BILL NUMBER: AB 2222 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Koretz
(Coauthors: Assembly Members Chu, Goldberg, Keeley, Kehoe,
Lowenthal, Shelley, and Vargas)
(Coauthor: Senator Perata)
FEBRUARY 20, 2002
An act to amend Sections 12020, 12200, 12201, 12230, 12250, 12251,
and 12288 of, to amend the heading of Chapter 2 (commencing with
Section 12200) of Title 2 of Part 4 of, to amend the heading of
Article 4 (commencing with Section 12250) of Chapter 2 of Title 2 of
Part 4 of, and to add Section 12221 to, the Penal Code, relating to
firearms.
LEGISLATIVE COUNSEL'S DIGEST
AB 2222, as introduced, Koretz. .50 caliber sniper weapons.
Under existing law it is a crime to manufacture, cause to be
manufactured, import into the state, keep for sale, or offer or
expose for sale, or to give, lend, or possess certain dangerous
weapons, as specified.
This bill would add to the list of dangerous weapons subject to
those prohibitions, small arms armor piercing ammunition, as defined.
By changing the scope of an existing crime, this bill would impose
a state-mandated local program.
Existing law generally regulates the manufacture, possession,
transport, and sale of machineguns, as defined.
This bill would similarly regulate .50 caliber sniper weapons, as
defined. This bill would also provide, subject to exceptions, that
any person who manufactures, causes to be manufactured, distributes,
transports, imports into the state, keeps for sale, or offers or
exposes for sale, or who gives or lends a .50 caliber sniper weapon
is guilty of felony punishable by 4, 6, or 8 year imprisonment in the
state prison. This bill would further provide that, subject to
exceptions, possession of a .50 caliber sniper weapon in violation of
law would be punishable by imprisonment in state prison or in a
county jail, not exceeding one year.
By creating new crimes, this bill would impose a state-mandated
local program.
Existing law requires, except as specified, for the destruction,
as a nuisance, of a machinegun possessed in violation of law.
This bill would similarly require, except as specified, for the
destruction, as a nuisance, of a .50 caliber sniper weapon possessed
in violation of law.
Existing law provides that persons may arrange to relinquish an
assault weapon to a police or sheriff's department.
This bill would similarly permit persons to arrange to relinquish
a .50 caliber sniper weapon to a police or sheriff's department.
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.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 12020 of the Penal Code is amended to read:
12020. (a) Any person in this state who does any of the following
is punishable by imprisonment in a county jail not exceeding one
year or in the state prison:
(1) Manufactures or causes to be manufactured, imports into the
state, keeps for sale, or offers or exposes for sale, or who gives,
lends, or possesses any cane gun or wallet gun, any undetectable
firearm, any firearm which is not immediately recognizable as a
firearm, any camouflaging firearm container, any ammunition which
contains or consists of any flechette dart, any small arms armor
piercing ammunition, any bullet containing or carrying an
explosive agent, any ballistic knife, any multiburst trigger
activator, any nunchaku, any short-barreled shotgun, any
short-barreled rifle, any metal knuckles, any belt buckle knife, any
leaded cane, any zip gun, any shuriken, any unconventional pistol,
any lipstick case knife, any cane sword, any shobi-zue, any air gauge
knife, any writing pen knife, any metal military practice
handgrenade or metal replica handgrenade, or any instrument or weapon
of the kind commonly known as a blackjack, slungshot, billy,
sandclub, sap, or sandbag.
(2) Commencing January 1, 2000, manufactures or causes to be
manufactured, imports into the state, keeps for sale, or offers or
exposes for sale, or who gives, or lends, any large-capacity
magazine.
(3) Carries concealed upon his or her person any explosive
substance, other than fixed ammunition.
(4) Carries concealed upon his or her person any dirk or dagger.
However, a first offense involving any metal military practice
handgrenade or metal replica handgrenade shall be punishable only as
an infraction unless the offender is an active participant in a
criminal street gang as defined in the Street Terrorism and
Enforcement and Prevention Act (Chapter 11 (commencing with Section
186.20) of Title 7 of Part 1). A bullet containing or carrying an
explosive agent is not a destructive device as that term is used in
Section 12301.
