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CALIFORNIA ASSEMBLY BILL 50 (2004
– KORETZ)
AS ENACTED AS CHAPTER 494, STATUTES OF 2004
Currently, California Assembly
Bill 50 is the only statewide licensing scheme created specifically
for .50 BMG rifles. The purpose of this summary is to provide context
to the reference files we have received from the State of California to
document the multiple attempts to pass a ban on .50 BMG rifles and the
ultimate passage of Assembly
Bill 50.
Assembly Bill 50 was not the first California bill to seek stronger regulations for .50 BMG Rifles. Assembly Bill 2222 was introduced on February, 20, 2002 to regulate .50 BMG rifles in the same manner as machine guns. Having failed to gather the support needed, Koretz amended Assembly Bill 2222 on April 10, 2002 to treat .50 BMG Rifles in the same manner as "assault weapons." in that legislative session, the bill failed. The following year, two bills that were designed to complement eachother and be the first to regulate .50 caliber firearms: Assembly Bill 601 and Assembly Bill 50. Anti-gun assemblyman Don Peretta introduced Assembly Bill 601 on February 20, 2003 as a non-substantive amendment that affected the "assault weapon" laws. But, amended Assembly Bill 601 (April 22, 2003) converted transformed the bill to regulate .50 caliber handguns. Assembly Bill 601 was amended on April 30, 2003 and May 8, 2003 before it finally failed.
Assembly Bill 50 was introduced by Assembly member Paul Koretz on December 2, 2002. He carried this bill for the Trauma Center, the Brady Campaign to Prevent Gun Violence, and City of Los Angeles.
Assembly Bill 50 was assigned to the Assembly Committee on Public Safety and the Senate Committee on Public Safety where policy issues raised by the bill were considered. The fiscal ramifications of the bill were considered by the Assembly Committee on Appropriations and the Senate Committee on Appropriations. Six amendments were made to Assembly Bill 50. Subsequent to legislative approval, Governor Arnold Schwarzenegger signed the bill on September 13, 2004, and it was recorded by the Secretary of State on that day as Chapter 494 of the Statutes of 2004.
The Office of Senate Floor Analyses provides a Third Reading Analysis for Assembly Bill 50 as last amended on July 27, 2004:
This bill, effective January 1, 2005, prohibits the sale of .50 caliber BMG rifles. This bill authorizes the State Department of Justice to register legally-possessed BMG rifles until April 30, 2006, to assess a $25 registration fee, and to issue dangerous weapons permits for their possession, sale, manufacture and transportation. This bill makes it a misdemeanor to possess a BMG rifle that is not registered after April 30, 2007. This bill expands existing law to make assault with a BMG rifle a felony punishable by four, eight or 12 years in state prison.
The analysis of the Senate Committee on Public Safety identifies the source of this bill to be the Trauma Center; the Brady Campaign to Prevent Gun Violence; and the City of Los Angeles. The analysis notes the purpose of the bill as follows:
The purpose of this bill is to (1) add .50 caliber BMG rifles, as defined, 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; (2) add .50 BMG rifle ammunition, as 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.
The analysis of the Assembly Committee on Public Safety provides this commentary from Assembly member Koretz as justification for the proposals of Assembly Bill 50:
According to the author, "[t]he fifty-caliber sniper rifle is one of the United States military's highest-powered rifles, capable of ripping through armored limousines. It is said to be able to punch holes through military personnel carriers at a distance of 2,000 yards, the length of 20 football fields. It is deadly accurate at up to one mile and effective at more than four miles.
"Yet, current law classifies .50 caliber guns as 'rifles' subject to the least government regulation for any firearm. Sawed-off shotguns and handguns are more highly regulated than this military sniper rifle. I think that the public would be shocked to know that any 18- year-old high school student with a valid driver's license could purchase this deadly weapon.
"Given the destruction this weapon can cause, I doubt most Californians would be comfortable knowing this gun is easier to
buy than a small handgun. This bill ensures that terrorists and criminals do not gain access to this deadly weapon. Placing some reasonable restrictions on those who can posses this weapon is just good public policy."
This same analysis cites reports providing statistical and other information on the use of this weapon:
Violence Policy Center Reports : 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 York, February 14, 2001, pp. 18-19; "Al- Qaeda's Business Empire," Jane's Intelligence Review (August 1, 2001).] However, opponents of this bill provided an article 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, Dave. Guns and (Character) Assassination . December 21, 2001.] According to the article, Ronnie Barrett, President of Barrett 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."
The State of California was provided with documentation that clearly and systematically proves th falsity of these claims and many others in the findings in the Expert Commission Report on Fifty Caliber Rifles that was provided to the Committee in the Senate Committee on Public Safety File along with a balance of letters in support an opposition to Assembly Bill 50 from civil rights groups and individuals:
In sum, the Expert Commission on Fifty Caliber Rifles found the proponent's reports and claims lacking in foundation and unrealistic. Historically, the fifty caliber rifle has not been associated with criminal and terrorist acts.... Further, there is no evidence to suggest that continued availability of these rifles for civilian use will result in an increased risk of criminal or terrorist activity, or that banning them will reduce such risks. Accordingly, should any state or municipality wish to consider banning the sale or possession of fifty caliber rifles, the Commission recommends that a qualified fact-finding panel be established to verify the truth behind the proponents' claims.
Of additional note is that the Assembly Committee on Public Safety File contained an extraordary amount of letters opposing Assembly Bill 50 when compared to the sparse handful letters supporting passage. Despite the public opposition to Assembly Bill 50 it ultimately passed and was signed by Governor Schwarzenegger. Penal Code sections 245, 12011, 12022, 12022.5, 12275, 12275.5, 12280, 12285, 12286, 12287, 12288, 12288.5, 12289 and 12290 were amended and section 12278 was added to the Penal Code in 2004 following legislative approval of Assembly Bill 50.
