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DOJ Firearms Division
SB 23 REGULATORY ACTION INITIAL
STATEMENT OF REASONS
- SECTION
978.10 Title and Scope
- SECTION
978.20 Definitions of Terms Used to Identify Assault Weapons
- SECTION
978.30 Requirements for Assault Weapon Registrations Pursuant
to Penal Code Section 12285
- SECTION
978.31 Fees
- SECTION
978.32 Processing Times
- SECTION
978.40 Requirements for Large Capacity Magazine Permits Pursuant
to Penal Code Section 12079
- SECTION
978.41 Processing Times
- SECTION
978.42 Term Length of Large Capacity Magazine Permits
- SECTION
978.43 Large Capacity Magazine Permit Record Keeping
- SECTION
978.44 Large Capacity Magazine Permit Revocations
Section
978.10 Title and Scope
Public
problem, administrative requirement, or other condition or circumstance
that the regulation is intended to address.
In 1989, the California Legislature declared that the proliferation
and use of assault weapons poses a threat to the health, safety,
and security of the citizens of this state. As a result of this
threat, the Legislature placed restrictions on the sale and
use of firearms specified as assault weapons and established
a registration requirement for the lawful possession of such
firearms. In 1999, the legislature passed Senate Bill 23 (Perata)
which expands the definition of assault weapons and requires
the Department of Justice (DOJ) to establish a registration
process for the possession of firearms that meet the new definition.
Senate Bill 23 also restricts the sale or transfer of large
capacity magazines and requires the Department to issue permits
for the import and export of large capacity magazines.
Specific purpose of the regulation.
The proposed regulation will denote the title and specify the scope
of the regulatory action.
Necessity.
Establishing
a title for the regulatory action and specifying the scope of
the regulations increase the general clarity of the regulatory
action for persons affected by the regulations.
Technical,
theoretical, and/or empirical study, reports, or documents.
The
Department did not rely upon any technical, theoretical, or
empirical studies, reports or documents in proposing the title
and scope of these regulations.
Alternatives
to the regulation considered by the agency and the agency's reasons
for rejecting those alternatives.
No
other alternatives were presented to or considered by the Department.
Alternatives
to the proposed regulatory action that would be as effective and
less burdensome to private persons.
The
Department finds that no alternatives it has considered would
be more effective in carrying out the purpose of the proposed
regulation or would be as effective and less burdensome to affected
private persons than the proposed regulation.
Alternatives
to the proposed regulatory action that would lessen any adverse
impact on small businesses.
The
Department finds that the proposed regulation would not have
any adverse impact on small businesses, thus no alternatives
were identified.
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Section
978.20 "Definitions of Terms Used to Identify Assault Weapons"
Public
problem, administrative requirement, or other condition or circumstance
that the regulation is intended to address.
Penal
Code section 12276.1 specifies characteristics that identify
a firearm as an assault weapon. The proposed regulation will
further define terms used in Penal Code section 12276.1 to describe
those characteristics.
Specific
purpose of the regulation.
The
proposed regulation will define the following six terms used
in the identification of assault weapons pursuant to Penal Code
section 12276.1: "detachable magazine"; "flash suppressor";
"forward pistol grip"; "permanently altered"; "pistol grip that
protrudes conspicuously beneath the action of the weapon"; and
"thumbhole stock."
Necessity.
Defining
the six terms is necessary to promote a clear understanding
of Penal Code section 12276.1. This understanding is crucial
for private citizens who own firearms that could be subject
to registration and also for firearms dealers who must be able
to identify firearms that will be subject to the statutory restrictions
on the sale and transfer of assault weapons.
Technical,
theoretical, and/or empirical study, reports, or documents.
The
Department relied on information from the following sources
when formulating the six definitions in the proposed regulation:
- Small
Arms Lexicon and concise Encyclopedia, Chester Mueller and
John Olson
- Dictionary
of Weapons and Military Terms, John Quick, Ph.D.