(b) Subdivision (a) does not apply to any of the following:
(1) The sale to, purchase by, or possession of short-barreled
shotguns or short-barreled rifles by police departments, sheriffs'
offices, marshals' offices, the California Highway Patrol, the
Department of Justice, or the military or naval forces of this state
or of the United States for use in the discharge of their official
duties or the possession of short-barreled shotguns and
short-barreled rifles by peace officer members of a police
department, sheriff's office, marshal's office, the California
Highway Patrol, or the Department of Justice when on duty and the use
is authorized by the agency and is within the course and scope of
their duties and the peace officer has completed a training course in
the use of these weapons certified by the Commission on Peace
Officer Standards and Training.
(2) The manufacture, possession, transportation or sale of
short-barreled shotguns or short-barreled rifles when authorized by
the Department of Justice pursuant to Article 6 (commencing with
Section 12095) of this chapter and not in violation of federal law.
(3) The possession of a nunchaku on the premises of a school which
holds a regulatory or business license and teaches the arts of
self-defense.
(4) The manufacture of a nunchaku for sale to, or the sale of a
nunchaku to, a school which holds a regulatory or business license
and teaches the arts of self-defense.
(5) Any antique firearm. For purposes of this section, "antique
firearm" means any firearm not designed or redesigned for using
rimfire or conventional center fire ignition with fixed ammunition
and manufactured in or before 1898 (including any matchlock,
flintlock, percussion cap, or similar type of ignition system or
replica thereof, whether actually manufactured before or after the
year 1898) and also any firearm using fixed ammunition manufactured
in or before 1898, for which ammunition is no longer manufactured in
the United States and is not readily available in the ordinary
channels of commercial trade.
(6) Tracer ammunition manufactured for use in shotguns.
(7) Any firearm or ammunition which is a curio or relic as defined
in Section 178.11 of Title 27 of the Code of Federal Regulations and
which is in the possession of a person permitted to possess the
items pursuant to Chapter 44 (commencing with Section 921) of Title
18 of the United States Code and the regulations issued pursuant
thereto. Any person prohibited by Section 12021, 12021.1, or 12101
of this code or Section 8100 or 8103 of the Welfare and Institutions
Code from possessing firearms or ammunition who obtains title to
these items by bequest or intestate succession may retain title for
not more than one year, but actual possession of these items at any
time is punishable pursuant to Section 12021, 12021.1, or 12101 of
this code or Section 8100 or 8103 of the Welfare and Institutions
Code. Within the year, the person shall transfer title to the
firearms or ammunition by sale, gift, or other disposition. Any
person who violates this paragraph is in violation of subdivision
(a).
(8) Any other weapon as defined in subsection (e) of Section 5845
of Title 26 of the United States Code and which is in the possession
of a person permitted to possess the weapons pursuant to the federal
Gun Control Act of 1968 (Public Law 90-618), as amended, and the
regulations issued pursuant thereto. Any person prohibited by
Section 12021, 12021.1, or 12101 of this code or Section 8100 or 8103
of the Welfare and Institutions Code from possessing these weapons
who obtains title to these weapons by bequest or intestate succession
may retain title for not more than one year, but actual possession
of these weapons at any time is punishable pursuant to Section 12021,
12021.1, or 12101 of this code or Section 8100 or 8103 of the
Welfare and Institutions Code. Within the year, the person shall
transfer title to the weapons by sale, gift, or other disposition.
Any person who violates this paragraph is in violation of subdivision
(a). The exemption provided in this subdivision does not apply to
pen guns.
(9) Instruments or devices that are possessed by federal, state,
and local historical societies, museums, and institutional
collections which are open to the public, provided that these
instruments or devices are properly housed, secured from unauthorized
handling, and, if the instrument or device is a firearm, unloaded.
