HomeMy WebLinkAboutMINUTES - 02141989 - 2.2 TO: BOARD OF SUPERVISORS Contra
� Phil Batchelor
Costa
FROM: County Administrator
n. ?s
February 6 , 1989 'x., `° County
DATE: �STq------ �v,
SUBJECT: Legislation: Senate Bill 292 (Roberti)
SPECIFIC REOUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATION•
Adopt a position of SUPPORT for SB 292 by Senator David Roberti,
as amended January 31 , 1989, which outlaws the manufacture, sale,
or use of assault weapons.
BACKGROUND:
SB 292 would add "assault weapons" to the list of weapons it is
illegal to advertise in California.
SB 292 would also provide that any person who personally uses an
assault weapon in the commission or attempted commission of a
felony shall receive a 5-year sentence enhancement in addition to
the sentence prescribed for the felony or attempted felony.
SB 292 would also require law enforcement officials to dispose of
assault weapons used in the commission or attempted commission of
a felony.
SB 292 would make it a felony to manufacture, import into the
State, keep for sale, offer for sale, give, lend, or possess an
assault weapon. Any person who commits another crime while
violating this provision would also have a one-year enhancement
added to his or her sentence.
SB 292 requires that any person with an assault weapon on October
1, 1989 register the weapon with the Department of Justice,
obtain a permit, and may thereafter possess the weapon only at
home or at his or her place of business, or while at a target
range or shooting club. No person under the age of 18 may
register or possess an assault weapon. Anyone who acquires an
CONTINUED ON ATTACHMENT: YES SIGNATURE:
X RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
X APPROVE OTHER
SIGNATURE(S):
ACTION OF BOARD ON February 14, 1989 APPROVED AS RECOMMENDED _X OTHER
VOTE OF SUPERVISORS
1 HEREBY CERTIFY THAT THIS IS A TRUE
UNANIMOUS(ABSENT ) AND CORRECT COPY OF AN ACTION TAKEN
AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD
ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN.
CC: County Administrator FEB 14 1989
District Attorney ATTESTED
Sheriff-Coroner PHIL BATCHELOR,CLERK OF THE BOARD OF
Senator David Roberti SUPERVISORS AND COUNTY ADMINISTRATOR
Legislative Delegation
Les Spahnn, Jackson/Barish BY &Eztz/z� ,DEPUTY
M382 (10/88)
A l
Page 2
assault weapon after October 1, 1989 must also obtain a permit in
order -to legally possess it.
SB 292 also would create an Assault Weapons Commission within the
State Department of Justice_, consisting of nine ' persons, as
follows:
The Director of the Division of Law Enforcement in the
Department of Justice, who shall chair the Commission.
The Director of the Department of Fish and Game.
A district Attorney of a county with a population over
500, 000.
A sheriff of a county with a population over 500 , 000 .
A sheriff of a county with a population under 500,000 .
A chief of police of a city with a population over 250, 000 .
A chief of police of a city with a population under 250,000 .
A representative of a broad-based organization representing
hunters, or others, who use firearms for sports and
recreational purposes.
A representative of a broad-based peace officer labor
organization.
The Commission would be responsible for adopting regulations
establishing a process whereby it will determine whether specific
weapons are legitimate sports or recreational firearms. The
Commission would receive petitions from licensed gun dealers or
manufacturers of specified assault weapons requesting that a
weapon be defined as a legitimate sports or recreational firearm.
In view of the Board of Supervisors ' recent action indicating its
general support for legislation which would outlaw assault
weapons, it is recommended that the Board specifically indicate
its support of SB 292 and so advise the author and. this County' s
legislative delegation.
ih
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TO: BOARD OF SUPERVISORS s----s.
Phil Batchelor
Contra
FROM: County Administrator .� Costa
's
40¢
February 6, 1989 ���;, ;;� County
DATE: 4rrq----
SUBJECT:
--SUBJECT: Legislation: Assembly Bill 357 (Roos)
SPECIFIC REOUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATION•
Adopt a position of SUPPORT for AB 357 by Assemblyman Mike Roos
which regulates the manufacture, sale, use, or possession of
certain named semi-automatic weapons.
