Bill Text: CA SJR1 | 2013-2014 | Regular Session | Chaptered

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Bill Title: Firearms control.

Spectrum: Partisan Bill (Democrat 65-0)

Status: (Passed) 2013-08-20 - Chaptered by Secretary of State. Res. Chapter 83, Statutes of 2013. [SJR1 Detail]

Download: California-2013-SJR1-Chaptered.html

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BILL NUMBER: SJR 1	CHAPTERED
	BILL TEXT

	RESOLUTION CHAPTER  83
	FILED WITH SECRETARY OF STATE  AUGUST 20, 2013
	ADOPTED IN SENATE  AUGUST 15, 2013
	ADOPTED IN ASSEMBLY  AUGUST 8, 2013
	AMENDED IN ASSEMBLY  AUGUST 8, 2013

INTRODUCED BY   Senators Wolk, Corbett, DeSaulnier, Hancock, Hill,
Leno, and Yee
   (Coauthors: Senators Beall, Block, Calderon, De León, Evans,
Jackson, Lara, Lieu, Liu, Monning, Padilla, Pavley, Price, and
Steinberg)
   (Coauthors: Assembly Members Alejo, Ammiano, Atkins, Bloom,
Bocanegra, Bonilla, Bonta, Bradford, Brown, Buchanan, Ian Calderon,
Campos, Chau, Chesbro, Dickinson, Fong, Garcia, Gatto, Gomez,
Gonzalez, Gordon, Hall, Roger Hernández, Holden, Jones-Sawyer,
Levine, Lowenthal, Medina, Mitchell, Mullin, Muratsuchi, Nazarian,
Pan, Perea, John A. Pérez, Quirk, Rendon, Skinner, Stone, Ting,
Weber, Wieckowski, Williams, and Yamada)

                        JANUARY 18, 2013

   Relative to firearms.


	LEGISLATIVE COUNSEL'S DIGEST


   SJR 1, Wolk. Firearms control.
   This measure would urge the President and Congress of the United
States to develop a comprehensive federal approach to reducing and
preventing gun violence, promptly place assault weapons and
high-capacity assault magazines under the scope of the National
Firearms Act, and require a universal background check through the
National Instant Criminal Background Check System (NICS) for the
transfer of all firearms. This measure would additionally urge the
President to take steps to ensure that all states and applicable
federal agencies are reporting all necessary records to the NICS.



   WHEREAS, The Sandy Hook Elementary School mass shooting in
Newtown, Connecticut, which resulted in the death of 20 children and
6 adults, demonstrated the need for stronger laws to prevent gun
violence; and
   WHEREAS, Numerous factors contribute to the occurrence of mass
shootings, including unregulated access to assault weapons and
assault magazines, insufficient background checks, and needed
improvements to our mental health system, among others; and
   WHEREAS, Semiautomatic assault weapons designed with military
features allow for the rapid fire of potentially large numbers of
bullets, and are distinguishable from standard sporting firearms by
features such as the ability to accept a detachable magazine, pistol
grips, and folding or telescoping stocks; and
   WHEREAS, Semiautomatic assault weapons are frequently used in mass
shootings, including the 1993 101 California Street shooting in San
Francisco that involved two TEC-9 semiautomatic handguns, and the
recent Aurora, Colorado, shooting that involved an AR-15 style
semiautomatic assault rifle with a 100-round ammunition drum; and
   WHEREAS, The United States Supreme Court has affirmed once and for
all that Americans have a right to keep and bear arms. However, as
conservative justice Antonin Scalia outlined, the District of
Columbia v. Heller decision does not prohibit laws forbidding
firearms in places such as schools or regulation of unusually
dangerous weapons, nor does it restrict laws prohibiting felons and
the mentally ill from carrying guns; and
   WHEREAS, The National Firearms Act of 1934 regulates the
possession and transfer of fully automatic machine guns through
background checks, registration, and excise taxes, but individual
states are able to enact their own stronger gun legislation and
regulations which may or may not be similar to other states; and
   WHEREAS, Seven states, including California, have enacted laws
strictly regulating the possession, manufacture, and transfer of
assault weapons; and
   WHEREAS, Because our borders are porous and only a small number of
states regulate assault weapons and high-capacity assault magazines,
states, like California, that take steps to protect their
communities from these weapons are vulnerable to criminals who use
those weapons without a comprehensive federal approach to curb gun
violence; and
   WHEREAS, It is estimated that 40 percent of firearm transfers are
completed without a federal background check, including the transfer
of semiautomatic firearms from a private collection; and
   WHEREAS, California requires background checks for all firearms
sales and transfers through various means; and
   WHEREAS, Nine categories of individuals are prohibited from
purchasing and possessing firearms, including the dangerously
mentally ill; and
   WHEREAS, Mental health records are reported by the state and
imported into the National Instant Criminal Background Check System,
but currently many state and federal agencies are not fully
participating in this system; now, therefore, be it
   Resolved by the Senate and the Assembly of the State of
California, jointly, That a comprehensive federal approach to
reducing and preventing gun violence is needed to protect the Second
Amendment rights of law abiding citizens while ensuring that our
communities are safe from future mass shootings; and be it further
   Resolved, That the Legislature urges the President and the
Congress of the United States to promptly place under the scope of
the National Firearms Act generically defined assault weapons, as now
is the case with California, and high-capacity assault magazines;
and be it further
   Resolved, That a universal background check through the National
Instant Criminal Background Check System should be required for the
transfer of all firearms; and be it further
   Resolved, That the President of the United States should take
steps to ensure all states and applicable federal agencies are
reporting all necessary records to the National Instant Criminal
Background Check System; and be it further
   Resolved, That the Secretary of the Senate transmit copies of this
resolution to the President and Vice President of the United States,
to the Speaker of the House of Representatives, to the Majority
Leader of the Senate, to each Senator and Representative from
California in the Congress of the United States, and to the author
for appropriate distribution.