(10) Instruments or devices, other than short-barreled shotguns or
short-barreled rifles, that are possessed or utilized during the
course of a motion picture, television, or video production or
entertainment event by an authorized participant therein in the
course of making that production or event or by an authorized
employee or agent of the entity producing that production or event.
(11) Instruments or devices, other than short-barreled shotguns or
short-barreled rifles, that are sold by, manufactured by, exposed or
kept for sale by, possessed by, imported by, or lent by persons who
are in the business of selling instruments or devices listed in
subdivision (a) solely to the entities referred to in paragraphs (9)
and (10) when engaging in transactions with those entities.
(12) The sale to, possession of, or purchase of any weapon,
device, or ammunition, other than a short-barreled rifle or
short-barreled shotgun, by any federal, state, county, city and
county, or city agency that is charged with the enforcement of any
law for use in the discharge of their official duties, or the
possession of any weapon, device, or ammunition, other than a
short-barreled rifle or short-barreled shotgun, by peace officers
thereof when on duty and the use is authorized by the agency and is
within the course and scope of their duties.
(13) Weapons, devices, and ammunition, other than a short-barreled
rifle or short-barreled shotgun, that are sold by, manufactured by,
exposed or kept for sale by, possessed by, imported by, or lent by,
persons who are in the business of selling weapons, devices, and
ammunition listed in subdivision (a) solely to the entities referred
to in paragraph (12) when engaging in transactions with those
entities.
(14) The manufacture for, sale to, exposing or keeping for sale
to, importation of, or lending of wooden clubs or batons to special
police officers or uniformed security guards authorized to carry any
wooden club or baton pursuant to Section 12002 by entities that are
in the business of selling wooden batons or clubs to special police
officers and uniformed security guards when engaging in transactions
with those persons.
(15) Any plastic toy handgrenade, or any metal military practice
handgrenade or metal replica handgrenade that is a relic, curio,
memorabilia, or display item, that is filled with a permanent inert
substance or that is otherwise permanently altered in a manner that
prevents ready modification for use as a grenade.
(16) Any instrument, ammunition, weapon, or device listed in
subdivision (a) that is not a firearm that is found and possessed by
a person who meets all of the following:
(A) The person is not prohibited from possessing firearms or
ammunition pursuant to Section 12021 or 12021.1 or paragraph (1) of
subdivision (b) of Section 12316 of this code or Section 8100 or 8103
of the Welfare and Institutions Code.
(B) The person possessed the instrument, ammunition, weapon, or
device no longer than was necessary to deliver or transport the same
to a law enforcement agency for that agency's disposition according
to law.
(C) If the person is transporting the listed item, he or she is
transporting the listed item to a law enforcement agency for
disposition according to law.
(17) Any firearm, other than a short-barreled rifle or
short-barreled shotgun, that is found and possessed by a person who
meets all of the following:
(A) The person is not prohibited from possessing firearms or
ammunition pursuant to Section 12021 or 12021.1 or paragraph (1) of
subdivision (b) of Section 12316 of this code or Section 8100 or 8103
of the Welfare and Institutions Code.
(B) The person possessed the firearm no longer than was necessary
to deliver or transport the same to a law enforcement agency for that
agency's disposition according to law.
(C) If the person is transporting the firearm, he or she is
transporting the firearm to a law enforcement agency for disposition
according to law.
(D) Prior to transporting the firearm to a law enforcement agency,
he or she has given prior notice to that law enforcement agency that
he or she is transporting the firearm to that law enforcement agency
for disposition according to law.
(E) The firearm is transported in a locked container as defined in
subdivision (d) of Section 12026.2.
(18) The possession of any weapon, device, or ammunition, by a
forensic laboratory or any authorized agent or employee thereof in
the course and scope of his or her authorized activities.
(19) The sale of, giving of, lending of, importation into this
state of, or purchase of, any large-capacity magazine to or by any
federal, state, county, city and county, or city agency that is
charged with the enforcement of any law, for use by agency employees
in the discharge of their official duties whether on or off duty, and
where the use is authorized by the agency and is within the course
and scope of their duties.
