the cornerstone of the NRA's advocacy, advertising and fundraising efforts. 6)How does the American public view the Second Amendment? Largely because of the NRA's aggressive advocacy campaigns,most Americans believe the Second Amendment forbids the enactment of firearms regulations. According to a 1999 USA Today Weekend poll, 89 percent of Americans favor restrictions on gun ownership, yet 52 percent believe the"right to bear arms"needs to be eliminated or modified to enable such restrictions to be lawfully pursued. Former U.S. Supreme Court Chief Justice Warren Burger once characterized the MRA's interpretation of the Second Amendment as"one of the greatest pieces of fraud, I repeat the word fraud, on the American public by special interest groups that I have ever seen in my lifetime." 7) What is U.S. Attorney General Jahn Ashcroft's view of the Second Amendment? U.S. Attorney General John Ashcroft, a lifelong NRA member, has taken the position that the Second Amendment broadly protects the rights of individuals to possess firearms, unrelated to service in a well-regulated state militia. Ashcroft expressed this view in a May 2001 letter to the NRA and again in a November 2001 letter to federal prosecutors nationwide. In May of 2002, the Justice Department announced, in footnotes in briefs filed with the U.S. Supreme Court in two cases, including Emerson, that the Department had adopted Ashcroft's view of the Second Amendment. The Justice Department's new position regarding the Amendment represents a complete reversal of more than 60 years of government policy and contradicts well-settled legal precedent, including the U.S. Supreme Court's holding in Miller. Within weeks of the announcement, the Department's position was asserted against the Government by attorneys representing John Walker Lindh(the American who fought with Taliban forces) and by defendants challenging Washington, D.C.'s handgun ban. December 2002 IN By C.D. Michel - CRPks Legal Counsel for Litigation and Local Affairs' � l C P who can't figure out how to comply with, False claims about the firearms capabili- N both the state and local few simultaneous= ties were rampant at`the Police ' ",flft ly(the taws conflict in some respects). Commission hearing, and at a previous �R City Council hearing on the issue-�where Tellingly, despite having more gun control an illegal and prohibited .50 caliber Or,June 13,the Los Angeles City Council taws then any other city in the state, Los "assault weapon"was displayed and Angeles still has a shockingly high home falsely claimed to be available to the pub voted to repeal;+s"assault weapon"lards- tide and crime rate, its gun control efforts lic,The fact that there are almost no gun nanoe in response to a lawsuit filed by have failed miserably, dealers left,and that very few of these CRPA on March 25, 2t 03, in Los Angeles , Co�sniy t���perior Co'-is't:�i�C29273Ci), The guns are said by hose dealers,was not addressed. The versions of these guns suit challenged the City's"assaultBUIEQURf LM available to civilians-usually incorporat and preempted ordinance b e unconstitutional ing slow firing belt actions are designed and proem€Sted by the state's"assault primarily for competitive target shooting law. Other plaintiffs in the lawsuit groups, and for hunting,They typically include several LA residents who own cost between 2,000 and 10,000 do€Pars, firearms alis-classified as"assault ANNUALSALD For the truth about the capabilities of weapons" by the city law. these firearms, visit www,fcspi.org Uri Friday,June 6; the LA City Council Before filing-suit,CROA sent a series of voted to adopt an ordinance that bans the While gang.murder and drug related trio- ore-litigation demand"letters to the City sale of.50 Caliber rifles in the city.In the lence continues to rise, LA politiciar:s are Attorney's efface askin€t that the;ordi- process,the city banned something that touting laws that actually regulate nothing, name;and several others,be repealed, almost never happeris.Due to excessive �-because the few dealers left in to just The City Attorney concluded,in a publidY city fees and red Pape,most firearm deal- don't sell these gums. This is Goidllocks available opinior,letter,that the ordi-' ers have closed down car moved out of gun control pore and scruple„ Los Angeles riance, as well as the city's"Saturday Los Angelesjn recent years. In fact, has banned tuns they claimed were too_ '~light Special"ordinance,its"ane gun a according to the LAPD gun unit,there are small,now they want to ban the ones they momh"ordinance,aced several other city now only four licensed gun dealers,with claim are tort twig: All this is a pretext. guncontrol ordinances,are now preemptµ tp total storefronts', left in the entire City because several members of the council ed by state laws, Now that the city has of four million people.The only ones we have admitted that,self-defense be lost the suit,the court will be relied to know of are Cheerful Al's Surplus store in damned,to them no grin is just right, make the city pay back CRPA's attorneys Sacs Pedro;Turner's Outdoorsman in fees. Reseda,The LA Police Revolver and 'The policy is somewhat symbolic," admit- Athletic Club at the LAPD academy;and ted Police Commission President hick A new suit c llenq,ng the other ordi. Big 5 Sporting Goods Stores,with 7 loca Caruso. That is a whopper of an under- nances will be filed soon, as well as a tions in the City. (#f you know of other statement,in light of the fact that ILA deal- challenge to the city's new bars on the dealers in the City of LA,please let us ers aren't selling these guns, and the sale of.50 caliber firearms, know). The Big 5 stores do not sell any guns can be bought outside the city and handguns nor 50 caliber firearms at all. brought in—a process which removes the CRPA gave the city every opportunity to None of the other stores sell more than a sales from the oversight of the LAPD Gun repeal thins law without litigation. Every few.50 Tiber firearm per year, usualiy Unit,which could easily monitor the fear other city that had thisordinanceagreed by special order to competitive shooters. sales if made within the City, to repeal it in light of the state,law. only LA and San Francisco refused, San Even though a .50 caliber firearm has LA 91, Francisco repea#ed its ordinance in never been used in a crime,and despite response to a CRPA lawsuit months ago, the fact that Los Angeles law,enforcement ALUM ORDINAR99 and now LA has givers in, Unfortunately, officials admit that the cost and weight of now the city taxpayers will have to pay for these firearms makes them undesirable to Responding to input from CRPA t NRA city officials being stubborn. criminals,the City adopted the pointless attorneys and representatives of the Fifty few—which bars the three stealers that Caliber Shooter's Policy institute which Approximately seven cities passed fecal offer.50 caliber rifles from continuing to countered the tremendous amount of mis- "assault weapons"bans between 1€387 and sell them.The ordinance originally called information beings pushed in. Support of the 1939,when a state law ars the subject for a complete ban on the possession of proposals, an LA County Committee' was passed. Since there,all those cities these firearms, but the efforts of CRPA studying the passibility of.pa sing such an have repealed their ordinances in and NRA attorneys caused the LA City ordinance voted against the proposal. response to CRPA and NRA requests. BY Attorney's office to conclude that the City Although this does not end the matter, it is these requests,CRPA sought to avoid the leased the plower to enact a possessions significant that the representatives for LA confusion that having bath laws in leffect ban.The ordinance was rewritten to ban County officials saw the lack of merit in causes gun awners and CRPA members, sales only, the proposal.We'll keep you posted. Page_6 -'_______ The; Firing Line,August 2003 Brady Campaign NMI 11" Contact. Julissat Jose - { 10) 441-5046 To Prevent Gun Violence Leading the Fig#..t for a Safer America LEPSti5 €hatited'Vvlith The i ion?efom March SELLING HIGH POWERED MILITARY WEAPONS IN THE SUBURBS The Threat of.50 Caliber Armor-Piecing Sniper Rifles In 1987, Barrett Firearms Manufacturing Inc., patented its self-described "armor-penetrating" .50 caliber BMG sniper rifle. Capable of destroying armored personnel carriers, aircraft and bulk fuel and ammunition sites, the .50 caliber sniper rifle is now proliferating in the civilian market. Accurate at up to 2,000 yards (20 football fields end-to-end)it can inflict effective damage to targets over four miles away. With more power on impact then any ether semi-automatic rifle legally available on the civilian market,the .50 caliber represents a serious threat to our local law enforcement and national security. First used by the military during the Gulf War, the .50 caliber BMG anti-armor sniper rifle is no ordinary rifle. Its design enables the destruction of military aircraft and heavy machinery from long ranges. The concept of discrete shootilfg distances shaped its use and image as an ideal sniper weapon. The .50 caliber was designed with the most exceptional power, accuracy and destructive characteristics of all semi-automatic rifles. The key to its lethality is the .50 caliber bullet. Although the size of the rounds is alarming, it is the energy at impact (f1-lb) that snakes the rounds so destructive. Fifty caliber ammunition has more than 7 times the power on impact as the .30-06, 5 times that of the .308 and over three times that of the .338.' The deadliest .50 caliber ammunition is the Raufoss multi-purpose round. These bullets combine armor-piercing, explosive, and incendiary effects for maximum destruction. The United States Marine Corps notes that the Raufoss multi-purpose round can penetrate an inch of steel at 2000 yards." Additionally,International Defense Review estimates that the round is "probably capable of disabling a man wearing body armor who is standing behind the wall of a house at 2,000 meters.,"" The impact of these rounds are so horrific that in 1998 the International Committee of the Red Cross tried to have the round declared an "exploding bullet" banned under international law." An excerpt from Sniper; The Skills, the Weapons, and the Experience provides an example of how the U.S. military exploited its tremendous firepower during the Gulf War: "The Barrett M82A1 was used in the Gulf War, a hundred rifles were rushed to the Marine Corps in time to see action in the desert. In one engagement, Sergeant Kenneth Terry of 3rd Battalion, 1 st Marines, hit and knocked out an Iraqi BMP armored personnel carrier with two armor-piercing incendiary rounds at a range of 1100 meters."" The most regularly used round of.50 caliber ammunition is called the "ball " According to the U.S. Army, ball ammunition is so powerful it cann penetrate one inch of concrete, six inches of sand,and 21 inches of clay at a range of 1,6140 yams." At a range of 38 yards it can penetrate an inch of armor plate and 16 inches of log wall, Armor-piercing and incendiary ammunition is another basic.50 caliber round which the U.S. Army uses against armored aircrafts and lightly 1225 Eye Street, NW,Suite 1#9o,Washington,DG 29995 (262)898-9792 *. FAX (202)371;9615 - 10851'W.Pico Blvd.,Suite 100:Los Angeles,CA 900£4* (310)446-0056 • FAX(310)475-3147 -. www..brodyeampaign.org-www.millionmommarch.org _ armored vehicles."" The armor piercing incendiary rounds are tipped with phosphorous that explodes on impact and burns at 3,000 degrees. These rounds will ignite almost any fuel they encounter, and if shot into a tree will set the tree on fire.' Sale to Civilian Population Although primarily used by militaries around the world, the .50 caliber sniper rifle and its various types of ammunition are readily available to the public. Forbes Magazine noted that in recent years the number of manufacturers of the sniper rifles for civilians has increased from one in 1987 to possibly as many as 24 today"" The boom in interest in the weapon propels this increased number of manufacturers. Drastic 'reduction in price of the .50 caliber rifle has stimulated increased sale and access to the weapons. The increase in sales is most apparent at the lower end of the price spectrum. A .50 caliber BMG sniper rifle can be purchased online for just over $1,000. While there is no evidence that the .50 caliber sniper rifle was designed for recreational use, its manufacturers have often labeled it as a sporting rifle to legitimize their sale of this deadly weapon to the public. Curt Bartlett, Chief of the Firearms Technical Branch at the Bureau of Alcohol, Tobacco and Firearms', illustrated just how inappropriate the .50 caliber sniper rifle is for sport when he said, "anything bigger would be getting into the range of cannons.""`i` Unfortunately, along with everyday citizens, potential terrorists, militia members and other violent individuals also have easy access to both the armor piercing ammunition and the sniper rifles at gun stores, over the internet, at gun shows and through person to person sales. Marketing to the Snipers and Terrorists Sales literature from Barrett Firearms Manufacturing and E.D.M. Arms, respectively, tout the .50 caliber sniper rifle as capable of"destroying multimillion dollar aircraft with a single hit delivered to a vital area" and to "attack various material targets such as parked aircraft, radar sites ammunition, petroleum and various thin-skinned material targets."" Additionally, manufacturers themselves advertise these weapons as"sniper" rifles and use slogans such as "When your mission objective is further than the eye can see."`X The World's Sniping Rifles, a catalogue of various caliber rifles and accessories, explains how the Barrett Company even promoted the weapon's ability to destroy jet aircraft: "There was a good deal of skepticism at the thought of using such a heavy weapon for sniping but, after Barrett pointed out that the object was to wreck several million dollars' worth'of jet aircraft with one or two dollars' worth of cartridge, the whole thing began to make more sense and the idea spread."' Opponents of regulating the sniper rifle repeatedly claim that they are used exclusively for target shooting by sports enthusiasts," This is ar effort to hide from the American.public the devastating capabilities of.50 caliber rifles proliferating in their backyards. The apparent disregard for the safety of the community was not lost on GAO investigators who were hastened by dealers to buy their weapons soon because of the possibility that fifty caliber rifles would be banned in the future as a result of their power. One dealer stated to a GAO investigator:. "You'd better buy one soon. i't's only a matter of time bgfpre someone lets a •t round go ori a range that travels so far, it hits a school 6s full of kids. The government will definitely ban.5th calibers. The,gun is ju-t too powerful ""' Brady Campaign united with the Million Mom March 8811!03 2 of 5 Also, proponents argue that .50 caliber BMG rifles are huge, heavy, and clumsy and unlikely to be used in either terrorists or criminal acts. This argument rings hollow when they continue to design weapons such as the Windrunner XM-107 and the Windrunner M96 ,50 Caliber BMG which EDM Arms advertises as a"lightweight tactical takedown .50 Cal. BMG bolt-action repeating rifle" capable of being broken down and collapsing into a"very small inconspicuous package". The Windrunner M96 can be taken-down into 5 pieces in less than 1 minute," Terrorist and Criminal Use of.50 Caliber Sniper Rifles According, to the Bureau of Alcohol, Tobacco and Firearms (BATA'), the .50 caliber sniper rifle has a dangerous history of criminal misuse, This can only worsen as the weapon becomes cheaper and more readily available, BATF has linked .50 caliber BMG sniper rifles to drug dealers, international drug cartels, militia and terrorist groups and a religious cult, Additionally, a 1999 report by the General Accounting Office, "Criminal Activity Associated with .50 Caliber Semiautomatic Rifles," stated that of 27 traces involving the Barrett M82A1 (one of the most popular .50 caliber rifles on the market) 18 (66%)were associated with criminal activity.i" As part of its investigation for the Committee on Government Reform., GAC? investigators traced ,50 caliber sniper rifles seized from crime suspects and found that many of the weapons were discovered in what they described as "the scene of some extremely troubling criminal activities"" including international terrorism and foreign drug cartels. GAO investigators concluded that, "the accessibility of these weapons in the United States is becoming known worldwide."'i The following summarizes a few cases in which .50 caliber sniper rifles have been identified. • Drug dealers in California, Missouri and Indiana were in possession of.50 caliber sniper rifles that were recovered by state police authorities using search warrants."' • An international drug cartel in Mexico was discovered with a .50 caliber sniper rifle and 1.00 AK47s at the scene of a multiple homicide shootout. The Los Angeles Police Department assisted Mexican authorities in tracing the .50 caliber sniper rifle to a gun dealer in Wyoming. "' • Three members of the radical North American Militia arrested in a plot to bomb federal office buildings, destroy highways, utilities and public roads, and assassinate the state's governor, senior L.S. Senator, federal judges and other federal officials had a .50 caliber sniper rifle in their possession. All were ultimately convicted. "v • A remember of the radical Mountaineer Militia in West Virginia was arrested by federal agents in a plot to bomb an FBI office. A search of the suspect's home recovered a .50 caliber sniper rifle.X"' • Seven suspects with two .50 caliber sniper rifles were arrested by the U.S. Coast Guard in the Caribbean in a plot to assassinate Fidel Castro by using the .50 caliber sniper rifles to shoot dawn his plane off the coast of Venezuela. x'&""' • Canadian officials found a .50 caliber sniper rifle and 500 rounds of ammunition for it, along with explosives, at a remote site. A Texas militia group was suspected of running an illegal training camp. 'iv Brady Campaign united with the Million Mom March 8/11/03 3 of 5 • BATF agents reported that the Branch Davidians at Waco fired .50 caliber sniper rifles at :BATF agents attempting to execute a search warrant. BATF had requested the use of Bradley Fighting Vehicles to execute the search warrant because the Bradley is believed capable of withstanding .50 caliber firearms, But the Bradley's were not used and four agents were killed.'"' • Two members of a doomsday religious cult in Montana that build underground bunkers were convicted for using false identification to stockpile ten .50 caliber sniper rifles along with other firearms and thousands of rounds of ammunition. 'iii • A survivalist/tax protester in Georgia who had stockpiled firearms including two .50 caliber sniper rifles purchased with false identification was arrested in a joint raid by BATF and the IRS. The suspect also had 100,000 rounds of ammunition, silencers and $400,000 in gold, jewelry and cash. ""'x13 • A .50-caliber sniper rifle, smuggled out of the United States, was used by the Irish Republican Army to kill a large number of British soldiers.'iv Federal law Despite their destructive threat .50 caliber sniper rifles are only subject to the same minimal federal regulations as shotguns, hunting rifles and smaller target rifles. You only need to show a driver's license, be 18 years of alae and pass a minimal background check in order to buy the .50 caliber sniper rifle. No federal limits exist on the purchase of armor-piercing ammunition for the 50 caliber rifle. There are no federal limits on resale of the firearm. The buyer is not even subject to a background check unless the gun is being resold by a federal gun dealer. Pending Legislation Related to ,50 Caliber B Y1G Sniper Rifles In recent years a push to curb the proliferation of the .50 caliber rifles has been underway. On February 23, 2003, U.S. Senator Dianne Feinstein introduced federal legislation to curb the sale of the powerful .50 caliber military sniper rifle, making it more difficult for terrorists, criminals, and members of doomsday cults to obtain these deadly weapons. In addition to federal legislation, states, cities and counties are also responding to the threat posed by these weapons. Maryland restricts the Barrett model 82A1 .50 caliber sniper rifle. Legislation has been introduced in.California, Illinois, New 'York and Virginia to prohibit the sale of.50 caliber sniper rifles. Los Angeles has prohibited the sale of.50 caliber sniper rifles. The Terrorist Threat Everyday life in America changed forever on September 11, 2001. Americans lost the ability to close our eyes to the potential of criminal or terrorist use of high-powered weapons for mass destruction and chaos. Steps have been taken at all levels of government to make us safer. We encounter extra security at airports, bridges and ports and increased police deployments. Fifty caliber sniper rifles are just the type of weapons we should be protecting ourselves against. Criminals, terrorists and violent individuals have easy access to the .50 caliber BMG sniper rifle. :Banning the importation and transfer of.50 caliber BIM armor-piecing sniper rifles is a sensible step, which could save countless lives. The .50 caliber BMG armor-piercing rifle is designed for sniper accuracy over great distance with devastating impact. There is no justification for allowing such a powerful and deadly weapon to be sold in our neighborhoods. Brady Campaign united with the Million Moen March 8/11,103 4 of 5 Pouzzricr,Daniel"An Investigation of the Fifty Caliber Rifle Capabilities" March,26, 2001. Distributed by the Fifty Caliber Shooters Association U.S Marine Corps,Department of the Navy Warfaring Publication 3-35.3,Military Operations on Urbanized Terrain, Appendix B,"Employment and Effects of Weapons",B-8 "Change Driven by New Ammunition."International Defense Review, June 1, 1994, 71 International Efforts to Restrict or Prohibit1filitary Small Arms,presentation by W. Hays.Parks,Office of The Judge Advocate General of the Army, International and Operational Law Division,to 2000 Joint Services Small Anes Symposium, August 28-31, 2000, http://www.dtic.mil/ndia/smallanns/on September 23, 2001. Adrian Gilbert,Sniper: The Skills, the Weapons, and the Experiences, 214, St, Martin's Press(New York 1994). " U.S. Department of the Army, Field Manual 23-65,frowning Machine Gun Caliber.SIJ HB,M2(June 1991), Chapter 1,Tablet-6,"Maximum penetration for ball cartridge." "Size Matters,"Forbes Magazine, I October 2001,p. 109. Wald,Matthew L. "Citing Danger to Planes Group Seeks Ban on a Sniper Rifle." New York Times Feb. 31, 2003, A-13 ix Christensen Arms advertisement of CarbonRanger.50 BMG rifle in Very High Power,The Magazine of the Fifty Caliber Shooters Association. 