California Style Gun Control:
IT WILL HAPPEN HERE IF YOU LET IT!!!
GET INVOLVED NOW!!!
URGE YOUR STATE SENATOR TO VOTE NO ON SB-43
It was July 18, 1984 and things were going pretty well for California gun owners. Less than two years earlier, California voters resoundingly defeated Proposition 15, a de facto handgun ban which proposed a freeze on further importation or transfer of handguns in the state of California. For those in the RKBA (Right to Keep and Bear Arms) movement in California, things took a disastrous turn for the worse on that summer day in 1984. James Huberty, a former security guard who had recently moved with his wife and family from Canton Ohio, walked into a McDonalds in San Ysidro, California and proceeded to open fire and murder 21 restaurant patrons. The primary weapon used in the shooting was a semi automatic Uzi carbine.
The media, certainly no strangers to hyperbole made much of the fact Huberty used a “weapon of war” to commit his heinous acts of murder. The word “Uzi” became the new buzzword for the gun grabbers. “Why would anyone need an Uzi?” the talking heads wailed. The term “assault weapon” started to appear on the evening news with increasing frequency.
All of this was enough to send any good liberal into a sweat and heart palpitations. Those evil assault weapons must be stopped before they indiscriminately kill again! But what to do? Conservative Republican Governor George Deukmejian had recently been elected and wasn’t likely to cater to the gun grabbers. Any legislation proposed by Democrats in the state legislature would surely be defeated or vetoed by the governor.
The liberals got the opportunity they wanted on January 17, 1989. Patrick Purdy a 26 year old drifter from Stockton, CA parked his Chevy station wagon in front of the Cleveland Elementary School. Purdy then got out holding a semi automatic Chinese AK-47, lit his car on fire and walked the school grounds firing 106 rounds and killing five children.
The die was cast and law abiding gun owners in California would be facing an uphill battle from that point on. The second of two high profile mass murders in which an “assault weapon” was involved seemed to be the tipping point at which even many of the moderate politicians could no longer resist the pressure of the anti-gunners. Because of the school yard massacre now it really was for the children!
First was the Roberti-Roos Act of 1989 named after two of the California Legislature’s more infamous gun grabbers. This legislation effectively banned most of the available semi-automatic military type weapons being sold in California at the time. The Roberti-Roos legislation focused on banning weapons specifically by name. Below are the basic meat and potatoes of the Roberti-Roos Act:
§ 12275. Short title
This chapter shall be known as the Roberti-Roos Assault Weapons Control Act of 1989.
(Added by Stats.1989, c. 19, § 3.)
§ 12275.5. Legislative findings and declarations
The Legislature hereby finds and declares that the proliferation and use of assault weapons poses a threat to the health, safety, and security of all citizens of this state. The Legislature has restricted the assault weapons specified in Section 12276 based upon finding that each firearm has such a high rate of fire and capacity for firepower that its function as a legitimate sports or recreational firearm is substantially outweighed by the danger that it can be used to kill and injure human beings. It is the intent of the Legislature in enacting this chapter to place restrictions on the use of assault weapons and to establish a registration and permit procedure for their lawful sale and possession. It is not, however, the intent of the Legislature by this chapter to place restrictions on the use of those weapons which are primarily designed and intended for hunting, target practice, or other legitimate sports or recreational activities.
(Added by Stats.1989, c. 19, § 3.)
§ 12276. Assault weapon
As used in this chapter, "assault weapon" shall mean the following designated semiautomatic firearms:
(a) All of the following specified rifles:
(1) All AK series including, but not limited to, the models identified as follows:
(A) Made in China AK, AKM, AKS, AK47, AK47S, 56, 56S, 84S, and 86S.
(B) Norinco 56, 56S, 84S, and 86S.
(C) Poly Technologies AKS and AK47.
(D) MAADI AK47 and ARM.
(2) UZI and Galil.
(3) Beretta AR-70.
(4) CETME Sporter.
(5) Colt AR-15 series.
(6) Daewoo K-1, K-2, Max 1, Max 2, AR 100, and AR 110C.
(7) Fabrique Nationale FAL, LAR, FNC, 308 Match, and Sporter.
(8) MAS 223.
(9) HK-91, HK-93, HK-94, and HK-PSG-1.
(10) The following MAC types:
(A) RPB Industries Inc. sM10 and sM11.
(B) SWD Incorporated M11.
(11) SKS with detachable magazine.
(12) SIG AMT, PE-57, SG 550, and SG 551.
(13) Springfield Armory BM59 and SAR-48.
(14) Sterling MK-6.
(15) Steyer AUG.
(16) Valmet M62S, M71S, and M78S.
(17) Armalite AR-180.
(18) Bushmaster Assault Rifle.