(20) The sale to, lending to, transfer to, purchase by, receipt
of, or importation into this state of, a large capacity magazine by a
sworn peace officer as defined in Chapter 4.5 (commencing with
Section 830) of Title 3 of Part 2 who is authorized to carry a
firearm in the course and scope of his or her duties.
(21) The sale or purchase of any large-capacity magazine to or by
a person licensed pursuant to Section 12071.
(22) The loan of a lawfully possessed large-capacity magazine
between two individuals if all of the following conditions are met:
(A) The person being loaned the large-capacity magazine is not
prohibited by Section 12021, 12021.1, or 12101 of this code or
Section 8100 or 8103 of the Welfare and Institutions Code from
possessing firearms or ammunition.
(B) The loan of the large-capacity magazine occurs at a place or
location where the possession of the large-capacity magazine is not
otherwise prohibited and the person who lends the large-capacity
magazine remains in the accessible vicinity of the person to whom the
large-capacity magazine is loaned.
(23) The importation of a large-capacity magazine by a person who
lawfully possessed the large-capacity magazine in the state prior to
January 1, 2000, lawfully took it out of the state, and is returning
to the state with the large-capacity magazine previously lawfully
possessed in the state.
(24) The lending or giving of any large-capacity magazine to a
person licensed pursuant to Section 12071, or to a gunsmith, for the
purposes of maintenance, repair, or modification of that
large-capacity magazine.
(25) The return to its owner of any large-capacity magazine by a
person specified in paragraph (24).
(26) The importation into this state of, or sale of, any
large-capacity magazine by a person who has been issued a permit to
engage in those activities pursuant to Section 12079, when those
activities are in accordance with the terms and conditions of that
permit.
(27) The sale of, giving of, lending of, importation into this
state of, or purchase of, any large-capacity magazine, to or by
entities that operate armored vehicle businesses pursuant to the laws
of this state.
(28) The lending of large-capacity magazines by the entities
specified in paragraph (27) to their authorized employees, while in
the course and scope of their employment for purposes that pertain to
the entity's armored vehicle business.
(29) The return of those large-capacity magazines to those
entities specified in paragraph (27) by those employees specified in
paragraph (28).
(30) (A) The manufacture of a large-capacity magazine for any
federal, state, county, city and county, or city agency that is
charged with the enforcement of any law, for use by agency employees
in the discharge of their official duties whether on or off duty, and
where the use is authorized by the agency and is within the course
and scope of their duties.
(B) The manufacture of a large-capacity magazine for use by a
sworn peace officer as defined in Chapter 4.5 (commencing with
Section 830) of Title 3 of Part 2 who is authorized to carry a
firearm in the course and scope of his or her duties.
(C) The manufacture of a large-capacity magazine for export or for
sale to government agencies or the military pursuant to applicable
federal regulations.
(31) The loan of a large-capacity magazine for use solely as a
prop for a motion picture, television, or video production.
(32) The purchase of a large-capacity magazine by the holder of a
special weapons permit issued pursuant to Section 12095, 12230,
12250, 12286, or 12305, for any of the following purposes:
(A) For use solely as a prop for a motion picture, television, or
video production.
(B) For export pursuant to federal regulations.
(C) For resale to law enforcement agencies, government agencies,
or the military, pursuant to applicable federal regulations.
(c) (1) As used in this section, a "short-barreled shotgun" means
any of the following:
(A) A firearm which is designed or redesigned to fire a fixed
shotgun shell and having a barrel or barrels of less than 18 inches
in length.
(B) A firearm which has an overall length of less than 26 inches
and which is designed or redesigned to fire a fixed shotgun shell.
(C) Any weapon made from a shotgun (whether by alteration,
modification, or otherwise) if that weapon, as modified, has an
overall length of less than 26 inches or a barrel or barrels of less
than 18 inches in length.
(D) Any device which may be readily restored to fire a fixed
shotgun shell which, when so restored, is a device defined in
subparagraphs (A) to (C), inclusive.