2002-2 p. 45 Ian V. Hogg, The World's Sniping Rules, with Sighting Systems andAmmunition, 108, Stackpole Books (Pennsylvania 1998). Xi i onsg Range Fifty Caliber Sniper Weapons,prepared by Government Accounting Office for U.S.House of Representative, Committee on Government Reform. May 3, 1999. T" EDM Arms homepage: (ltt~://i-vt tv_.edst}{rrins.cc r111tt;iti ilt;Elt ri X"'Office of Special Investigations,U.S. General Accounting Office,Briefing Paper: Criminal Activity Associated with.SIJ Caliber Semiautomatic Rifles,Number GAO/OSI-99-15R,presented to representatives of the U.S. House Committee on Government Reform, 15 July 1999. X'v Toni Diaz, Doting From the Rooftops,"Violence Policy Center,2001. Brady Campaign united with the Million Mom March 8/11/03 5of5 3-12-,21003 6.04AM FROM _ P. t VI TY . .POAxc.84"- Atomw Ver t e!925524499 Ph:( ')655-5"7 fka( 65"807 `q18 I T Date: &1 2-03 FIEF NST T E Number of Pages; Tbrve(3)including cover sheat Message IirecW To. Sulpervisor Gyle Uilkerna► Dew Supervisor Uilkema, we have jut bean awart,of the item:on Way's agenda proposing an ordnat;A to ban:50 BUG rifles in Contra Costa County. We are not able to be present for the Board of Supervisors meeting due to the short notice but we would lice the opportunity to present the opposing'view.It is out recommendation that a committee be established thru the County Councils office to evaluate the need for such an ordinance.Our OTP012SUOR could then proem hcts to council*at are patinent to a decision that is so serious. Tbank you. Y� AUG 12 2-'M33 John Bunt,Chmn FCI 4 8-12-2 6:05AM FROM P. 2 ,j*TY 1918 To the Beard of supervisors of Contra Costa County, August 12a`,2003 FIFTY CALIBER E*w members of the Board of S vims, � ���� dam writing to you as a nationally-recognized expert on t�rmrism to INSrespectfully submit a rebuttal.to the recommendation of Supervisors John Gioia and Gayle B.Ui dated I August 12,2003 regarding a proposed ban imam on large caliber firearms. MWhW E Waft The information provided in the GioiaMilkesma teponunendati(m is both rakrrcrar factually inaccurate and inferentially misleading.It was for these very that AB-A upon which this r+ecommemiat on is based,failed to pass in the California,Senate. It is worth considerable note that this determination was a h*W made jointly by Senwors,&uce McPherswn and John Va concellos,both of MUM whom have a clear record in:support of gun Control m elusurres.To#hair great 1w atim Wit,they.refused to adva=a bill that was based on misrepresentation and 5&-nowy fear mongering.These Senators demes that claims mss to justify a law aaAs N.ram be supported by evidelYee,and those in AB-50(as thee)aro not I am in hopes f: tbalar that you will feel the same.. 11i11t1a01t1t COMM MPTSOMomwe In the interest ofbre*,I will be s cinct in providing accurate,w ed Gib�rSl�Asrac. fhcts. as sta gy Aft Inc. 1.Four Factor Tactics WO ONhM6 FINAw The team"sn#w rifle"is.tidy towd about.because n sounids soury,but the DRAW sW simple truth is that military snits rifles we shvWy.completely outlawed in AWf*f*hW&OkWftr the State Of Califignis as are all armor piercing and`explodWg'ammun tion. tawEbbva w This baa would only morid the sale of'civilian,Wit-acUourifies seely used Afm*44Amorksm nm Brous sporting eveWs arowd the country.The sniper refaences are 1ar,v! gratuitous and misleading. a 2.ThrislieMxgkRM s The almostmy�t powers attributed to the.50 rifle vary dramatically a?xenrpa from bill to bili,yet they confinuaffy exceed the official Vecs of the United States Armed Forces and well as rifle nssnrufa ut ers,with cls of accuracy 1rtncr�ea�,a exceeding the int world record for long ram maaip by as much as 40M.Proponents of.50 caliber bans aro quick to tett you that these rifles zt s►c. can shoot through tmks,destroy radar towers,blow up feel tanks and blow Mc. jets from.*e sky, (among a long wW equally astounding list of feats)but tb, tra nr emanot polat to a�instmee in 1btwy w out of these 6k PhD IPIETY CALIBER INSTITUTE AMW PO. BOX 8499 . MOPLENO VALLEY, CA - 92552-8499 TEL (909) 653-5447 , FAX (909) ,653-8807 WWW.FIFTYCAL.ORG ` �i t H., Y iii fl'" Das f ♦ f t6 F i i }f S ;.+ t f i i i' ;moi # y ! iE 1 r1 :dt f !;! t � M: • D ✓` S t :.: !+^:'t t ! :t S =Y ♦ 1 ' ii:` t i i 9 �wf^•> d f'' } ♦ 1 ra NMI 114 Ift t ♦ i{ ff t R M; t t; } f t,- f#;s4t t i i it �t� Y f .t t k !•:.' 4 / :�" Si i t-" ' .i - i t If = E ' k3 } 3k t' tS +i :! Ef t i S i'..:r:+' t - D f-`.i Y }' - f - ..+,•# :..i.♦ f 4 i' R4.- '*.t s it 1 # > 1 f #.. D �•:.>tf i kt i D ♦ d #7 ,71t 771TIMJ tR: f1 i fi fE Y! 'R. � Y:_ b i• 3 t !#► Ft ` /.: Dom. t •. .•9 • i� } .f ♦4 t f a:ly,i f .1SR: }!. t i < i t: ..; ♦ Sr% S +. f:t - + R7 ! t 3 f :,.F;: 8 °. t f f ► � f_i � •a.a 1w.�_ i 9 :..1.>i. t :k k R ! f .+f } t, 3 �t t t i M f i i f U;..4 �- 41Gk 4t, } yt: 3S .i 2!,_ f: '� f Y•' #' ;iD tS k tt : ! 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GRAPHITE BARRELED SONG RANGE RIFLE • Tut l'#uuxe=eu C=posue large dsarcem --idge ak-neat. a � P € YSig33 strexxgts�,ulm 23ght,Haigh modulus, A.ftve(5)sunt bm magaidne sept ur r 3s 13wti casfW is applied aoer i an efP.f,1EV8 srsacisirxed Batten K.l?or 14a mawh grads 'ilae haziekd zc&m has a ptic4s m �*n { ih I irwl a srairtlrsa black. u°casrrxnr� evyxl er of y ciioi�e � r $.>arset I L� it TTheUJs�a3 lel to 36 Y1'tichts i3Y �. # cb�to srximixciUM tomes fiar The-Mc Bras acdua asa=aialy 9s wcw•ed'to 0 sx>a.�mxuar•weincitjr aocl atxura�c iig�it wetgist?aiCZdiil�ra�Ixagla,s :tical rlflt•: • The!am asemblir is provided With 3wck ar acma acrd stock of joar chcdcx y-naar choice of precasiean vias,Unistamen The PeCWOU OpuO Or izstgotd sa ' � At= or mumde WWW of your choice tape,rrm�+zraxs.and tic i Yrypcxl art nax ice a es r 3 �u«ta�s�++!�t�anr�srea�rs The 4mvel as wtWy is secured w a meciaion included i A#SiYt+ dJ-• ufti,Sww machined Ur2roa.u.••tirw or acdan of ytsar dam-- 16 W11 po md3 MX 7490 fl+u.•e,watch bas bo=lapped:faced',:ued A&mrwr—Fire(5)shore Oght ircehhts a*1000 S'd s� r s gt+4ktz� wXZw 4:11d head spaced.minimum far.•ac4:ar=w- lnnrxadvamry Prise---4;1'.7S8.tiai'�i�pxsiitryi'=`!o(#n�r�.• Ifl�$ _ . . 45 The Robar Companies,Inc_ Page I of U1 TM IB R 1CCOOMANIE _ .. Mental Coelom ritiasg� } rd9sae' Sseda pl : ."a ias;a�s gip,wiricsaissns :fie Baia ti:mntaileza 'YYea Handguns RCSO&itC50-F Ceust"$a system Deluxe The Robar RC5t3 and RC50_F are the lightest.sit caliber rifles available today. Twenty five combat Master pounds of precision long-range power,with the lightest recoil on.any rifle of comparable size, Thunder Rancb this system is impossible to beat. Browning a black Defensive Shotguns The Shotgun Robar Thunder Ranch Hunting Rifles A number of foreign police, military services, special operations units and many civilian shooters are using this system with great success in a diverse number of roles. Rebar Precision taunter Custom Hunting Rifles ; Rifle Accessories p Precision Rifles sash QRz&QR2-F Rasa s RCSat-F $Rall Thunder Ranch Our action is machined from The RC-50F has aunique two stage hinge solid bar stock on state of the system allowing the butt stock assembly to be art CNC machines. This fully folded flush with the rest ofthe gun.The ensures you of the highest entire assembly is machined from solid steel quality action available as and will withstand the rigors of typical military successfully proven in open operations. competition. Send us your gun,or we can supply the gun &create this package for you from the ground up. See Specifications. with appropriate ammuriitlon based on 3-shot gap at 100 yards. RC50 shown with optional woodland Camouflage andfiuted barrel. ! t s # !,. ..,� ;.r• ,Ili �:� t �s: # • #: ,. R, t x it tt y 315-. rr +A T :�IIIN # Ka , f 3 ` Fk t 1 in i ..,f Yu..��..K.i.aw».61++x..am...r,".0 ^:.,wi�>.dui,�t.•�YF. ',e [xfi,h �7q ." J A:, T^i�Ras�+ +mss • " " i s=s. ..► -' '� � � � 5 t ; 3 E _ Kiiz xz'a vF €{ <. '� '+ i' ME x 3 �`L a � y,. \ ,,s.� ✓� �� NA M Stop Sales of 50 Caliber Sniper Rifles! CH Thank you for giving the CC Chapter of the Million Morn March an opportunity to make a statement supporting an ordinance to restrict the sale of.50-caliber BMG rifles, and for the Board to adopt a position of support on AB 50(Koretz)which would classify the.50-caliber BMG rifle as an assault weapon (thus placing restrictions on the manufacture, import, sale and ownership of these rifles). Developed by the military and used in the Gulf and Iraq wars, .50-caliber BMG anti-armor sniper rifles are proliferating in the civilian market place. They are being sold by licensed gun dealers,at local gun shows and on the web. This is a weapon of war, which is being produced by an increased number of gun manufacturers(24 to date). A buyer can purchase one of these weapons online for just over$1,000.00. This weapon of war can knock a helicopter out of the sky and ignite fuel tanks from a distance of 10 football fields.In Contra Costa County it could turn an oil refinery into a giant chemical bomb. Yet,the.50-caliber rifle is no more regulated than hunting rifles and less regulated than handguns.You only need to show a driver's license,be 18 years of age and pass a minimal background check in order to buy one. California law restricts semiautomatic assault rifles if they have certain military features(such as a pistol grip), but some.50-caliber sniper rifles slip through because of a loophole(they are equipped with forward tripods instead of pistol grips). The MOMS support Common Sense Gun Laws and Legislation. It has been documented that the MOMS speak for the majority on issues of common sense gun regulations(in spite of the fact that the gun lobbyists have had more time and money to develop a power base). Some things are just blaringly straight-forward,and this is one of them! We do not want.50-caliber rifles sold in local gun stores. We do not want them sold at local gun shows....not even in pieces that can be readily assembled. It is the MOMS' instinct to protect our families and loved ones,without having our ability to reason clouded by outdated rhetoric about gum rights. Our question to those who oppose us on this issue is, "IS IT WORTH THE RISK?" We're very clear on one thing.....MOMS love our children more than we love guns! The Contra Costa Times recently reported that CCC Sheriff Rupf is addressing terror prevention by creating another government agency. The MOMS would like to join our sheriff in addressing terror prevention. Please help us to do so by restricting the sale of.50-caliber rifles in our community and by sending a message to our legislators in Sacramento that it is imperative that they do the same! For more information,visit the Violence Policy Center website at www.vpc.org.You can obtain their publications of"Sitting Ducks: The Threat to the Chemical and Refinery Industry from 50 Caliber Sniper rifles"and"Voting From the Rooftops:How the Gun Industry Armed 0sama bin Laden,other Foreign and Domestic Terrorists,and Common Criminals with 50 Caliber Sniper Rifles." Diane Barde,President Contra Costa Chapter Million Mom March P.O. Box 23534 Pleasant Hill,CA 94523 contracostanmm@yahoo.com 8-12-03 LEGAL COMMUNITY AGAINST VIOLENCE rearms ,a Center BOARD OF DIRECTORS The Second Amendment: James T.Fousekis Frequently Asked Questions President Owen J.Clements Vice President 1)What does the Second Amendment say? and Treasurer John F.Runkel,Jr. "A well regulated Militia,being necessary to the security of a free State,the right Secretary of the people to keep and bear Arms shall not be infringed." Jeff T.Appleman Cameron Raker 2)How have the courts interpreted the Second Amendment? David 3.Berger Robert L.Bordon The U.S. Supreme Court last addressed the meaning of the Second Amendment in Elizabeth J.Cabraser U.S. v.Miller, 307 U.S. 174 (1939). In that case,the court rejected a Second R.J.(Jerry)Coughlan,Jr. Amendment challenge to a federal law prohibiting the interstate transportation of William#.Edlund Diane 1.Gibson sawed-offshotguns,holding that the"obvious purpose"of the Amendment was to John R.Heisse,iI "assure the continuation and render possible the effectiveness"of the state militia George A.Hisert and it"must be interpreted and applied with that end in view." Andrew M.Hitchings Donald R.Joseph Since Miller,the meaning of the Second Amendment has been addressed in David J.Kapnick approximately 200 federal and state appellate cases. Those cases have uniformly Carol M.Kingsley rejected Second Amendment challenges to firearms laws. Although the U.S Paul M.Krekorian Bobby C.lawyer Supreme Court has not directly ruled on the Second Amendment since 1939, its Richard W.Odgers actions have been consistent with Miller. The court has had numerous David J.Pasternak opportunities to review lower court decisions rejecting Second Amendment Louise H.Renne challenges to firearms laws, and has consistently refused to do so. Paul A.Renne Megin C.sally 3) Does the Second Amendment apply to state and local laws? Barry E.Shanley Randal Short John M.Skonberg No. Courts considering challenges to state and local gun laws have held that the Stephen Stublarec Second Amendment only constrains the federal government,and does not apply Roderick M.Thompson to actions by state or Iocal governments. See.Presser v. Illinois, 116 I.T.S. 25.2 Alison M.Tucher (1886)(the Second Amendment has no application to state laws), and Fresno Rifle George D.Tuttle &Pistol Club, Inc. v. Van De Kamp, 965 F.2d 723 (9t'Cir, 1992)(the Second Sue Ann Levan Schaff Amendment is not incorporated into the Bill of Rights against the states through Executive Director the Fourteenth Amendment and is therefore inapplicable to state laws). 4) What is the U.S. v. Emerson case? In US. v. Emerson, 270 F.3d 2013 (5t' Cir. 2001)the U.S. Court of Appeals for the Fifth Circuit considered a Second Amendment challenge to a federal law prohibiting firearms possession by persons subject to a domestic restraining order. Although all three judges on LEGAL COMMUNITY AGAINST VIOLENCE W FIREARMS LAW CENTER,A PROJECT OF LCAV 268 Bush Street,#555 San Francisco,CA g4ro4 Te1415-433.2o62 Fax 415-433-3357 www,firearmstawcenter.org AUG 11 2003 4: 15PM TRUTANICH—MICNEL., LLP 310-546-4813 p.3 TRUTANICH&MICHEL, LLP BsMCA )wwt.�tnn raen ATTORNEYS AT LAW 1 ltoax8 +ac'v PONT OF LOS AMOLSO OFMI Loa Aeweter,r l 407 NM)4 HAM 0R SotoMMO A� s ++ .c�toers�-awe Mww `IA ' Titfiftoxe(310)6"441O-FAX(31d)W4613 August 11.2003 Via Fa(95)-3`-12 Hon.John M.Gioia Hon.Chyle B.Uilkerna Hon.Millin Greenberg Hon.Mark DeSaulnier Hon.Federal Glover Contra Costas County Board of Supervisors SS 1 Pine St,Room 105 Martinez,CA 44553 Re: Proposed Ordinance(s)Suming.50 Caliber Firearms Dew Supervisors: We write otl behalf of our clients the National Rifle Association(NRA)and the California Riffle&Pistol Association(CRPA)and the numerous members of those associations that reside within Contra Costa County. Tomorrow,the Board of Supervisors will consider directing the County Counsel to draft an ordinance that bans the sale of fifty caliber rifles in the County. The Board will also consider adopting a position of support for State Assembly Bill 50 whi*if amaxied,would prohibit the possession of.50 c4diber rifles. Adopting such an ordinance and supporting the state bill are ill advised actions,for a number of reasons. Preliminarily,we note that the proposed ordinance is modeled after one from the City of Los Angeles.You should know that this ordinance was rushed through the Lois Angeles City Council with no study and almost no public debate. In fact,because of the gross mi +ase nta►tioms about the capabilities of these firearms sanctioned by cartain LAPD officers, the leading manufacturer of these rifles(Barrett Firm 1VMat usfacturing)has refbsed to sell any more of their firearms to Departments that pass this law,or to service the ones they have. Ultimately,the ordinancewas passed in a form that the Deputy LA City Attorney himself advised against adopting,for legal reasons.The Council adopted it anyway, and as a result now faces pending litigation over the o rdfi mce. In stark contrast to the approach taken by the City of Los Angeles,the County of Los Angeles formed a committee to study the issue,and particularly the claims matte by proponents `t#UG 11 20033 4: 15PM TRUTAMICN-MICHEL, LLP 310--548-4813 p.4 Commissioners August 11,2003 Page 2 of the ordinance about the capabilities of these firearms.The committee found that many of these claims are grossly exaggerated.We fly call them bold faced Iles,Never before has the gun ban lobby gone so far in ignoring the truth and manipulating statistics to demonize a type of firearm.As a result of what carne to light at these committee hearings,the firearm experts with the Los Angeles County District Attorney's office;recognized that misrepresentations were bang made.Neither the District Attorney not the LA County Sheriff currently support the LSA County proposal. We urge you to adopt a similar approach search for the truth before you act.Put experts fin your law er&rceme nt agencies together with interested parties,and let them report to you about the real capabilities of these firearms.You will find that you have been misled by the proponents of this proposal,just as the Los Angeles County committee,and many members of the State Legislature did when facedwith these claims. As the attached materials reflect,these firearms arc heavy,weighing 20 or 30 pounds,or more.And they are axpeansive,ding$2500 to$10,000.They are designed for target shooting and big game hunting.Their maximum effective range is 2000-2300 yards.That is over a mile, but many guns shoot that far.These firearms have been available to the civilian public for roughly 89 years,yet they are not being misused in the County,the State,or the country for that matter.No one in the United States has over beam killed with one.No planes have been shot down with one,mid our finest military scamper programs do not train for the possibility of shooting a rifle at a jet in flight.No oil refineries have been shot at or blown up with one.No power grids have been,disrupted by one.'There are no records of thein being used in crime.Neither the FBI not the TSA has issued any warmings regarding the potential for terrorists to use a.50 calibur firemen,because they do not view the"`threat"as credible. In fact,this proposal is nothing more than the latest incremental effort of the gum ban lobby toward bamuing firearms.from civilian possession. We urge you to look into this by reviewing the information contained at the Fifty Caliber Shooters Policy Institute's website; Ww ,Ureal,onj.and allow us to present the truth to a fact finding body before you consider this lMlOmd- Regardlesss,we urge you to carefully question the Contra Costa County Counsel's office lawyers that will be woTking on this ordinance concerning their perceptions of potential legal problems with the proposal,and to consider the costs that defending another lawsuit will impose on the County in these tight budget threes. One indisputable effect of these types of ordinances is that they polarize and divide the community. Cities could make good use of the law abiding gun owner 1 community activists' time,training,and special knowledge of firearm safety issues to truly do something about firearms accidents and the criminal misuse of firearms.The skills of these citizens could be put to good use in the con munity by promoting the violence and accident prevention programs mentioned above.Instead,these laves alienate these citizens and disenfranchise than from the `AUG 11 2003 4% IGPM TRUTANICH-MICHEL, LLP 310--548-4813 P.5 Commissioners August 11,2443 Page 3 process,This is counter productive. Having wonted as a criminal prosecutor and raving penally represented and consoled many crime victims,I know first hand the misery that firearms violence cars.cause when criminals misuse&vm. Unfortunately,I also know from personal experience:that little is accomplished to help those victims„and that urstended consequences arise,when emotion and political rhetoric replace reas=in the lawmaking piss. This ordinance is a solution,in seam of a problem.Give us the opportunity to prove this to you. Sincerely, TRUTANICH+MICHEL,LLP C.D.Michel Cl3Mlca Enc. cc: Warren E.Rupf County Sheriff 551 Pine;St.,Th pl. Martinez,CA 94553 Fax.(925)335-1548 Robert T.Notchy District Attorney's Office 725 Court St.,4*Fl.,Room 442 Martinez,CA 94553 Fax: (925)957-2116 F .' AUG 11 2003 4: 18PM TRUTRNICW-MICWCL., LLP 310-548--4813 P.6 8fi/18/2083 22:21 0ussess08p8 CRPA SACTO PAS 04 •+ab'w39 Yi, W `ter tor It Ro • • , gypIbmildo Am 11 mvtm Vim, " l If �if L sisidi Alb#Di semml,. ' IMF For"ody 2D p' ftm bas b�M4!ti w n0a7im v spoit fad t (i; ) ►` foi d," t p Det Vic!c� tfiwa incl c Wim. • . 'Y ,lam'}} �, "J Y.�_-,$} tt_.�{,,_._��v�j,���t r �, , s �h iiffm and wit •ty S A !!s wd i� �SOX �ilC! t.: ', ,•'Y } 5. ,f,"`' '..tf+,8.4♦� f' ,L t+ ,, r, • f♦ Y firi' '3' tiIEC1 , . �d ba!'dar#0• l i ltic!►�i �t�o+dp�atI�ai`�+aea�d+�t#md �. "'"`�"� ' . , °` �a�aa► +o�f+ae�i�ca�bs�at+ez' :m tla�•[ d��i'�1 trwr x 4 ii�an tbou ' ►t beer! .•fr tau po.t AW Awd`Ir, L i a r rei ietj r " • , • .C�s ir�t ho� �nc�;j�qt di�iar�a, ' . .i3dtsitbr.' viiv0s by scat wbav 16c est o+uackd Oa.arxw ' ' PCSPI• .16x1 i. }''a P.e2 AUG 11 2003 4. 1SPM TRUTRNICH•-MICHEL, LLP 310-548-4813 P.7 88118/2803 22:21 seae 8808D CRPA SACH PACE 05 .,�; `}` ♦{ .�if�ir�. yy _ri '�`' a ,r'' , "l ' .'''.��'•} '�� . .. ,. !, .. `, Y* aik wit fim.16060$10,000. tilt-Ai;d!fey oqwpDw WS&d to slpp6rt ; ' m*wetm"Von i'itbdftnz tial raiamexrGtu>ad 'ate p ie Vo ' 1k !R. Cilti Ct`t IrlCjmo iil' l tStot+ y{�{.,i,w..:,.;f° �•rt�.:; °@iiii'� 11 iI•••.,,.�.�':,,, .�''r•. ,i, 'f,r•n '+�«Ty ��, +{ °,.+ rw t.,J ,., a' A'Wml MIRY, "Many "� i'r '' •y:�r" ?.f.i•{,Ir,:3�� ,' + � iC v t:r '!!, 'f"' " y T. ,4si. •i:h ... r4 • �� 'i` ' '�'i-`� 1 `>�r ,vim' �s '� ••. .. �,-,. 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V3.00. . , E , `, 1. t w+l• w�.' .i: '•t,•:«� •i'�, •A '"t;i.+. , " ' .a` .«�i':rri r.«tr�x�i•�•i�.' '► ir.}a:7.Tty:t.� !''r`� �p.t,•.�ta.' ,''%(3`C,•�', •tf'`7'J"•�'.Vit• Y 4. t 174 •. �'" .'� •,`,t.• '. ,• ,V Wlfisv7fi�'J IRO�1f+ �j�`�•�11D,+aY ',' '•• , < • M1;, _. _ AUG 11 2003 4: 16PM -•TRU'TRMICH-MICHEL, LLP 310-548-4013 P. S 89f18l2903 22:21 eseee"8a8 CRPA SACH PAGE 86 lttttttlt� �t�t[+CIy tlta diimreht of tlto�tp�tt t �+�diaa ofemitt ova-tenths Qf an "W abaw Shm Nola 0,fs/laft b# ',axedAa AN lank `Work an develo vAW becomedic.Sty ca Rw weidgebeg=w+back in j2I.16,nw 00 40d of WwM War I. Hope$dW it*odd bo vood for saIW &putpm died bei the esMidga wed SM fitrit wh"114k an=, hok An was fo=d to be Impoviaa to 'tt sv lnAl� Fiat ws as you=imp tatak wmor hu 6gmvad by loops asci u=6 stow OM RM 20 trail>itncter Crst MOON dlib(wit ch an well cpm 1wiee as b"as.S4 siDw) bo p�tet modes*tonk&=or. TtAkAM4,18 p a c and by moms.t&try 04 o tl o Caliber. +r�eyaitee i l ou►14tt ?