(19) Calico M-900.
(20) J&R ENG M-68.
(21) Weaver Arms Nighthawk.
(b) All of the following specified pistols:
(1) UZI.
(2) Encom MP-9 and MP-45.
(3) The following MAC types:
(A) RPB Industries Inc. sM10 and sM11.
(B) SWD Incorporated M-11.
(C) Advance Armament Inc. M-11.
(D) Military Armament Corp. Ingram M-11.
(4) Intratec TEC-9.
(5) Sites Spectre.
(6) Sterling MK-7.
(7) Calico M-950.
(8) Bushmaster Pistol.
(c) All of the following specified shotguns:
(1) Franchi SPAS 12 and LAW 12.
(2) Striker 12.
(3) The Streetsweeper type S/S Inc. SS/12.
(d) Any firearm declared by the court pursuant to Section 12276.5 to be an assault weapon that is specified as an assault weapon in a list promulgated pursuant to Section 12276.5.
(e) The term "series" includes all other models that are only variations, with minor differences, of those models listed in subdivision (a), regardless of the manufacturer.
(f) This section is declaratory of existing law, as amended, and a clarification of the law and the Legislature's intent which bans the weapons enumerated in this section, the weapons included in the list promulgated by the Attorney General pursuant to Section 12276.5, and any other models which are only variations of those weapons with minor differences, regardless of the manufacturer. The Legislature has defined assault weapons as the types, series, and models listed in this section because it was the most effective way to identify and restrict a specific class of semiautomatic weapons.
(Added by Stats.1989, c. 19, § 3. Amended by Stats.1991, c. 954 (S.B.263), § 2.)
(Amended by Stats.1992, c. 427 (A.B.3355), § 134; Stats.1993, c. 606 (A.B.166), § 19 eff. Oct. 1, 1993.)
§ 12276.1. Assault weapon; further definition
(a) Notwithstanding Section 12276, "assault weapon" shall also mean any of the following:
(1) A semiautomatic, centerfire rifle that has the capacity to accept a detachable magazine and any one of the following:
(A) A pistol grip that protrudes conspicuously beneath the action of the weapon.
(B) A thumbhole stock.
(C) A folding or telescoping stock.
(D) A grenade launcher or flare launcher.
(E) A flash suppressor.
(F) A forward pistol grip.
(2) A semiautomatic, centerfire rifle that has a fixed magazine with the capacity to accept more than 10 rounds.
(3) A semiautomatic, centerfire rifle that has an overall length of less than 30 inches.
(4) A semiautomatic pistol that has the capacity to accept a detachable magazine and any one of the following:
(A) A threaded barrel, capable of accepting a flash suppressor, forward handgrip, or silencer.
(B) A second handgrip.
(C) A shroud that is attached to, or partially or completely encircles, the barrel that allows the bearer to fire the weapon without burning his or her hand, except a slide that encloses the barrel.
(D) The capacity to accept a detachable magazine at some location outside of the pistol grip.
(5) A semiautomatic pistol with a fixed magazine that has the capacity to accept more than 10 rounds.
(6) A semiautomatic shotgun that has both of the following:
(A) A folding or telescoping stock.
(B) A pistol grip that protrudes conspicuously beneath the action of the weapon, thumbhole stock, or vertical handgrip.
(7) A semiautomatic shotgun that has the ability to accept a detachable magazine.
(8) Any shotgun with a revolving cylinder.
(b) "Assault weapon" does not include any antique firearm.
(c) The following definitions shall apply under this section:
(1) "Magazine" shall mean any ammunition feeding device.
(2) "Capacity to accept more than 10 rounds" shall mean capable of accommodating more than 10 rounds, but shall not be construed to include a feeding device that has been permanently altered so that it cannot accommodate more than 10 rounds.
(3) "Antique firearm" means any firearm manufactured prior to January 1, 1899.
(d) This section shall become operative January 1, 2000.
(Added by Stats.1999, c. 129 (S.B.23), § 7, operative Jan. 1, 2000.)
Fast forward to 1999. The Roberti-Roos act had passed the 10 year mark. Initially things were extremely bleak in California. There were lots of empty shelves after the ban which were previously occupied by ARs, AKs, and other assorted goodness. However, over time it became clear that all was not lost.
Due to the federally imposed 1994 “Crime Bill” many clone manufacturers took root and began producing clones of the weapons banned by the Clinton Crime Bill. The clone manufactures were also a boon to California gun owners, who had been under the thumb of Roberti-Roos for years. For example, while the Colt AR-15 was banned by name, Colt quickly introduced the “Colt Sporter” which was basically the same rifle minus bayonet lug to make it look more friendly to the gun grabbers. You couldn’t buy an AK-47 but you could buy a Chinese MAK-90 which was your basic AK but with a thumbhole stock, etc.
