BILL NUMBER: SB 238 AMENDED
BILL TEXT
AMENDED IN SENATE MAY 14, 2003
AMENDED IN SENATE MAY 12, 2003
AMENDED IN SENATE MAY 5, 2003
INTRODUCED BY Senator Perata
FEBRUARY 14, 2003
An act to amend Sections 666.7, 11106, 11108.3,
12021, 12028, 12074, 12077, 12201, 12280, 12285, 12287, 12290, and
12301 of the Penal Code, relating to deadly weapons.
LEGISLATIVE COUNSEL'S DIGEST
SB 238, as amended, Perata. Deadly weapons.
Existing law requires police and sheriff's departments to report
specified information about firearms to the federal Bureau of
Alcohol, Tobacco, and Firearms, whenever they recover a firearm that
is illegally possessed, has been used in a crime, or is suspected of
having been used in a crime.
This bill would authorize other law enforcement entities to report
that information, and would additionally authorize any law
enforcement entity to report the information, as described above,
when a firearm is otherwise taken into custody by them, excepting the
case where the firearm is voluntarily placed with the agency for
safekeeping.
Existing law provides that persons convicted of certain
misdemeanors are prohibited from owning or possessing a firearm for a
period of 10 years, as specified.
This bill would delete the provisions imposing the 10-year
prohibition for conviction of a specified misdemeanor regarding
discharge of a firearm at a dwelling, other building, or vehicle, as
specified.
Existing law provides that a firearm owned or possessed in
violation of certain provisions of law is a nuisance.
This bill would provide that with regard to violations of those
specific provisions of law, if the firearm owner disposes of the
firearm pursuant to a specified procedure, then the firearm would not
be a nuisance.
Existing law requires the Attorney General to permanently
keep and maintain specified information reported to the Department
of Justice relating to firearms capable of being concealed on the
person, and to maintain a registry thereof. Existing law
requires a firearms dealer to record specified information pertaining
to a firearms transaction in a register or record of electronic
transfer.
This bill would additionally require the firearms dealer to record
on the register or record of electronic transfer the date that the
firearm is delivered. The bill would allow the Department
of Justice to require a firearms dealer to report this information to
the department, and would require the inclusion of this information,
as the department deems necessary, in the registry described above.
This bill would make other technical conforming amendments
to these provisions.
Existing law generally regulates machineguns, and, in regard to
machineguns, authorizes the sale to, purchase by, and manufacture
for, various law enforcement agencies, and other specified government
entities.
This bill would require that persons selling machineguns to those
entities be permitted and licensed as specified.
Existing law, subject to certain exceptions, makes it a crime,
punishable either as a felony or a misdemeanor, for any person to
possess any assault weapon, as defined. However, if a person charged
with a first-time violation of that offense presents proof that he
or she lawfully possessed the assault weapon within a specified
period, and has since registered the weapon or relinquished it, the
offense is punishable as an infraction, if the person has also
complied with specified conditions, and the firearm would be returned
to the person, subject to exceptions.
This bill would eliminate the provisions authorizing return of the
firearm and instead provide for destruction of the assault weapon.
This bill would make other nonsubstantive conforming changes to
various cross-references necessitated by the bill's provisions.
Existing law authorizes a licensed firearms dealer to sell an
assault weapon to a person who has a permit to possess one.
This bill would additionally require the firearms dealer to have a
permit authorizing the dealer to sell assault weapons.
Existing law defines and generally regulates "destructive devices."
Existing law also generally provides, subject to certain exceptions,
that the possession, transport or sale of destructive devices are
crimes subject to various punishments.
This bill would add to the list of destructive devices, any
flamethrower designed or redesigned for use as a weapon.
By expanding the scope of existing crimes, this bill would impose
a state-mandated local program.
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 666.7 of the Penal Code is amended to read:
666.7. It is the intent of the Legislature that this section
serve merely as a nonsubstantive comparative reference of current
sentence enhancement provisions. Nothing in this section shall have
any substantive effect on the application of any sentence enhancement
contained in any provision of law, including, but not limited to,
all of the following: omission of any sentence enhancement
provision, inclusion of any obsolete sentence enhancement provision,
or inaccurate reference or summary of a sentence enhancement
provision.