`, Tba.50 ratlibor Oqe ctile`s sizo leads itaclf to WSnwSc compeNOIL The EWllIfic Coeffied,ant O tthla befiiat(a Mftsum.of how wall a bettit t"hits")is vay h*jA mapaved to other CoUb m This t>ttein the bW*is lou revistwt to dao cffau of wind dtf L 11w small& anted i n oo=P sdtlaee lwve»tit arc nt m euily deflected by tore a o€wind and air r , "a$a"awe#04a filwao ager fly.caliba balms used or j**vtPftvk two car Tt>a maxim=obbwve t ofa typical fifty calibacpmjecpk is VPrMdM*IOIY 2000. to 2340 yA....Y*.dW ie+molar S tails: Dvi fOrr ttsM o!}won who hM doteaaetirA=ftS a sbc*tW$.At ail vn'groOR IW wh box of smglat cah-ear am:a Wdw etold hu a wonjug fiibral an It that "fie 6WON—lfinsi Ovat Ome wig t" So it 6 flat Its' r tleg soft of" ! `t*de*the laws gtf'tbegs a Tvo raavaCr�eYlt+r cri 'tad'r a e1"dir fes►cam. Cure dy*ae cot- . OMThe in� eo"'tweak teed simply to�e na's political agmadei ofba ne tlsat oxiat ars Uad to ko to pma3a over 06 calaw alai aro used on fa tar WMwaL 11W Abet totoad N*4 to arra hula wim iawly used rimy calibear*==to Caiiff ua„ Wb►y? PkK the rima wo not•in tba inv+ceetW of snort guns►de.eletra. SOW,4 wMaWtion fbc!hers rfflan is s w4wd is cm f+awcr Stam Third y tl>w rifles*MWIM ars an Lisa s of th+ee to firb f.et letngt Fottrdt�a�nere x' ip rifle:sreigb►s terse '.tb ►, or AM pa wdaw AAaad finally,elm is"cb=;)P lift+rifle tab cm arra holes%evetu in t hkrr also><tm fm One,Sep b las the"baeacb►i ti>ea Wako tito fitrra ♦poor hoick lbir an amad robbery or drive-by shoa ft Sax P.84 } AUG 11 22003 4: 17PM TRUTAKICH-MICHEL, LLP 89!18/2083 22.21 eases"3tt9! CWA ATG PAGE 07 Aw mw Gun Swo Okew dWw WAIV aftff On ShOW Do"eItU'IfNfw+Cfof Abddblfav ims to-Ttars"s*re +a why gilt un dw%m to get*tic bradn. Tls *bwmso it is oft=*=*dtfficib oo hK a moving WSK hi ds sk wkh a, dflo•bttllet,v*Atxwtlurt.bollet.k W talOw or coL No wb m iA ft*=id,has a fi ft atillmuWdOebomusedto b down a*How Asp;-gm*www%he1t so*k s% oonfaw.tho m9fty mAs+ar W+efftrts vAdk 50 caliber'target dfm.U►kb ompe#WoxW w0m Mutt aped about dowst* ct is f*a9bear� As oW, .ev el to''t�C�itave wakedty fiha�,��r ae mschl* t spraying cedar ofbollets inn ibe air at a t'iM* can't cssily briog dewct an *ax t. It ta*w wens find of'rrr&c+ edod fits wv*d sys to do*it. I'!+e"t lR- mWta y caput #hese dift to own damsp to I►adiad wad modoolm atreta!« it ttty affeefivt assinst skmo tlrn t an laW and aftodrus oWL Tatorixts or sok l+ tcrbrfpr t down*aaavins*ftv*usr shoWdir SW Wouln vitt vraOmw4s, COSWA4 nVow you ds,oMO explosly ,not d t oft E ShMOV141ft It ttflux. Once qp*the felly Caliber Asn*t sow idrW+oVAVer TrWkr ft cae d**a basic Tete fft toliherr urges citta is a lu#e oW expwdve$tearrn that has bears p ked by sr~aoxarpiit d compedtiivc shoutars for ovtd 24 yon. In spasm MO in 4MM to be a fittum uukpwly unmAW far tarkdad aai» A mps to ban Go dDes Into rbst k obo w for Ioob wd apsbi bm hava bursa oapmg for wom-dwa �, b"of sir tulwW IdagoW r+hard to the asiba taget Aft have atter bsppoW in to Uri! AUG 11 2003 4: 17PM TRUTRMICH-MICNEL, LLP 310-548-4813 P• 10 08!10!202 22.21 Waaaamee CRPA SACTO O PAGE k$- . QU a► .&Am wort About 50 Cs4ber Tam R ' '. OW km kave 50 Cdt+ler POW ba*auror"? Thaee+t fft s"*Idle ibu was cbeeigrasd Wore,World War I, Single tart or smni- acts So t WOw iffin bkm been amWA efface:Ow Fitter Wadd War. Mow bog harlv so caUbst r bea papaW w#fk*oxVtOMm WSW SAWOM ! For oea iy 20 yms tester has been an of ficial ttotr-PmAt o ZWzWOa dodkatad to&a epoxt of St!earfibadt Wig.'rat Fifty Cir Ow Shootm i`Assodatka is an IRS tempind , 10I(a)(3)m"10f it ftmdo*m tit pnm wta i aducAfi►and competition is the spmt H sr aMwmer ow kem k0ed in Apmrka Wftk a.54 cr0w t a ld rVk F` No,tart Once,rsot emir. IbOft f eat,WUCh cW weal tieovaa d d4m,weigh as mach U f*W htty tg zine trod ease andy S fed tog mid on very Hired An a bnfjW use. The Fifty ixlibr Wg'et rifle is lass pow erM,match MOM difficult tb tae,mett+s axp+einaM ad'hada to oftimml them such lt+ems as sa*mt pWdW pmadest and moWves, lair* ri ssal tt,ss ethm Of amism has am be ca esdeactrzifted in to Ui<titad Was vA 4 50 WNW " r0el am Haugh the gmss bm beep moa ft the PA 20 YOM, , ' . ••� r+"rt+r�ftae'd''r .��rs�taot,rt, V,+arf�l►as",rt+t �tr�' F, Ovas mast be"ted in mAj u s t for dktsi cs,but fsir altiftlei stat tamperattxm wbnd, bAtometria pt*atn and nom A 10 OW sitottts peeif Oft M 1000 mess will miss by fivers! fart.a+ltii,,�ust-a sem:eta it1� , Tboa he**mako doodAl wA am a ApOom ad a njoWa c dMeto is a compatOm wbor+e tbtc Cm sm fbed Etna banebma,semmiy mamaud to AmWx mod 9w ompa6tar barphsttyofdm to nmwin the wombm and make w4u rmcals to the;tie. Such comod ms we tetr't avabable to crkdvAls or tvxim s,wbidt is me*(do PdmW7 mmm the 50 cmOW twpt xWe is no s>dsod foe swb pu tptiwer and bras ttem been used to suit Purposes its Aduaaxiar, _ AUG 11 2003 4: 17PM TRUTAMICH-MICHEL, LLP 310--548-4813 P. 11 OVIS1290 22:21 aases aaaa O�PA SACM PAGE 09 'H Yes,&or areae tot fmw$2$01 to$10,000.Batt,the as dikixy equipnont sioded to support ` aw spats a 0mvetlaft aaj Will as SwAacw dm formeuch„mlmwwt w pmatim io aaeuxs�aiyas a.Sd eatr'bertszpat.rirequimas Wit=imts'tm mt. Rig=eta -SIO Riffs• 'to d drosp Sof 00!l�S20O Zgh �0 . Z coat*cto flys a si rood ait y b®aboW". that for Ow mm pttk#ss a Search ftit shot S 0 rsiiber rifle with SCOM a ruewld bet 4dmio l coWd bay 9 A X47 Idyls MwJi Vis.3 wix�Adgmwoo 3'Teab-Ts sa&wito atasft pitols,3 Gbxk 9=Ofth sod So woub of nmv ddcm f'or er&*rib&1 I Moo. DOWS torr 50 MOW Otft a w#gf"tW tk*n.OXY 0144rrUft r TIM Sri seveW o2w tf f ea bat sboat at 6 mp fie modmom dbumcbs is*a.So attbbcs Uwgat A& €i mdawd aompcdtlons with fifty adiber taargd iifhs we amdacmd at 1.000 Y& bb j►other Uffig dft#Is►shoot at to mm dkkmo with gu=in 223,308,300 win Am*we aAmr aar..&Ww&M the Jo cauke Awsa remit t Savoul big gym#htmth*rflirs afro cwftW4=of a ibrgar cWibar, the.301 O%bs; 'dm5nWito RCpt m end the 600 Mim ..__... • �i'i rti �t r�w�dfr 3�t:ttiar� s�'• . Yes. BISVMO hunttn have wW'.$O caliber tarW riga to bunt w imals in Aftkai a#c! m Al.arlcaa. `'A�'�rp'���t �'r.�rrs�derr�d�srxu�' ��an� tlrtil�r alt itr�,rg • 7hoy ao*t. The mans A=of the tlfk Is gang wed to scam the Aniniu tt paY lvbft mmr,gtea couttol,lice' c=4.be spo mpHobod via ow oases tom. The fx ct is that a rff e bWld is s Mc bail nw only ` • Wwom a,30 aalibear huaidni Me ad&.$0 osHbor • 3'1►�tll�tlxOd , sha%wo I1$00 $1WO Nib PAP ' 4 3 RUNG 11 2003 4: 17PM TRUTANICH-MICHEL, LLP 310-546-4813 P. 12 ea/ie/2993 22:21 seessesaw CRPA SACTO PIKE I a AR a(Kmretz)Will rot prevent any criminal from ownnsitting a terrorist act against the CA inft%striuti m Terrorists will disregard AF ANCRUND any taw established W control their activities as the inaideem on 9. 11-01 iDusbiMm .AS 50 is a shameful Mempt to misuse the tragedy VOW of 9-11 to fu lher apolitical agenda`. tt�a�t will emu thousmos of"felons"Out of w idina citizens in the state of CA who have been actively punuing their sport of competitive.sluing with fifty caliber rifles for almost twenty years without one single hxideet.As a rctued polite offiter from CA,,I find that.reptehemiNe. . AM Was crafted with the help and support of Tom Diaz aat the Violence.pansy Center ('wrww.vpc.org)in WuWngwn DC as just one more step in their avowed goal of di3anning all Americat►citizerale of all firaarrns.This is just one MM Step in their crwade of"creeping sun cotrtror. AM Is unneeded legislation because there has never been a rece►(ded ositaninal icicident in the a olte history of CA whom a My caliber Lille has over bemn used.The Public Salty Com mixtee could beer spend its time trying to locate the 37,000 mgistered sex of'feWars Ca has mi;; laced.The tact is,'the fift caliber dfis just is nett ft-w ai gf pig. f imus. Is u weeded because every person*to buys a fruity caliber rifle has to go thru the ytry MM security checks and walft period as e+vety person has to go thru to MshM Sebe(harm in 96. ___... ._.._..__ .. . _. ._. LPWill , tivaly taut legitimatefiarimms manufacturers out of business in CA.Not � ....... only will this legislation cost jobs,but it will destroy the foundation vuNch is so maesxary Yoe resewch and development so vital to the advancaemeW in tedviuf ogy for tour aglita y VW law e0fo rcement.Please,rcfa to.horn;/twww c �ear/rn l nt 2132 for an in depth matt by U,QWSW Fa' 1L as d gt NMI"2dMW INUM �g on the mptive impact AS Sol will have on the defense industry. AM Asserts that owners of fifty caliber rifles need:only to register their to"rifles to purawe~e their hobby of Duret sbooting.The state of CA bas clearly shown that registration of ftr+earttaa is a pr+eounor to confiscation,just as every single govctmana►nt thtougMut history has dame in the past.AS 58 is an alfiront to the integrity of every law striding f yearn as owner in CA. Awits that owner,of fifty caliber rifles meed only tO obtain a permit from DQ)to pins their bobby of target shooting,The CA D03 has clearly show thru a4ndicatio;n of ##ser axial Assaault Weapons I.4gislation they do not iasuwa peaWts to allow law abidtatg euro-to pU*Me their sporting activities. W o f& in his promotion of AS 50,rhe autbor has indicated there are no"spotting uses"(if Ow.SO 13MO.The author is to d ng liberty with the Uuth on this matter.TU Fifty AUG 11 2003 4. i8PM TRUTAMICH-MICHEL, LLP 310-548-4813 p• 13 e*AV 3 22:21 0888896MID C RPA SACTO PAGE 11 Cllbar Shoo=Aar.,tuc. 'CSA.)hers been in exigeme since 1985 bosting lo* dime shoot com eNow all wound this wonderfW country orc>:mn.Our nrnrmbera is PuM doua+mnds in a r*dty growing Vott,We ut located in every sMe in Ara wica wad in 22 foreign counMe>s. We have publishcd a qusttaly periodixod sltece 1989*0 is now vitwed as the *bgst wumo gf informAfian on t%r�r hnlral information an Me clurtlenging xPorrt of long dW annce high power rra rget.rhtaating and we arc used as the benchnmkrk on the sub4a by our military sand law enforcement communities. r AUG 11 2003 4: 18P M TRUTANICH- MICHEL, LLP 310-548-4813 p. 14 eel 19/2883 22:21 988fie8E1 a ORPA SACTO PAGE 12 .. + The Fifty Caliber Target Rifts:has been wound in California for 20 years,and there has never been a idngtas incident of myorae beiAg killed with these rifles in Caaifornia;or any other state in America for that matter. + The Fifty Caliber Twget Rifle was edeoignsd for civilians competition, a w+ •w and"a!485 such competition im t gr vamed by 0 Fifty Caliber Shooters Association(FCSA} which hosts estaitcha s and the National Championship for fifty caliber target shooting, AB 50 seeks to prevent what doesn't exist--There nasvc Us beaate a paw who has uacd a 50 caliber target rifle as a so*w,rift to kill anyono in California or Ate,but thousands of competitive shooters will become laxvemight feslons'and seas their sport outiew ed if A8 SO becomca law. • AS 50 can make no claim to save the needs of public safety,since threes has never bow a deaths related to the very f1mairms;it seeks to ban-AS 30 heels only to Ilan the lawful ownership off rearms used in shooting sports o mpaatitions4. • Californians deserves meat endures for public atshq. Ask California rs what they vmuld raises have their legislators doing-tracking downs some of the tens of thowsods of missing seatwtsffandeers Haat+th+o state has toss track of or banning a gun that has neva killed a single person in Calithmila or all of America? +� The ressson the fifty caliber targat rifle has never been used to kilt anyone in Califomiet or elae°where is that it is ridiculovsly vnsuitable feet crimes 1. The guns epees largse And itnpostible tea a.oral,at n*V1y siva feet long,with OW lightrdst weighing mon than three times that of an aiveetno hupting rifle-__ 2, The Fifty Caliber Target Rifle is one of that most expensive firearms ewer made. A criminal coaled buy over a do=handguns for ttm price 4 just Gne fifty caliber tsrgrrit rick, 3. 'Zile Fifty Caliber Target Rifle is&=raw only in the hand ofthe worktPs utast trained shooaers, and then mot, often only in the compatitive stening where Shooters tam ashes time to mars M vhnd,to%peratum airkoda and distance. • The 50 Caaliber Target Rifle is tieing attatcktd by:xaeae of'America's most radical&rad extremist anti-gun orpaira►tions. This bast on the 50 is promoted by the same group that vwnte to ban all handguna.orad Olyristaiaa Competitive Shooting and sham dae°aa+n public shooting miles. AS 59 rraptssaasnts fire funs of the extremist anti-gun agenda►and is not a reasmabla ov credible eft'cert to improve public safety. F*C cit16tr Tat r garr,Batas and conwitifie slrrnsft Is r mind bjw czrassrrrrg oth eras the F* Catrbanr Sasroceeers"Pvaticy laasra'zsets(,�`C�5� ► M Insa latter`s Cthabmax John Bereft sery d w a ,pWkw q6tow-in C'aat f srrda for more th m.a+dee ew a:wtw y. At as ma*rdpeftv#wks'atm aNd owdoaay fmOwsor. W.Brut it an expert fn esus use q/)**amw by peslk#unad crfassfeera A, AUG 11 2003 4: 18PM TRUTRNICH-MICHEL, LLP 310-548-4813 p. 15 The Four We Shot Page 1 of 1 f ` hO Lice: -5 f►cai riflas can shoot with deadly accaraoy up to four miles away. Who said it:Kbretz, Felnstain,Waxman,VPC,Trauma Foundation The Truth:Imagine if somebody told you they could hit four times as many homers Barry Bonds or run the hundred-yard dash four times faster then Michael Johne You'd laugh. A world record Is gust that, a singular amazing feat accomplished experts who trains lifetimes for a single moment. That's where this lie absolutely hits the wall. The official maximum effective range the .50cal M82AIA Special Application Scoped Rifle (the military sniper rifle in use our nations elite special forces) Is 1,800 meters. Yet this lie asserts that any criml can accurately shoot FOUR TIMES the distance of the worid-record far a .50 eat sh which was made in the Afghan War.That shot involved a team of elite military snip who had access to laser rangefinders, GPS satellite systems and precision milite grade telescopes. Even so, they still had to fire multiple shots to hit their terg sources: Military Analysis Network, FWarvdan of Arnedcan Scientists;San*t fires rr Menarshcturtng,Inc. "There is no riflescope made that would allow you to even see a man- sized target at a distance of four miles, much less shoot at It." .1+s WHuber,CEO Augharor=ScopOX "Four miles?You would have as much chance hitting the moon. At least you can see the moon." Skip Talbot 3-tfine FCSA WotM OUmtpton Go to the_NM Top Ten ile,or 13ACIc to the Top Ten Ust http:Jlwww.fi.ftyea org/ttiefounnilashot.htrni 811112003 AUG 11 2003 4: 18PM TRUTANICN-MICHEL, LLP 3101-5148-4813 P. 16 Tasks aad Armored Pers=cl Carriers Page 1 of 1 f MINE The Lie: .50cal riflas can Hp through tanks and APO*from 2,000 yards aws Who said It., Korekz, Feinstein,VPC,Trauma Foundation The Truth: Let's begin by noting than this distance Is 200 yards beyond the offic listed maximum effective range for a .50 military sniper rifle; that`s from the Army a not an anti-SO politician like Assemblyman Paul Koretz (D-CA) who admitted tesUmony, "1 don't know much about guns.' But let's take this further. Neither the U.S. SEAT-sniper training manual, the U.S.M. Scout/sniper manual or the U.S. Army training manual contains any guidance diagrams of armored vehicles Indicating where engines, fuel tanks, ammor or cn might be located. This would be quite an oversight If a rifle could "rip through" one these dangerous opponents. So what do soldiers REALLY use to kill armored vehicles?The most common answer the M136 AT4 Anti-`tank weapon. .w. ft AP N%6 fqft �r'." .. ,'fid:+,v`3�'"te '�n��R.:z5yas.{ • The AT4 fines an 84mm High Expioshm Aral-Armor shaped-charge warhead that is wide as the tube of the rocket launcher shown above.This weapon has a range of or 250 yards. But anti-So legislators have stated in writing that a comparatively tir solid metal .50cal bullet (also shown above for comparison) can "rip through" armored vehicle at Z=yardsi Ask yourself, why In the world would someone lug a huge weapon to within 250 yar of an enemy tank If they could just as easily kill It from teff times that distance?Tha right- the AT4 exists because .SOCBIS are not magic and cannot live up to the ties tt by anti-fifty legislators. Go to the E"tOUS Top Ton Ue,the NM one, or 46CK to the Top Ten List httP.-/Avww.AftYeai.org/ armoredp.html 8/1 W003 AUG 11 2003 4: 19PM TRUTRMICH-4MICHEL, LLP 310-548-4813 p. 17 Limos and Halos Page 1 of 1 9 a Th® US:.50eal rtl'las can blow up armoried 111mou lines and helleopters `IiY'ho"Id It: Koretz, Feinstein,VPC,Trauma Foundation The Truth: Ah, the old "blow up the car" trick. We've all seen it In the movies. C hero, out-gunned and out-numbered, pulls out his trusty snub-nosed revolver a shoots at the gas tank. The resulting fireball lights up the night sky. Cutl OK, let's leave fantasyland now and come back to the real world where bullets a made of metal and-cars do not drive around with trunks foil of nitroglycerine. T simple fact is that vehides are not roiling bombs waiting to explode. Cars struck la-wheeler trucks have been cut In halt without catching an fire. The simple truth is that a bullet makes a hole-- that's It. In the case of a .50 ealit bullet, that hole Is one-half Inch in diameter. You could cover that hole with the end your thumb. In the movies, special effect teams load vehicles to the brim with explosives a chemicals to create eye-popping effects, just like they do to make men fly and shr aliens landing on earth. You can enjoy these momeant& of fantasy in the theater, t don't expert any of them to take place in the real world. Go to the PMVOUS Top Ten Ue,ilia NM one, or A6CK to the Top Tern Ust htfP.//www.fiif'tyc.W.Or&4imoumdhelos.htm2 8/11/2003 3UG 11 2003 4: 19PM TRUTANICH-MICHEL, LLP 310--548-4813 P. 18 Terrorist and Crim ml Weapon Page 1 of 1 Y- The US11 30061 weapons are smg t-afbrr by criminals and terrorists Who sold It: Karatz, Feinstein,Waxman,VPC,Trauma Foundation The'Truth: Fifty caliber rifles have been commercially available to law-abiding citize since the end Of World War 1, a span of over eighty years. In all that time, there: h never been a terrorist attack on the United States Involving a .50cal rifle. Nobody h ever been killed by a criminal firing a .50cal rifle. In testimony before the Gene Assembly of California, a representative of the LAPD testified that in his 26 years as officer, he had not so much as heard of a.50cal involved In any crime whatsoever. explain to ens again how this rifle is the "superweapon of preference" for bad gu around the world...7 The essy-to-a** truth Is that .50cal rifts are utterly NJ-suited for eHmir, use. These hefty rifles are about as concealable as a strut sign. Given the track of i star athletes In the criminal world, it's no wonder that no criminal has chosen to ma a running get-away lugging a 371b rifle. According to the U.S. Department of Just]; 98% of all violent crime takes place at a distance of seven Net or less.At that distan a criminal would have better luck swinging a fine-foot-long rifle like: an overweit baseball bat than he would trying to shoot it. Criminals have avoided .50cal riff because they are the worst possible choice for committing a crime. Go to the PREVIOUS Top Ten Lie,the one, or 56Cg to the Top Ten List http:ftvvWW.fityr4ll.otgJt=oria dcarim.litml 811112003 RUG 11 2003 4: 1SPM TRUTRNIOH-MIOHEL, LLP 3110-546-4813 P. 19 Military Ste.Rifles Page 1 of 1 yr "ifhE UO:Any teenager with s drWoes license can buy ra military sniper rule. Who said it: Koretz,Trauma Foundation The Truth: This lie was put forth by California legislators to justify AS-50 when th knew full well that military sniper rifles were already banned by existing law. Th hoped that the scary sounding words would confuse fellow legislators Into signing ben on bolt-action target rifles, once more, gun-banners use "bait and switch*tact because they don't have a real argument. The purchase of any firearm Is regulated by national law. Purchasers must submit U background check designed to screen out criminals and those with psycho#ogiR conditions that would make them unfit to own a guff. (As a side note, nobody dog background check when selling a car to see If the buyer is criminal, a drunkard suicidal, even though 40-to-5EI,000 people a year die on our nation's highway. Anyone attempting to purcha'fse a gun Of any type must undergo and pan b screening. s Last but not leapt Is the factor of cost. Fifty caliber rifles are primarily used reasonably affluent sports enthusiasts and hunters seeking a real challenge in for range marksmanship. As such,sticker price on a fully outfitted fitted fifty Cscaopa, b#pod a accessories) will run In the thousands of dollars! Unless things have changed a grt deal since I was a teen, there are not a lot of 18yr-olds walking around with floe grand In pocket cash to spend on a rifle. This Is a disingenuous lie- Intended to sca: soccer moans into thinking that half the kids on the playground will be dragging fl, caliber rifles around.The very idea Is ridiculous. Go to the PEBW S Top Ten Ue,the NM one,or AKK to the"Cop Ten List http:/lwwrw.f call.orgfmilftarysnipet'ri.htr1 8/11/2003 _ _ RUG 11 2003 4:20PM TRUTRNICH-MICHCL, LLP 310-548-4813 P. 20 Special Iht=et Deals! Page 1 of 1 } . ThO Lie:You can buy mil"high-expkwilvis ammo on the Internet Who sold It:Kor+etz The Truth:There are a tot of offers made on the Internet. Ads promise we can eat we want and lose ten pounds a day, that we can earn $50,000 a year part-time, that with the right pill we can cause body parts to double In size. Yes, I MAY he already won ten million dollars, and there MAY be a russian supermodel who wants be my loving and dutiful wife... but I doubt it. So should you. America has had snake oil hucksters and used-car saismen promising the moon i just a few dollars. They prey upon gullibility. It Is no surprise that bogus claims In t gun worid have run from "high explosive ammo"to"black rhino' armor-piercing sluff Most of these am well-documented in the annals of urban legend and Internet hoax. It doesn't take an artist to spray-paint the tips of common civilian ammo red or grief It takes even less to post It convincingly on a website.The simple truth is that genul Mk2-11 military ammunition Is strictly controlled by the U.S. Armed Forces and r available for commercial sale. You can believe that authorities watch the Internet well, and when somebody advertises stolen military property for sale, you can bet tt one of the first responders will have a badge in his pocket. Go to the E LQUS Top Ten Ue or 5ACK to the Top Ten Ust http.