The
Department also considered the opinions of several firearms
industry experts who were on a Senate Bill 23 Implementation
Advisory Committee created by the Department. The minutes from
the advisory committee meetings are included in the rulemaking
file.
Alternatives
to the regulation considered by the agency and the agency's reasons
for rejecting those alternatives.
Although
no specific alternatives were formally presented to the Department,
several definitions were considered from the research material
referenced above. The Department determined the definitions
proposed most accurately reflect the legislative intent of Penal
Code section 12276.1.
Alternatives
to the proposed regulatory action that would be as effective and
less burdensome to private persons.
The
Department finds that no alternatives it has considered would
be more effective in carrying out the purpose of the proposed
regulation or would be as effective and less burdensome to affected
private persons than the proposed regulation.
Alternatives
to the proposed regulatory action that would lessen any adverse
impact on small businesses.
The
Department finds that the proposed regulation would not have
any adverse impact on small businesses, thus no alternatives
were identified. The proposed regulation merely defines certain
terms used in Penal Code section 12276.1 to promote a more clear
understanding of the statute. Any potential adverse impact that
may result from restrictions placed on assault weapons are a
result of the statute and not the regulation.
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Section
978.30 "Requirements for Assault Weapon Registrations Pursuant
to Penal Code Section 12285"
Public
problem, administrative requirement, or other condition or circumstance
that the regulation is intended to address.
Penal
Code section 12285 requires persons who lawfully possessed an
assault weapon prior to the date it was defined as an assault
weapon, to register the firearm with the Department of Justice.
The statute requires the Department to establish procedures
relative to assault weapon registrations.
Specific
purpose of the regulation.
The
proposed regulation will specify the information required on
assault weapon registration applications. The regulation also
provides the option of joint registration for assault weapons
owned by family members residing in the same household as required
pursuant to Penal Code section 12285(e).
Necessity.
The
registrant information required (name, date of birth, height,
weight, etc.) is necessary for the Department to confirm an
applicant is not prohibited from possessing firearms. The thumb
print requirement is expressly mandated pursuant to Penal Code
section 12285(a).
The
assault weapon information required (make, model, serial number,
date of acquisition, etc.) is necessary for the firearm to be
uniquely identified and establish that the firearm qualifies
for registration based on the date and manner of acquisition.
Technical,
theoretical, and/or empirical study, reports, or documents.
The
primary empirical source relied upon was the knowledge and experience
the Department gained from having implemented a similar registration
program pursuant to the original Roberti-Roos Assault Weapons
Control Act of 1989 (Penal Code chapter 2.3 commencing with
section 12275.)
Alternatives
to the regulation considered by the agency and the agency's reasons
for rejecting those alternatives.
No
other alternatives were presented to or considered by the Department
as the regulation requires applicants to provide the minimum
information needed to confirm that the applicant and their assault
weapon meet the statutory qualifications for registration.
Alternatives
to the proposed regulatory action that would be as effective and
less burdensome to private persons.
The
Department finds that no alternatives it has considered would
be more effective in carrying out the purpose of the proposed
regulation or would be as effective and less burdensome to affected
private persons than the proposed regulation.
Alternatives
to the proposed regulatory action that would lessen any adverse
impact on small businesses.
The
Department finds that the proposed regulation would not have
any adverse impact on small businesses, thus no alternatives
were identified.
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Section
978.31 "Fees"
Public
problem, administrative requirement, or other condition or circumstance
that the regulation is intended to address.
Penal
Code section 12285(a) authorizes the Department to assess assault
weapon registration fees up to $20 but the statute does not
specify the exact fee amounts.
Specific
purpose of the regulation.
The
proposed regulation will establish the assault weapon registration
fee as $20 per registrant.
Necessity.
Pursuant
to Penal Code section 12285, the costs incurred by the Department
for processing assault weapon registrations shall be reimbursed
by registration fees which may not exceed $20.
These
regulations will establish the fee as $20 for assault weapon
registration. Revenues in the amount of $2,000,000 are projected
(based upon approximately 100,000 assault weapon registrants).
