Politics & Guns

Tracking California firearms legislation

By Chris Keller | Updated July 2, 2016

UPDATE: This post has been updated to clarify legislation signed Friday, July 1, 2016 did not take effect that day, and that firearms manufacturers created the "bullet button" to comply with California law.

The so-called "bullet button loophole" in the state's assault-weapon ban will close, the state will regulate sales of ammunition and owners of magazines that can hold more than 10 rounds of ammunition must sell them or turn them into the state.

These gun restrictions are contained in legislation signed Friday by California Gov. Jerry Brown. In all, the Democratic governor signed six of the 11 gun-related bills that landed on his desk the day before following a series of votes in the State Senate and Assembly.

The signings make California's already strict gun laws more so, and follow last year's terrorist attack in San Bernardino.

In a statement, Brown said signing the legislation will "enhance public safety by tightening our existing laws in a responsible & focused manner while protecting the rights of law-abiding gun owners."

AB 1135 and SB 880 close the "bullet button loophole." The loophole refers to the sale of "California legal" firearms that don't fall under California's ban of guns with detachable magazines. To comply with the law, manufacturers created versions of firearms that feature a button that can be pushed with a small tool — for instance the tip of a bullet — to release an empty magazine and insert a new one.

This isn't the first time Brown has faced a decision to ban firearms with a bullet button. In October 2013 he vetoed similar legislation saying it was too far-reaching.

Under SB 1235 anyone purchasing ammunition would be subject to a driver's license check, which would then be sent to the Department of Justice after the purchase.

Capitol Public Radio's Ben Adler reports this bill would take precedence should a gun control initiative on the November ballot be approved by voters.

Reports Adler:

The bill has also exposed tension between its author, Senate Leader Kevin de León and Lt. Governor Gavin Newsom, who are both Democrats. Newsom has qualified a gun control initiative for the November ballot, which would regulate ammunition sales, as well as adopting similar provisions to other bills voted on Thursday. De León had asked Newsom to hold the initiative off the ballot, if the bills pass, while Newsom has refused.

The two measures address background checks differently. The Newsom initiative would require buyers to obtain permits, similar to firearms permits, while De León’s bill would require a driver’s license check, which is then sent to the Department of Justice after the purchase.

Legislators established the "assault weapon" as a new classification of firearm in 1989. Following a court challenge in 2000, the law was upheld. Gun owners could keep their assault weapons provided they registered with the state before Jan. 23, 2001.

Below is an overview of the actions Brown took related to firearms legislation.

Signed

As of July 1, 2016

Requires a background check for the purchase of ammunition. Purchase would would be entered into a database. Those who sell ammunition would be licensed.

Sponsors:

  • Kevin De León, Democratic Senator from District 24

Signed

As of July 1, 2016

Makes it illegal for a person to possess a magazine that holds more than ten rounds. Owners of magazines that hold more than ten rounds would have to sell them out of state or to licensed firearms dealers, turn them over to police or destroy them within a year.

Sponsors:

  • Loni Hancock, Democratic Senator from District 9

Signed

As of July 1, 2016

Closes the bullet button loophole by expanding the definition of "assault weapon" to include semi-automatic rifles with magazines easily detachable by using a tool to press a "bullet button".

Sponsors:

  • Isadore Hall, Democratic Senator from District 35
  • Steven M. Glazer, Democratic Senator from District 7

Signed

As of July 1, 2016

Closes the bullet button loophole by expanding the definition of "assault weapon" to include semi-automatic rifles with magazines easily detachable by using a tool to press a "bullet button".

Sponsors:

  • Marc Levine, Democratic Representative from District 10
  • Philip Y. Ting, Democratic Representative from District 19
  • David Chiu, Democratic Representative from District 17

Signed

As of July 1, 2016

Creates restrictions when it comes to lending someone a firearm who is not an immediate relative or domestic partner.

Sponsors:

  • Miguel Santiago, Democratic Representative from District 53
  • David Chiu, Democratic Representative from District 17

Signed

As of July 1, 2016

Makes it a misdemeanor to falsely report a gun as stolen, and bans the person making the reports from buying another firearm for ten years.

Sponsors:

  • Rob Bonta, Democratic Representative from District 18

X

Vetoed

As of July 1, 2016

Limits rifle purchases in California to no more than one each month, similar to an existing law for handguns. Private sales or transfers of handguns do not count against the one per month limit. The are exceptions for purchases at charity auctions or when the previous owner has died.

Sponsors:

  • Miguel Santiago, Democratic Representative from District 53

X

Vetoed

As of July 1, 2016

Defines the body of a firearm as a firearm, and would thus require the same steps as purchasing a completed gun. The frame would have to have a registration number and a background check would be required to purchase.

Sponsors:

  • Mike A. Gipson, Democratic Representative from District 64

X

Vetoed

As of July 1, 2016

Adds co-workers to those who can ask a court for a restraining order that prevents a person from owning a gun.

Sponsors:

  • Philip Y. Ting, Democratic Representative from District 19

X

Vetoed

As of July 1, 2016

Requires gun owners to report theft or loss of a firearm to a local law enforcement agency within five days.

Sponsors:

  • Hannah-Beth Jackson, Democratic Senator from District 19

X

Vetoed

As of July 1, 2016

Makes theft of a gun a felony and would need to be approved by voters on the Nov. 8 statewide ballot. Purchase of a stolen firearm could be charged as a misdemeanor or a felony.

Sponsors:

  • Jim Cooper, Democratic Representative from District 9
  • Adam C. Gray, Democratic Representative from District 21
  • Melissa A. Melendez, Republican Representative from District 67