*//www.fiftycal.orespeciWW=d&htnll $/11120U3 Supplemental material for SOS 8/12/2003 meeting Item SD.3; page 1 of 2 .50 Caliber Cartridge Identification and Specifications I BAit, tt 4' fi Ate- INCENWAY AMik� Adit+M MMMY BLANK IE# JNt PIE N(i 0IFACING Ib EN1SAW OYMNMAW- TforWW Ammuoltton for the M2. The caliber.50 cartridge consists of a cartridge case, primer, propelling charge,and the bullet. The term bullet refers only to the small-arms projectile. There are eight types of ammunition issued for use in the caliber.50 machine gun. The tips of the various rounds are color-coded to indicate their type. The ammunition is linked with the M2 or M9 metallic links for use in the machinegun. The ammunition can be used in all standard 12,7 mm (.50 cal)weapons like Browning M2 and M3, M3P, sniper rfles similar to Barrett M82A1 and can also be with changed cartridge case used in 12,7 x 107 weapons. Cartridge Use M2 Ball In marksmanship training, against personnel, and light materiel targets. MI Tracer To aid in observing fire-secondary purposes are for incendiary effect and for signaling. M2 Armor-piercing Against armored aircraft and lightly armored vehicles, concrete shelters, and other bullet-resisting targets. M1 Incendiary Incendiary effect-especially against aircraft. M8 Armor-piercing Combined armor-piercing and Incendiary effect. M20 Armor-Piercing Combined armor-piercing and incendiary effect, with the additional tracer feature. M1 Blank For simulated fire(contains no bullet). M2 dummy For training (completely inert). M903 SLAP Raufoss Next generation of multipurpose ammunition Supplemental material for 1305 8/12/2003 meeting item SD.3; page 2 of 2 http://www.iidbs.com/hitech 12844 WENLOCK ST. LOUIS, MO 63146 FAX (314) 275-8059 !Contact lis' _..... .. .. . .._ _ __ __ _ _ _ _ __ .. _..._ _ _ __ _ .__. .50 PROJECTILES(Bullets) IU133 - Ball - FMJBT-647 r Resized& polished 3 $140 25 s - M17 -Tracer- Burgundy T--!-p----"-6,--4" ip-643 gr. Resized ,polished (See *below for special Uri-Sized volume prices and Free $25 $125 $225 Shippingvia true freight, ie. .13 cents each on orders of 15,000 cr 12 =cents each for 30,000) .�...♦..:. �Vm M2 - AP - Black Tip - 690 gr. - Resized & polished $30 �1$140 $250 _ _. _ _ _.. 08 API Silver Tip 649 gr. Resized & polished (See 1below or special Un-Sized volume prices and Free Shipping via truck $25 # $125 ': $225 11reight, ie-13cents each on orders of 15,000 car.12 cents each for I 30,000) -- - --__ M20 - APIT- Silver/Red Tip - 619 gr. Resized & polished'. $30 $140 $250 . --_ _ _ IM48-A1 - Spotter/Tracer - RedNellow Tip - Machine pulled $30 1 $140 $250 ...... -._ . � ------_.. OM1- - Incendiary - Blue Tip - 633 gr. - Resized & $60 $275 $500 ;polished F 01MINANCE NO. 175285 An office adding Sem 55.18 to the Los Angeles Municipal Code to prohibit the sale of lwge caliber harms in the Cita of Los Angeles. )VIMREA5,tbo.5D caliber snipes rifle bas the capacity to bit targets from a distance of ori mile and to cause damage frons a distance of four miles; WBERE S,authorities indicate that the.54 caliber sniper rifle has the capacity to penetrate nearly eight inches of concrete fxom adistance of 400 yards; WHEREAS, the City of Los AAgeles has a high comentration of chemical and rifinery facilities which may save as targets oftcrrorist attacks; V: .EAS,law enforcement agencies report an increasing prevalence of.50 caliber sniper rifles in the possession of arrested criminals,particularly as the supply of such weapons increases and prig dwffne; and V�MIPXAS,a.50 caliber handgun recently has been introduced,and reports indicate that it is dan,ge mus to control and fires with&a tiz=the muzzle power of a.357 naagnuma handgun; NOWTMMOILE. THE PEOPLE Or THE CM OF LOS ANGELES DO O 3AV AS FOLLOWS Section 1. Section 55.18 is added to the Los Angeles Municipal Code to read: SEC. 55.181 SALE OF LAXGE CALIUM FIREARMS FROMBUED. 1 (a) As used in this section, the term "'large caliber forearm" shall mean,any fuer, as defamed in Section 103.314 of this Cotte,moble of fzrszzg a ceszter-fire cartridge of.50 caliber or larger or.50 BMG catz"ber or lager ewer by desmon or by mal measurement The term"large caliber fitearm"shall include any rifle or handgm Q,)) As used in this section, the turn. "rifle" shall mean any firearm'that is designed or resdesigimd,made or remadae and intended to be fired from the shoulder and is designed to fine only a sizt&projectile through a fifted bore for each single;pull of the triggex. The term`rifle"shall not include any shotgun. 1 (c) As used in this section,the term"kandpe shall mean any firearm with a barrel less thaw. 16 inches in length. `Me term"handgun"shall include any pistol, revolver, or concealable firearm as such tams are defined to the California Penal Code, (d) No person sball sell, give,transfer ownership of,transfer, offer for sale,or display for sale any large caliber firearm. (e)The provisions of tWs section shall not apply to any sale or transfer of a firearm which is prohibited under state law,to the sale or transfer of any destructivt device as defined d in Section 12301 of the California Penal.Code,or,to the sale or transfer of any assault weapon as dcfiried in the Califon-ua Penal Code. (f) The provisions of Subswtion(d) of this section shall not apply where the pumliase r or transferee is any of the following: (1) A law enforccmt agency; (2) An agency duly authorized to perform lawn enforcement duties; (3) A state or local correctional facility; (4) A person described in Section 12302 or 12322 of the California Fecal Code; (5) A federal law enforcement officer, (6)A person who is properly identified as a full-time paid,peace officer, as defined in Section 830.1, 630.2, 830.4,or 830.5 of the Califnvia Penal Code,and who is authorized to, and does,carry a firearm,during the course of his or her employment as a peace officer; (7) A firms dealer who has been issued a Feder Firearms License,a Certificate of Eligibility by the State of California,and a permit by the City of Los Angeles to engage in the retail sale of firearms; (8)A purchaser of a curio or collector firearm. A firearm shall be deemed curio of collector only if it falls within one of thew categories: (A.) It was manufactured prior to 1899; (FR) It is classified as a curio or relic pursuant. to 27 Code of red=id Regulations section 178.11, and the pvrcha=maintains a current federal firearms collector license;or 2 t It is a muzzle-loading firearms ( ) A federal,stAte,or local historical soi iety,musOum,or ix tztutianal.cvlle ti ou that is open to the public, provided that the large caliber firesrm is used for display purposes, is secured ft m mautbiorizod use,and is unloaded. (10) An entity or engaged in the business of motion pictaare,television, or video production, provided that the large caliber firearm is used only as a prop egg the course of motion picture,television,or video production,is secured from unauthorized use,UW the perm charged with maintaining custody of the firearm while it is not in use maintaiAs a current Certificate of Eligibility issued by the Mate of California or (11) A.person tubo obtains title to a large caliber firearm by bequest or intestate surression.. (g) AnY violation of this section sball constitute a missderneanox. R 3 Sec. 2. The City Clerk shall certify to the passage of this ordi ce and l=e it published in accordance with Council policy, either in a newspaper cireWated in the City of Los Angeles or by poWpg for ten days in three public places in the City of Los Angeles.one copy on the Wletin board located in the Main Street lobby of City Hall;one copy on the bulletin board located at the grountd level at the Los Angeles Street eutrance to the Los Angeles Police Depa tnent;and one copy on the bulletin board located at she Temple Sheet entmnce to the Los Angeles County Sall of Records. fi I hereby certify that the foregoing ordinance was passed by the Council of the City of'Los Angeles, at its meeting of JUN 1 0 I MICHAEL CARE Y', City Clerk Dept Approved WN I Ma'V6r Approvcd as to Form and Legadity ROCKA.RD I DELGADILLC,City Attorney By Axtell Deputy City Attorney Date =,-j na ?- , 'Le co3 File No. 4 31ECLA TJOH OF POSTIXG ORDnWCE 1, MARIA C. RICO, state as follOWs: i am, and Was at all times hereinafter mentioned, a reg ident of the State of California, over the age of eighteen years, and a Deputy City Clerk of the City of Los Angeles, California. ordinance No. 175285 - r hibit the a fir 2 - a copy of which 4e hereto attached, was finally adopted by the Los Angeles City Council on Jane Ott. 2LtQ , and under the direction of said City Council and the Clay Clerk, pursuant to Section 251 of the Charter of the City of 'Los Angeles and Ordinance No. 172959, on �Iune 17. 200.3., I posted a true copy of said ordinance at each of three publics places located in the City of Los Angeles, California,, as follows. 17 one copy on the bulletin hoard at the Main Street entrance to Los .Angeles City Hall; 2) orae copy on the bulletin board at the ground level Los Angeles Street entrance to the Los Angeles Police Department; and 3) one copy on the bulletin board at the Temple Street entrance to the Hall of Records of the County of Los Angeles. Copies of said ordinance were posted conspicuously beginning on Ju e-1-7. and will be continuously pasted for ten or more days. I declare under penalty of perjury that the foregoing is true and cor: act. Signed this 17th day of June 2003 at Los Angeles, California. Metria c. Rico, Deputy City Clerk Ordinance Effective Date: J141y 27, 2003 Council File No. 02-12.8$ (Rev. 3/21/03) MARCH July 11,2003 UpIf ed With 8r4r+tp C4Apir4gn Yt+Prrvraot CW*YioPa4rvt CALBORNU Contra Costa County Board of Supervisors STATE COUNCIL 651 Pine Street Martinez, CA 94553 25255 Cabot Road,Suite 101 Laguna Hilts,CA 92653 Subject: Ordinance prohibiting sale of.54 caliber sniper rifles (949)200.9676 MM rnil 'QWnoorg Hear Supervisors: CALWORNIA CHAT'T'ERS The Contra Costa Million Mom March strongly supports the passing of an Alameda County ordinance prohibiting the sale of.50 caliber sniper rifles. We feel that these Butte County gurus are strictly weapons of rear and should not be scald to order'citizens. Contra Costa County Los Angeles County Central Los Angeles County East These large caliber firearms do not belong in the civilian population. They Los Angeles County West are especially dangerous in Contra Costa County, which contains the highest Marin County concentration of refineries in Northern California. All of the refineries are Monterey County surrounded by hills that provide ideal short range cover for a sniper who has NapaOran C°� the devious plan to target a refinery. The .50 caliber rifle can hit a target well Orange County p g Riverside County Fest over a mile away,and cause damage from a distance of four miles. With five Sacramento Valley times the muzzle power of a.357 magnum handgun, it can penetrate nearly San Bernar&no County eight inches of concrete from a distance of 400 yards. -San,Diegd County San'Fernando Talley San Francisco Although weapons of war are controlled under existing federal law, .50 San Luis Obispo County caliber sniper rifles are no more regulated than hunting rifles and less San Mateo Courtly regulated than handguns. Santa Barbara Comty Santa Clara Courtly The Contra Costa Million Mom March/Brady Campaign joins with the anta�C'ruz C Maty Violence Polis Center,the League of Women Voters, and the Legal Santa Cruz County 3' g Shasta County Community Against Violence in strongly encouraging you to pass a savw County common-sense ordinance prohibiting the sale of.50 caliber sniper rifles to Sonoma County protect the citizens of Contra Costa County. Stanislaus County Ventufa County Sincerely, CONI RA COSTA MELU>N MOM MARCH P.O.Box 23534 Diane Barde Pleasani Bin,CA 94523 CCMIYIM President (925)67"598 X925} 676.059$ con tracfls�usI&ahoo.cont t SITTING DUCKS 4 i k;l' t 1 The Threat to the Chemical and Refinery Industry from 50 Caliber Sniper Rifles Violence Policy Center The Violence Policy Center is a national non-profit educational organization that condudts research and public education on firearms violence and provides information and analysis to policymakers,journalists, grassroots advocates, and the general public. The Center examines the role of firearms in America, analyzes trends and patterns in firearms violence, and works to develop policies to reduce gun-related death and injury. This report was authored by VPC Senior Policy Analyst Tom Diaz and edited by VPC Publications Coordinator Aimee Stenzel. This report was funded in part with the support of The David $ohnett Foundation, The California Wellness Foundation, The George Gund Foundation, The Joyce Foundation, and The John D. and Catherine T. MacArthur Foundation. Past studies released by the Violence Policy Center include: • License to Kill IV: More Guns, More Crime (June 2002) • American Roulette: The Untold Story of Murder-Suicide in the United States .(April 2002) F • The U.S. Gun Industry and Others Unknown—Evidence Debunking the.Gun Industry's Claim that Osama bin Laden Got His 50 Caliber Sniper Rifles from the U.S. Afghan-Aid Program (February 2002) • John Ashcroft: Year One (January 2002) • "A .22 for Christmas"--How the Gun Industry Designs and Markets Firearms for Children and Youth (December 2001) • Kids in the Line of Fire Children, Handguns, and Homicide (November 2001) • Firearms Training for Jihad in America (November 2001) • Unintended Consequences: Pro-Handgun Experts Prove That Handguns Are a Dangerous Choice For Self-Defense (November 2001) • When Men Murder Women: An Analysis of 1999 Homicide Data (October 2001) • Voting from the Rooftops: How the Gun industry Armed Osame bin Laden,Other Foreign and Domestic Terrorists, and Common Criminals with 50 Caliber Sniper Rifles (October 2001) • Shot Full of Holes: Deconstructing John Ashcroft's Second Amendment (July 2001) • Hispanics and Firearms Violence (May 2001) • Poisonous Pastime: The Health Risks of Target Ranges and Lead to Children, Families, and the Environment (May 2001) • Where'd They Get Their Guns?--An Analysis of the Firearms Used in High-Profile Shootings, 1963 to 2001 (April 2001) • Every Handgun Is Aimed at You: The Case for Banning Handguns (March 2001) • Where Did You Get Tat Statistic?--A Bibliography and Resource Guide For Advocates Working To Reduce Gun Death and injury (January 2000) • Cashing in on the New Millennium: How the Firearms Industry Exploits Y2K Fears to Sell More Guns (December 1999) • One Shot, One Kill: Civilian Sales of Military Sniper Rifles (May 1999) • Joe Camel with Feathers: How the NRA with Gun and Tobacco industry Dollars Uses its Eddie Eagle Program to Market Guns to-Kids (November 1997) • Cease Fire: A Comprehensive Strategy to Reduce Firearms Violence (Revised, October 1997) Violence Policy Center 1140 19th Street, NW Suite 600 Washington, DC 20036 202-822-8200 phone 202-822-8205 fax www.vpc.org web ©August 2002 Violence Policy Center Introduction: Sitting Mucks Since the terrorist attacks of September 11 , 2001 , federal officials have warned the chemical and refinery industry that hazardous-materials plants could be turned into weapons of mass destruction.' The attacks--which made enormously destructive bombs out of passenger jets--wake the world to the fact that familiar objects we tend to think of as relatively benign can become terrifying weapons inflicting catastrophic damage: • A study by the U.S. Army surgeon general concluded that 2.4 million people could be killed or injured-in the worst-case scenario—if terrorists attacked a toxic chemical plant in a densely populated area, and that about 9030,000 such casualties could occur in a middle-range scenario. • A similar analysis by the Environmental Protection Agency (EPA) found that at least 123 plants in the United States keep amounts of toxic chemicals that could place more than one million people in danger if released, 7003 plants maintain amounts that could endanger at least 100,0300 people, and more than 3,000 plants maintain amounts that could affect 10,000 people.' • A small-plane pilot, who one witness believes was Mohammad Atta, the suspected ringleader of the September 11 attacks, showed great interest in a chemical plant in Tennessee he had just flown over. The plant's storage tanks contained 254 tons of sulfur dioxide, enough to kill or seriously injure as many as 60,000 nearby residents.' These warnings do not represent new knowledge. Counter-terrorism experts have for some time warned that terrorists may target the chemical industry and other hazardous facilities. For example, the possibility was addressed in a 1999 blue-ribbon panel report to the President and Congress on the threat from chemical and biological terrorist attach. After noting the obstacles to mounting an attack with actual chemical eapons, the panel discussed an alternate avenue: Given these impediments, a terrorist interested in harming large numbers of persons might prefer to attempt to engineer a chemical disaster using conventional means to attack an industrial plant or storage facility, rather than develop and use an actual chemical weapon. In this way, significant technical and resource hurdles could be overcome, as well as reducing the profile of the terrorist organization to potential detection by intelligence or law enforcement agencies. Common industrial and agricultural chemicals can be as highly toxic as bona fide chemical weapons and, as the 1984 Bhopal, India, catastrophe demonstrated, just as (if not even more) effective when unleashed on a nearby population,5 According to the U.S. Chemical Safety and Hazard Investigation Board, the ,Bhopal incident referred to above involved the release of methyl isocyanate into the air and resulted in an estimated 2,000 deaths and 100,000 injuries.' Environmental groups have added their voice to the government's warnings. For example, the activist organization Greenpeace has in the past demonstrated the vulnerability of such plants by skirting security to get inside sensitive facilities, and `. pointed out the risk of attack mounted from outside typical security zones. "Unfortunately, it's true that...terrorists could render any of these facilities or transport of toxic chemicals a disaster without ever penetrating security," a Greenpeace spokesperson said recently.' The Natural Resources Defense Council, an ' environmental advocacy organization, has sued the U.S. Department of Justice for failing to submit a report to Congress--required by the Clean Air Act--on chemical plant vulnerability.$ A coalition of environmental groups recently issued The Safe Hometowns Guide, a guidebook outlining steps that communities can take to reduce the risk from hazardous industrial locations.' The chemical industry has responded to this new threat by what one observer called raising "the commitment to security to an unprecedented level."" The American Chemistry Council (ACC) promises to have a new security plan by June 2002 to supplement guidelines it issued in October 2001 ." According to the ACC's existing guidelines, "The first step in constructing a solid security program is to conduct a risk assessment--in other words, to take stock of the assets that need to be protected, the threats that may be posed against those assets, and the likelihood and consequences of attacks against those assets."" This report provides detailed information about a serious threat to refinery and hazardous-chemical facilities: the 50 caliber sniper rifle and the armor-piercing, incendiary, and explosive ammunition it is capable of firing accurately over thousands of yards.' The U.S. Army's manual on urban combat states that 50 caliber sniper rifles are intended for use as anti-materiel weapons, designed to attack bulk fuel tanks and other high-value targets from a distance, using "their ability to shoot through all but the heaviest shielding material."t3 e This report is drawn in substantial part from the broader October 2001 Violence Policy Center report on the 50 caliber sniper rifle, Voting from the Rooftops: Now the Gun Industry Armed Osame bin Laden, other foreign and Domestic Terrorists, and Common Criminals with 50 Caliber Sniper Rifles. 2 ................................................................. ..................................................................................................................... _.... Few would disagree that rockets and mortars in the hands of terrorists would present alarming threats to refineries and hazardous-chemical facilities. But the general public, most policymakers, many in the media, and even some who are responsible for providing security to such facilities do not know that the 54 caliber sniper rifle is the equivalent in firepower of rockets and mortars. Barrett Firearms Manufacturing, Inc., the maker of the leading 50 caliber sniper rifle, states the matter starkly in its own advertising material. With decisive force and without the need for the manpower and expense of mortar or rocket crews, forces can engage the opposition at distances far beyond the range of small arms fire....The advantages are obvious when you consider that many of the same targets for rocket and mortar fire can be neutralized...[by the 50 caliber sniper rifle]."' Although rockets, mortars, and other weapons of war are tightly controlled under existing federal law, 50 caliber sniper rifles are no more regulated than traditional hunting rifles and less regulated than handguns. As the VPcrs earlier study Voting from the Rooftops documents in detail, 50 caliber sniper rifles are proliferating and have been purchased by terrorist groups, including t lama bin Laden`s organization, the Irish Republican Army, and domestic terror gangs. The threat to the refinery and chemical industry can be neither fully nor seriously addressed without taking into account the highly dangerous materiel destruction capabilities of the 50 caliber sniper rifle, a weapon of war easily available on the U.S. civilian gun market, s s s 3 Section One. The Capability of the 50 Caliber Sniper Rifle "The advantages are obvious when you consider that many of the same targets of rocket and mortar fire can be neutralized with M33 ball, API M8 or Multipurpose ammunition." —"Heavy Firepower for Light Infantry," Barrett Firearms Manufacturing, Inc. brochure advertising its Model 82A1 50 caliber sniper rifle's r The .50 BMG round' fired by 50 caliber sniper rifles can knock down hovering i helicopters, penetrate armored limousines, and ignite bulk fuel tanks from a distance of 10 football fields." The round's merits were summarized in the authoritative journal The Small Arms Review: The fifty caliber's ability to be deployed by one individual and give that person the capability of discretely engaging a target at ranges of over one mile away are definitely alluring from a tactical standpoint. While the .50 cal sometimes seems to be exaggerated, it is hard to imagine a round that at ranges of over a mile and a half away, has more kinetic energy than a .44 Magnum, and has unbeatable penetration as well." Extended Range and accuracy Advertising, military manuals, expert writing, and civilian-owner comments all demonstrate that 50 caliber sniper rifles are accurate at ranges of at least 1,000 yards, and in the hands of a trained marksman, nearly 2,000 yards. "With confirmed hits out to 1800 meters, the Barrett model 82A1 is battle proven," Barrett Firearms states in its promotional brochure." In fact, U.S. forces using Barrett M82A1 s routinely engaged Iraqi forces out to a range of 1 ,600 meters (1 ,750 yards) during the 1991. Gulf War.'9 Another manufacturer, Aurora Tactical, says that its Model 650 Special Light Anti-Materiel Rifle (SLAMR) "enables a skilled marksman to deliver exceptionally accurate fire on targets in excess of 1500 yards.,,20 b .50 BMG, the technical designation of the caliber, stands for Browning machine gun, one of the earliest weapons designed for this heavy round. 