The $20 fee is necessary to help offset the Department's actual
projected expenditures of $2,246,000, for the registration program
development and administration. The costs include personnel
(salaries, benefits, etc.), data base development, and a mandated
public notification program. Detailed expenditure information
is provided with the Fiscal Impact Statement (Std.399) that
is included in the rulemaking file of this regulatory action.
Technical,
theoretical, and/or empirical study, reports, or documents.
The
primary empirical source relied upon was the knowledge and experience
the Department gained from having implemented a similar registration
program pursuant to the original Roberti-Roos Assault Weapons
Control Act of 1989 (Penal Code chapter 2.3 commencing with
section 12275.)
Alternatives
to the regulation considered by the agency and the agency's reasons
for rejecting those alternatives.
Alternative
fee amounts considered by the Department were rejected because
even the maximum fee of $20 authorized pursuant to Penal Code
section 12285 will not generate revenue sufficient to cover
all of the Department's costs relative to assault weapon registration.
Alternatives
to the proposed regulatory action that would be as effective and
less burdensome to private persons.
The
Department finds that no alternatives it has considered would
be as effective and less burdensome to affected private persons
than the proposed regulation. Because the statute mandates that
the Department's costs be offset through registration fees,
the fiscal impact is unavoidable.
Alternatives
to the proposed regulatory action that would lessen any adverse
impact on small businesses.
The
Department finds that the proposed regulation would not have
any adverse impact on small businesses, thus no alternatives
were identified.
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Section
978.32 "Processing Times"
Public
problem, administrative requirement, or other condition or circumstance
that the regulation is intended to address.
Pursuant
to Government Code section 15376 the Department must specify
time standards for processing assault weapon registration applications.
Specific
purpose of the regulations.
The
proposed regulation will specify the time period in which the
Department must inform an applicant that their application is
either complete or deficient. This proposed regulation will
also specify the time period in which the Department must complete
processing of the application and establish an applicant's recourse
if the Department fails to do so.
Necessity.
This
regulation is required pursuant to Government Code sections
15376 and 15378.
Technical,
theoretical, and/or empirical study, reports, or documents
The
primary empirical source relied upon was the knowledge and experience
the Department gained from having implemented a similar registration
program pursuant to the original Roberti-Roos Assault Weapons
Control Act of 1989 (Penal Code chapter 2.3 commencing with
section 12275.)
Alternatives
to the regulation considered by the agency and the agency's reasons
for rejecting those alternatives.
No
other alternatives were presented to or considered by the Department.
Alternatives
to the proposed regulatory action that would be as effective and
less burdensome to private persons.
The
Department finds that no alternatives it has considered would
be more effective in carrying out the purpose of the proposed
regulation or would be as effective and less burdensome to affected
private persons than the proposed regulation.
Alternatives
to the proposed regulatory action that would lessen any adverse
impact on small businesses.
The
Department finds no alternatives that would lessen any adverse
impact on small businesses.
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Section
978.40 "Requirements for Large Capacity Magazine Permits
Pursuant to Penal Code Section 12079"
Public
problem, administrative requirement, or other condition or circumstance
that the regulation is intended to address.
Pursuant
to Penal Code section 12020(b)(26), a permit issued by the Department
of Justice is required for the importation and exportation of
large capacity magazines. Penal Code section 12079 authorizes
the Department to establish procedures relative to large capacity
magazine permits.
Specific
purpose of the regulation.
The
proposed regulation will specify the criteria for establishing
"good cause" for issuance of a permit and also specify the information
required on large capacity permit applications.
Necessity.
The
proposed regulation will require a statement from permit applicants
that a large capacity magazine marketplace exists for their
dealership as evidence of "good cause" for issuance of a permit.
Additionally, compliance with all firearms laws and regulations
related to large capacity magazines is necessary to help ensure
that issuance of the permit will not endanger the public safety.