(E) Any part, or combination of parts, designed and intended to
convert a device into a device defined in subparagraphs (A) to (C),
inclusive, or any combination of parts from which a device defined in
subparagraphs (A) to (C), inclusive, can be readily assembled if
those parts are in the possession or under the control of the same
person.
(2) As used in this section, a "short-barreled rifle" means any of
the following:
(A) A rifle having a barrel or barrels of less than 16 inches in
length.
(B) A rifle with an overall length of less than 26 inches.
(C) Any weapon made from a rifle (whether by alteration,
modification, or otherwise) if that weapon, as modified, has an
overall length of less than 26 inches or a barrel or barrels of less
than 16 inches in length.
(D) Any device which may be readily restored to fire a fixed
cartridge which, when so restored, is a device defined in
subparagraphs (A) to (C), inclusive.
(E) Any part, or combination of parts, designed and intended to
convert a device into a device defined in subparagraphs (A) to (C),
inclusive, or any combination of parts from which a device defined in
subparagraphs (A) to (C), inclusive, may be readily assembled if
those parts are in the possession or under the control of the same
person.
(3) As used in this section, a "nunchaku" means an instrument
consisting of two or more sticks, clubs, bars or rods to be used as
handles, connected by a rope, cord, wire, or chain, in the design of
a weapon used in connection with the practice of a system of
self-defense such as karate.
(4) As used in this section, a "wallet gun" means any firearm
mounted or enclosed in a case, resembling a wallet, designed to be or
capable of being carried in a pocket or purse, if the firearm may be
fired while mounted or enclosed in the case.
(5) As used in this section, a "cane gun" means any firearm
mounted or enclosed in a stick, staff, rod, crutch, or similar
device, designed to be, or capable of being used as, an aid in
walking, if the firearm may be fired while mounted or enclosed
therein.
(6) As used in this section, a "flechette dart" means a dart,
capable of being fired from a firearm, that measures approximately
one inch in length, with tail fins that take up approximately
five-sixteenths of an inch of the body.
(7) As used in this section, "metal knuckles" means any device or
instrument made wholly or partially of metal which is worn for
purposes of offense or defense in or on the hand and which either
protects the wearer's hand while striking a blow or increases the
force of impact from the blow or injury to the individual receiving
the blow. The metal contained in the device may help support the
hand or fist, provide a shield to protect it, or consist of
projections or studs which would contact the individual receiving a
blow.
(8) As used in this section, a "ballistic knife" means a device
that propels a knifelike blade as a projectile by means of a coil
spring, elastic material, or compressed gas. Ballistic knife does
not include any device which propels an arrow or a bolt by means of
any common bow, compound bow, crossbow, or underwater spear gun.
(9) As used in this section, a "camouflaging firearm container"
means a container which meets all of the following criteria:
(A) It is designed and intended to enclose a firearm.
(B) It is designed and intended to allow the firing of the
enclosed firearm by external controls while the firearm is in the
container.
(C) It is not readily recognizable as containing a firearm.
"Camouflaging firearm container" does not include any camouflaging
covering used while engaged in lawful hunting or while going to or
returning from a lawful hunting expedition.
(10) As used in this section, a "zip gun" means any weapon or
device which meets all of the following criteria:
(A) It was not imported as a firearm by an importer licensed
pursuant to Chapter 44 (commencing with Section 921) of Title 18 of
the United States Code and the regulations issued pursuant thereto.
(B) It was not originally designed to be a firearm by a
manufacturer licensed pursuant to Chapter 44 (commencing with Section
921) of Title 18 of the United States Code and the regulations
issued pursuant thereto.
(C) No tax was paid on the weapon or device nor was an exemption
from paying tax on that weapon or device granted under Section 4181
and Subchapters F (commencing with Section 4216) and G (commencing
with Section 4221) of Chapter 32 of Title 26 of the United States
Code, as amended, and the regulations issued pursuant thereto.
(D) It is made or altered to expel a projectile by the force of an
explosion or other form of combustion.
(11) As used in this section, a "shuriken" means any instrument,
without handles, consisting of a metal plate having three or more
radiating points with one or more sharp edges and designed in the
shape of a polygon, trefoil, cross, star, diamond, or other geometric
shape for use as a weapon for throwing.