It is the intent of the Legislature to amend this section as
necessary to accurately reflect current sentence enhancement
provisions, including the addition of new provisions and the deletion
of obsolete provisions.
For the purposes of this section, the term "sentence enhancement"
means an additional term of imprisonment in the state prison added to
the base term for the underlying offense. A sentence enhancement is
imposed because of the nature of the offense at the time the offense
was committed or because the defendant suffered a qualifying prior
conviction before committing the current offense.
(a) The provisions listed in this subdivision imposing a sentence
enhancement of one year imprisonment in the state prison may be
referenced as Schedule A.
(1) Money laundering when the value of transactions exceeds fifty
thousand dollars ($50,000), but is less than one hundred fifty
thousand dollars ($150,000) (subpara. (A), para. (1), subd. (c), Sec.
186.10, Pen. C.).
(2) Commission of two or more related felonies, a material element
of which is fraud or embezzlement, which involve a pattern of
related felony conduct, involving the taking of more than one hundred
thousand dollars ($100,000) (para. (3), subd. (a), Sec. 186.11, Pen.
C.).
(3) Felony conviction of willful harm or injury to a child,
involving female genital mutilation (subd. (a), Sec. 273.4, Pen. C.).
(4) Prior conviction of felony hate crime with a current
conviction of felony hate crime (subd. (e), Sec. 422.75, Pen. C.).
(5) Harming, obstructing, or interfering with any horse or dog
being used by any peace officer in the discharge or attempted
discharge of his or her duties and, with the intent to so harm,
obstruct, or interfere, personally causing the death, destruction, or
serious physical injury of any horse or dog (subd. (c), Sec. 600,
Pen. C.).
(6) Prior prison term with current felony conviction (subd. (b),
Sec. 667.5, Pen. C.).
(7) Commission of any specified offense against a person who is 65
years of age or older, blind, a paraplegic or quadriplegic, or under
14 years of age (subd. (a), Sec. 667.9, Pen. C.).
(8) Showing child pornography to a minor prior to or during the
commission or attempted commission of any lewd or lascivious act with
the minor (subd. (a), Sec. 667.15, Pen. C.).
(9) Felony conviction of forgery, grand theft, or false pretenses
as part of plan or scheme to defraud an owner in connection with
repairs to a structure damaged by a natural disaster (subd. (a), Sec.
667.16, Pen. C.).
(10) Impersonating a peace officer during the commission of a
felony (Sec. 667.17, Pen. C.).
(11) Felony conviction of any specified offense, including, but
not limited to, forgery, grand theft, and false pretenses, as part of
plan or scheme to defraud an owner in connection with repairs to a
structure damaged by natural disaster with a prior felony conviction
of any of those offenses (subd. (c), Sec. 670, Pen. C.).
(12) Commission or attempted commission of a felony while armed
with a firearm (para. (1), subd. (a), Sec. 12022, Pen. C.).
(13) Personally using a deadly or dangerous weapon in the
commission or attempted commission of a felony (para. (1), subd. (b),
Sec. 12022, Pen. C.).
(14) Taking, damaging, or destroying any property in the
commission or attempted commission of a felony with the intent to
cause that taking, damage, or destruction when the loss exceeds fifty
thousand dollars ($50,000) (para. (1), subd. (a), Sec. 12022.6,
Pen. C.).
(15) Transferring, lending, selling, or giving any assault weapon
to a minor (para. (2), subd. (a), Sec. 12280, Pen. C.).
(16) Manufacturing, causing to be manufactured, distributing,
transporting, importing, keeping for sale, offering or exposing for
sale, giving, or lending any assault weapon while committing another
crime (subd. (d), Sec. 12280, Pen. C.).