The information required on permit applications (including the
firearms dealership name, dealership number (CFD), and a statement
that a marketplace exists for their dealership) is necessary
to confirm applicants qualify for issuance of a large capacity
magazine permit.
Technical,
theoretical, and/or empirical study, reports, or documents.
The
primary empirical source relied upon was the knowledge and experience
the Department gained from having previously implemented programs
for various permits and licenses related to firearms.
Alternatives
to the regulation considered by the agency and the agency's reasons
for rejecting those alternatives.
No
other alternatives were presented to or considered by the Department
as the regulation requires applicants to provide the minimum
information needed to confirm that the applicant meets the statutory
qualifications for a large capacity magazine permit.
Alternatives
to the proposed regulatory action that would be as effective and
less burdensome to private persons.
The
Department finds that no alternatives it has considered would
be more effective in carrying out the purpose of the proposed
regulation or would be as effective and less burdensome to affected
private persons than the proposed regulation.
Alternatives
to the proposed regulatory action that would lessen any adverse
impact on small businesses.
The
Department finds that the proposed regulation would not have
any adverse impact on small businesses, thus no alternatives
were identified.
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Section
978.41 "Processing Times"
Public
problem, administrative requirement, or other condition or circumstance
that the regulation is intended to address.
Pursuant
to Government Code section 15376 the Department must specify
time standards for processing large capacity magazine permit
applications.
Specific
purpose of the regulations.
The
proposed regulation will specify the time period in which the
Department must inform an applicant that their application is
either complete or deficient. This proposed regulation will
also specify the time period in which the Department must complete
processing of the application and establish an applicant's recourse
if the Department fails to do so.
Necessity.
This
regulation is required pursuant to Government Code sections
15376 and 15378.
Technical,
theoretical, and/or empirical study, reports, or documents
The
primary empirical source relied upon was the knowledge and experience
the Department gained from having previously implemented programs
for various permits and licenses related to firearms.
Alternatives
to the regulation considered by the agency and the agency's reasons
for rejecting those alternatives.
No
other alternatives were presented to or considered by the Department.
Alternatives
to the proposed regulatory action that would be as effective and
less burdensome to private persons.
The
Department finds that no alternatives it has considered would
be more effective in carrying out the purpose of the proposed
regulation or would be as effective and less burdensome to affected
private persons than the proposed regulation.
Alternatives
to the proposed regulatory action that would lessen any adverse
impact on small businesses.
The
Department finds that the proposed regulation would not have
any adverse impact on small businesses, thus no alternatives
were identified.
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Section
978.42 "Term Length of Large Capacity Magazine Permits"
Public
problem, administrative requirement, or other condition or circumstance
that the regulation is intended to address.
Penal
Code section 12079 authorizes the Department to issue large
capacity magazine permits but does not define the term length
for the permits.
Specific
purpose of the regulation.
The
proposed regulation will define the term length for large capacity
magazine permits and also state that a permit will be revoked
if the permittee fails to maintain active status on the DOJ
Centralized List of Firearms Dealers.
Necessity.
Establishing
a one year term (renewable January 1st of each year) for large
capacity magazine permits is consistent with the one year term
(also renewable January 1st of each year) for placement on the
Centralized List of Firearms dealers. Thus, permittees will
be able to renew their large capacity magazine permit and Centralized
List placement at the same time.
Technical,
theoretical, and/or empirical study, reports, or documents
The
primary empirical source relied upon was the knowledge and experience
the Department gained from having previously implemented programs
for various permits and licenses related to firearms.
Alternatives
to the regulation considered by the agency and the agency's reasons
for rejecting those alternatives.
The
Department considered an indefinite term length or a length
of two or three years. The primary reason for rejecting these
alternatives pertains to the statutory requirement that large
capacity magazine permittees to be on the Centralized List of
Firearms Dealers. Because the term length for placement on the
Centralized List is one year, a large capacity magazine permit
term length of more than one year would create situations where
a person could be in possession of a current permit despite
being ineligible because he or she is no longer on the Centralized
List of Firearms Dealers.
