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Mr. Dave DeAlba,
Special Assistant Attorney General
Office of the Attorney General
1300 I Street
Sacramento, CA 95814
RE: Assault Weapon Task Force
Dear Mr. DeAlba:
I would like clarification regarding a number of Task Force related issues.
- There was no discussion of any further meeting dates. Should I conclude that the work of
the Task Force is completed?
Am I correct that no formal report containing the Task Force recommendations will be or
has been provided to the Attorney General?
During the December 12 meeting, Mr. Goodson stated that a "minority report" would be
welcomed by the Attorney General. I would like to prepare such a report. Is such a report still
"welcome"?
If the recommendations we discussed on February 3 are final, do they have the support of all
task force members? As you know, neither the Peace Officers Research Association of California
nor the Los Angeles Police Protective League representative was at the meeting. I assume that the
representatives for the Police Chiefs, Sheriffs and District Attorneys had the authority delegated
to them to commit their organizations to the recommendations.
Based on my recollection, my associates notes and discussion with others who attended the
meeting, the following are the recommendations relating to SB 23 (Perata) that we discussed.
- Exempt all tube fed .22 rimfire rifles.
- Exempt all antique firearms and their "Feeding devices".
- Ban the future possession, sale and manufacture of magazines which are capable of holding
more than 10 rounds. The movie industry and law enforcement "duty" firearms should be
exempt. Personally owned firearms and magazines of law enforcement officers should not be
exempt.
- Either 18 months after SB 23 became law, or 12 months after the Department of Justice
published regulations on how to "permanently" alter magazines - possession should be a
misdemeanor. Retired peace officers and concealed weapons permit holders should be prohibited
from possessing or carrying magazines that were capable of holding more than 10 rounds.
- Possession of multiple loaded magazines holding a combined total of more than 10 rounds
should be a crime. The scope of this recommendation is so broad that it would include target
shooting on private property with the permission of the owner.
- Make "features" that cause a firearm to be classified as an "assault weapon" correspond more
closely with the federal definition. There was a great deal of discussion about how to describe
"pistol grips", etc. but seemingly no closure.
Are my characterizations accurate? If not, will you please correct them?
During my career with your department, I participated on a number of Attorney General task
forces. All resulted in a final formal report, a press release and a sense of accomplishment and pride.
- If a written report has been or is produced in the future that is then distributed within the
Task Force or to the general public, will I be provided a copy?
Finally, I want to once again state that I have made no recommendations to and support none
of those that have been made by the Task Force. I have asked questions concerning intent.
As most of the
Task Force members know very little about firearms and even less about firearms terminology, the discussions
generally lacked "precision". The recommendations as I recall them create a new class of crimes and
significant changes in public policy. I believe that the language in key areas is both vague and
ambiguous - a serious threat when prosecutors like the District Attorneys Association representative
advocate the "arrest them all and let the courts sort it out" approach. Concerning "high capacity feeding
devices" the recommendations, if they became law, would likely constitute a "taking by the state" because
of the expense involved.
I hope that before the Attorney General acts on any of the recommendations that he will weigh
their impact on personal freedoms and property rights of those he has sworn to protect.
Sincerely,
S.C. Helsley
State Liaison
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cc:
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Assault Assault Weapons Task Force Members
Assemblyman Mike Honda, Chairman Assembly Public Safety Committee
Senator John Vasconsellos, Chairman Senate Public Safety Committee
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