4 Destructive Prower The 50 caliber sniper rifle's threat is a blend of long range and massive power. Here is Barrett's description of the power of its Model M82A1 , widely available on the civilian market: This revolutionary .50 caliber semi-automatic rifle allows sophisticated targets to be destroyed or disabled by a single soldier. Armored personnel carriers, radar dishes, communications vehicles, aircraft and area denial subrnunitions are all vulnerable to the quick strike capability of the Barrett 82A1 . With decisive force and without the need for the manpower and expense of mortar or rocket crews, forces can engage the apposition at distances far beyond the range of small arms fire....The 82A1's light weight makes transportation as easy as walking....With night vision equipment, the weapon is even more effective under cover of darkness. The muzzle brake reduces felt recoil to no more than that of a 12 gauge shotgun....The advantages are obvious when you consider that many of the same targets for rocket and mortar fire can be neutralized with M33 ball, API M8 or Multipurpose ammunition.' An excerpt from the U.S. Army's manual on urban combat emphasizes the 50 caliber sniper rifle's ability to destroy materiel targets: These heavy sniper rifles were originally intended as anti materiel weapons for stand-off attack against high-value targets, such as radar control vans, missiles, parked aircraft, and bulb fuel and ammunition storage sites....It is their ability to shoot through all but the heaviest shielding material, and their devastating effects, that make them valuable psychological weapons. t 50 Caliber Ammunition Available on U S. Civilian Market Although originally designed for heavy military use, all types of 50 caliber ammunition are readily available to civilians in the United States- and thus easily vailable to foreign and domestic terrorists. This, of course, is wholly aside from the act that military ammunition stocks also can be procured from underground sources. Arms and ammunition-including such destructive items as M-16 assault rifles, machine guns, TNT, dynamite, plastic explosives, land mines, and hand grenades—are regularly stolen from U.S. military armories.11 Fifty caliber sniper rifles have proliferated in military forces around the world, and 50 caliber ammunition is made in i 5 more than 30 countries. Those foreign forces, including some that are less than friendly to the United States, have stocks of military ammunition that are available to any terrorist with the right connections. Arms and ammunition are also stolen from these foreign forces, friend and foe alike, sometimes on a staggering scale.2' The 50 caliber sniper rifle's performance is substantially enhanced by the use of ammunition specially designed to destroy hard targets—ammunition that makes the rifles what expert Mark V. Lonsdale calls "a cost effective way to engage the enemy's high-tech equipment, light skinned vehicles and aircraft, especially when compared to the cost of hitting the same targets with rocket or mortar fire."25 This ammunition includes armor-piercing, incendiary, and explosive rounds specifically designed to attack targets similar to the bulk tanks, pipes, and other materiel in and around the typical refinery or other chemical industrial site. Armor-piercing and incendiary ammunition. The U.S. Army says that the basic 50 caliber armor-piercing round is designed for use "against armored aircraft and lightly armored vehicles, concrete shelters, and other bullet-resisting targets. The armor- piercing effect is achieved by the bullet's design, which wraps a hardened core of a substance like manganese-molybdenum steel with a softer metal jacket.27 Incendiary ammunition is self-descriptive, used for "incendiary effect, especially against aircraft. ,28 In other words, it sets things like airplanes, fuel, and other combustible materials on fire.' Tracer ammunition, familiar to the public from scenes of night combat, leaves a visible trail of incendiary light. Variant rounds combine armor- piercing, incendiary, and tracer effects.2 Sabvted Light Armor Penetrator (SLAP) Ammunition. Designers of anti-armor ammunition have long used the idea of replacing a given caliber gun's projectile with a projectile of smaller diameter but more dense material. In order to seat the smaller projectile in the larger ammunition case, and to gain the necessary spin from the gun's rifled barrel, the projectile is wrapped in a "sabot" or "shoe." The shoe rides the length of the gun's barrel, then drops away from the projectile when it exits the barrel. The much higher velocity of a "saboted" round enhances its armor-piercing performance. The U.S. Marine Corps developed 50 caliber SLAP ammunition in the 1980s, and it was used in 1991 during the Gulf War's Operation Desert Storm. It uses a .30 inch heavy metal (tungsten) penetrator in a plastic shoe, which is .50 inch in diameter. "Since the mass of the saboted penetrator is much lighter in weight than normal ball .50 caliber ammunition, SLAP's velocity can be significantly and safely increased," ° Fifty caliber sniper rifles have been banned from some public shooting ranges because of fires set by enthusiasts firing various types of incendiary rounds. 6 ............................... ............................................................................................ according to the Marne Corps. "This produces a very fast round with a very flat trajectory which enhances hit probability...and extends the light armor capability...significantly."" According to Winchester, the civilian contractor that developed the 50 caliber SLAP round, it delivers "superior and proven performance against lightly armored vehicles and armoured attack helicopters at ranges up to 1500 meters."" A round that has "proven performance" against an armored attack helicopter at 1 ,600 yards is a clear threat to American industrial sites in the hands of any terrorist group that, like al Qaeda, has acquired the means to deliver it in the form of the 50 caliber sniper rifle. Raufoss Multipurpose (armor-piercing, explosive, incendiary)Ammunition. The crown jewel of 50 caliber sniper rifle ammunition is the Raufoss multi-purpose round, developed by a Norwegian company and manufactured under license by several companies, including Winchester. Said by experts to be the most popular round with U.S. military snipers," it was used to devastating effect by U.S. forces in the 1591 Cuff War. Designated the MK21 1 by the U.S. military, the round combines armor-piercing, explosive, and incendiary effects and uses a "highly effective pyrotechnically initiated fuze...[that) delays detonation of the main projectile charge until after initial target penetration--moving projectile fragmentation and damage effect inside the target for maximum anti-personnel and fire start effect."33 According to its developer, Nordic Ammunition Company (NAMMQ), the round can be used in "sniper rifles similar to [the] Barrett M82A1 ," has "the equivalent firing power of a 20 mm projectile to include such targets as helicopters, aircrafts [sic], light armour vehicles, ships and light fortifications,"' and can ignite JP4 and JP8 military jet fuel." i r According to the Marine Corps, the Barrett "M82A1 A...fires the .50-caliber RAUI=CS'S ammunition, which contains a tungsten penetrator and a more powerful 'explosive charge than the API ammunition...it has penetrated an inch of steel at 2000 yards. ,31 Jane's International Defense Review estimates that the round is "probably ape of disabling a man wearing body armor who is standing behind the wall of a Ouse at 2,000m.... (and) can perforate the foundation of a high-rise building (20cm einforced concrete) at 400m."11 Reasonable persons probably would agree that lasting through 20 centimeters (7.87 inches) of reinforced concrete from four football field's distance is an impressive performance. 7 Illustration One: 50 Caliber Armor-Piercing, Incendiary, and Explosive Ammunition Enhances the Threat Fifty caliber sniper rifles are in essence ammunition-delivery systems. Armor- M"ctro"A*YF"TW L piercing, incendiary, and explosive ammunition is readily available on the U.S. domestic civilian market. SML00*■ vita"*XPW*tt"t: MW M"A4 r The illustration at right shows construction of one type of 50 caliber round. The figure below illustrates how ttrrstNota*rMA1tllItAL another, the RAUFOSS round, first penetrates armor, then explodes inside its target. The VPC has documented Internal Vonsimction of the FN HArpyro,echni- apparent domestic civilian sales of rally i»i&atcdexplosive.50BMG projecttle(cau- rtesy ofT N.Flerslal SA,Baigium,} RAUFOSS over the Internet. Penetratfion Delayed A diort 8 ................................................. ................................................................................................................................................................................. . .......................................................................................................................................... Availability of Specialized Sa Caliber Ammunition on U.S. Civilian Market The implications of the potential uses to which a terrorist might put 50 caliber armor-piercing, incendiary, SLAP, or Raufoss ammunition can only be described as frightening. Yet all of these types of ammunition are available on the U.S. civilian market. SLAP is less frequently offered than ball, armor-piercing, and incendiary variants, and Raufoss is rarely offered publicly. Yet the Violence Policy Center has documented public offerings and apparent sales in the civilian market of all the varieties discussed above. t r 1 t l 9 Section Two. Industrial Targets and the 50 Caliber Sniper Rifle In the wake of the attacks on the World Tracie Center and the Pentagon, experts have said that anti-terror analysis must focus on simultaneous attacks mounted by relatively simple conventional means, but capable of inflicting catastrophic damage.' The materiel-destroying capability of the 50 caliber sniper rifle is precisely such a means: leveraging readily available low technology to achieve disastrous high- technology results. The 50 caliber rifle's anti-materiel capabilities include. • Turning chemical or other industrial facilities into bombs, with the potential for mass casualties. • Explosive attacks on bulk fuel carriers or storage depots, including the risk of fratricidal explosions spreading damage to catastrophic levels. The more catastrophic scenarios could result in the deaths of the attackers themselves. However, given the suicide attacks we have already experienced, this is no bar to the feasibility of such operations. "Closed-circuit TV [monitoring] works with the IRA, because their method is they don't want to be caught," a British transit police official explained recently. "It wouldn't work with a suicide operator."'s Turning Hazardous Chemical Facilities Into Weapons A substantial amount of attention has been given to the interest of Osama bin Laden's al Qaeda, and other terrorist organizations, in obtaining and using chemical weapons, and analyzing the likelihood of it acquiring such weapons.9 But experts have warned also of the threat of another type of attack, similar in concept to using commercial aircraft as bombs--turning hazardous industrial facilities themselves into chemical weapons. As noted in the Introduction to this report, a 1999 blue-ribbon panel report to the President and Congress warned that "a terrorist interested in harming large numbers of persons might prefer to attempt to engineer a chemical disaster using conventional means to attack an industrial plant or storage facility, rather than develop and use an actual chemical weapon. In this way, significant technical and resource hurdles could be overcome, as well as reducing the profile of the terrorist organization to potential detection by intelligence or law enforcement agencies.r4° 10 The U.S. Department of Justice issued a 2000 report in which it "concluded that the risk of terrorists attempting in the foreseeable future to cause an industrial chemical release is both real and credible. Increasingly, terrorists engineer their attacks to cause mass casualties to the populace and/or large-scale damage to property. Terrorists or other criminals are likely to view the potential of a chemical release from an industrial facility as a> relatively attractive means of achieving these goals."a, In May 2001, the U.S. Environmental Protection Agency (EPA) issued an alert that appeared to respond to the 1999 blue-ribbon panel's report. EPA warned local chemical disaster advisory committees that "a"terrorist may seek to transform a target into a weapon by focusing on facilities that handle explosive, toxic, or volatile chemicals.o42 The advisory warned facilities "with chemicals or explosive storage" to 41 take site security measures. One might think that this is a rare threat affecting only a few people unfortunate enough to live in a heavily industrial area. That would be a mistake. The most hazardous chemical and industrial facilities in the United States are required to report on their plans for dealing with escape of substance offsite. Of some 15,000 that had reportedas of last year, almost half reported that "over 1 ,000 people live in zones that could be affected by the release of toxic chemicals from those facilities."" The threat of this type of engineered chemical attack is so serious that many federal agencies have within recent days removed data about hazardous locations from their Internet web sites." What mint also be asked is: what kind of weapons would be ideal for such attacks? An engineered attack on such a facility could have disastrous ripple effects as well. Numerous facilities critical to the nation's infrastructure are located at or near hazardous sites. "Disruption of even one of these facilities could wreak havoc on an entire region or locality,i ' the Justice Department warns. "A chemical release may jbe more effective than a bomb in causing such disruption, since a leak of toxic chemicals may necessitate large-scale evacuation."" Foreign and domestic terrorists alike have already considered such schemes. .For example, members of the Ku flux Klan plotted to bomb a hydrogen sulfide tank t a refinery near Dallas in 1997.'B According to the chief of the FBI's domestic errorist section, they discussed the potential of hundreds of deaths, including children, which they hoped to use as a diversion for a planned armored car robbery.A9 The plot d The critical infrastructure includes such things as water supply, military installations, utility companies, natural gas distribution, as well as electrical and communications networks. 11 f Illustration Two: Tank Farms are Ideal 50 Caliber Targets ' U.S. military manuals and manufacturer } advertising identify bulk fuel storage as w"Or intended targets of 50 caliber anti- materiel sniper rifles. The tank farm at • o left illustrates a collateral hazard----it is within yards of a major interstate highway. The fuel tank farm at right illustrates a4 . similar collateral hazard—it is located next +;.. `• to a shopping mall and commercial strip in a residential suburb of a major East Coast t ' • "�' ► ' city, Attacks with armor-piercing * ammunition on similar sites storing toxic chemicals could endanger tens of thousands of nearby inhabitants. , � i F a; S l . tty fJ� k Jm4 12 was foiled because an informant tipped off authorities, but the potential is nonetheless instructive. The threat of an engineered chemical disaster is clearly real. How capable the country is of responding to such a threat is another open question--in 2000, Congress instructed the Justice Department to study how well chemical plants are prepared to prevent terrorist attacks, but did not fund the study." Chemical facilities were put on alert after the September 11 attacks.' But, the question is, what likely means of attack are they on the alert for? It takes little imagination to understand the threat from a 50 caliber sniper rifle firing a dramatically explosive and incendiary round like the Raufoss MP from a distance of several thousand yards (or even more, since the target is likely to be big enough to be hit at the farthest manageable range). Attacks on Explosive Materials in Transit or Bulk Storage Bulk storage of hazardous chemicals and fuels, and their transportation in bulk by truck and rail networks, presents many other targets for catastrophic attack by terrorists armed with 50 caliber sniper rifles and the armor-piercing, incendiary, and explosive ammunition widely available for them. In addition to the direct effects of explosions or contamination such attacks would cause, collateral effects could be shutdowns and massive dislocations throughout surface transportation and communications networks, and other vital parts of the critical infrastructure. If the threat is not self-evident, one need only consider the vast number of bulk fuel storage facilities in the United States—such as gasoline and propane---and match that number with the incendiary power of the advanced 50 caliber rounds available to ,Cerrorists. Add to that problem the 50,000 trucks hauling millions of pounds of toxic, �flarnmable, and explosive cargo over America's highways, and countless railcars loaded with hazardous material such as fuels and chlorine gas, the ability of a terrorist ;to inflict damage with the explosive firepower of the 50 caliber sniper rifle becomes almostunimaginable.52 This is not conjecture. Terrorists in the United States have plotted assaults on such facilities. Disastrous accidents involving bulk storage and bulk transport of hazardous materials have shown the potential consequences of a terrorist attack. The .potential effects of a carefully planned attack could go far beyond the random effects of an accident. It is worth noting that 50 caliber enthusiasts trade tips over the Internet about the best ways to shoot commercially available propane tanks to cause them to explode. What is missing is an official response tying these strands together. 13 Consider, for example, the ubiquity of propane gas storage facilities and fhe transportation of propane on public roads and rail networks all over the country, every working day. The propane industry goes to great lengths to make delivery and use safe, but the fact remains that it is a highly explosive fuel when improperly released. "A propane fire is a more powerful monster than the fires these heroes [firefighters] usually face," advised one materials-handling publication.63 The second most deadly chemical accident in history--after Bhopal--was a catastrophic chain of explosions set off at a propane gas distribution center in Mexico City in 1984.64 The death total was nearly 5070, at least 4,000 were injured, 2,000 houses in a 20 block area were leveled, and thousands were left homeless.55 t The United States has not been immune to serious accidents involving propane facilities.55 An accidental propane release and fire near Des Moines, Iowa, in 1998 caused the evacuation of 10,000 residents and the closing of an interstate highway.57 An EPA official described a 1989 explosion involving ethylene and isobutane, "both of which have similar flammability characteristics as propane" as being "the equivalent of 10 tons of TNT."5$ The potential for unleashing disaster by igniting a propane tank has not escaped domestic terrorists. A plot by members of a militia group to blow up a giant propane storage facility in Elk Grove, California, was derailed when federal agents arrested them in December 1999 after an undercover investigation." The facility holds about 24 million gallons of propane and is a few hundred yards from a busy state highway and other industrial buildings. A study by Lawrence Livermore National Laboratory concluded that, had the attack been successful, it would have caused a firestorm that would have reached about 10 miles from the facility and caused a fatality rate as high as 50 percent up to five miles away.50 On a far smaller scale, an environmental terror group in Maine attempted to blow up a fish and game club with a propane tank, but a club member who was a fireman noticed the device and disabled it.51 There are about 33,000 propane facilities nationwide.sa Bulk storage tanks at these facilities range in size from 6,000 to 120,000 gallons, and several tanks of various sizes may be found at any one facility.s3 According to the U.S. Department of Transportation, "propane releases are a leading cause of death in hazardous material transportation.""' Semi-trailer bulk cargo tank vehicles that distribute propane over long-haul distances have capacities ranging from 9,000 to 17,000 gallons." Smaller "bobtail" trucks deliver propane locally to customers that have propane containers on site, and have tank capacities from 750 14 Illustration Three: Potential Attacks on Bulk Transport sof Hazardous Materials Attacks on liquid oxygen in bulk storage or being transported by tank trucks, as illustrated here, or on railcars could have explosive consequences. A well.-planned attack on a location near key infrastructure would have devastating collateral effects. Tens of thousands of fuel trucks travel on highways every day, vulnerable to attack by long-range 50 caliber incendiary ammunition. Unintentional fires have already had devastating effects on transportation networks. Deliberate ,attacks could be far worse. 