Alternatives
to the proposed regulatory action that would be as effective and
less burdensome to private persons.
The
Department finds that no alternatives it has considered would
be more effective in carrying out the purpose of the proposed
regulation or would be as effective and less burdensome to affected
private persons than the proposed regulation.
Alternatives
to the proposed regulatory action that would lessen any adverse
impact on small businesses.
The
Department finds that the proposed regulation would not have
any adverse impact on small businesses, thus no alternatives
were identified.
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Section
978.43 "Large Capacity Magazine Permit Record Keeping"
Public
problem, administrative requirement, or other condition or circumstance
that the regulation is intended to address.
Penal
Code section 12079 authorizes the Department to issue large
capacity magazine permits if the Department determines good
cause exists for such issuance.
Specific
purpose of the regulation.
The
proposed regulation will specify the record keeping requirements
for large capacity magazine permittees.
Necessity.
The
minimal record keeping requirements established in the proposed
regulation are necessary to confirm that the permittee complies
with statutory restrictions regarding large capacity magazine
transactions. Compliance with record keeping requirements is
one of the elements that establishes "good cause" for the permit.
Technical,
theoretical, and/or empirical study, reports, or documents.
The
primary empirical source relied upon was the knowledge and experience
the Department gained from having previously implemented programs
for various permits and licenses related to firearms.
Alternatives
to the regulation considered by the agency and the agency's reasons
for rejecting those alternatives.
No
other alternatives were presented to or considered by the Department.
Alternatives
to the proposed regulatory action that would be as effective and
less burdensome to private persons.
The
Department finds that no alternatives it has considered would
be more effective in carrying out the purpose of the proposed
regulation or would be as effective and less burdensome to affected
private persons than the proposed regulation.
Alternatives
to the proposed regulatory action that would lessen any adverse
impact on small businesses.
The
Department finds that the proposed regulation would not have
any adverse impact on small businesses, thus no alternatives
were identified. The regulation requires only minimal record
keeping.
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Section
978.44 "Large Capacity Magazine Permit Revocations"
Public
problem, administrative requirement, or other condition or circumstance
that the regulation is intended to address.
Penal
Code section 12079 authorizes the Department to issue large
capacity magazine permits if the Department determines good
cause exists for such issuance.
Specific
purpose of the regulation.
The
proposed regulation will specify that a large capacity magazine
permit will be subject to revocation for failure to comply with
record keeping requirements or for failure to comply with firearms
laws relative to large capacity magazines. This regulation will
also establish that all procedures and hearings related to the
revocation of a large capacity magazine permit shall be conducted
in accordance with Chapter 5 (commencing with section 11500)
of Part 1 of Division 3, of Title 2, of the Government Code.
Necessity.
Compliance
with record keeping requirements and with firearms laws are
the criteria necessary to establish that "good cause" for
the permit. This is also necessary to help ensure that issuance
of the permit will not endanger the public safety. Use of
the administrative hearing procedures set forth in the Government
Code will ensure that the process is fair and equitable.
Technical,
theoretical, and/or empirical study, reports, or documents.
The
primary empirical source relied upon was the knowledge and
experience the Department gained from having previously implemented
programs for various permits and licenses related to firearms.
Alternatives
to the regulation considered by the agency and the agency's
reasons for rejecting those alternatives.
No
other alternatives were presented to or considered by the
Department.
Alternatives
to the proposed regulatory action that would be as effective
and less burdensome to private persons.
The
Department finds that no alternatives it has considered would
be more effective in carrying out the purpose of the proposed
regulation or would be as effective and less burdensome to
affected private persons than the proposed regulation.
Alternatives
to the proposed regulatory action that would lessen any adverse
impact on small businesses.
The
Department finds that the proposed regulation would not have
any adverse impact on small businesses, thus no alternatives
were identified. Only non-compliant permittees will be subject
to possible permit revocation.
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