California Laws Dispel Notion that “No One is Coming for Your Guns”

On Friday, California Governor Jerry Brown went on a bit of a spree, signing a bevy of anti-Second Amendment bills that found his desk after passing through the state’s Democrat-dominated legislature. Set to be among the most stringent regulations in the United States, the six bills approved by the governor expand the state’s definition of “assault weapons,” impose background checks on ammunition purchases, ban the possession of magazines holding more than ten rounds, and criminalize loaning firearms to anyone but very close relatives. The full list is below.

1. AB 1135 – Assault Weapons Ban
2. AB 1511 – Firearms Lending
3. AB 1695 – False Reports of Stolen Firearms
4. SB 880 – Assault Weapons Ban (Expanded)
5. SB 1235 – Ammunition Background Checks
6. SB 1446 – Magazine Capacity

AB 1135 and SB 880 expand California’s current definition of “assault weapons” to include any semi-automatic rifle capable of accepting a magazine with a capacity greater than ten rounds. Since magazines are typically removable parts, these laws essentially ban all semi-auto rifles. Moreover, popular workarounds, like the Bullet Button, will no longer sufficiently meet these new requirements, though it looks like a new version is on the way. Perhaps worst of all, the new laws require that owners of these newly-defined “assault weapons” register their firearms with the state government. Upon death, these guns may not be transferred to heirs, but must instead be handed over to the government for destruction. Remember how they said they no one was coming for your guns? Yeah, that might not be so true.

SB 1235 mostly takes the place of a referendum, the (misleading) Safety for All Act of 2016, set to appear on the ballot in November. In short, however, SB 1235 requires all ammunition purchasers to first obtain a license from the state before they may make the purchase. Then, at the time of the transaction, the ammunition vendor must then cross-reference the purchaser with the state’s Prohibited Armed Persons File to validate eligibility. Lastly, the bill expands licensing requirements for ammunition vendors to sellers of all ammunition types. The new law also criminalizes ammunition sharing among hunters, bans online ammunition orders, prohibits ammunition brought in from out-of-state, and is certain to put small shops out of business with new paperwork and records keeping requirements.

In short, SB 1235 simply is not enforceable. Unlike firearms, ammunition carries no serial numbers. It just is not reasonable to serialize expendable goods like ammunition, and even if such a process were undertaken, it would be trivial to deface the markings. Without serialization, determining where a person purchased ammunition and whether or not the proper process was followed is simply impossible. Yet again, this is another measure that only serves to make firearms ownership more expensive and burdensome to those who would never break the law anyway.

Lastly, SB 1446 is remarkable for its brazenness. Previously, magazines holding more than ten rounds were illegal in California, except those manufactured before 2000, under the amended Roberti-Roos Act of 1989. Under the new law, all magazines with capacities over ten rounds are illegal. This means that even those that were grandfathered by Roberti-Roos must now be handed over to local authorities for destruction or sold to someone out of state. What about the compensation you ask? Forget about it. Those who own hundreds (or potentially thousands) of dollars in magazines will need to turn them in or otherwise dispose of them without any expectation of state-provided reimbursement. It isn’t often you see this sort of ex post facto lawmaking in the United States. Let’s hope the disease doesn’t spread.