Unfortunately it did not go unnoticed by the gun grabbers in Sacramento that Californians were still able to go into gun stores all over the state and buy a clone version of a banned weapon. Clones of the banned weapons were filling shelves at gun stores and it started to look more and more like the “good old days”. Well the liberals weren’t about to stand for that!
In 1999 the dreaded SB-23 legislation was passed by the California State Legislature. The political climate in California had unfortunately for a variety of reasons swung increasingly to the left. SB-23 took a different approach. Rather than designating weapons by name as Roberti-Roos had done, SB-23 took the more insidious approach of designating rifles to be assault weapons by virtue of feature.
Below is the essential portion of the text of the SB-23 legislation as listed on the website of the California Attorney General’s Office:
Effective January 1, 2000, Senate Bill 23, Statutes of 1999, establishes new criteria for defining assault weapons based on generic characteristics. This bill allows and requires persons who own/possess firearms that fall under the new "assault weapon" definition to register those firearms with the Department of Justice during the one-year period between January 1, 2000 and December 31, 2000. Effective January 1, 2000, this bill adds Penal Code Section 12276.1 to the Penal Code as follows.
• 12276.1 (a) Notwithstanding Section 12276, "assault weapon" shall also mean any of the following:
1. A semiautomatic, centerfire rifle that has the capacity to accept a detachable magazine and any one of the following:
A. A pistol grip that protrudes conspicuously beneath the action of the weapon.
B. A thumbhole stock.
C. A folding or telescoping stock.
D. A grenade launcher or flare launcher.
E. A flash suppressor.
F. A forward pistol grip.
2. A semiautomatic, centerfire rifle that has a fixed magazine with the capacity to accept more than 10 rounds.
3. A semiautomatic, centerfire rifle that has an overall length of less than 30 inches.
4. A semiautomatic pistol that has the capacity to accept a detachable magazine and any one of the following:
A. A threaded barrel, capable of accepting a flash suppressor, forward handgrip, or silencer.
B. (B) A second handgrip.
C. A shroud that is attached to, or partially or completely encircles, the barrel that allows the bearer to fire the weapon without burning his or her hand, except a slide that encloses the barrel.
D. The capacity to accept a detachable magazine at some location outside of the pistol grip.
5. A semiautomatic pistol with a fixed magazine that has the capacity to accept more than 10 rounds.
6. A semiautomatic shotgun that has both of the following:
A. A folding or telescoping stock.
B. A pistol grip that protrudes conspicuously beneath the action of the weapon, thumbhole stock, or vertical handgrip.
7. A semiautomatic shotgun that has the ability to accept a detachable magazine.
8. Any shotgun with a revolving cylinder.
A. "Assault weapon" does not include any antique firearm.
B. The following definitions shall apply under this section:
1. "Magazine" shall mean any ammunition feeding device.
2. "Capacity to accept more than 10 rounds" shall mean capable of accommodating more than 10 rounds, but shall not be construed to include a feeding device that has been permanently altered so that it cannot accommodate more than 10 rounds.
3. "Antique firearm" means any firearm manufactured prior to January 1, 1899.
C. This section shall become operative January 1, 2000.
SB-23 was devastating for California’s gun owners, and basically sunk the whole world for military derived firearms in California. Liberal California Governor Gray “Red” Davis, had been elected and there was zero chance that the legislation would be vetoed. California gun owners had been unjustly and unceremoniously stripped of their Constitutional rights strictly for political grandstanding by corrupt leaders that wished only to pander to their rabidly liberal constituents.
Initially California DOJ was “gracious” enough to allow each Californian to register as many assault weapons as they wished for the price of $20. The MAJORITY of California AW owners were legislated into felons when the registration period expired in the first quarter of 2000. All this for something that was purchased legally several years before!
The sad fact is that California DOJ did next to nothing to get the word out to gun owners that SB-23 was now law and that you must register. Unless you were very active in the shooting community, frequented the internet, or shot often at the local range and picked up some scuttlebutt, the majority of people had no idea they were now committing a felony!
You, a Maryland gun owner may say “who cares about California?” I would answer that it’s in your best interest to care, because what has been tried and implemented in California is now coming to Maryland courtesy of SB-43 if you don’t get involved NOW and stop it. The proposed SB-43 essentially mirrors California SB-23 by designating weapons as illegal assault weapons by feature set.
Below is the proposed SB-43 legislation which will be soon be slated for hearings in the Maryland State Senate:
http://mlis.state.md.us/2007RS/billfile/sb0043.htm
As noted by others, be sure and thank the senators who haven't lent their names to this piece of crap.
Good start guys, let's keep the heat on!