Gov Signs Host of Unconstitutional Bills: Now What?
Last week the Legislature rammed through the most comprehensive package of anti-gun bills in California history, and to reemphasize the scope of this 2nd Amendment hit, Governor Brown “cut the Constitution off at the knees and kicked us between the legs…”
Painful? Yes – but fatal? Absolutely not. We are evaluating, strategizing and moving forward because yes – there is work to be done and action to be taken. With the swift exploits of both the Legislature and the Governor, the full fallout remains to be seen, but we want YOU to know WHAT passed, WHEN the bills become effective and HOW it will impact your life as a gun owner.
To complicate matters, the Newsom Initiative will appear on the November ballot, even though several of the bills signed by Governor Brown fulfill the initiative’s chief components. While it is technically no longer necessary, Newsom still plans to move forward, having ignored the deadline to have the language pulled from the ballot. We will be following this closely and update you often.
SB 1235 (De Leon)
This is the most complex of the bills that were signed by the Governor. It will supersede the chief components of Proposition 63, the so-called “Safety for All” initiative by Lt. Governor Gavin Newsom which is set to be on the November ballot – whether enacted by the voters or not. The bill does the following:
- Unless otherwise noted, the provisions of SB 1235 become effective January 1, 2019.
- It allows ammunition to be sold only to a person whose information matches an entry in the Automated Firearms System and who is eligible to possess ammunition, to a person who has a current certificate of eligibility issued by the department, or to a person who purchases or transfers the ammunition in a single ammunition transaction.
- Requires the Attorney General to maintain information about ammunition transactions and ammunition vendor licenses. The bill would similarly authorize agencies, officials, and officers to disseminate the name of a person and any ammunition purchases by that person if the subject has been arraigned, is being prosecuted, or is serving a sentence for domestic violence or is the subject of certain protective orders.
- Beginning January 1, 2018, only a licensed ammunition vendor may sell ammunition.
- Revise the definition of “ammunition” to mean a primer case, propellant and projectile.
- Directs the CA DOJ to use the Prohibited Armed Persons File to cross-reference those who attempt to acquire ammunition, to determine if those persons are prohibited from possessing ammunition.
- Makes it a crime for a person, corporation, firm, or other business enterprise to provide ammunition to an individual that they know or have cause to believe is not the actual purchaser or transferee of the ammunition or knows or has cause to believe that the ammunition is to be sold or transferred to a person prohibited from possessing or owning ammunition.
- Requires that when neither party to the ammunition transaction (sale, purchase or gift) is an ammunition dealer, the transaction must be conducted by an ammunition dealer.
- Requires a resident bringing ammunition into the state to have the ammunition delivered to an ammunition dealer for delivery. A violation of these provisions will be a crime.
- Transactions of any ammunition, commencing on July 1, 2019, require the ammunition vendor to submit that information to the Department of Justice.
- Requires CA DOJ to retain the information for 2 years in a database to be known as the Ammunition Purchase Records File.
- Requires, beginning July 1, 2019, the purchaser of ammunition to be authorized to purchase ammunition by the department.
- Requires CA DOJ to cross-reference the Prohibited Armed Persons File and the Automated Firearms System.
- Requires, beginning July 1, 2019, that only persons listed in the Automated Firearms System, or who purchase a one-time ammunition transaction license from the department, would be able to purchase ammunition. A violation of these provisions will be a crime.
- Requires the ammunition vendor to conduct business at the location specified in the license, except in the case of gun shows or events.
- The bill would require ammunition sales at a gun show or event to comply with certain requirements pertaining to ammunition transfers and recordkeeping, the violation of which is a crime.
AB 1135 (Levine) and SB 880 (Hall)
- These bills change the definition of an “assault weapon” to include any semiautomatic centerfire rifle that DOES NOT have a fixed magazine, and DOES have one (or more) of these attributes: a pistol grip that protrudes conspicuously beneath the action of the weapon, thumbhole stock, folding/telescoping stock, grenade/flare launcher, flash suppressor, OR a forward pistol grip. Any Californian that possessed one of these firearms within the time period of January 1, 2001 to December 31, 2016 must register that weapon as a California assault weapon with the Department of Justice by January 1, 2018.
- Alternatively, the person could permanently affix the magazine so that the only way it could be removed is by disassembling of the firearm action. Any person in possession of an “assault weapons” that was not registered with the Department of Justice may face a felony conviction or up to one year in a county jail.
AB 1511 (Santiago)
- This bill restricts the loaning of a firearm to a spouse/domestic partner, parent, child, grandparent, or grandchild. Also, the person being loaned the gun must have a valid firearm safety certificate (FSC), and—as was already the case—the loan of the firearm cannot last longer than 30 days. This law will come into effect on January 1, 2017.
AB 1695 (Bonta)
- This bill stipulates that any person who knowingly makes a false report of a lost or stolen firearm to law enforcement, is guilty of a misdemeanor. With such a misdemeanor conviction, an individual is prohibited from owning a firearm for ten years. Further, if an individual were to subsequently come into possession of a firearm within that ten-year period, they would then face another misdemeanor conviction. This law will come into effect on January 1, 2017.
SB 1446 (Hancock)
- This bill outlaws the use and possession of “large-capacity” magazines that hold more than 10 rounds. Although California law already prohibited the possession of these magazines, those in possession of “large-capacity” magazines before the initial ban were allowed to keep them (they were, in effect “grandfathered in”).
- Under this bill, those magazines which were “grandfathered in” will no longer be legal, and must be removed from the state, sold to a licensed firearms dealer, destroyed, or surrendered to law enforcement by July 1, 2017. Any Californian still in possession of these magazines on or after July 1, 2017 will be charged with an infraction punishable by a fine of up to $100 for a first offense, $250 for a second offense, or $500 for third and subsequent offenses.
Please be assured our skilled team of attorneys are sorting through every detail of each measure – determining the smartest, most effective way to move forward. We know that being on the offensive line is far better than playing defensively – and retreating is never an option for GOC. We need you to forward this and every email you receive in the future to your friends and family. Urge them to join GOC or other groups fighting to protect the 2nd Amendment.
Our phones have been blowing up from people who are so shocked they can barely speak – they had no idea any of this garbage was happening! This is an effort that requires more than shaking our heads when we hear a news report. We can’t just sit on our couches and watch as our rights are pulled from under us. It’s going to take money. It’s going to take ACTION!