(17) Inducing, employing, or using a minor to commit a drug
offense involving heroin, cocaine, or cocaine base, or unlawfully
furnishing one of these controlled substances to a minor, upon the
grounds of, or within, a church, playground, youth center, child day
care facility, or public swimming pool during business hours or
whenever minors are using the facility (para. (1), subd. (a), Sec.
11353.1, H.& S.C.).
(18) Inducing another person to commit a drug offense as part of
the drug transaction for which the defendant is convicted when the
value of the controlled substance involved exceeds five hundred
thousand dollars ($500,000) (para. (1), subd. (a), Sec. 11356.5, H.&
S.C.).
(19) Manufacturing, compounding, converting, producing, deriving,
processing, or preparing methamphetamine or phencyclidine (PCP), or
attempting to commit any of those acts, or possessing specified
combinations of substances with the intent to manufacture either
methamphetamine or phencyclidine (PCP), when the commission or
attempted commission of the offense causes the death or great bodily
injury of another person other than an accomplice (subd. (a), Sec.
11379.9, H.& S.C.).
(20) Using a minor to commit a drug offense involving
phencyclidine (PCP), methamphetamine, or lysergic acid diethylamide
(LSD), or unlawfully furnishing one of these controlled substances to
a minor, when the commission of the offense occurs upon the grounds
of, or within, a church, playground, youth center, child day care
facility, or public swimming pool during business hours or whenever
minors are using the facility (para. (1), subd. (a), Sec. 11380.1,
H.& S.C.).
(21) Possessing for sale, or selling, heroin, cocaine, cocaine
base, methamphetamine, or phencyclidine (PCP), when the commission of
the offense occurs upon the grounds of a public park, public
library, or oceanfront beach (para. (1), subd. (a), Sec. 11380.5, H.&
S.C.).
(22) Causing bodily injury or death to more than one victim in any
one instance of driving under the influence of any alcoholic
beverage or drug (Sec. 23558, Veh. C.).
(23) Fraudulently appropriating food stamps, electronically
transferred benefits, or authorizations to participate in the federal
Food Stamp Program entrusted to a public employee, or knowingly
using, transferring, selling, purchasing, or possessing any of the
same in an unauthorized manner, when the offense is committed by
means of an electronic transfer of benefits in an amount exceeding
fifty thousand dollars ($50,000), but less than one hundred fifty
thousand dollars ($150,000) (subpara. (A), para. (1), subd. (h), Sec.
10980, W.& I.C.).
(b) The provisions listed in this subdivision imposing a sentence
enhancement of one, two, or three years' imprisonment in the state
prison may be referenced as Schedule B.
(1) Commission or attempted commission of a felony hate crime
(subd. (a), Sec. 422.75, Pen. C.).
(2) Commission or attempted commission of a felony against the
property of a public or private institution because the property is
associated with a person or group of identifiable race, color,
religion, nationality, country of origin, ancestry, gender,
disability, or sexual orientation (subd. (b), Sec. 422.75, Pen. C.).
(3) Felony conviction of unlawfully causing a fire of any
structure, forest land, or property when the defendant has been
previously convicted of arson or unlawfully causing a fire, or when a
firefighter, peace officer, or emergency personnel suffered great
bodily injury, or when the defendant proximately caused great bodily
injury to more than one victim, or caused multiple structures to burn
(subd. (a), Sec. 452.1, Pen. C.).
(4) Carrying a loaded or unloaded firearm during the commission or
attempted commission of any felony street gang crime (subd. (a),
Sec. 12021.5, Pen. C.).
(5) Personally using a deadly or dangerous weapon in the
commission of carjacking or attempted carjacking (para. (2), subd.
(b), Sec. 12022, Pen. C.).
(6) Being a principal in the commission or attempted commission of
any specified drug offense, knowing that another principal is
personally armed with a firearm (subd. (d), Sec. 12022, Pen. C.).
(7) Furnishing or offering to furnish a firearm to another for the
purpose of aiding, abetting, or enabling that person or any other
person to commit a felony (Sec. 12022.4, Pen. C.).
