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California: Assembly Public Safety Committee Hearing on March 15

Friday, March 11, 2016

California: Assembly Public Safety Committee Hearing on March 15

On Tuesday, March 15, at 9:30 am, the Assembly Committee on Public Safety is scheduled to hear Assembly Bill 1673, Assembly Bill 1695, and Assembly Bill 1869Please call AND email the members of the Public Safety committee and urge them to OPPOSE AB 1673 and AB 1695 and SUPPORT AB 1869. 

 

OPPOSE:

AB 1673 would expand the definition of “firearm” to include an unfinished frame or receiver that can be “readily converted to the functional condition of a finished frame or receiver.”  These are sometimes referred to as 80% receivers.

This bill raises serious concerns under the due process clauses of both the California and United States Constitutions.  The term “readily converted” as used in the proposed text of AB 1673 is inherently vague and ambiguous.  The Courts have made clear that laws purporting to regulate fundamental rights, including those enshrined in the Second Amendment, must provide greater levels of clarity than laws which do not infringe upon constitutional liberties.

AB 1695 would make it a misdemeanor to report to a local law enforcement agency that a firearm has been lost or stolen, knowing that report to be false and create a 10 year firearm prohibition for someone convicted of this offense.  This bill would also require the Attorney General to send a letter notice to each individual who has applied to purchase a firearm informing him or her of laws relating to firearms, gun trafficking, and safe storage and would allow the Department of Justice to use funds in the Firearms Safety and Enforcement Special Fund.

The NRA does not oppose making it a misdemeanor to knowingly file a false lost or stolen report to law enforcement.  Our reason for opposition of AB 1695 is related to the restriction of a constitutional right for the conviction of a misdemeanor offense and requiring the Attorney General to send a pamphlet detailing CA's gun laws and penalties to every person who applies to buy a firearm. 

Constitutional rights are generally restricted only upon conviction of a felony.  The reasons for this are two-fold.  It limits restrictions on constitutional rights to only the most serious offenses, and, perhaps more importantly, felony convictions provide greater procedural protections to the accused, which results in more reliable convictions.  The right to keep and bear arms should not be treated as a second-class right and should be restricted only upon conviction of a felony like the right to vote, to serve on a jury, and to hold public office.     

And requiring the Attorney General to send gun law pamphlets to law-abiding gun owners will do nothing to stop the criminal misuse of firearms, because the individuals who are committing firearm-related crimes are not the ones receiving the gun law pamphlets. 

SUPPORT:

AB 1869 would make the theft of a firearm grand theft in all cases and punishable by imprisonment in the state prison for 16 months, or 2 or 3 years.  The enhanced penalty provisions would help deter the theft and the black market sale of firearms.

Don’t forget to forward this alert to your family, friends, and fellow gun owners and sportsmen urging them to call the members of the Assembly Committee on Public Safety to OPPOSE AB 1673 and AB 1695 and SUPPORT AB 1869. 

 

Members of the Assembly Committee on Public Safety:

Assembly Member Bill Quirk, Chair (D-20)

(916) 319-2020

[email protected]

Contact form

 

Assembly Member Melissa Melendez, Vice Chair (R-67)

(916) 319-2067

[email protected]

Contact form

 

Assembly Member Reginald Jones-Sawyer (D-59)

(916) 319-2059

[email protected]

Contact form

 

Assembly Member Tom Lackey (R-36)

(916) 319-2036

[email protected]

Contact form

 

Assembly Member Patty López (D-39)

(916) 319-2039

[email protected]

Contact form

 

Assembly Member Evan Low (D-28)

(916) 319-2028

[email protected]

Contact form

 

Assembly Member Miguel Santiago (D-53)

(916) 319-2053

[email protected]

Contact form

 

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Established in 1975, the Institute for Legislative Action (ILA) is the "lobbying" arm of the National Rifle Association of America. ILA is responsible for preserving the right of all law-abiding individuals in the legislative, political, and legal arenas, to purchase, possess and use firearms for legitimate purposes as guaranteed by the Second Amendment to the U.S. Constitution.