California 2015-2016 Regular Session Status: Passed Assembly 3 D cosponsors

AB 1664 — Firearms: assault weapons.

Last action — Ordered to inactive file pursuant to Senate Rule 29.

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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 2015-2016 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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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

(1) Existing law generally prohibits the possession or transfer of assault weapons, except for the sale, purchase, importation, or possession of assault weapons by specified individuals, including law enforcement officers. Under existing law, "assault weapon" means, among other things, a semiautomatic centerfire rifle or a semiautomatic pistol that has the capacity to accept a detachable magazine and has any one of specified attributes, including, for rifles, a thumbhole stock, and for pistols, a 2nd handgrip. This bill would revise this definition of "assault weapon" to mean a semiautomatic centerfire rifle or a semiautomatic pistol that does not have a fixed magazine but has any one of those specified attributes. The bill would also define "fixed magazine" to mean an ammunition feeding device contained in, or permanently attached to, a firearm in such a manner that the device cannot be removed without disassembly of the firearm action. By expanding the definition of an existing crime, the bill would impose a state-mandated local program. (2) Existing law makes any person who, within this state, possesses an assault weapon, except as otherwise provided, guilty of a misdemeanor or a felony. This bill would exempt from punishment under that prohibition a person who possessed an assault weapon prior to January 1, 2017, if specified requirements are met. (3) Existing law requires that, with specified exceptions, any person who, prior to January 1, 2001, lawfully possessed an assault weapon prior to the date it was defined as an assault weapon, and which was not specified as an assault weapon at the time of lawful possession, register the firearm with the Department of Justice. Existing law permits the Department of Justice to charge a fee for registration of up to $20 per person but not to exceed the actual processing costs of the department. Existing law, after the department establishes fees sufficient to reimburse the department for processing costs, requires fees charged to increase at a rate not to exceed the legislatively approved annual cost-of-living adjustment for the department's budget or as otherwise increased through the Budget Act. Existing law requires those fees to be deposited into the Dealers' Record of Sale Special Account. Existing law, the Administrative Procedure Act, establishes the requirements for the adoption, publication, review, and implementation of regulations by state agencies. This bill would require that any person who, from January 1, 2001, to December 31, 2016, inclusive, lawfully possessed an assault weapon that does not have a fixed magazine, as defined, including those weapons with an ammunition feeding device that can be removed readily from the firearm with the use of a tool, register the firearm with the Department of Justice before January 1, 2018, but not before the effective date of specified regulations. The bill would permit the department to increase the $20 registration fee as long as it does not exceed the reasonable processing costs of the department. The bill would also require registrations to be submitted electronically via the Internet utilizing a public-facing application made available by the department. The bill would require the registration to contain specified information, including, but not limited to, a description of the firearm that identifies it uniquely and specified information about the registrant. The bill would permit the department to charge a fee of up to $15 per person for registration through the Internet, not to exceed the reasonable processing costs of the department to be paid and deposited, as specified, for purposes of the registration program. The bill would require the department to adopt regulations for the purpose of implementing those provisions and would exempt those regulations from the Administrative Procedure Act. The bill would also make technical and conforming changes. (4) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason. (5) This bill would become operative only if SB 880 of the 2015–16 Regular Session is enacted and takes effect on or before January 1, 2017.

Bill Text

Action History

  1. Ordered to inactive file pursuant to Senate Rule 29.

  2. Read second time and amended. Ordered to third reading.

  3. From committee: Amend, and do pass as amended. (Ayes 5. Noes 2.) (June 20).

  4. Re-referred to Com. on APPR.

  5. Withdrawn from committee.

  6. 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.