(8) Selling, supplying, delivering, or giving possession or
control of a firearm to any person within a prohibited class or to a
minor when the firearm is used in the subsequent commission of a
felony (para. (4), subd. (g), Sec. 12072, Pen. C.).
(9) Inducing, employing, or using a minor who is at least four
years younger than the defendant to commit a drug offense involving
any specified controlled substance, including, but not limited to,
heroin, cocaine, and cocaine base, or unlawfully providing one of
these controlled substances to a minor (para. (3), subd. (a), Sec.
11353.1, H.& S.C.).
(10) Prior conviction of inducing, employing, or using a minor to
commit a drug offense involving cocaine base, or unlawfully providing
cocaine base to a minor that resulted in a prison sentence with a
current conviction of the same offense (subd. (a), Sec. 11353.4, H.&
S.C.).
(11) Prior conviction of inducing, employing, or using a minor to
commit a drug offense involving cocaine base, or unlawfully providing
cocaine base to a minor with a current conviction of the same
offense involving a minor who is 14 years of age or younger (subd.
(b), Sec. 11353.4, H.& S.C.).
(12) Inducing, employing, or using a minor who is at least four
years younger than the defendant to commit a drug offense involving
any specified controlled substance, including, but not limited to,
phencyclidine (PCP), methamphetamine, and lysergic acid diethylamide
(LSD), or unlawfully providing one of these controlled substances to
a minor (para. (3), subd. (a), Sec. 11380.1, H.& S.C.).
(13) Causing great bodily injury or a substantial probability that
death could result by the knowing disposal, transport, treatment,
storage, burning, or incineration of any hazardous waste at a
facility without permits or at an unauthorized point (subd. (e), Sec.
25189.5, and subd. (c), Sec. 25189.7, H.& S.C.).
(c) The provisions listed in this subdivision imposing a sentence
enhancement of one, two, or five years' imprisonment in the state
prison may be referenced as Schedule C.
(1) Wearing a bullet-resistant body vest in the commission or
attempted commission of a violent offense (subd. (b), Sec. 12022.2,
Pen. C.).
(2) Commission or attempted commission of any specified sex
offense while armed with a firearm or deadly weapon (subd. (b), Sec.
12022.3, Pen. C.).
(d) The provisions listed in this subdivision imposing a sentence
enhancement of 16 months, or two or three years' imprisonment in the
state prison may be referenced as Schedule D.
(1) Knowing failure to register pursuant to Section 186.30 and
subsequent conviction or violation of Section 186.30, as specified
(para. (1), subd. (b), Sec. 186.33, Pen. C.).
(e) The provisions listed in this subdivision imposing a sentence
enhancement of two years' imprisonment in the state prison may be
referenced as Schedule E.
(1) Money laundering when the value of the transactions exceeds
one hundred fifty thousand dollars ($150,000), but is less than one
million dollars ($1,000,000) (subpara. (B), para. (1), subd. (c),
Sec. 186.10, Pen. C.).
(2) Commission of two or more related felonies, a material element
of which is fraud or embezzlement, which involve a pattern of
related felony conduct, involving the taking of more than one hundred
fifty thousand dollars ($150,000) (para. (3), subd. (a), Sec.
186.11, Pen. C.).
(3) Conviction of any specified felony sex offense that is
committed after fleeing to this state under specified circumstances
(subd. (d), Sec. 289.5, Pen. C.).
(4) Prior conviction of any specified insurance fraud offense with
current conviction of willfully injuring, destroying, secreting,
abandoning, or disposing of any property insured against loss or
damage by theft, embezzlement, or any casualty with the intent to
defraud or prejudice the insurer (subd. (b), Sec. 548, Pen. C.).
(5) Prior conviction of any specified insurance fraud offense with
current conviction of knowingly presenting any false or fraudulent
insurance claim or multiple claims for the same loss or injury, or
knowingly causing or participating in a vehicular collision for the
purpose of presenting any false or fraudulent claim, or providing
false or misleading information or concealing information for purpose
of insurance fraud (subd. (e), Sec. 550, Pen. C.).