(12) As used in this section, an "unconventional pistol" means a
firearm that does not have a rifled bore and has a barrel or barrels
of less than 18 inches in length or has an overall length of less
than 26 inches.
(13) As used in this section, a "belt buckle knife" is a knife
which is made an integral part of a belt buckle and consists of a
blade with a length of at least 21/2 inches.
(14) As used in this section, a "lipstick case knife" means a
knife enclosed within and made an integral part of a lipstick case.
(15) As used in this section, a "cane sword" means a cane, swagger
stick, stick, staff, rod, pole, umbrella, or similar device, having
concealed within it a blade that may be used as a sword or stiletto.
(16) As used in this section, a "shobi-zue" means a staff, crutch,
stick, rod, or pole concealing a knife or blade within it which may
be exposed by a flip of the wrist or by a mechanical action.
(17) As used in this section, a "leaded cane" means a staff,
crutch, stick, rod, pole, or similar device, unnaturally weighted
with lead.
(18) As used in this section, an "air gauge knife" means a device
that appears to be an air gauge but has concealed within it a
pointed, metallic shaft that is designed to be a stabbing instrument
which is exposed by mechanical action or gravity which locks into
place when extended.
(19) As used in this section, a "writing pen knife" means a device
that appears to be a writing pen but has concealed within it a
pointed, metallic shaft that is designed to be a stabbing instrument
which is exposed by mechanical action or gravity which locks into
place when extended or the pointed, metallic shaft is exposed by the
removal of the cap or cover on the device.
(20) As used in this section, a "rifle" means a weapon designed or
redesigned, made or remade, and intended to be fired from the
shoulder and designed or redesigned and made or remade to use the
energy of the explosive in a fixed cartridge to fire only a single
projectile through a rifled bore for each single pull of the trigger.
(21) As used in this section, a "shotgun" means a weapon designed
or redesigned, made or remade, and intended to be fired from the
shoulder and designed or redesigned and made or remade to use the
energy of the explosive in a fixed shotgun shell to fire through a
smooth bore either a number of projectiles (ball shot) or a single
projectile for each pull of the trigger.
(22) As used in this section, an "undetectable firearm" means any
weapon which meets one of the following requirements:
(A) When, after removal of grips, stocks, and magazines, it is not
as detectable as the Security Exemplar, by walk-through metal
detectors calibrated and operated to detect the Security Exemplar.
(B) When any major component of which, when subjected to
inspection by the types of X-ray machines commonly used at airports,
does not generate an image that accurately depicts the shape of the
component. Barium sulfate or other compounds may be used in the
fabrication of the component.
(C) For purposes of this paragraph, the terms "firearm," "major
component," and "Security Exemplar" have the same meanings as those
terms are defined in Section 922 of Title 18 of the United States
Code.
All firearm detection equipment newly installed in nonfederal
public buildings in this state shall be of a type identified by
either the United States Attorney General, the Secretary of
Transportation, or the Secretary of the Treasury, as appropriate, as
available state-of-the-art equipment capable of detecting an
undetectable firearm, as defined, while distinguishing innocuous
metal objects likely to be carried on one's person sufficient for
reasonable passage of the public.
(23) As used in this section, a "multiburst trigger activator"
means one of the following devices:
(A) A device designed or redesigned to be attached to a
semiautomatic firearm which allows the firearm to discharge two or
more shots in a burst by activating the device.
(B) A manual or power-driven trigger activating device constructed
and designed so that when attached to a semiautomatic firearm it
increases the rate of fire of that firearm.
(24) As used in this section, a "dirk" or "dagger" means a knife
or other instrument with or without a handguard that is capable of
ready use as a stabbing weapon that may inflict great bodily injury
or death. A nonlocking folding knife, a folding knife that is not
prohibited by Section 653k, or a pocketknife is capable of ready use
as a stabbing weapon that may inflict great bodily injury or death
only if the blade of the knife is exposed and locked into position.