6 i k.c i 15 to 6,500 gallons.6$ Railroad tank cars that deliver from refineries and gas piants`to bulk tanks have capacities of between 11,000 and 34,500 gallons.' Terrorists have already targeted bulk transporters. In 2000, for example, two anarchists in Oregon tried to ignite a 12,000•gallon gasoline tanker, using a crude milk- jug bomb with a delayed igniter. The device failed, but police said it would have caused a catastrophic explosion had it succeeded." The consequences of a successful attack with armor-piercing incendiary rounds on such a bulk tanker, or a bulk storage facility, could be disastrous—even if the attackers were themselves incinerated in the resulting explosion. i A successful attack with armor-piercing incendiary rounds on railcars or trucks carrying flammable or explosive cargo could create geometrically increasing ripple effects if the attack occurred at or near a crucial site, such as a key bridge or tunnel, a national security facility, or a hazardous industrial site. This issue is addressed in the next paragraphs. Damaging Critical infrastructure Networks Sufficiently to Cause Widespread Disruption There are a variety of ways in which a successful attack by a terrorist exploiting the 50 caliber sniper rifle's capabilities could cause widespread disruption involving critical infrastructures. One of the more obvious was alluded to in the preceding section---the collateral consequences of a successful attack with armor-piercing incendiary rounds on a bulk truck or rail carrier of fuel or other highly flammable material at a key location. "It strikes me that railroads are far more vulnerable in many ways than our airplanes," West Virginia Senator Jay Rockefeller said during a recent Senate hearing on the risk of terror to the nation's surface transportation systems." Gasoline tanker fires have had serious collateral effects. A three-truck accident that set off a gasoline-tanker truck explosion on a bridge shut down a major artery between Pennsylvania and New York for days, forcing tens of thousands of vehicles to find alternate routes.° Instruction in the potential consequences abound in examples of accidents. Earlier this year, for example, a train fire in a tunnel under Baltimore caused an "enormous snarl" in rail traffic on the Eastern seaboard for nearly a week, drawing attention to a large number of potential bottlenecks in the railroad system.' The fire in the tunnel also destroyed fiber-optic cables, slowing Internet traffic all over the country,72 and released toxic chemicals from ruptured tank cars.' Similar explosions 16 ........................................................................................................................................................................................................................................................................................................................... . last year shut dawn a major bridge in Jacksonville, Florida, and a highway in Nevada.74 A Florida collision between a gasoline-tanker truck and a tractor-trailer hauling 20 tons of ammonium nitrate threatened to cause an enormous explosion, had the gasoline mixed with the chemical, the major ingredient of many truck bombs such as the one Timothy McVeigh set off in Oklahoma City in 1995. Firefighters were forced to stand by and let the fire die down, rather than risk dispersing the gasoline and mixing it with the spitted ammonium nitrate." These examples were accidents. It does not take a great deal of imagination to project the mentality of a terrorist, the range of the 50 caliber sniper rifle, and the incendiary effects of its ammunition to imagine carefully planned scenarios with even greater immediate and collateral effects. i s 17 Section Three: Lessening the Risk A serious impediment to addressing the threat to America's refineries and chemical industrial facilities is that many who are knowledgeable about the environmental and safety issues concerning such plants know little or nothing about guns, much less the 50 caliber sniper rifle. Although some environmentalists are now becoming educated to the threat of the 50 caliber sniper rifle,'s much broader education of policymakers, news media, and security specialists needs to be e undertaken. This report aims at that goal. Environmentalists active on this issue generally prefer a strategy of lessening the risk at the site through "inherent safety" measures, such as employing safer materials r and minimizing storage volumes.' The Violence Policy Center recognizes the merit of this strategy, but believes that the threat of the 50 caliber as a tool of terror extends far beyond this issue. Accordingly, it urges the following strategy for dealing with the deadly consequences that are certain to follow in the wake of the gun industry's cynical campaign to market weapons of war like the 50 caliber sniper rifle to civilians. Add 50 Caliber Sniper Rifles to the National Firearms Act of 1934 Congress should immediately amend federal law to bring 50 caliber sniper rifles under the National Firearms Act of 1934. This action would subject these weapons to the same regimen of registration, background checks, and taxation to which other weapons of war, such as machine guns and destructive devices, are currently subjected. There should be no "grandfathering" of existing weapons to exempt them from the law, and any grace period for registration should be very short. America must know who besides Osama bin Laden possesses these deadly tools of assassination and terror. Permanently Ban Export of 50 Caliber Sniper Rifles to Civilians The President may not need to wait for Congress to take action on this point. He should immediately order the Department of State to review whether export of these weapons to civilians should be allowed under existing restrictions on export of weapons. If the Department finds that 50 caliber sniper rifles should not be allowed under existing restrictions, the President should call for a permanent export ban. 1 $ Clearly it is not in the interest of America's national security to allow any more 50 caliber sniper rifles to end up in the hands of international terrorists, drug lords, or common criminals. Improve Reporting and R'ecordke+sp ng Requirements Under current procedures, the federal Bureau of Alcohol, Tobacco and Firearms (ATF) cannot state with certainty how many 50 caliber rifles have been manufactured in the United States. Moreover, the minimum reporting requirements that apply to firearm manufacturers do not even include the reporting of model numbers. Likewise, information regarding how many of these sniper rifles have been used in crime is extremely limited. ATF keeps track of how many times local police departments request that such weapons be traced. However, no information regarding the police department requesting the trace or the type of crime with which the weapon was associated is available. This type of information is essential to be able to assess the level of threat posed by these weapons. ATF should immediately revamp its reporting standards to require that the manufacturers of sniper rifles report the exact number of such weapons produced each year, including the caliber and model designation, and the identity of any person to whom the weapon has been transferred by the manufacturer. ATF should also enhance the collection, analysis, and dissemination of tracing data related to all sniper rifles. Specifically, ATF should collect and make available to the public information regarding the frequency of the use of such weapons in crime, including the nature of those crimes. ,Use the Civil Justice System to Hold Manufacturers Accountable The marketing of 50 caliber sniper rifles presents a classic case, using ordinary "black letter" tort concepts, of an industry's calculated decision to sell without restraint unnecessarily powerful weapons of war as "toys"'—in reckless disregard of clearly foreseeable consequences stemming from the intended and advertised use of the product. Given their acknowledged design purpose, 50 caliber sniper rifles are clearly ; qualitatively different from any other class of firearm. Other firearms sold in the civilian market are at least nominally designed and sold for sporting'or supposed self- defense purposes. Fifty caliber sniper rifles, on the other hand, are designed and sold 19 for the express purpose of killing people and destroying property. Civil courts should be prepared to recognize this fact. Therefore, a useful strategy for effective control may lie in civil litigation, a strategy that would be enhanced if states passed legislation clearly establishing strict liability for damages resulting from the use or misuse of such weapons. Such litigation could impose tort liability, including punitive damages, for manufacturers, wholesalers, distributors, importers, retailers, and any others who participate in bringing to the civilian market any 50 caliber sniper rifle or associated gear (such as ammunition or optics) that is used to kill or injure a human being or to damage property. Y In short, the gun industry should be held to the strictest standards of legal accountability available for the design and marketing to civilians of 50 caliber sniper s rifles, as detailed in this report. P Ban the Sale of Armor-Piercing Ammunition Military surplus armor-piercing (AP) and armor-piercing incendiary (API) ammunition for 50 caliber sniper rifles is widely and readily available. Although Congress has banned the manufacture of some armor-piercing ammunition, those restrictions apply only to handgun ammunition. The existing ban on armor-piercing ammunition should be updated and expanded to cover all AP and API ammunition. This would most effectively be accomplished through the promulgation of a performance standard in which ammunition is tested for its ability to penetrate bullet- resistant vests, ballistic glass, and armor,® as opposed to the existing standard based on the bullet's content. Enact Comprehensive Regulation of the Gun Industry Taken together, the foregoing recommendations would significantly reduce the severe and immediate threat that 50 caliber sniper rifles pose to public safety and national security. But on a broader level, the marketing of 50 caliber sniper rifles to civilians simply highlights the chronic problems that stern from the lack of comprehensive regulation of the firearms industry. e The current definition of armor-piercing ammunition is based on the materials employed in the construction of the projectile and the relative weight of the projectile jacket. See 18 U.S.C. § 921 WO7)(8) and (C). 20 __ ___......__.............. As the gun industry markets each new deadly innovation, public policy typically responds on a reactive, piecemeal basis. This must change if we are to keep up with the industry's consistent and deadly ingenuity. The gun industry must be subject to the same type of regulation that already applies to virtually every other industry in America. The gun industry is currently exempt from even the most basic consumer health and safety laws. Congress should act on legislation introduced by Senator Robert Torricelli tD-NJ) and Representative Patrick Kennedy (D-RI), the Firearms Safety and Consumer Protection Act. The bill would vest the D partment of the Treasury with strong consumer protection authority to regulate the design, manufacture, and distribution of firearms and ammunition. The agency would be empowered to take the steps necessary to protect the public from unreasonable risk of injury resulting from the use of firearms or firearm products. The agency would be able to set minimum safety standards for firearms and ammunition, issue recalls, mandate safety warnings and, in extreme circumstances, ban certain models or classes of weapons. This legislation would end the gun industry's deadly immunity from regulation and permit the Department of the Treasury to respond immediately to new threats to public safety such as 50 caliber sniper rifles. x a a 21 Endnotes 1 . "Study Assesses Risk of Attack on Chemical Plant," The Washington Post, 12 March 2002, p. A8; "Chemical Plants Are Feared as Targets; Views Differ on Ways To Avert Catastrophe," The Washington Post, 16 December 2001 , p. Al ; "US chemical plants and refineries given an urgent call to improving security against potential use by terrorists," NBC Nightly News, transcript, 15 December 2001 . 2. "Study Assesses Risk of Attack on Chemical Plant," The Washington Post, 12 r March 2002, p. A8. 3. "Chemical Plants Are Feared as Targets; Views Differ on Ways To Avert Catastrophe," The Washington Post, 16 December 2001 , p. Al . 4. "Chemical Plants Are Feared as Targets; Views Differ on Ways To Avert Catastrophe," The Washington Post, 16 December 2001 , p. Al . 5. First Annual Report of the Advisory Panel to Assess Domestic Response Capabilities for Terrorism Involving Weapons of Mass Destruction: Assessing the Threat, submitted to the President and the Congress on 15 December 1999, 28, reprint downloaded from http://www.rand.org/organization/nsrd/terrpanel; INTERNET. 6. "Bhopal Disaster Spurs U.S. Industry, Legislative Action," U.S. Chemical Safety and Hazard Investigation Board, downloaded June 19, 2001 , from http://www. chemsafety.gov/iib/bhopal/Ol .htm; INTERNET. 7. "US chemical plants and refineries given an urgent call to improving security against potential use by terrorists," NBC Nightly News, transcript, 15 December 2001 . 8. "Study Assesses Risk of Attack on Chemical Plant," The Washington Post, 12 March 2002, p. A8. 9. Mike Taugher, "Legislators tackling risk of terror attacks on chemical storage sites," Contra Costa Times, 8 March 2002. 10. "Terror-proofing CPl plants: store chemicals properly, limit access to control rooms and screen employees. These are easy steps. The challenge is going beyond the obvious," Chemical Engineering, 1 January 2002, 27. 22 1 1 . "US ACC to have new chemicals plant security plan in June," Chemical News & Intelligence, 30 January 2092. 12. American Chemistry Council et at., Site Security Guidelines for the U.S. Chemical Industry, October 2001 , 5. 13. U.S. Department of the Army, Field Manual 90-10-1 , An Infantryman's Guide to Combat in Built-Up Areas (May 1993), Appendix J, "Countering Urban Snipers," J-2. 14. "Heavy Firepower for Light Infantry," Barrett Firearms Manufacturing, Inc. brochure advertising its Model 82A1 50 caliber sniper rifle, in files of the Violence Policy Center. 15. In the files of the Violence Policy Center. 16. Violence Policy Center, One Shot, One Kill. Civilian Sales of!Military Sniper Rifles (Washington, DC: May 1999). 3-11 . 17. Barry Sturk, "The History and Development of U.S. .50 Caliber Ammunition," The Small Arms Review (March 2000): 46. 18. "Heavy Firepower for Light Infantry," Barrett Firearms Manufacturing, Inc. brochure advertising its Model 82A1 50 caliber sniper rifle, in the files of the Violence Policy Center. 19. "A tale of two fifties; 0.50-calibre sniper rifles gain popularity," International Defense Review, 1 June 1994, 67. 20. Promotional copy at company Internet web site, http:l/www.auroratactical. comlm650.htm, downloaded September 23, 2001 . ,21 . "Heavy Firepower for Light Infantry," Barrett Firearms Manufacturing, Inc, brochure advertising its Model 82A1 50 caliber sniper rifle, in files of the Violence iPolicy Center. '22. U.S. Department of the Army, Field Manual 90-10-1 , An Infantryman's Guide to Combat in Built-Up Areas (May 1993), Appendix J, "Countering Urban Snipers," J-2. 23. See, e.g., "Thefts of Weapons From Army Bases Continue at High Rate," Cox News Service, 2.0 December 1997; "US Military Bases Targets of Federal Probe Into Theft of More Than $13 Million in Military Hardware, Including Tanks," CBS Evening News, transcript, 2 October 1996. 23 24. "Clandestine trade in arms: a matter of ways and means," Jane's Intelligence Review, 1 May 2000; "Army in guns plea; 'Help us catch thieves who raided armoury,'" Bristol (England) United Press, 14 April 2000. �5. Mark V. Lonsdale, Sniper l/ (Mark V. Lonsdale, 1995), 58, 26. U.S. Department of the Army, Meld Manual 23-65, Browning Machine Gun Caliber ,5C HB, M2 (June 1991 ): Chapter 1-7(a)(3). i 27. See, e.g., Barry Sturk, „The History and Development of U.S. .50 Caliber Ammunition," The Small Arms Review (March 2000), 52. r 28. U.S. Department of the Army, Field Manual 23-65, Browning Machine Gun Caflber .54 HB, M2 (June 1991): Chapter 1-7(a)(4). 29. Barry Sturk, "The History and Development of U.S. .50 Caliber Ammunition," The Small Arms Review (March 2000), 51 . 30. "Saboted Light Armor Penetrator (SLAP) Ammunition," United States Marine Carps Fact File, downloaded June 29, 2001 , from http://hgmc.usmc.mil/factfile. nsf/; INTERNET. 31 . "Winchester/Olin Corporation-Small Calibre Ammunition," downloaded July 3, 2001 , from "Army Technology" at http://www.army-technology,com/contractors/ ammuntion/winchester; INTERNET. 32. Mark V. Lonsdale, Sniper /1 (Mark V. Lonsdale, 1995), 59. 33. "Winchester/Olin Corporation-Small Calibre Ammunition," downloaded July 3, 2001, from "Army Technology" at http://www.army-technology.com/contractors/ ammuntion/winchester; INTERNET. 34. NAMMO Raufoss AS, "12,7 mm Ammunition Family," downloaded June 28, 2001 , from http://nammo.com/medium-calibre/l2,7mm/127mm.htm; INTERNET. 35. U.S. Marine Corps, Department of the Navy, Marine Corps Warfighting Publication 3-35.3, Military Operations on Urbanized Terrain, Appendix B, "Employment and Effects of Weapons," B-B. 36. "Change driven by new ammunition," International Defense Review, 1 June 1994, 71 . 37. See, e.g., "Before Attack, U.S. Expected Different Hit: Chemical, Germ Agents Focus of Preparations," The Washington Past, 2 October 2001 , p. Al . 24 38. "Britons Know Price of'Averting Terrorism at Home," The Washington Post, 29 September 2001 , p. A16. 39. See, e.g., "Defense Secretary Warns of Unconventional Attacks,,' The New York Times, 1 October 2001 ; "Al Qaeda May Have Crude Chemical, Germ Capabilities," The Washington Post, 27 September 2001 , p. A 18; "Bin Laden terror group tries to acquire chemical arms," The Washington Times, 26 September 2001 , downloaded from www.washtimes.com; Bin Laden cohorts said in arms quest; Weapons of mass destruction top list," The Washington Times, 15 September 2001 , p. A7; "Terror Master Sought Chem Arms; Bin Laden Targeted C.l.s in gulf," !.wily News (Mew York), 19 November 1998, p. 6. 40. First Annual Report of the Advisory Panel to Assess Domestic Response Capabilities for Terrorism Involving Weapons of!Mass Destruction. Assessing the Threat, submitted to the President and the Congress on 15 December 1999, 28, reprint downloaded from http.//www.rand.org/organization/nsrd/terrpanel; INTERNET. 41 . U.S. Department of Justice, Assessment of the Increased Risk of Terrorist or Other Criminal Activity Associated With Pasting Off--Site Consequence Analysis Information on the Internet, 18 April 2000, p. 2. 42. U.S. Environmental Protection Agency, LEPCs and Deliberate Releases: Addressing Terrorist Activities in the Local Emergency Plan, May 2001, 4. 43. U.S. Environmental Protection Agency, LEPCs and Deliberate Releases: Addressing Terrorist Activities in the Local Emergency Plan, May 2001 , 4. 44. U.S. Department of ,Justine, Assessment of the Increased Risk of Terrorist or Other Criminal Activity Associated With Posting Off-Site Consequence Analysis information on the Internet, 18 April 2000, 2. 45. "Agencies Scrub Web Sites of Sensitive Chemical Data: Government Debates safety Versus Security," The Washington Post, 4 October 2001 , p. A29. x 46. U.S. Department of Justice, Assessment of the Increased Risk of Terrorist or ther Criminal Activity Associated With Posting Off-Site Consequence Analysis nformation on the Internet, 18 April 2000, 20. 7. U.S. Department of Justice, Assessment of the Increased Risk of Terrorist or .Other Criminal Activity Associated With Posting Off--Site Consequence Analysis Information on the Internet, 18 April 2000, 30. 25 48. "White supremacists sentenced in plot; 3 to serve federal terms for scheme io blow up Wise County refinery," The Dallas Morning News, 24 January 1998? p. 31 A. 49. Statement of Robert M. ,Burnham, Chief, Domestic Terrorism Section, on Potential Effects of Electronic Dissemination of Chemical `,Worst Case Scenarios" Data, before the U.S. Senate Subcommittee on Clean Air, Wetlands, Private Property, and Nuclear Safety, 16 March 1999. 50. "Feared to be targets, chemical plants on alert," The Charleston Gazette, 12 September 2001 , p. 1 C. 51 . "Feared to be targets, chemical plants on alert," The Charleston Gazette, 12 September 2001 , p. 1 C. 52, "Trucks Carrying Dangerous Cargo Will Be Checked," The New York Times, 27 September 2001 , 53. "Your Reputation: Is It Safe?" Material Handling Management, 1 October 2000, 11 . 54. Congressional Research Service, RL 30228: Accident Prevention Under the Clean Air Act Section 112(r); Risk Management Planning by Propane Users and Internet Access to Worst-Case Accident Scenarios, 10 June 1999, footnote 2; "Fire in the Dawn Sky; An inferno kills hundreds and devastates a teeming shantytown," Time, 3 December 1984, 28. 55. "Blame shifts in gas blast," Engineering News-Record, January 10, 1985, 12; "Disaster in Mexico—Can It Happen Here?" U.S.. News & World Report, 3 December 1984, 10. 56. Prepared testimony of Jim Makris, Director, Chemical Emergency Preparedness and Prevention Office, U.S. Environmental Protection Agency, before the U.S. House Committee on Small Business, 29 July 1999. 57. Prepared testimony of Jim Makris, Virector, Chemical Emergency Preparedness and Prevention Office, U.S. Environmental Protection Agency, before the U.S. House Committee on Small Business, 29 July 1999. 58. Prepared testimony of Jim Makris, Director, Chemical Emergency Preparedness and Prevention Office, U.S. Environmental Protection Agency, before the U.S. House Committee on Small Business, 29 July 1999. 26 59. "2 Men Held in Alleged Plat to Bomb N. California Sites," Los Angeles Times, 8 December 1999,' p. A 1 ; "Targets of Opportunity: California Terrorist Conspiracy Shows Industry's Vulnerability," Industrial Fire World, Nov./Dec. 1999. 60. "2 Men Held in Alleged Plot to Bomb N. California Sites," Los Angeles Tunes, 8 December 1999, p. Al . 61 . "Ecoterrorism fuels call for stiffer penalties,,, Maine Sunday Telegram, 13 May 2001 , p. 1 A. 62. Prepared testimony of Jim Makris, Director, Chemical Emergency Preparedness and Prevention Office, U.S. Environmental Protection Agency, before the U.S. House Committee on Small Business, 29 July 1599. 63. "Bulk Plants and Bulk Storage Tanks," Propane Emergencies Student Workbook, 6-1, .downloaded September 21 , 2001, from http://www.propanesafety. com; INTERNET. 64. U.S. [Department of Transportation, "Hazardous Materials: Cargo Tank Motor Vehicles in Liquefied Compressed Gas Service; Revisions and Response to Petitions for Reconsideration; Final Rule," Federal Register, vol. 62, no. 159 (18 August 1997): 44037, 44039. 65. "Bulk Transportation Design and Construction Features," Propane Emergencies Student Workbook, 5-1, downloaded September 21 , 2001 , from http://www. pro panes afety.com; INTERNET. 