BACKGROUND-
AB 357 lists a number of semi-automatic weapons which the bill
intends to regulate.
AB 357 would provide that any person who is armed with or
personally uses any of the listed weapons in the commission or
attempted commission of a felony will receive a one-year or
two-year sentence enhancement in addition to the sentence
prescribed for the felony or attempted felony.
AB 357 specifies that any person who manufactures, sells, offers
for sale, possesses, imports, transfers, or knowingly transports
any of the weapons listed, except as provided for in the bill is
guilty of a public offense and may be punished by imprisonment in
the state prison or by a fine of not to exceed $10, 000, or by
both imprisonment and a fine.
AB 357 provides that any person who carries a loaded firearm
listed in the bill on his or her person or in a vehicle while in
any public place is guilty of a public offense and may be
punished by imprisonment in the state prison or county jail for
not more than one year, by a fine of not to exceed $10, 000, or by
both such imprisonment and fine.
CONTINUED ON ATTACHMENT: YES SIGNATURE:
ey"-e,06 All'
X RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
X APPROVE OTHER
SIGNATURE(S): ��iC r/C.0- /�,
ACTION OF BOARD ON February 14, 1989 APPROVED AS RECOMMENDED X OTHER
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A TRUE
UNANIMOUS(ABSENT ) AND CORRECT COPY OF AN ACTION TAKEN
AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD
ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN.
CC:
County Administrator FEB 14 1989
District Attorney ATTESTED
Sheriff-Coroner PHIL BATCHELOR,CLERK OF THE BOARD OF
Assemblyman Mike Roos SUPERVISORS AND COUNTY ADMINISTRATOR
Legislative Delegation
Les Spahnn, Jackson/Barish BY Z_Lxall-_e1 DEPUTYM382 (10/88)City of Hercules
Page 2
AB 357 provides that any person who manufactures, imports, sells,
offers for sale, possesses, or transfers specified ammunition is
guilty of a public offense and may be punished by not to exceed
one year in a state prison or county jail or by a fine of .not to
exceed $10, 000 , or by both such imprisonment and fine.
AB 357. provides an exception to the prohibition on the
manufacture, import, sale, purchase, or possession of the listed
firearms by law enforcement agencies, or the military. The same
exception is made for the ammunition for these weapons.
AB 357 provides that a person who inherits one of the listed
weapons must, within one year, transfer title to the weapon to a
dealer or a holder of a valid permit for such weapon. Violation
of this requirement is punishable by imprisonment in the state
prison or by a fine of not to exceed $10, 000, or by both such
imprisonment and fine.
AB 357 requires the Department of Justice to adopt regulations
allowing anyone in possession of any of the listed weapons on
January 1, 1990 to retain those weapons. The regulations must
also provide for the transfer of such weapons from a parent to an
adult child who is otherwise qualified.
AB 357 requires that any person in possession of any of the
listed weapons on January 1, 1990 must apply to the Department of
Justice for a permit by April 1, 1990.
AB 357 allows the sale or transfer of the listed weapons to a
licensed dealer.
AB 357 provides that possession of any of the listed firearms in
violation of the bill constitutes a public nuisance and
authorizes the Attorney Genera, any district attorney or city
attorney, to bring an action in Superior Court to enjoin the
possession of the firearm.
AB 357 directs the Department of Justice to destroy any of the
listed weapons which is found to be in violation of the bill
unless a judge • or district attorney certifies that the
preservation of the firearm is necessary to serve the ends of
justice.
AB 357 authorizes the Department of Justice to issue permits for
the possession and transportation of the listed weapons and
ammunition upon a satisfactory showing that good cause exists for
the issuance of the permit. No one under the age of 21 could be
issued a permit. The bill provides for the procedures which must
be used in issuing permits for the listed weapons.
AB 357 authorizes the Department of Justice to license dealers to
sell the listed weapons and ammunition and specifies conditions
which must be met in order to receive such a license.