(25) As used in this section, "large-capacity magazine" means any
ammunition feeding device with the capacity to accept more than 10
rounds, but shall not be construed to include any of the following:
(A) A feeding device that has been permanently altered so that it
cannot accommodate more than 10 rounds.
(B) A .22 caliber tube ammunition feeding device.
(C) A tubular magazine that is contained in a lever-action
firearm.
(26) As used in this section, "small arms armor piercing
ammunition" means center-fire ammunition that is .50 caliber and
under and which meets any of the following:
(A) The ammunition has been designated by the United States
military as "armor penetrator," "armor piercing (AP)," "armor
piercing incendiary
(API)," "armor piercing tracer," or "armor-piercing incendiary-tracer
(API-T)."
(B) The ammunition is substantially similar in design or
performance to any ammunition described in subparagraph (A), whether
or not specifically so designated by the military.
(C) The ammunition is described or marketed by the manufacturer or
by any vendor in commerce as having any of the design or performance
characteristics described in subparagraph (A), whether or not so
designated by the military.
(d) Knives carried in sheaths which are worn openly suspended from
the waist of the wearer are not concealed within the meaning of this
section.
SEC. 2. The heading of Chapter 2 (commencing with Section 12200)
of Title 2 of Part 4 of the Penal Code is amended to read:
CHAPTER 2. MACHINE GUNS AND .50 CALIBER SNIPER WEAPONS
SEC. 3. Section 12200 of the Penal Code is amended to read:
12200. (a) The term "machinegun" as used in this
chapter means any weapon which shoots, is designed to shoot, or can
readily be restored to shoot, automatically more than one shot,
without manual reloading, by a single function of the trigger. The
term shall also include the frame or receiver of any such weapon, any
part designed and intended solely and exclusively, or combination of
parts designed and intended, for use in converting a weapon into a
machinegun, and any combination of parts from which a machinegun can
be assembled if such parts are in the possession or under the control
of a person. The term also includes any weapon deemed by the
federal Bureau of Alcohol, Tobacco, and Firearms as readily
convertible to a machinegun under Chapter 53 (commencing with Section
5801) of Title 26 of the United States Code.
(b) The term ".50 caliber sniper weapon" means a rifle capable of
firing a center-fire cartridge in .50 caliber, .50 BMG caliber, any
other variant of .50 caliber, or any metric equivalent of these
calibers.
SEC. 4. Section 12201 of the Penal Code is amended to read:
12201. Nothing in this chapter shall affect or apply to any of
the following:
(a) The sale to, purchase by, or possession of machineguns or
.50 caliber sniper weapons by police departments, sheriffs'
offices, marshals' offices, district attorneys' offices, the
California Highway Patrol, the Department of Justice, the Department
of Corrections for use by the department's Special Emergency Response
Teams and Law Enforcement Liaison/Investigations Unit, or the
military or naval forces of this state or of the United States for
use in the discharge of their official duties.
(b) The possession of machineguns by or .50 caliber sniper
weapons regular, salaried, full-time peace officer members of a
police department, sheriff's office, marshal's office, district
attorney's office, the California Highway Patrol, the Department of
Justice, or the Department of Corrections for use by the department's
Special Emergency Response Teams and Law Enforcement
Liaison/Investigations Unit when on duty and if the use is within the
scope of their duties.
SEC. 5. Section 12221 is added to the Penal Code, to read:
12221. (a) Any person who manufacturers, causes to be
manufactured, distributes, transports, or imports into the state,
keeps for sale, or offers or exposes for sale, or who gives or lends
any .50 caliber sniper weapon, except as provided by this chapter, is
guilty of a felony, and upon conviction shall be punished by
imprisonment in the state prison for four, six or eight years.
(b) Except as provided in Sections 12201 and 12288, any person who
possesses any .50 caliber weapon, except as provided in this
chapter, is guilty of a public offense, punishable by imprisonment in
the state prison, or in a county jail, for a term not exceeding one
year.
