California 2011-2012 Regular Session Status: Passed Assembly

AB 2549 — Firearms: possession of assault weapons: law enforcement officers.

Last action — In committee: Set, first hearing. Failed passage.

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. 3
    Passed Assembly
  4. 4
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2011-2012 Regular Session. It reached “Passed Assembly” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

Existing law generally prohibits the possession of an assault weapon, as defined, or a .50 BMG rifle, as defined. Existing law imposes specified penalties for a violation of these provisions, including imprisonment in a county jail for a period not to exceed one year, or a fine, or both imprisonment and a fine, as specified. Existing law does not prohibit the sale, delivery, or transfer of an assault weapon or a .50 BMG rifle to, or the possession of an assault weapon or a .50 BMG rifle by, a sworn peace officer member of a state law enforcement entity if the peace officer is authorized by the officer's employer to possess or receive the assault weapon or the .50 BMG rifle. Existing law defines the required authorization as verifiable written certification from the head of the agency, identifying the recipient or possessor of the assault weapon or the .50 BMG rifle as a peace officer and authorizing that person to receive or possess the specific assault weapon. Existing law also requires the officer to register the weapon, as specified. These requirements do not apply to members of federal law enforcement agencies who are authorized by their employing agency to possess these weapons. This bill would require that the written authorization from an officer's employer necessary to exempt the officer from restrictions on the sale, delivery, transfer, or possession of an assault weapon or .50 BMG rifle also include language stating that the use of the assault weapon or .50 BMG rifle is "for law enforcement purposes, whether on or off duty." The bill would require that a peace officer who purchases an assault weapon or .50 BMG rifle pursuant to this provision on or after January 1, 2013, be limited to the purchase of one assault weapon or .50 BMG rifle and would prohibit the peace officer from purchasing another assault weapon or .50 BMG rifle pursuant to this provision unless the peace officer has relinquished his or her possession of the original assault weapon or .50 BMG rifle and transferred registration of the weapon out of his or her name. The bill would also require a peace officer who lawfully purchased an assault weapon or .50 BMG rifle, either before or after January 1, 2013, and properly registered the firearm in his or her name, as required pursuant to the provisions described above, and who has honorably retired, as defined, from the law enforcement agency, to notify the Department of Justice, within 90 days of the date of retirement, of his or her change in status and continued ownership of the assault weapon or .50 BMG rifle. The bill would specify that an honorably retired peace officer who acquired an assault weapon or .50 BMG rifle pursuant to the above provisions and retired prior to January 1, 2013, would not be required to surrender the weapon if he or she provides the notification specified above to the department on or before April 1, 2013. The bill would require the notification to include written documentation from the head of the law enforcement agency from which the officer retired, or a designee of the department head, stating that the officer honorably retired from the agency. The bill would require the Department of Justice to develop a program authorizing a retired officer to file a "change of status" form for purposes of these provisions, and to develop and adopt a form for that purpose. The bill would also authorize the department to charge the retired officer seeking to file that form a fee covering the reasonable cost of providing this service.

Bill Text

Action History

  1. In committee: Set, first hearing. Failed passage.

  2. From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on PUB. S.

  3. Referred to Com. on PUB. S.

  4. In Senate. Read first time. To Com. on RLS. for assignment.

  5. Read third time. Passed. Ordered to the Senate. (Ayes 49. Noes 19. Page 5144.)

  6. Read second time. Ordered to third reading.

  7. Read second time and amended. Ordered to second reading.

  8. From committee: Do pass as amended. (Ayes 11. Noes 1.) (May 2).

  9. From committee: Do pass and re-refer to Com. on APPR. (Ayes 4. Noes 2.) (April 24). Re-referred to Com. on APPR.

  10. Referred to Com. on PUB. S.

  11. Read first time.

  12. From printer. May be heard in committee March 27.

  13. Introduced. To print.

Sponsors

  • Hall · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 121 not signed on · 2 voted No

Sponsors (1)

  • Hall

Co-sponsors (0)

None.

Not signed on (121)

121 members have not signed on to this bill.