66. "Bulk Transportation Design and Construction Features," Propane Emergencies Student Workbook, 5-1 , downloaded September 21 , 2001 , from http://www. propanesafety.com; INTERNET. a 67. "Bulk Transportation Design and Construction Features," Propane Emergencies '3tudent Workbook, 5-1 , downloaded September 21 , 2001 , from http://www. propanesafety.com; INTERNET. 68. "Two anarchists charged with attempted arson," The Oregonian, 24 June 000, p. Al . 9. "Senators: Land, Sea Open To Attack,"' AP Online, 2 October 2001 . �0. "Hot Weather Stalls Repairs to Temporary 1-80 Bridge," The New York Times, 30 June 2001 , p. B6; "Route 80 Crippled; 3-Truck Crash, Intense Fire Close Section of Highway," The Record (Bergen County, NJ), 23 June 2001 , p. Al . j 27 71 . "Aged Middle Atlantic rail system rife with bottlenecks," The Associated Press State & Local Wire, 28 July 2001 . 72. "Fire in Baltimore Snarls Internet Traffic, Too," The New York Times, 20 July 2001 , p. A 15. 73. "Chemical Experts Take the Acid Test; Tunnel Spill Spurs High-Stakes Mission," The Washington Post, 20 July 2001, p. A14. 74. "Tanker explodes near Hart Bridge," The Florida Times-Union 13 August g g 2000, p. 131 ; "Gas tankers explode, shut down highway," The Associated Press .State & Local Wire, 2 August 2000. z 75. "Fiery collision kills truck driver; Firefighters had to let the flames from the crash die out so that spilled ammonium nitrate would stay unaffected," Sarasota Herald-Tribune, 29 June 2000, p. BM 1 . 76. See, e.g., Safe Hometowns Initiative, The Safe Hometowns wide (2002), 4-8 (noting threat from 50 caliber rifles). 77. See, e.g., Safe Hometowns Initiative, The Safe Hometowns Guide (2002), ES- 4. 28 ........................................................................................................................................................ _ - ............................................................................................................................................................................................................................................................................................................................ AB 50 Assembly Bill - Bill Analysis Page 1 of 22 SENATE COMMITTEE ON Public Safety Senator Bruce McPherson, Chair A 2003-2004 Regular Session B 5 0 AB 50 (Koretz) As Amended June 2, 2003 Hearing date: July 8, 2003 Penal Code and Uncodified Law SH:br .50 CALIBER BMC RIFLES AND AMMUNITION REGULATION - PROHIBITIONS -- PENALTIES HISTORY Source: Trauma Center; Brady Campaign to Prevent Gun Violence; City of Los Angeles (co-sponsors) Prior Legislation: AB 2222 (Koretz/2002) - Assembly Committee on Public Safety; failed passage Support: Los Angeles County District Attorneys Association; California Nurses Association; Los Angeles Police Chief; Los Angeles County Sheriff's Department; California Organization of Police and Sheriffs (COPS) ; League of California Cities; Legal Community Against Violence; Coalition to Stop Gun Violence; California Chapter, American College of Emergency Physicians; Women Against Gun Violence; Physicians for a Violence-free Society; Community Wellness Partnership of Pomona; Consumer Federation of California s Opposition:Fifty Caliber Shooters Association, Inc. (FCSA) ; Howard Jarvis Taxpayers Association; National Rifle Association; Safari Club International; Outdoor (More) AB 50 (Koretz) Page 2 t`th�•l/�[=[T=srr 1r+nin n ro elna=/r+»1„1�i11/ace r+/a}� AnA1_A0;A/sal% I`A rf`o '7f1AU1105Z 1/.11 R2(1 Q/(/nI AB 50 Assembly Bill- Bill Analysis Page 2 of 22 Sportsman's Coalition of California; California Sportsman's Lobby, Inc. ; EDM Arms; President of McMillan Brothers Rifle Co, Inc; California Rifle and. Pistol Association; Fifty Caliber Shooters Policy Institute; NRA Members' Council of Silicon Valley; Gun Owners of California; President, the ROBAR Companies, Inc. ; President, ArmaLite, Inc. ; individual letters/electronic mail Assembly Floor Vote. Ayes 43 - Noes 28 KEY ISSUES SHOULD .50 CALIBER BMG RIFLES, AS DEFINED, BE ADDED TO THE ROBERTI-ROOS ASSAULT WEAPONS CONTROL ACT OF 1989, THEREBY REQUIRING REGISTRATION; GENERALLY PROHIBITING POSSESSION, MANUFACTURE, AND IMPORTATION OR SALE WITH SPECIFIED EXEMPTIONS; AND APPLYING PENALTIES FOR "UNLAWFUL" POSSESSION, AS SPECIFIED? SHOULD .50 BMG RIFLE AMMUNITION, AS DEFINED, BE ADDED TO THE LIST OF ITEMS WHICH MAKES A PERSON SUBJECT TO AN ALTERNATE FELONY/MISDEMEANOR IF HE OR SHE MANUFAC'T'URES OR CAUSES TO BE MANUFACTURED, IMPORTS INTO THE STATE, KEEPS FOR SALE, OR OFFERS OR EXPOSES FOR SALE, OR WHO GIVES, LENDS, OR POSSESSES" ANY OF THOSE ITEMS, WITH SPECIFIED EXEMPTIONS? SHOULD .50 CALIBER BMG RIFLES BE ADDED TO FIREARMS PENALTY ENHANCEMENT PROVISIONS IN LAW, SO THAT, FOR EXAMPLE, AN ASSAULT ON ANY PERSON - CURRENTLY A WOBBLER IF WITH A FIREARM NOT A MACHINEGUN OR ASSAULT WEAPON - IS INSTEAD A FELONY PUNISHABLE BY 4, 8, OR 12 YEARS IN THE STATE PRISON IF COMMITTED WITH A .50 CALIBER BMG RIFLE? SHOULD NUMEROUS RELATED CHANGES IN LAW BE MADE? PURPOSE J The purpose of this bill is to (1) add .50 caliber BMG rifles, } as defined, to the Roberti-Roos Assault Weapons Control Act of i (More) AB 50 (Koretz) Page 3 1989, thereby requiring registration; generally prohibiting possession, manufacture, and importation or sale - with specified exemptions; and applying penalties for "unlawful" possession, as specified; (2) add .50 BMG rifle ammunition, as h"://www.leginfn.ca.PFnv/ni+/*hitt/asm/Ah 0001-00SO/A 50 rfa ?00^AO70R 141R'10 cc.n r-nmmhtrn1 R/A/O'l AB 50 Assembly Bill - Bill Analysis Page 3 of 22 defined, to the list of items which makes a person subject to an alternate felony/misdemeanor if he or she manufactures or causes to be manufactured, imports into the state, keeps for sale, or offers or exposes for sale, or who gives, lends, or possesses any of those items, with specified exemptions; (3) add .50 caliber BMG rifles to firearms penalty enhancement provisions in law, so that, for example, an assault on any person - currently a wobbler if with a firearm not a machinegun or assault weapon - is instead a felony punishable by 4, 8, or 12 years in the state prison if committed with a .50 caliber BMG rifle; and (4) make numerous related changes in law be made. Bxisti�w prohibits specified persons from owning or possessing firearms, including all felons who are subject to that prohibition for life. (Penal 'Code 12021 and 12021.1. ) _Bxistinlaw provides that no person prohibited from owning or possessing a firearm under Section 12021 or 12421.1 of the Penal Code or Section 81.40 or 8103 of the Welfare and Institutions Code shall own, possess, or have under his or her custody or control, any ammunition or reloaded ammunition and states that "ammunition" shall include, but not be limited to, any bullet, cartridge, magazine, clip, speed loader, autoloader, or projectile capable of being fired from a firearm with a deadly consequence. Violations are punishable as an alternate felony/misdemeanor. (Penal Code 12316 (b) . ) Fxistinct law defines as a "restricted" destructive device as any weapon of a caliber greater than 0.60 caliber which fires fixed ammunition, or any ammunition therefor, other than a shotgun (smooth or rifled bore) conforming to the definition of a "destructive device" found in subsection (b) of Section 179.11. of Title 27 of the Code of Federal Regulations, shotgun ammunition (single projectile or shot) , antique rifle, or an antique cannon. For purposes of this section, the term "antique cannon" means any cannon manufactured before January l (More) r a 1 AB 50 (Koretz) Page 4 1, 1899, which has been rendered incapable of firing or for which ammunition is no longer manufactured in the United States and is not readily available in the ordinary channels of commercial trade. The term "antique rifle" means a firearm conforming to the definition of an "antique firearm" in Section 179,11 of Title 27 of the Code of Federal Regulations. (Penal Code 12301(a) (3) . ) Existing law provides that any person, firm or corporation who, within this state, sells, offers for sale, possesses or httn-/AXfvVNV lPcrinfn ('A trnV/nIlh/hill/a-'m/all W01-005n/Ah 50 ofn ')00'10709 141 RIO -,en enmm html 9/6/01 AB 50 Assembly Bill - Bill Analysis Page 4 of 22 knowingly transports any fixed ammunition of a caliber greater than .60 caliber, except as provided in this chapter, is guilty of a public offense and upon conviction thereof shall be punished by imprisonment in the county jail for a term not to exceed six months or by a fine not to exceed $1,000, or by both such fine and imprisonment. A second or subsequent conviction shall be punished by imprisonment in the county jail for a term not to exceed one year, or by imprisonment in the state prison, or by a fine not to exceed $3, 000, or by both such fine and imprisonment. (penal Code 12304. ) Existing law provides that it is an offense for anyone who manufactures or causes to be manufactured, imports into the state, keeps for sale, or offers or exposes for sale, or who gives, lends, or possesses specified prohibited weapons, including certain firearms, punishable by imprisonment in a county jail not exceeding one year, or in the state prison; existing law prohibits items including any cane gun or wallet gun, any undetectable firearm, any firearm which is not immediately recognizable as a firearm, any camouflaging firearm container, any ammunition which contains or consists of any flechette dart, any bullet containing or carrying an explosive agent, any ballistic knife, any multiburst trigger activator, any nunchaku, any short-barreled- shotgun, any short-barreled rifle, any metal knuckles, any belt buckle knife, any leaded cane, any zip gun, and other specified items; provides that the prohibition shall not apply to specified persons and circumstances, such as law enforcement and movie props. {Penal Code 12020. ) (More) J 1 t 0 AB 50 (Koretz) Page 5 a i Existing law provides specific enhancements for the criminal use of firearms, generally punishable as an alternate misdemeanor/felony with a felony punishment applying to assaults on another with a semiautomatic firearm or a machinegun (3, 6, or 9 years and 4, 8, or 12 years, respectively) ; such assaults upon a peace officer or a firefighter are punishable as a felony punishable by imprisonment in the state prison for 4, 6, or 8 years except that if the firearm is a semiautomatic firearms the prison terms is 5, 7, or 9 years and if the firearm is a machine gun or an assault weapons the prison term is 6, 9, or 12 years. (penal Code 245. ) NOTE: Numerous other penalties are applicable for other crimes committed with a firearm. Existing law creates the "Prohibited Armed Persons File" database maintained by the Department of Justice. (penal Code httn://wwwleoinfn.c:a.Vr0v/n1Ih/hill/acmish 0001-0050/ah 50 (,,fa 700107OR 141 RIO .ou:n nnmmhtml 9/6/01 AB 50 Assembly Bill - .Bill Analysis Page 5 of 22 12011. ) Existing law provides for various enhancements and sentencing "restrictions" and requirements for crimes committed: with a firearm. (Penal Code 12022. ) Existing law provides for various enhancements for the personal use of a firearm and that the firearm be deemed a nuisance and disposed of, as specified. (Penal Code 12022 .5. ) Existing law allows the Department of Justice to issue permits to licensed firearms dealers regarding large capacity magazines and out-of-state clients. (Penal Code 12079. ) Existing law generally requires that the sale, loan or transfer of a firearm (handguns, rifles and shotguns) in California must be conducted through a state-licensed firearms dealer or through a local sheriff's department in counties of less than 200,000 population.. This requirement is applicable to both purchases from a licensed firearms dealer and private-party transactions, which must be made through a licensed dealer or a local sheriff's department in smaller counties. A 10-day waiting period, background check, and handgun safety certificate for handgun transfers are required prior to delivery of the firearm. (More) AB 50 (Koretz) Pane 6 a (Penal Code 12072(c) and (d) and 12084. ) i r Existing law requires a license for persons to manufacture firearms in California. (Penal Code 1.2055. ) Existing law provides the fallowing regarding machineguns: Any person, firm or corporation possessing or transporting a machinegun and that does not qualify under one of the statutory exceptions is guilty of a felony, punishable by 4, 6 or S years in state prison or by a fine not to exceed $10,000. (Penal Code 12220(a) . ) Defines a "machinegun" as any weapon that fires more than one shot automatically without manual reloading, by a single function of the trigger, any part or combination of parts designed and intended for use in converting, and any weapon deemed by the federal. Bureau of Alcohol, Tobacco, and Firearms (ATF) as readily convertible to a machinegun. (Penal. Code 12200. ) Authorizes DOJ to issue and revoke permits for the httn://www.lepinfo.r,A.P,ov/niih/hill/acm/ah 0001.001;0/Ah 50 rfa 'M0,107OR Id1RIA cf." i-AMM htMI R/A/fn'l AB 50 Assembly Bili - Bill Analysis Page 6 of 22 possession, manufacture, transportation and sale of machineguns. (Penal Code 12230, 12233 and 12250. ) -Existinglaw provides the following regarding "assault weapons" : Prohibits selling, manufacturing, distributing, transporting, importing, possessing or lending semi-automatic assault weapons in California. (The Roberti-Roos Assault Weapons Control Act of 1989, Penal Code 12275-12290. ) Any person who unlawfully manufactures an assault weapon is guilty of a felony, punishable by imprisonment in the state prison for 4r, 6, or 8 years. (Penal Code 12280(a) . ) Any person who unlawfully possesseN an assault weapon is guilty of a public offense, punishable by imprisonment in the state prison for 16 months, 2 or 3 years or by imprisonment in the county jail not exceeding one year. However, if the (More) AB 50 (Koretz) Page 7 person presents proof the weapon was lawfully possessed prior to the effective date of the Act, it is punishable as an infraction as specified. (Penal Code 12280(b) . ) Allows a person who lawfully possessed an assault weapon prior to June 1, 1589 to register the weapon with the DOJ and to keep the weapon under specified restrictions. (Penal Code 12285. ) i Contains a list which enumerates, by model, and manufacturer, semiautomatic rifles, pistols, and shotguns deemed to be i assault weapons. (Penal Code 12276. ) Provides a generic definition of "assault weapons" and makes manufacturing, importing, selling, lending, or giving a large-capacity magazine (any ammunition feeding device with the capacity to accept more that 10 rounds) an alternate felony/misdemeanor with specified exceptions. (Penal Code 12276.1. (a) and Penal Code 12020. ) Authorizes the Attorney General to file a petition in superior court to declare that additional weapons are prohibited because they are essentially identical to weapons on the list of prohibited assault weapons. (Penal Code 12276.5(x) . ) This bill does the following: Adds .50 caliber BMG rifle to the Roberti-Roos Assault Weapons httn•//www 1ttcrinfn ra crnv/ iih/hM/aem/Ah 0001_/AIM/als 1 0 rfa 1(1(1 A7OR 1 Al RIO html S2/�If12 AB 50 Assembly Bill -Bill Analysis Page 7 of 22 Control Act of 1989. Adds .50 BMG rifle ammunition to the list of items which makes a person subject to an alternate felony/misdemeanor if he or she manufactures or causes to be manufactured, imports into the state, keeps for sale, or offers or exposes for sale, or who gives, lends, or possesses any of those items; specific exemptions apply. Specifically, this bill does the followings Provides that any person who commits an assault with a .50 BMG (More) AB 50 (Koretz) Page 8 rifle is guilty of a felony, punishable by 4, 8, or 12 years in state prison. Provides that any person who commits an assault against a peace officer or firefighter with a .50 BMG rifle is guilty of a felony, punishable by 6, 9, or 12 years in state prison. Provides that registration information regarding any person who possesses or owns a .50 BMG rile shall be included in the Prohibited Armed Person File maintained by the Department of Justice (DOJ) , as specified. Provides that any person who manufactures, imports, sells, { gives, lends, or possesses any .50 BMG cartridge ammunition is guilty of an alternate felony/misdemeanor, punishable by up to one year in county jail or 16 months, 2 or 3 years in state prison, except if it is; S a) A relic, curio, memorabilia or display item; b? Permanently altered to prevent use of live ammunition; c) Possessed or owned by or for a federal, state, county, city and county, or city law enforcement agency; d} Possessed or owned by or for a sworn peace officer who is authorized to carry a firearm in the scope and course of his or her employment; e) Possessed or owned by a state-licensed firearms dealer; hft://www.leeinfo.ca.aov/,niih/hill/,i.qmj,qh 0001-(1050/ah 1/ah 'qO ofn MA107AR 1 AI R'Att AB 50 Assembly Bill - Bill Analysis Page 8 of 22 f) Lent between two individuals, as specified; g) Possessed or owned by a person returning to California who legally possessed the ammunition in California prior to January 1, 2004; (More) AB 50 (Koretz) Page 9 h) Given or lent to a gunsmith for maintenance or repair and subsequently returned to the owner; i) The person has a DOJ permit authorizing possession, transportation or sale; j) Being manufactured for export to sworn peace officers for use; within the course and scope of their employment, law enforcement departments and agencies, governmental agencies or the military; k) Being loaned for use as a prop in a motion picture, television, or video production; or, being purchased by a special weapons permit holder for specified purposes; 1) Provides that any person who may legally manufacture, import, keep for sale, sale, offer, y lend, or possess a .50 BMG rifle pursuant to the r Roberti-Roos Act may legally possess the .50 BMG�' g y cartridge; M) Provides that any person who may legally manufacture, import, keep for sale, sale, offer, lend, or possess a .50 BMG rifle pursuant to the Roberti-Roos Act may legally possess the .50 BMG cartridge; n) Possessed by a person not otherwise prohibited from possessing a firearm and: - The person possessed the .50 BMG cartridge as of January 1, 2004. - The person possesses the .50 BMG cartridge as a relic, curio, memorabilia, or display item. - The person possesses the .50 BMG cartridge within his or her place of residence, place of business, or on private property owned or lawfully possessed by that person. httn://www.lei'info.ca..gov/nii'h/bill/a%m/ab 0001�0050/ah 50 nfs 7.0010709 141 RIO cnn r.nmm html R/6/01 AB 50 Assembly Bill - Bill Analysis Page 9 of 22 (More) AB 50 (Koretz) Page 10 o) Possessed by a person with a permit from the Department of Justice to possess a .50 BMG cartridge. Defines a " .50 BMG cartridge" as being: a) 5.54 inches long from the base to the tip of the bullet. b) A cartridge measuring 0.520 of an inch to, and including, 0.511 of an inch in diameter. c) A case base diameter for the cartridge measuring 0.800 or an inch to, and including, 0.804 of an inch. d) The cartridge case length is 3.910 inches; or, e) A center-fire cartridge in 50 caliber or .50 BMG. Provides that where a person uses a .50 BMG rifle during the commission of a felony, he or she shall be subject to all the same sentencing enhancements that currently apply to the use of a firearm and that the .50 BMG rifle be deemed a nuisance and disposed of, as specified. Allows the DOJ to issue permits "upon a showing of good cause" for (1) licensed dealers for the possession, s transportation, or sale of .50 BMG cartridges to out-of-state clients and (2) for collectors who wish to possess .50 BMG cartridges. 3 Codifies legislative findings and declarations that .50 BMG rifles pose a clear and present terrorist threat to the health, safety and security of all residents and states that it is the legislative intent to establish a registration and permit process for the lawful sale and possession of the .50 BMG rifle. Defines a " .50 BMG rifle" as a center-fire rule designed or redesigned to fire the .50 BMG cartridge and provides an exemption,. for any antique firearm, as specified. (More) httto://www.leizinfo.ca.Lyov/nuh/hill/asm/ah 0001.00SOhih 10 rrfh M(1 0709 1 Al RIO Com„ I-Am m !,tMI R/A/Al AB 50 Assembly Bill - Bill Analysis Page 10 of 22 AB 50 (Koretz) Page 11 Provides that any person who unlawfully manufactures a .50 BMG rifle is guilty of a felony, punishable by 4, 6 or 8 years in state prison. Certain exemptions are provided where the firearm is being manufactured for specified sworn peace officers and law enforcement departments and agencies. Provides that where a person transfers a .50 BMG to a minor, one-year enhancement will be added to the sentence for the underlying crime. Provides that any person who unlawfully possesses a .50 BMG rifle is guilty of a public offense, punishable by imprisonment in the state prison for 16 months, 2 or 3 years or by imprisonment in the county jail not exceeding one year. Includes the .50 BMG rifle within the assault weapons provisions which generally make it a felony to manufacture, distribute, transport, import, keep for sale, offer, give or lend the firearm, with the standard exemptions provided to sworn peace officers and law enforcement departments and agencies. Requires a law enforcement officer who possesses or receives a .50 BMG rifle before January 1, 2004 to register the rifle by July 1, 2004; where the officer receives the .50 BMG rifle after January 1, 2004, he or she is required to register the firearm within 180 days of receipt of the firearm. i Allows the lawful manufacture of .50 BMG rifles where the person obtains a Doi permit. z Provides many of the same standard exemptions for the .50 + BMG rifle currently are provided under several assault weapon provisions (e.g. , manufacturing the firearm for law enforcement, an inheritance, or lending and transporting to a .50 BMG rifle competitive match or league) . (Mare) AB 50 (Koretz) httn•//WWW leainfn ria anv/n11h/hi11/actn/all W)01-(V)5ff/ah in rfa 10010708 141910 qt-.n r.nmron html R/6/0'; AB 50 Assembly Bill-Bill Analysis Page 11 of 2: Page 12 Requires that a person who lawfully possesses a .50 BMG rifle as of December 31, 2003 must register the firearm within 180 days with Doi'. Authorizes Doi to charge a $25 processing fee for registration and allows that fee to be adjusted based on the legislatively approved cost-of-living index. Prohibits the transfer of a .50 BMG rifle other than to a licensed gun dealer, as specified and with the standard exceptions. Establishes a method to register a lawfully owned .50 BMG rifle and provides that a person who registered his or her .50 BMG rifle as an assault weapon will not be required to re-register that firearm. Persons who lawfully possess a .50 BMG rifle and move into this state shall either obtain a machinegun permit or cause the weapon to be delivered to a licensed dealer, as specified. Requires that a person who lawfully possesses a .50 BMG rifle registered. with DOJ and intends to use it in a manner other than at a target range, shooting club, while attending a exhibition, or transporting the firearm under specified conditions to obtain a permit authorizing the special uses from Doi. Provides that a person must obtain a permit from DOJ to lawfully acquire a .50 BMG rifle after January 1, 2004. Authorizes Doi to issue a permit to a federally licensed manufacturer, upon a finding of good cause for the manufacture of the .50 BMG rifle. Provides that a person may relinquish a .50 BMG rifle to a police or sheriff's department, as specified. i s Provides the standard provisions relative to police or dispatcher broadcast guidelines also provides for assault (More) AB 50 (Koretz) Page 13 weapons. Requires Doi to conduct an education campaign to .50 BMG httn:11WW Ie(Yinfrr 0001-t OiO/ah 50 rfq '?001070R 141910 html R/A/AA AB 50 Assembly Bill - Bill Analysis Page 12 of 22 rifle dealers and national associations consisting of providing materials relative to the provisions of this bill to .50 BMG rifle dealers and recognized national associations. Authorizes a licensed firearm dealer to transport, display at gun shows, sell and transfer for the purposes of servicing and repair of a .50 BMG rifle, as specified. Makes a number of other minor technical amendments. States in uncodified law that it is not the intent of the Legislature in amending Sections 12020 and 12280 of the Penal Code by this act to supersede, restrict, or affect the application of any other law, and•to that end the amendments are cumulative. However, an act or omission punishable under different ways by these amended sections and other provisions of law shall not be punished under more than one provision. COMMENTS 1. Need for This Bill According to the authors Fifty BMG caliber sniper rifles and .50 BMG ammunition are armaments designed for military applications involving the destruction of infrastructure and anti-personnel purposes. The military uses these weapons to destroy concrete structures, including bunkers, light armored vehicles, and stationary tactical targets such as fuel storage facilities, aircraft, communications structures and energy transfer stations. I r (More) I i AB 50 (Koretz) Page 14 Current California law recognizes 50 BMG caliber sniper rifles and their ammunition the same as any other rifle and dues not differentiate between these 50 caliber war weapons and other rifles more commonly used for sport such as a .22, .30-06 or 12 gauge shot gun. Currently to purchase a 50 BMG caliber sniper rifle one only has to complete a background check and wait ten days to receive these extremely destructive httn./lwurvr.le�inf�.ca. nv/n��h/F�iltla f h 0001-0050// 50 rh 7.