SEC. 6. Section 12230 of the Penal Code is amended to read:
12230. The Department of Justice may issue permits for the
possession, manufacture, and transportation or possession,
manufacture, or transportation of machineguns or .50 caliber
sniper weapons , upon a satisfactory showing that good cause
exists for the issuance thereof to the applicant for the permit, but
no permit shall be issued to a person who is under 18 years of age.
(b) Except as provided in Sections 12201 and 12288, every person
who lawfully possesses a .50 caliber sniper weapon prior to January
1, 2003, shall make application for a permit for possession of the
weapon on or before March 31, 2003.
SEC. 7. The heading of Article 4 (commencing with Section 12250)
of Chapter 2 of Title 2 of Part 4 of the Penal Code is amended to
read:
Article 4. Licenses to Sell Machine Guns and .50 Caliber
Sniper Weapons
SEC. 8. Section 12250 of the Penal Code is amended to read:
12250. (a) The Department of Justice may grant licenses in a form
to be prescribed by it effective for not more than one year from the
date of issuance, to permit the sale at the place specified in the
license of machineguns or .50 caliber sniper weapons
subject to all of the following conditions, upon breach of any of
which the license shall be revoked:
1. The business shall be carried on only in the place designated
in the license.
2. The license or a certified copy thereof must be displayed on
the premises in a place where it may easily be read.
3. No machinegun or .50 caliber sniper weapon shall be
delivered to any person not authorized to receive the same under the
provisions of this chapter.
4. A complete record must be kept of sales made under the
authority of the license, showing the name and address of the
purchaser, the descriptions and serial numbers of the weapons
purchased, the number and date of issue of the purchaser's permit, if
any, and the signature of the purchaser or purchasing agent. This
record shall be open to the inspection of any peace officer or other
person designated by the Attorney General.
(b) Applications for licenses shall be filed in writing, signed by
the applicant if an individual or by a member or officer qualified
to sign if the applicant is a firm or corporation, and shall state
the name, business in which engaged, business address and a full
description of the use to which the firearms are to be put.
Applications and licenses shall be uniform throughout the state on
forms prescribed by the Department of Justice.
Each applicant for a license shall pay at the time of filing his
or her application a fee determined by the Department of Justice not
to exceed the application processing costs of the Department of
Justice. A license granted pursuant to this article may be renewed
one year from the date of issuance, and annually thereafter, upon the
filing of a renewal application and the payment of a license renewal
fee not to exceed the application processing costs of the Department
of Justice. After the department establishes fees sufficient to
reimburse the department for processing costs, fees charged shall
increase at a rate not to exceed the legislatively approved annual
cost-of-living adjustments for the department's budget.
SEC. 9. Section 12251 of the Penal Code is amended to read:
12251. It shall be a public nuisance to possess any machinegun
or .50 caliber sniper weapon in violation of this chapter,
and the Attorney General, any district attorney or any city attorney
may bring an action before the superior court to enjoin the
possession of any such that machinegun
or .50 caliber sniper weapon .
Any such machinegun or .50 caliber sniper
weapon found to be in violation of this chapter shall be
surrendered to the Department of Justice, and the department shall
destroy such that machinegun or .
50 caliber sniper weapon so as to render it unusable and
unrepairable as a machinegun or .50 caliber sniper weapon
, except upon the filing of a certificate with the department by a
judge or district attorney stating that the preservation of
such that machinegun or .50 caliber sniper
weapon is necessary to serve the ends of justice.
SEC. 10. Section 12288 of the Penal Code is amended to read:
12288. Any individual may arrange in advance to relinquish an
assault weapon or .50 caliber sniper weapon to a police or
sheriff's department. The assault weapon shall be transported in
accordance with Section 12026.1.
SEC. 11. No reimbursement is required by this act pursuant to
Section 6 of Article XIIIB of the California Constitution because the
only costs that may be incurred by a local agency or school district
will be incurred because this act creates a new crime or infraction,
eliminates a crime or infraction, or changes the penalty for a crime
or infraction, within the meaning of Section 17556 of the Government
Code, or changes the definition of a crime within the meaning of
Section 6 of Article XIIIB of the California Constitution.