Show all 121 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

AB 2549 HALL Assembly Third Reading

Passed 49 Yea · 19 Nay · 12 Other
Party YeaNayPresentNot Voting
Republican 1100
Unaffiliated 4718012
Democratic 1000
Total 4919012
% of votes cast 61%24%0%15%
How each member voted (80)
Member Party Vote
Butler — Yea
Fuentes — Yea
Galgiani — Yea
Gatto — Yea
Fong — Yea
Hagman — Yea
Atkins — Yea
Campos — Yea
Furutani — Not Voting
Fletcher — Not Voting
Gordon — Nay
Mitchell — Not Voting
Gorell — Not Voting
Halderman — Nay
Chesbro — Not Voting
Conway — Nay
Donnelly — Nay
Knight — Nay
Lara — Yea
Miller — Nay
Morrell — Nay
Nestande — Nay
Nielsen — Nay
Olsen — Nay
Solorio — Yea
Wagner — Nay
Wieckowski — Yea
Allen — Yea
Hall — Yea
Hill — Yea
Carter — Yea
Portantino — Yea
John A. Pérez — Yea
Cedillo — Yea
Huber — Yea
Bonilla — Yea
Ammiano — Yea
Beall — Yea
Block — Yea
Hueso — Yea
Mendoza — Yea
Pan — Yea
Perea — Yea
Skinner — Yea
Smyth — Yea
Swanson — Yea
Torres — Yea
Williams — Yea
Achadjian — Nay
Alejo — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Harkey — Not Voting
Hayashi — Yea
Huffman — Yea
Jeffries — Nay
Logue — Nay
Ma — Yea
Mansoor — Nay
Monning — Yea
Norby — Yea
Silva — Nay
Valadao — Not Voting
Cook — Not Voting
Eng — Yea
Feuer — Not Voting
Davis — Not Voting
Dickinson — Not Voting
Yamada — Yea
Garrick — Nay
Beth Gaines — Nay
Bill Berryhill — Not Voting
Bonnie Lowenthal — Yea
Roger Hernández — Yea
V. Manuel Pérez — Yea
Calderon, Lisa Democratic Yea
Grove, Shannon Republican Nay
Jones, Brian W. Republican Yea

Official roll call →

Do pass as amended.

Passed 11 Yea · 1 Nay · 5 Other
Party YeaNayPresentNot Voting
Unaffiliated 11104
Democratic 0001
Total 11105
% of votes cast 65%6%0%29%
How each member voted (17)
Member Party Vote
Campos — Yea
Gatto — Yea
Hall — Yea
Mitchell — Yea
Lara — Yea
Donnelly — Nay
Norby — Not Voting
Blumenfield — Yea
Bradford — Yea
Harkey — Not Voting
Hill — Yea
Nielsen — Not Voting
Solorio — Yea
Wagner — Not Voting
Davis — Yea
Fuentes — Yea
Calderon, Lisa Democratic Not Voting

Official roll call →

Subjects

public-safety civil-rights
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does AB 2549 do?
Existing law generally prohibits the possession of an assault weapon, as defined, or a .50 BMG rifle, as defined. Existing law imposes specified penalties for a violation of these provisions, including imprisonment in a county jail for a period not to exceed one year, or a fine, or both imprisonment and a fine, as specified. Existing law does not prohibit the sale, delivery, or transfer of an assault weapon or a .50 BMG rifle to, or the possession of an assault weapon or a .50 BMG rifle by, a sworn peace officer member of a state law enforcement entity if the peace officer is authorized by the officer's employer to possess or receive the assault weapon or the .50 BMG rifle. Existing law defines the required authorization as verifiable written certification from the head of the agency, identifying the recipient or possessor of the assault weapon or the .50 BMG rifle as a peace officer and authorizing that person to receive or possess the specific assault weapon. Existing law also requires the officer to register the weapon, as specified. These requirements do not apply to members of federal law enforcement agencies who are authorized by their employing agency to possess these weapons. This bill would require that the written authorization from an officer's employer necessary to exempt the officer from restrictions on the sale, delivery, transfer, or possession of an assault weapon or .50 BMG rifle also include language stating that the use of the assault weapon or .50 BMG rifle is "for law enforcement purposes, whether on or off duty." The bill would require that a peace officer who purchases an assault weapon or .50 BMG rifle pursuant to this provision on or after January 1, 2013, be limited to the purchase of one assault weapon or .50 BMG rifle and would prohibit the peace officer from purchasing another assault weapon or .50 BMG rifle pursuant to this provision unless the peace officer has relinquished his or her possession of the original assault weapon or .50 BMG rifle and transferred registration of the weapon out of his or her name. The bill would also require a peace officer who lawfully purchased an assault weapon or .50 BMG rifle, either before or after January 1, 2013, and properly registered the firearm in his or her name, as required pursuant to the provisions described above, and who has honorably retired, as defined, from the law enforcement agency, to notify the Department of Justice, within 90 days of the date of retirement, of his or her change in status and continued ownership of the assault weapon or .50 BMG rifle. The bill would specify that an honorably retired peace officer who acquired an assault weapon or .50 BMG rifle pursuant to the above provisions and retired prior to January 1, 2013, would not be required to surrender the weapon if he or she provides the notification specified above to the department on or before April 1, 2013. The bill would require the notification to include written documentation from the head of the law enforcement agency from which the officer retired, or a designee of the department head, stating that the officer honorably retired from the agency. The bill would require the Department of Justice to develop a program authorizing a retired officer to file a "change of status" form for purposes of these provisions, and to develop and adopt a form for that purpose. The bill would also authorize the department to charge the retired officer seeking to file that form a fee covering the reasonable cost of providing this service.
Who sponsors AB 2549?
AB 2549 is sponsored by Hall.
What is the current status of AB 2549?
This bill died with 2011-2012 Regular Session. It reached “Passed Assembly” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track AB 2549?
Track AB 2549 free on One Click Politics — get push/email alerts when it moves.

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Last checked for changes 3 months ago · updated continuously

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