(6) Causing serious bodily injury as a result of knowingly causing
or participating in a vehicular collision or accident for the
purpose of presenting any false or fraudulent claim (subd. (g), Sec.
550, Pen. C.).
(7) Harming, obstructing, or interfering with any horse or dog
being used by any peace officer in the discharge or attempted
discharge of his or her duties and, with the intent to cause great
bodily injury, personally causing great bodily injury to any person
other than an accomplice (subd. (d), Sec. 600, Pen. C.).
(8) Prior conviction of any specified offense with current
conviction of any of those offenses committed against a person who is
65 years of age or older, blind, a paraplegic or quadriplegic, or
under 14 years of age (subd. (b), Sec. 667.9, Pen. C.).
(9) Prior conviction for sexual penetration with current
conviction of the same offense committed against a person who is 65
years of age or older, blind, deaf, developmentally disabled, a
paraplegic or quadriplegic, or under 14 years of age (subd. (a), Sec.
667.10, Pen. C.).
(10) Showing child pornography to a minor prior to or during the
commission or attempted commission of continuous sexual abuse of the
minor (subd. (b), Sec. 667.15, Pen. C.).
(11) Primary care provider in a day care facility committing any
specified felony sex offense against a minor entrusted to his or her
care (subd. (a), Sec. 674, Pen. C.).
(12) Commission of a felony offense while released from custody on
bail or own recognizance (subd. (b), Sec. 12022.1, Pen. C.).
(13) Taking, damaging, or destroying any property in the
commission or attempted commission of a felony with the intent to
cause that taking, damage, or destruction when the loss exceeds one
hundred fifty thousand dollars ($150,000) (para. (2), subd. (a), Sec.
12022.6, Pen. C.).
(14) Inducing, employing, or using a minor to commit a drug
offense involving heroin, cocaine, or cocaine base, or unlawfully
furnishing one of these controlled substances to a minor, upon, or
within 1,000 feet of, the grounds of a school during school hours or
whenever minors are using the facility (para. (2), subd. (a), Sec.
11353.1, H.& S.C.).
(15) Inducing another person to commit a drug offense as part of
the drug transaction for which the defendant is convicted when the
value of the controlled substance involved exceeds two million
dollars ($2,000,000) (para. (2), subd. (a), Sec. 11356.5, H.& S.C.).
(16) Manufacturing, compounding, converting, producing, deriving,
processing, or preparing methamphetamine or phencyclidine (PCP), or
attempting to commit any of those acts, or possessing specified
combinations of substances with the intent to manufacture either
methamphetamine or phencyclidine (PCP), when the commission or
attempted commission of the crime occurs in a structure where any
child under 16 years of age is present (subd. (a), Sec. 11379.7, H.&
S.C.).
(17) Using a minor to commit a drug offense involving
phencyclidine (PCP), methamphetamine, or lysergic acid diethylamide
(LSD), or unlawfully furnishing one of these controlled substances to
a minor, upon, or within 1,000 feet of, the grounds of a school
during school hours or whenever minors are using the facility (para.
(2), subd. (a), Sec. 11380.1, H.& S.C.).
(18) Prior felony conviction of any specified insurance fraud
offense with a current conviction of making false or fraudulent
statements concerning a workers' compensation claim (subd. (c), Sec.
1871.4, Ins. C.).
(19) Prior felony conviction of making or causing to be made any
knowingly false or fraudulent statement of any fact material to the
determination of the premium, rate, or cost of any policy of workers'
compensation insurance for the purpose of reducing the premium,
rate, or cost of the insurance with a current conviction of the same
offense (subd. (b), Sec. 11760, Ins. C.).
(20) Prior felony conviction of making or causing to be made any
knowingly false or fraudulent statement of any fact material to the
determination of the premium, rate, or cost of any policy of workers'
compensation insurance issued or administered by the State
Compensation Insurance Fund for the purpose of reducing the premium,
rate, or cost of the insurance with a current conviction of the same
offense (subd. (b), Sec. 11880, Ins. C.).
