HomeMy WebLinkAboutMINUTES - 10121993 - 1.57 AS-7
RECEIVED
NATIONAL RIFLE ASSOCIATION OF AMERICA SEP 2 71993
INSTITUTE FOR LEGISLATIVE ACTION
555 CAPITOL MALL, SUITE 455 CLERK BOARD OF SUPERVISORS
SACRAMENTO,CA 95814 CONTRA COSTA CO.
(916) 446-2455.
September 15, 1993
Chairman Thomas Torlakson
Contra Costa County Board of Supervisors
300 E. Leland Avenue, Suite 10
Pittsburg, CA 94565 SEP 2
0 1933
Dear Chairman Torlakson:
RE: RESOLUTION No. 93 - MEASURE B
It has come to my attention that the issue of"assault weapons" will be on the November 1993 ballot
in Contra Costa County. Voters will apparently be asked if the State of California should ban "the
sale, manufacture, transportation and possession of all assault weapons". I assume that you are
aware that the Roberti-Roos Assault Weapon Control Act of 1989 does not define"assault weapon".
I have attached a copy of the relevant Penal Code sections for your review. You should also be
aware that on the Federal level, Title 18 and Title 26 U.S.C. and their implementing regulations
do not define the term "assault weapon". According to Edward Owen, Jr., who is Chief of the
Firearms Technology Branch of the Bureau of Alcohol,Tobacco and Firearms, his organization has
not defined the term.
The meaning of words is critically important to the development of public policy. Could you please
provide me with the definition of the term "assault weapon" that the voters of Contra Costa County
will be asked to apply when they vote on Measure B.
Sincerely,
f� S. C. Helsley
State Liaison
SCH:add
cc: Members of Contra Costa County Board of Supervisors
George McNeill, NRA-ILA
Gary T. Yancey, District Attorney
Warren Rupf, Sheriff
Ariel Ambruster, Staff Writer, Contra Costa Times
Richard Rainey,.Assemblyman
Attachment
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Foberti-Roos Assault Weapons Control Act of (B) SWI) Incorporated M11.
1989. (11)SKS with detachable magazine.
(12)SIG AMT,PE-57, SG 550, and SG 551.
12275.5. The Legislature hereby finds and (13)Springfield Armory BM59 and SAR48.
declares that the proliferation and use of assault (14)Sterling MK-6.
weapons poses a threat to the health, safety, and (15)Steyer AUG.
security ofall citizens ofthis state.The Legislature (16)Valmet M62S, M71 S, and M78S.
has restricted the assault weapons specified in (17)Armalite AR-180.
Section 12276 based upon finding that each (18)Bushmaster Assault Rifle.
firearm has such a high rate of fire and capacity (19)Calico M-900.
for firepower that its function as a legitimate (20)J&R ENG M-68.
sports or recreational firearm is substantially (21)Weaver Arms Nighthawk.
outweighed by the danger that it can be used to (b) All of the following specified pistols:
kill and injure human beings. It is the intent of the (1) UZI.
Legislature in enacting this chapter to place (2) Encom MP-9 and MP-45.
restrictions on the use of assault weapons and to (3) The following MAC types:
establish a registration and permit procedure for (A) RPB Industries Inc. sM10 and sM11.
their lawful sale and possession.It is not,however, (B) SWD Incorporated M-11.
the intent of the Legislature by this chapter to (C) Advance Armament Inc. M-11.
place restrictions on the use of those weapons (D) Military Armament Corp. Ingram M-11.
which are primarily designed and intended for (4) Intratec TEC-9.
hunting,target practice,or other legitimate sports (5) Sites Spectre.
or recreational activities. (6) Sterling MK-7.
(7) Calico M-950.
12276. As used in this chapter, "assault (8) Bushmaster Pistol.
weapon" shall mean the following designated (c) All of the following specified shotguns:
semiautomatic firearms: (1) Franchi SPAS 12 and LAW 12.
(a) All of the following specified rifles: (2) Striker 12.
(1) All AK series including, but not limited (3) The Streetsweeper type S/S Inc. SS/12.
to, the models identified as follows: (d) Any firearm declared by the court
(A) Made in China AK, AKM, AKS, AK47, pursuant to Section 12276.5 to be an assault
AK47S, 56, 56S, 84S, and 86S. weapon that is specified as an assault weapon in
(B) Norinco 56; 56S, 84S, and 86S. a list promulgated pursuant to Section 12276.5.