In view of the Board of Supervisors ' recent action indicating its
general support for legislation which would outlaw assault
weapons, it is recommended that the Board specifically indicate
its support of AB 357 and so advise the author and this County' s
legislative delegation.
TO: BOARD OF SUPERVISORS ,,,,,�
FROM Phil Batchelor C tra
County Administrator CWIa
DATE: February 6, 1989 coirty
SUBJECT:
Legislation: Assembly Bill 376 (Klebs)
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND Alm JUSTIFICATION
RECOMMENDATION•
Adopt a position of SUPPORT for AB 376 by Assemblyman Johan Klehs
which increases the regulation of machine guns and expands the
definition of a machine gun to include most weapons generally
referred to as assault weapons.
BACKGROUND:
Current law defines the term "machine gun" and prohibits the
sale, offer for sale, possession or knowing transportation of a
machine gun without a permit from the Department of Justice. No
one under the age of 18 may be issued such a permit.
AB 376 broadens the definition of "machine gun" to include
firearms, other than pistols or revolvers, which are automatic .
weapons--generally the type referred to as assault weapons.
AB .376 also outlaws the manufacture of machine guns without a
permit from the Department of Justice. Any person who
manufactures, sells, offers for sale, possesses, or knowingly
transports a machine gun without a permit from the Department of
Justice would be guilty of a public offense punishable by
imprisonment in the state prison, or by a fine of not to exceed
$10,000, or by both imprisonment in the state prison and such
fine.
It is our understanding that AB 376 will be amended to more
specifically address assault weapons. However, in that even as
introduced, AB 376 furthers the regulation of machine guns and
assault weapons along the lines recommended by the Board of
Supervisors, we believe that the Board of Supervisors should
indicate their support for AB 376 . As the bill is amended, we
will summarize those amendments for the Board.
CONTINUED ON ATTACHMENT: _ YES SIGNATURE:
X_ RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
--X APPROVE OTHER
S IGNATURE(S
ACTION OF BOARD ON February 14, 1989 APPROVED AS RECOMMENDED OTHER
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A TRUE
UNANIMOUS (ABSENT �'� ) AND CORRECT COPY OF AN ACTION TAKEN
AYES; NOES. AND ENTERED ON THE MINUTES OF THE BOARD
ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN.
County Administrator ATTESTED FEB 1 4 1989
cc: District Attorney
Sheriff-Coroner PHIL BATCHELOR, CLERK OF THE BOARD OF
Assemblyman Johan Klehs SUPERVISORS AND COUNTY ADMINISTRATOR
Les Spahnn, Jackson/Barish & Associates �O
BY (� �� '� � _ ,DEPUTY
M382/7-83
2. 2D
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Order on _February 14, 1989_, by the following vote:
AYES: Supervisors Powers, Fanden, Schroder, McPeak, Torlakson
NOES: None
ABSENT: None
ABSTAIN: None
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SUBJECT: Regulation of Possession of Assault Weapons
In its consideration of proposed legislation relative to the
regulation of the manufacture, sale, possession and use of assault
weapons, Board members discussed the possibility of Contra Costa
County enacting an ordinance to control or prohibit the possession
of weapons identified in this category. They noted that several
cities in the Bay Area were also considering adopting ordinances on
this matter.
Therefore, IT IS BY THE BOARD ORDERED that the County
Administrator and County Counsel are REQUESTED to confer with the
city attorneys of the cities of El Cerrito, Richmond, and Stockton,
and attorneys for the counties of Los Angeles and San Diego, as
well as other jurisdictions, to determine appropriate action for
this Board to take.
IT IS FURTHER ORDERED that the County Administrator is
REQUESTED to poll Congressmen Miller and Dellums as to what is
being done at the federal level in the control of weapons in the
"assault weapon" category.
4 hereby ce"rlifv that this is a true and correct copy of
an action taken and entered on the minutes o8 the
90ard®f SLpervls®FEB t 1419shown.
ATTESTED
RML BATCHELOR, Clerk of the Board
cc: County Administrator of Supervl$ors and County Administrator
County Counsel fly