(21) Fraudulently appropriating food stamps, electronically
transferred benefits, or authorizations to participate in the federal
Food Stamp Program entrusted to a public employee, or knowingly
using, transferring, selling, purchasing, or possessing, any of the
same in an unauthorized manner, when the offense is committed by
means of an electronic transfer of benefits in an amount exceeding
one hundred fifty thousand dollars ($150,000), but less than one
million dollars ($1,000,000) (subpara. (B), para. (1), subd. (h),
Sec. 10980, W.& I.C.).
(f) The provisions listed in this subdivision imposing a sentence
enhancement of two, three, or four years' imprisonment in the state
prison may be referenced as Schedule F.
(1) Commission of a felony, other than a serious or violent
felony, for the benefit of, at the direction of, or in association
with, any criminal street gang, with the specific intent to promote,
further, or assist in any criminal conduct by gang members (subpara.
(A), para. (1), subd. (b), Sec. 186.22, Pen. C.).
(2) Acting in concert with another person or aiding or abetting
another person in committing or attempting to commit a felony hate
crime (subd. (c), Sec. 422.75, Pen. C.).
(3) Carrying a loaded or unloaded firearm together with a
detachable shotgun magazine, a detachable pistol magazine, a
detachable magazine, or a belt-feeding device during the commission
or attempted commission of any felony street gang crime (subd. (b),
Sec. 12021.5, Pen. C.).
(g) The provisions listed in this subdivision imposing a sentence
enhancement of two, three, or five years' imprisonment in the state
prison may be referenced as Schedule G.
(1) Commission of two or more related felonies, a material element
of which is fraud or embezzlement, which involve a pattern of
related felony conduct, involving the taking of more than five
hundred thousand dollars ($500,000) (para. (2), subd. (a), Sec.
186.11, Pen. C.).
(h) The provisions listed in this subdivision imposing a sentence
enhancement of three years' imprisonment in the state prison may be
referenced as Schedule H.
(1) Money laundering when the value of transactions exceeds one
million dollars ($1,000,000), but is less than two million five
hundred thousand dollars ($2,500,000) (subpara. (C), para. (1), subd.
(c), Sec. 186.10, Pen. C.).
(2) Solicitation, recruitment, or coercion, of a minor to actively
participate in a criminal street gang (subd. (d), Sec. 186.26, Pen.
C.).
(3) Willfully mingling any poison or harmful substance which may
cause death if ingested, or which causes the infliction of great
bodily injury on any person, with any food, drink, medicine, or
pharmaceutical product or willfully placing that poison or harmful
substance in any spring, well, reservoir, or public water supply
(para. (2), subd. (a), Sec. 347, Pen. C.).
(4) Causing great bodily injury by willfully causing or permitting
any elder or dependent adult to suffer, or inflicting pain or mental
suffering upon, or endangering the health of, an elder or dependent
adult when the victim is under 70 years of age (subpara. (A), para.
(2), subd. (b), Sec. 368, Pen. C.).
(5) Maliciously driving or placing, in any tree, saw-log,
shingle-bolt, or other wood, any iron, steel, ceramic, or other
substance sufficiently hard to injure saws and causing bodily injury
to another person other than an accomplice (subd. (b), Sec. 593a,
Pen. C.).
(6) Prior prison term for violent felony with current violent
felony conviction (subd. (a), Sec. 667.5, Pen. C.).
(7) Commission of any specified felony sex offense by a primary
care provider in a day care facility against a minor entrusted to his
or her care while voluntarily acting in concert with another (subd.
(b), Sec. 674, Pen. C.).
(8) Commission or attempted commission of a felony while armed
with an assault weapon or a machinegun (para. (2), subd. (a), Sec.
12022, Pen. C.).
(9) Taking, damaging, or destroying any property in the commission
or attempted commission of a felony with the intent to cause that
taking, damage, or destruction when the loss exceeds one million
dollars ($1,000,000) (para. (3), subd. (a), Sec. 12022.6, Pen. C.).