{? I0709 141 RIO een rnmm.htmI R/6/01 AB 50 Assembly Bill- Bill Analysis Page 13 of 22 war weapons. Current law also requires that records of rifle purchases be destroyed immediately upon conclusion of the sale, thus we currently have no way of knowing who, or how may persons, currently are in legal possession of 50 BMG caliber weapons. 50 BMG caliber weapons and their ammunition have increasingly been manufactured and marketed to civilians over the past several years. There is increasing evidence of these weapons falling into the hands of political extremists and terrorists, and more recently drug and street gangs. The manufacturers of these weapons have been reducing the weight, enhancing portability and lowering the price to sawn these weapons, so there is currently'an expanding proliferation of these war weapons. The facts indicate that 50 BMG caliber sniper weapons and .50 BMG ammunition present a clear and present public health and safety danger to California and the nation, it is time for California to strictly regulate these weapons just as we have other war weapons such as assault weapons by closing off future supplies and requiring those who currently possess them to come forward and register them with the state Department of Justice. 2. Additional Background about the .50 HMG Rifle The Assembly Committee on Public Safety analysis of this bill contains the following. (More) y AB 50 (Koretz) Page 15 i The .50 caliber sniper rifle weighs between 28 to 60 pounds and comes in bolt action and semiautomatic versions. The term 11 .50 BMG" stands for Browning machine gun (one of the earliest firearms to use the ammunition) and is a technical designation for the round used in the weapon. The diameter of this type of round is one--half inch (or 11 .50") and the lengths vary from about three to six inches. Manufacturers of the rifles claim that the rifle is accurate up to 2,000 yards and effective up to 7,500 yards. The .50 BMG cartridge is similar to common hunting calibers. The larger safari hunting cartridges are also available to the public. The .50 caliber ammunition, as well as other rounds used to hunt deer or larger httn://www lepinfo cs» 0001_0050/ah O Ufa 100,1077 1,41 RIO cin rnrnm html AB 50 Assembly Bill - Bill Analysis Page 14 of 22 game or for competitive shooting of 600 yards or greater, are capable of piercing through body armor. According to the United States General Accounting Office (GAO) , the .50 caliber rifle gained popularity after it was first used in the 1991 Gulf War. It is now available on the open market and advertised in newspapers, magazines and on the Internet. GAO requested and obtained records from ATF [Bureau of Alcohol, Tobacco, and Firearms] regarding companies manufacturing the .50 caliber rifle between 1987 and 1998. The Barrett Company sold over 2,800 .50 caliber rifles in the civilian market. The majority of the weapons, over 2,200, were sold after the Gulf War in 1991. . . . The Military Sniper Weapon Regulation Act of 2001 was reintroduced as Senate Bill 5.505 (Feinstein, Schumer, and Kennedy) and failed passage from the Committee on Finance. 5.505 would have criminalized the possession of the .50 caliber rifle by most civilians (certificates would be required to legally possess the firearm) and imposes special regulations. 5.505 was substantially similar to H.R. 2127, which failed passage as well and would have (More) AB 50 (Koretz) Page 16 a f amended the Internal Revenue Code of 1986 to regulate specified .50 caliber sniper weapons in the same manner as machineguns and other firearms. The Violence Policy Center has issued two reports on the .50 caliber sniper rifle. [One Shot, One Kill (May 1999) and Voting from the Rooftops (October 2001) . ] Both reports stated that the unregulated sale of military sniper rifles to civilians creates a danger to national security as the rifles have the ability to shoot down aircraft. The second report also states that at least 25 Barrett .50 caliber sniper rifles were sold to the Al Qaeda network. [Voting from the Rooftops, pages 1 and 7, citing the transcript of the trial, United States of America v. Usama bin Laden, et al. , United States District Court, Southern District of New Fork, February 14, 2001, pp. 18-19; "Al-Qaeda's Business Empire, " Vane's Intelligence Review (August 1, 2001.) . ] However, opponents of this bill provided an article httn://www.leeinfo.ca.Lyov/nub/bill/a,qm/ah f 001-0050/sh if) nfn 7MI07OR 141910 rntmm htmt RIA101A AB 50 Assembly Bill - Bill Analysis Page 15 of 22 which states that the Barrett .50 caliber sniper rifles were shipped in the late 1980's when the United States was supporting Afghanistan against the Soviet government. [Kopel, nave. Guns and. (Character) Assassination. December 21, 2001. 1 According to the article, Ronnie Barrett, President of Parrett Firearms stated, "The rifles were picked up by United States government trucks, shipped to United States government bases, and shipped to those Afghan freedom fighters. " 3. .50 Caliber Sporting Associations The Fifty-Caliber Shooter's Association (FCSA) was established in 1985 and conducts 1., 000-yard shooting competitions. FCSA sponsors approximately eight to ten' 1, 000--yard rifle matches per year in various places thought the continental United States. FCSA is affiliated with the National Rifle Association and has almost 2,000 members. GAO investigators reported that FCSA appeared to be an organization of law-abiding citizens engaged (More) AB 50 (Koretz) Page 17 in legitimate sporting activity. The United States Congress created the Civilian Marksmanship Program (CMP) . The CMP's original purpose was to provide civilians with an opportunity to learn and practice marksmanship skills so they would be skilled marksmen if later called to r serve in the United States military. over the years, the emphasis of CMP shifted to focus on youth development through marksmanship. CMP promotes firearm safety training and rifle practice for all qualified United States citizens, with special i emphasis on youth. CMP operates through a network of affiliated shooting clubs and associations that includes every state in the United States. The clubs and associations offer firearms safety training and marksmanship courses as well as the opportunity for continued practice and competition. The California Rifle and Pistol Association, Inc. , is the designated California CMP association. There are 72 CMP-affiliated clubs. 4. Penalty Issues Involving This Bill This bill adds a new firearm to the Roberti-Roos Act, with felony penalties applicable for persons who possess such weapons in the future without registration, as specified. This bill also adds .50 caliber cartridges to Penal. Code Section 12020, thus making possession and trade in such cartridges subject to a wobbler penalty, as specified. However, a person who has any felony convictions, as well as specified misdemeanor httn !/unuxxJ leainfn on onv/niih/hill/acrnlah 0001_0050/ah 50 rfa M010709 1419111 aPn rnmrn btml 9/6/01 AB 50 Assembly Bill - bill Analysis Page 16 of 22 convictions, is already subject to a felony penalty for possessing firearms and an alternate felony/misdemeanor for possessing ammunition. Since the persons subject to those penalties would already be subject to similar penalties for possessing .50 BMG rifles and ammunition, this bill technically does not create any new three-strikes exposure. This bill does make the current wobbler penalty for assault with any firearm - other than a machinegun or assault weapon - that would now apply to the use of a .50 BMC rifle not otherwise a semiautomatic weapon a straight felony penalty punishable by 4, (More) AB 50 (Koretz) Page 18 8, or 12 years in prison. However, if a .50 BMC rifle is added to the assault weapons law, that new increased penalty is arguably appropriate. Regardless, it does not technically create any new three-strikes exposure. 5. Criminalizing the .50 BMG Cartridge This bill "criminalizes" the .50 BMG cartridge by adding it to Penal Code Section 12020. This bill then provides a list of specified exemptions for those cartridges in that section for a private parties who do not otherwise have "registered" .50 f caliber rifle (law enforcement and others are of course exempted as well) : (b) (15) Any plastic toy handgrenade, or any metal military , practice handgrenade or metal replica handgrenade, or any .50 BMG cartridge -, that is a relic, curio, memorabilia, or display item, that is filled with a permanent inert substance or that is otherwise permanently altered in a manner that prevents ready modification for use as a grenade, or live ammunition . (b) (24) The importation of a .50 BMG cartridge by a person who lawfully possessed the .50 BMG cartridge in the state prior to January 1., 2004, lawfully took it out of the state, and is returning to the state with the .50 BMG cartridge previously lawfully possessed in the state. (35) The possession of a .50 BMG cartridge if all of the fallowing conditions are met: (A) The person is not prohibited by Section 1.2021, 12021.1, or 121.01 of this code, or by Section 8300 or fittri-//www.leainfo.ca.Lyov/niih/hill/,,.em/nh 0001-0050/sb 50 cfa 2,0010708 141RIO -.en comm.html 9/6/0*1 AB 50 Assembly Bill - Bill Analysis Page 17 of 22 5103 of the Welfare and. Institutions Code from possessing firearms or ammunition. (B) The person possessed the .50 BMG cartridge as of January 1, 2004. (C) The person possesses the .50 BMG cartridge as a relic, curio, memorabilia, or display item. (D) The person possesses the .50 BMG cartridge within his (More) AB 50 (Koretz) Page 19 or her place of residence, place of business, or on private property owned or lawfully possessed by that person. This bill also includes an exemption in Section 12020 for persons issued a Department of Justice permit pursuant to amendments made to Section 12079 by adding a new subdivision (b) - that section currently applies to permits for large--capacity magazines and includes a "good cause" requirement; it may or may not be clear how a collector establishes "good cause" .for collecting ammunition; Upon a showing that good cause exists, the Department of Justice may issue permits for the possession of .50 BMG cartridges to persons who wish to possess them as collectors. Whose amendments regarding exemptions are intended to address questions that may arise about making criminals of persons who possess something that has previously not been illegal. a Cartridges do not have dates of production. It is not possible to estimate how many persons currently may possess .50 BMG cartridges, nor how many of those persons may become aware of the new penalties that would become the law effective January 1, 2004, if this bill is enacted. SHOULD .50 BMG CARTRIDGES BE MADE ILLEGAL - WITH SPECIFIED EXEMPTIONS - AS PROPOSED BY THIS BILL? As noted in the Purpose section above, existing Penal Code Section 12301 criminalizes ammunition larger than .60 caliber in the destructive devices chapter of the dangerous weapons laws and Section 12304 provides the following penalty: . . . any person, firm or corporation who, within this state, sells, offers for sale, possesses or knowingly transports any fixed ammunition of a caliber greater than .60 caliber, except as provided in this chapter, is guilty of a public offense and upon conviction thereof shall be punished by imprisonment in the httn-//www leainfn ra csnvintthlliitlfa,m/ph ()t'1011-t)(15Cl/ah jo rfn X1(1"0 7OR 141 R10 html R/A/01 AB 50 Assembly Bill -Bill Analysis Page 18 of 22 county jail for a term not to exceed six months or by (Mare) AB 50 (Koretz) Rage 20 a fine not to exceed $1,000, or by both such fine and imprisonment. A second or subsequent conviction shall be punished by imprisonment in the county jail for a term not to exceed one year, or by imprisonment in the state prison,, or by a fine not to exceed $3, 000, or by both such fine and imprisonment. WOULD IT BE APPROPRIATE TO ADI? .50 BIKG CARTRIDGES TO SECTIONS 12301 AND 12304 RATHER THAN SECTION 12020, OR TO CREATE A SECTION WITH LANGUAGE SIMILAR TO SECTIONS 12301 AND 12304? NOTE: See this Committee's analysis of SB 929 (Speier) for a discussion (especially Comments #4 and 5) about the determination of punishment for Sections 12020 and 12304 if a person possesses more than one of the same prohibited items. Following website contains information about military issue .50 caliber ammunition and includes the following: The caliber .50 cartridge consists of a cartridge case, primer, propelling charge, and the bullet. The term bullet refers only to the small-arms projectile. There are eight types of ammunition issued for use a in the caliber .50 machine gun. The tips of the t various rounds are color-coded to indicate their type. The ammunition is linked with the M2 or M9 metallic links for use in the machinegun. Pictures and additional information all at: http://www.biggerhammer.net/barrett/fast NOTE: Penal Cade Section 12020 (a) (1) currently criminalizes "any bullet containing or carrying an explosive agent. " 6. Other Issues Raised by This Bill Both the original Roberti.-Roos Act and the generic definition of assault weapons added by SB 23 (Perata) - Chapter 129, Statutes of 1999 - allowed a first time offense for possession of an assault weapon (no more than two) lawfully owned or possessed (More) htMY!/txrt�rtxr le ainfn rsa cxnv/nr�l,lt�;lilacmlz�h (1(ffll-()()'S(1/ah 50 rfs '?001070R 1Al910 z,-n rnmm ht-ml 9/64YA AB 50 Assembly Bill-Bill Analysis Page 19 of Z AB 50 (F,oretz) Page 21 prior to the date that the Roberti-Roos Act took effect or "prior to the date that it was specified as an assault weapon" - Penal Code Section 12280(b) and (c) . [NOTE: This bill does change one reference to "firearms" in the (c) to "assault weapons" but the current infraction language would not apply to .50 BMG rifles, regardless, since while .50 BMC rifles are added to the Roberti-Roos Act, they are not stated to be "assault weapons. " it may have been a bit clearer to leave in the title change as previously proposed without the member "tombstone" . ) This bill does not contain a similar option for a first time offense involving .50 BMG rifles. WOULD IT BE APPROPRIATE TO ALLOW A FIRST TIME OFFENSE INVOLVING POSSESSION OF A .50 BMG RIFLE SIMILAR TO THE OPTION ORIGINALLY PROVIDED FOR ASSAULT WEAPONS IN THE ROBERTI-ROOS ACT? This bill does add the following language to the existing law - Penal Code Section 12289 - that requires the Department of Justice to "conduct a public education and notification program regarding the registration of assault weapons" which also includes outreach to local law enforcement agencies and public service announcements on local media: For .50 BMG rifles, the department's education campaign shall provide materials to dealers of .50 BMG rifles, and to recognized national associations that specialize in .50 BMG rifles. a This bill does not provide any additional funding for that .50 i BMG rifle public education and notification program. } ARE THE PUBLIC EDUCATION PROVISIONS OF THIS BILL APPROPRIATE TO MEET THE GOALS OF THIS BILL? t 7. Su wort for This Bill The City of Los Angeles - which is in the process, possibly now complete, of adopting a local ban on .50 Caliber firearms - writes in support of this bill that: (More) httn-//u ww,1e,Pinfh,(-n srnv/niih/h It/spm/Ah 0001_0011 l/s3h 1;0 (4A 900107OR 1 Al RIA Qk-n rnmm html R/156!3 AB 50 Assembly Bill - Bill Analysis Page 20 of 22 AB 50 (Koretz) Page 22 The .50 caliber rifle is an extremely powerful weapon that has the capability to accurately strike targets more than a mile away. According to law enforcement agencies, seizures of .50 caliber rifles have become more prevalent as supplies have increased and the prices have declined. A Congressional staff investigative report discovered that these weapons . . have ended up in the hands of suspected terrorist groups, a mentally ill cop killer, and drug trafficking cartels. " Some have suggested that these weapons will quickly be adopted for use in urban violence thus exacerbating the crime situation in the City of Taos Angeles. The Brady Campaign to Prevent Gun Violence letter in support includes the following: The sake of 50-caliber armor-piercing weapons with sniper accuracy to anyone who is 18 years old and can pass a basic background check represent a clear threat to the safety of all Californians. Weapons that are capable of shooting down airlines and police helicopters from a great distance should never be sold to civilians, and especially not when we are battling terrorism. J r s i (More) 8. Opposition to This Bill htto://www.leeinfo.ca.Lrov/nub/hill/aim/ah t 001-0(?%ah if) ofa 7.00107OR 9 d1 RIO ra-.n rnmm html R/6/0'A AB 50 Assembly Bill - Bill Analysis Page 21 of 22 The NRA opposition to this bill includes the following: . . . The proponents of AB 50 claim that .50 caliber rifles constitute a "terrorist threat" to the citizens of California. But no evidence has been presented to the legislature, that .50 caliber rifles have been used in any crimes in California. The fact is that, the major California law enforcement groups representing both the Sheriffs and Police Chiefs do not support AB 50. Even the National Transportation Safety Administration when asked about the potential threat of .50 caliber rifles in a New 'fork Times article published on Jan. 30, 2003, the agency was quoted as saying "We just don't feel it is high on the list of potential threats" . The provisions of AB 50 would also ban the possession of .50 caliber cartridges. There are thousands of collectors, military museums and retired military veterans that have collected the 50 as curios and keepsakes. There are no provisions in AB 50 to fund any public education campaign to inform Californians how they can avoid becoming criminals. In 1990, it is estimated that the Department of Justice spent a quarter of a million dollars iii costs associated with administering, enforcing and informing the public about the passage of the so-called "Assault Weapons" legislation. The costs of AB 50 will also be substantial. if there is no public education campaign, thousands of veterans, collectors and shooters would find themselves in legal peril if they do not dispose of the .50 caliber cartridges and register their rifles within the short time allowed by AB 50. Californians that fail to comply with AB 50 will lose their right to possess G (More) a AB 50 (Koretz) Page 24 firearms for the rest of their lives. 9. __Legislative Findings in This Bill This bill includes the following legislative findings about .50 BMG rifles (page 21, lines 32-40, and page 22, lines 1-5) : (b) The Legislature hereby finds and declares that the httn-//www.lesYinfn.r,s on'v/niih/hill/a.qm/sih ()()()1_f 5t)Ja37 5f1 n a ?()n'Jt)7AR I Al R')(l wri rnmm html S2lfi/(l AB 50 Assembly Bill W Bill Analysis Page 22 of 22 proliferation and use of .50 BMC rifles, as defined in Section 12278 [added by this bill] , poses a clear and present terrorist threat to the health, safety, and security of all residents of, and visitors to, this state, based upon findings that those firearms have such a high capacity for .long distance and highly destructive firepower that they pose an unacceptable risk to the death and serious injury of human beings, destruction or serious damage of vital public and private buildings, civilian, police and military vehicles, power generation and transmission facilities, petrochemical production and storage facilities, and transportation infrastructure. it is the intent of the Legislature in enacting this chapter to place restrictions on the use of these rifles and to establish a registration and permit procedure for their lawful sale and possession. 3 " i httn:lfwww.icainfo.ca.Lyov/t iib/hit]f»em/sh OMI_00,50/nh SO ofa `7t0107OR 1 dT RIO cin rnmm htm) R/A/01