  7. Referred to Com. on PUB. S.

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

  9. Read third time. Passed. Ordered to the Senate. (Ayes 43. Noes 31. Page 5136.)

  10. Assembly Rule 63 suspended. (Page 5120.)

  11. Read second time. Ordered to third reading.

  12. Read second time and amended. Ordered returned to second reading.

  13. From committee: Amend, and do pass as amended. (Ayes 13. Noes 6.) (May 27).

  14. In committee: Set, first hearing. Referred to suspense file.

  15. From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 2.) (March 1). Re-referred to Com. on APPR.

  16. Referred to Com. on PUB. S.

  17. From printer. May be heard in committee February 14.

  18. Read first time. To print.

Sponsors

  • Chiu · Cosponsor
  • Mike A. Gipson · Cosponsor
  • Leno · Cosponsor
  • Levine · Primary
  • McCarty · Cosponsor
  • Nazarian · Cosponsor
  • Santiago · Cosponsor
  • Ting · Cosponsor
  • Robert Garcia · Cosponsor
  • Mia Bonta · Cosponsor

Sponsorship breakdown

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1 sponsors · 9 co-sponsors · 112 not signed on · 11 voted No

Sponsors (1)

  • Levine

Co-sponsors (9)

Not signed on (112)

112 members have not signed on to this bill.

Show all 112 →

"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

Do pass as amended

Passed 5 Yea · 2 Nay
Party YeaNayPresentNot Voting
Unaffiliated 4200
Democratic 1000
Total 5200
% of votes cast 71%29%0%0%
How each member voted (7)
Member Party Vote
Hill — Yea
Lara — Yea
Bates — Nay
Beall — Yea
Mendoza — Yea
Nielsen — Nay
McGuire, Mike Democratic Yea

Official roll call →

Placed on suspense file

Failed 2 Yea · 5 Nay
Party YeaNayPresentNot Voting
Unaffiliated 2400
Democratic 0100
Total 2500
% of votes cast 29%71%0%0%
How each member voted (7)
Member Party Vote
Bates — Yea
Beall — Nay
Lara — Nay
Hill — Nay
Mendoza — Nay
Nielsen — Yea
McGuire, Mike Democratic Nay

Official roll call →

AB 1664 LEVINE Assembly Third Reading

Passed 43 Yea · 31 Nay · 6 Other
Party YeaNayPresentNot Voting
Unaffiliated 392506
Democratic 4100
Republican 0500
Total 433106
% of votes cast 54%39%0%8%
How each member voted (80)
Member Party Vote
Achadjian — Nay
Alejo — Yea
Baker — Yea
Bigelow — Nay
Bloom — Yea
Brough — Nay
Brown — Yea
Low — Yea
Maienschein — Nay
Mathis — Nay
Ridley-Thomas — Yea
Thurmond — Yea
Eggman — Not Voting
Cooper — Not Voting
Gatto — Yea
Burke — Yea
Campos — Yea
Chau — Yea
Chiu — Yea
Bonilla — Yea
Gordon — Yea
Lopez — Yea
Holden — Yea
Dababneh — Yea
Atkins — Yea
Jones-Sawyer — Yea
Dodd — Yea
Levine — Yea
McCarty — Yea
Mullin — Yea
Nazarian — Yea
O'Donnell — Yea
Rendon — Yea
Santiago — Yea
Weber — Yea
Williams — Yea
Salas — Nay
Chang — Not Voting
Gray — Nay
Harper — Nay
Kim — Nay
Linder — Nay
Chu — Yea
Chávez — Nay
Cooley — Nay
Daly — Not Voting
Mayes — Nay
Medina — Nay
Melendez — Nay
Obernolte — Nay
Olsen — Nay
Quirk — Yea
Rodriguez — Not Voting
Steinorth — Nay
Ting — Yea
Wagner — Nay
Waldron — Nay
Wilk — Nay
Wood — Yea
Frazier — Nay
Gomez — Yea
Hadley — Not Voting
Beth Gaines — Nay
Cristina Garcia — Yea
Eduardo Garcia — Yea
Jim Patterson — Nay
Lorena Gonzalez — Yea
Mark Stone — Yea
Roger Hernández — Yea
Travis Allen — Nay
Arambula, Joaquin Democratic Nay
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Gipson, Mike A. Democratic Yea
Irwin, Jacqui Democratic Yea
Dahle, Megan Republican Nay
Gallagher, James Republican Nay
Grove, Shannon Republican Nay
Jones, Brian W. Republican Nay
Lackey, Tom Republican Nay

Official roll call →

Do pass as amended.

