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SR-07-23-2013-13DMDR July 23, 2013 CITY CLERK'S OFFICE - MEMORANDUM To: City Councilmembers From: Mayor O'Connor Date: July 23, 2013 13 -D: Request of Mayor O'Connor that the City Council support passage of the proposed State "Lifesaving Intelligent Firearms Enforcement (LIFE)" Act and related bills, designed to close loopholes in existing regulations, keep firearms out of the hands of potentially violent or dangerous persons, and strengthen education on gun ownership. The package of bills emerged from a State Senate and Assembly joint public safety committees hearing in January this year, which studied gun violence and firearms laws in California. The LIFE Act bills have passed the Senate, and now move to the State Assembly. The City is already on record supporting SB 396 on prohibitions associated with large capacity ammunition magazines. July 23, 2013 California Chapters Brady Campaign 'to Prevent Gun Violence OUR MISSION To educate and mobilize our California Communities to advocate for sensible responsible gun laws, regulations, and public policies, at the local, state and national levels. PRESIDENT Dallas M. Stout, Psy. D. VICE PRESIDENT Sheri Barnett LEGISLATION & POLICY CHAIRS Nick and Amanda Wilcox P.O. Box 892 Rough & Ready, CA 95975 (530) 432 -2171 CABrady@live.com C HAPT E RS: Antelope Valley Contra Costa County Long Beach Los Angeles Marro County Napa County Nevada .County Oakland /Alameda County Orange County Pomona Valley Sacramento Valley San Diego County San Fernando Valley San Francisco County San Joaquin County San Mateo County Santa Barbara County Santa Clara County Santa Cruz County Solano County Sonoma County South Bay Los Angeles rri- City /Alameda Co. Ventura County Yolo County The LIFE Act Lifesaving Intelligent Firearms Enforcement The California Chapters of the Brady Campaign to Prevent Gun Violence strongly support the LIFE Act. The package of bills will close loopholes in California's assault weapons law and reduce the proliferation of rapid -rate- of -fire weaponry, help keep firearms and ammunition out of dangerous hands, and foster responsible and informed gun ownership. SB 374 (Steinberg) - Assault Weapons Law Reform SB 374 simplifies and strengthens California's assault weapons law by prohibiting fiiture sale or transfer of semi - automatic centerfire rifles that can accept detachable magazines. This bill decisively closes loopholes by requiring semi - automatic centerfire rifles to have fixed magazines accepting ten or fewer rounds. A detachable magazine is the key military -style feature that enables the rapid reload and continuous fire of bullets that can kill many people very quickly. The bill requires owners of centerfire rifles with detachable magazines acquired after January 2001 to submit a Firearm Ownership Record to the Department of Justice (DOJ). These records will significantly increase the information in the Armed Prohibited Persons System program and enable DOJ to disarm potentially dangerous persons if they subsequently become prohibited from possessing firearms. Additionally, the records will assist law enforcement efforts to trace firearms and solve gum crime. SB 396 (Hancock) - Large Capacity Ammunition Magazines SB 396 prohibits the possession of large capacity ammunition magazines holding more than 10 rounds, regardless of the date the magazine was acquired. High capacity ammunition magazines can hold upwards of 100 rounds of ammunition and allow a shooter to rapidly fire without reloading. The ability to fire a large number of bullets in a short period of time escalates the number of victims and lethality in any shooting incident. California has prohibited the importation, manufacture and sale of large capacity ammunition magazines for over twelve years. Large capacity magazines possessed before year 2000 were "grandfathered ", but law enforcement is finding that it is difficult to prove when a large capacity magazine was acquired or whether the magazine was illegally purchased after the 2000 ban. Additionally, magazine repair kits, which contain parts to repair large capacity magazines, are legally purchased and later assembled into new large capacity magazines. Since the possession of large capacity magazines is currently permissible, this practice, which clearly evades the intent of the law, is legal. A ban on the possession of large capacity magazines will enable better enforcement of existing law. California Chapters of the Brady Campaign to Prevent Gun Violence ® www.bradycampaign.org /CA ® 7/15/13 SB 47 (Yee) — Assault Weapon Modifications SB 47 updates and strengthens California's assault weapons law by closing the loophole allowing for devices that enable the quick release and rapid reload of ammunition magazines. For example, the bullet button mechanism and magnet feature enable a shooter to quickly detach and replace the weapon's ammunition magazine. By exploiting the definition of detachable magazine, it is currently legal for weapons with these devices to have another military -style feature, such as a pistol grip, thumbhole stock, folding or telescoping stock, or forward pistol grip. In form and function, these weapons, which enable the rapid and accurate spray of bullets, are assault weapons, but are becoming widely marketed and sold in California. SB 47 closes this loophole by providing, in statute, a precise definition for fixed magazine. The bill also requires current lawful owners of assault weapons that do not have a fixed magazine to register their firearms. This will enable DOJ, through the state's Armed Prohibited Persons System program, to disarm potentially dangerous persons who have an assault weapon and subsequently become prohibited. SB 567 (Jackson) — Shotgun Definition SB 567 updates the definition of shotguns to close a loophole in California's assault weapons law. Among the weapons currently banned by the law are smooth bore shotguns capable of accepting a revolving ammunition cylinder. New weapons that possess a rifled bore but are otherwise identical to the banned shotguns are now being manufactured and are not specifically banned. These weapons allow many shots to be fired in a short period of time without reloading. SB 567 will update the definition of shotgun by specifying that the interior of the barrel may be either smooth or rifled. SB 53 (de Leon) — Ammunition Purchase Regulation SB 53 requires anyone wishing to purchase ammunition to first pass a complete background check and become authorized to purchase ammunition by DOJ. The bill requires that anyone selling ammunition must be licensed by DOJ and must submit information regarding any sale, including the buyer's identification, to DOJ. DOJ will be able to crosscheck persons who acquired ammunition with the Prohibited Armed Persons File to determine illegally armed people buying ammunition. The bill also amends current law regarding handgun ammunition sales to apply to all ammunition. SB 53 will enable the tracking of who is selling and buying ammunition and provide an investigative tool to law enforcement. The bill will help keep ammunition out of the hands of potentially dangerous people prohibited from possessing firearms and ammunition. SB 755 (Wolk) — Expanding Firearm Prohibitions SB 755 adds to the list of misdemeanor criminal offenses that carry a ten year prohibition to purchase or possess a firearm or ammunition. These include offenses related to firearms and ammunition; and being convicted of two or more drug or alcohol related offenses within a three year period. Also, any conviction for violation of a firearm prohibition will extend the prohibition for an additional ten years. SB 755 will help keep firearms out of the hands of people who have shown dangerous or risky conduct related to firearms, ammunition, or substance abuse by prohibiting their purchase of firearms. Such individual who already possess firearms could be identified and disarmed though the state's Aimed Prohibited Persons System program. SB 683 (Block) — Firearm Safety Certificates SB 683 expands the existing Handgun Safety Certificate program to all firearms and requires any person purchasing a firearm to hold a valid Firearm Safety Certificate. All firearm purchasers will be required to pass a written test and demonstrate that they know how to handle the firearm safely. SB 683 will ensure that all firearm purchasers — including those buying long guns — have knowledge of current firearm laws, ownership responsibilities, firearm storage, and prevention strategies.