(C) Poly Technologies AKS and AK47. (e) The term "series" includes all other
(D) MAADI AK47 and ARM. models that are only variations, with minor
(2) UZI and Galil. differences, of those models listed in subdivision
(3) Baretta AR-70. (a), regardless of the manufacturer.
(4) CETME Sporter. (f) This section is declaratory of existing
(5) Colt AR-15 series. law, as amended, and a clarification of the law
(6) Daewoo K-1, K-2, Max 1, Max 2, AR and the Legislatures's intent which bans the
100, and AR11OC. weapons enumerated in this section,the weapons
(7) Fabrique Nationale FAL, LAR, FNC, included in the list promulgated by the Attorney
308 Match, and Sporter. General pursuant to Section 12276.5, and any
(8) MAS 223. other models which are only variations of those
(9) HK-91,HK-93,HK-94, and HK-PSG-1. weapons with minor differences, regardless of
(10)The following MAC types: the manufacturer. The Legislature has defined
(A) RPB Industries Inc. sM10 and sM11. assault weapons as the types, series, and models
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listed in this section because it was the most (c) Upon declaration of temporary
effective way to identify and restrict a specific suspension, the Attorney General shall
class of semiautomatic weapons. immediately notify all police, sheriffs, .district
attorneys, and those requesting notice pursuant
12276.5. (a) Upon request by the Attorney to subdivision (d), shall notify industry and
General filed in a verified petition in a superior association publications for those who
court of a county with a population of more than manufacture, sell, or use firearms, and shall
1,000,000, the superior court shall issue a publish notice in not less than 10 newspapers of
declaration of temporary suspension of the general circulation in geographically diverse
manufacture, sale, distribution, transportation, sections ofthe state ofthe fact that the declaration
or importation into the state, or the giving or. has been issued.
lending of a firearm alleged to be an assault (d) The Attorney General shall maintain a
weapon within the meaning of Section 12276 list of any persons who request to receive notice
because the firearm is either of the following: of any declaration of temporary suspension and
(1) Another model by the same manufacturer shall furnish notice under subdivision (c) to all
or a copy by another manufacturer of an assault these persons immediately upon a superior court
weapon listed in subdivision (a), (b), or (c) of declaration. Notice shall also be furnished by the
Section 12276 which is identical to one of the Attorney General by certified mail,return receipt
assault weapons listed in those subdivisions except requested(or substantial equivalent if the person
for. slight modifications or enhancements who is to receive the notice resides outside the
including, but not limited to: a folding or United States), to any known manufacturer and
retractable stock;adjustable sight;case deflector California distributor of the weapon which is the
for left-handed shooters; shorter barrel;wooden, subject of the temporary suspension order or
plastic or metal stock; larger magazine size; their California statutory agent for service. The
different caliber provided that the caliber exceeds notice shall be deemed effective upon. mailing.
..22 rimfire; or bayonet mount. The court shall (e) After issuing a declaration of temporary
strictly construe this paragraph so that a firearm suspension under this section,the superior court
which is merely similar in appearance but not a shall set a date for hearing on a permanent
prototype or copy can not be found to be within declaration that the weapon is an assault weapon.
the meaning of this paragraph. The hearing shall be set no later than 30 days
(2) A firearm first manufactured or sold to from the date of issuance of the declaration of
the general public in California after June 1, temporary suspension. The hearing may be
1989, which has been redesigned, renamed, or continued for good cause thereafter. Any
renumbered from one of the firearms listed in manufacturer or California distributor of the
subdivision (a), (b), or (c) of Section 12276, or weapon which is the subject of the temporary
which is manufactured or sold by another suspension order has the right, within 20 days of
company under a licensing agreement. to notification of the issuance of the order, to
manufacture or sell one of the firearms listed in intervene in the action. Any manufacturer or
j subdivision (a), (b), or (c) of Section 12276, California distributor who fails to timely exercise
` regardless of the company of production or its right of intervention,or any other person who
distribution, or the country or origin. manufactures, sells, or owns the assault weapon
(b) Upon the issuance of a declaration of may, in the court's discretion, thereafter join the
temporary suspension by the superior court and action as amicus curiae.
after the Attorney General has completed the (f). At the hearing, the. burden of proof is
notice requirements of subdivisions (c) and (d), upon the Attorney General to show by a
jthe provisions ofsubdivision(a)of Section 12280 preponderance ofevidencethat the weapon which
shall apply with respect to those weapons. is the subject of the declaration of temporary
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