Passed 13 Yea · 6 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 11401
Democratic 2000
Republican 0200
Total 13601
% of votes cast 65%30%0%5%
How each member voted (20)
Member Party Vote
Bloom — Yea
Obernolte — Nay
Wagner — Nay
Weber — Yea
Eggman — Not Voting
Holden — Yea
Bonilla — Yea
Chang — Nay
Daly — Yea
Quirk — Yea
Santiago — Yea
Wood — Yea
Bigelow — Nay
Eduardo Garcia — Yea
Lorena Gonzalez — Yea
Roger Hernández — Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Gallagher, James Republican Nay
Jones, Brian W. Republican Nay

Official roll call →

Subjects

public-safety
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Frequently asked questions

What does AB 1664 do?
(1) Existing law generally prohibits the possession or transfer of assault weapons, except for the sale, purchase, importation, or possession of assault weapons by specified individuals, including law enforcement officers. Under existing law, "assault weapon" means, among other things, a semiautomatic centerfire rifle or a semiautomatic pistol that has the capacity to accept a detachable magazine and has any one of specified attributes, including, for rifles, a thumbhole stock, and for pistols, a 2nd handgrip. This bill would revise this definition of "assault weapon" to mean a semiautomatic centerfire rifle or a semiautomatic pistol that does not have a fixed magazine but has any one of those specified attributes. The bill would also define "fixed magazine" to mean an ammunition feeding device contained in, or permanently attached to, a firearm in such a manner that the device cannot be removed without disassembly of the firearm action. By expanding the definition of an existing crime, the bill would impose a state-mandated local program. (2) Existing law makes any person who, within this state, possesses an assault weapon, except as otherwise provided, guilty of a misdemeanor or a felony. This bill would exempt from punishment under that prohibition a person who possessed an assault weapon prior to January 1, 2017, if specified requirements are met. (3) Existing law requires that, with specified exceptions, any person who, prior to January 1, 2001, lawfully possessed an assault weapon prior to the date it was defined as an assault weapon, and which was not specified as an assault weapon at the time of lawful possession, register the firearm with the Department of Justice. Existing law permits the Department of Justice to charge a fee for registration of up to $20 per person but not to exceed the actual processing costs of the department. Existing law, after the department establishes fees sufficient to reimburse the department for processing costs, requires fees charged to increase at a rate not to exceed the legislatively approved annual cost-of-living adjustment for the department's budget or as otherwise increased through the Budget Act. Existing law requires those fees to be deposited into the Dealers' Record of Sale Special Account. Existing law, the Administrative Procedure Act, establishes the requirements for the adoption, publication, review, and implementation of regulations by state agencies. This bill would require that any person who, from January 1, 2001, to December 31, 2016, inclusive, lawfully possessed an assault weapon that does not have a fixed magazine, as defined, including those weapons with an ammunition feeding device that can be removed readily from the firearm with the use of a tool, register the firearm with the Department of Justice before January 1, 2018, but not before the effective date of specified regulations. The bill would permit the department to increase the $20 registration fee as long as it does not exceed the reasonable processing costs of the department. The bill would also require registrations to be submitted electronically via the Internet utilizing a public-facing application made available by the department. The bill would require the registration to contain specified information, including, but not limited to, a description of the firearm that identifies it uniquely and specified information about the registrant. The bill would permit the department to charge a fee of up to $15 per person for registration through the Internet, not to exceed the reasonable processing costs of the department to be paid and deposited, as specified, for purposes of the registration program. The bill would require the department to adopt regulations for the purpose of implementing those provisions and would exempt those regulations from the Administrative Procedure Act. The bill would also make technical and conforming changes. (4) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason. (5) This bill would become operative only if SB 880 of the 2015–16 Regular Session is enacted and takes effect on or before January 1, 2017.
Who sponsors AB 1664?
AB 1664 is sponsored by Chiu, Gipson, Mike A. (Democratic), Leno, Levine, McCarty, Nazarian, Santiago, Ting, Garcia, Robert (Democratic), and Bonta, Mia (Democratic).
What is the current status of AB 1664?
This bill died with 2015-2016 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 1664?
Track AB 1664 free on One Click Politics — get push/email alerts when it moves.

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