(10) Personally inflicting great bodily injury on any person other
than an accomplice in the commission or attempted commission of a
felony (subd. (a), Sec. 12022.7, Pen. C.).
(11) Administering by injection, inhalation, ingestion, or any
other means, any specified controlled substance against the victim's
will by means of force, violence, or fear of immediate and unlawful
bodily injury to the victim or another person for the purpose of
committing a felony (Sec. 12022.75, Pen. C.).
(12) Commission of any specified sex offense with knowledge that
the defendant has acquired immune deficiency syndrome (AIDS) or with
the knowledge that he or she carries antibodies of the human
immunodeficiency virus at the time of the commission of the offense
(subd. (a), Sec. 12022.85, Pen. C.).
(13) Inducing another person to commit a drug offense as part of
the drug transaction for which the defendant is convicted when the
value of the controlled substance involved exceeds five million
dollars ($5,000,000) (para. (3), subd. (a), Sec. 11356.5, H.& S.C.).
(14) Prior conviction of any specified drug offense with current
conviction of any specified drug offense (subds. (a), (b), and (c),
Sec. 11370.2, H.& S.C.).
(15) Commission of any specified drug offense involving a
substance containing heroin, cocaine base, cocaine, methamphetamine,
amphetamine, or phencyclidine (PCP), when the substance exceeds one
kilogram or 30 liters (para. (1), subd. (a), and para. (1), subd.
(b), Sec. 11370.4, H.& S.C.).
(16) Manufacturing, compounding, converting, producing, deriving,
processing, or preparing any substance containing amphetamine,
methamphetamine, or phencyclidine (PCP) or its analogs or precursors,
or attempting to commit any of those acts, when the substance
exceeds three gallons or one pound (para. (1), subd. (a), Sec.
11379.8, H.& S.C.).
(17) Four or more prior convictions of specified alcohol-related
vehicle offenses with current conviction of driving under the
influence and causing great bodily injury (subd. (c), Sec. 23566,
Veh. C.).
(18) Fraudulently appropriating food stamps, electronically
transferred benefits, or authorizations to participate in the federal
Food Stamp Program entrusted to a public employee, or knowingly
using, transferring, selling, purchasing, or possessing, any of the
same in an unauthorized manner, when the offense is committed by
means of an electronic transfer of benefits in an amount exceeding
one million dollars ($1,000,000), but less than two million five
hundred thousand dollars ($2,500,000) (subpara. (C), para. (1), subd.
(h), Sec. 10980, W.& I.C.).
(i) The provisions listed in this subdivision imposing a sentence
enhancement of three, four, or five years' imprisonment in the state
prison may be referenced as Schedule I.
(1) Commission of felony arson with prior conviction of arson or
unlawfully starting a fire, or causing great bodily injury to a
firefighter, peace officer, other emergency personnel, or multiple
victims, or causing the burning of multiple structures, or using an
accelerator or ignition delay device (subd. (a), Sec. 451.1, Pen.
C.).
(2) Commission or attempted commission of any specified drug
offense while personally armed with a firearm (subd. (c), Sec. 12022,
Pen. C.).
(3) Personally inflicting great bodily injury under circumstances
involving domestic violence in the commission or attempted commission
of a felony (subd. (e), Sec. 12022.7, Pen. C.).
(4) Commission of any specified drug offense involving cocaine
base, heroin, or methamphetamine, or a conspiracy to commit any of
those offenses, upon the grounds of, or within 1,000 feet of, a
school during school hours or when minors are using the facility
(subd. (b), Sec. 11353.6, H.& S.C.).
(5) Commission of any specified drug offense involving cocaine
base, heroin, or methamphetamine, or a conspiracy to violate any of
those offenses, involving a minor who is at least four years younger
than the defendant (subd. (c), Sec. 11353.6, H.& S.C.).
(j) The provisions listed in this subdivision imposing a sentence
enhancement of 3, 4, or 10 years' imprisonment in the state prison
may be referenced as Schedule J.
(1) Commission or attempted commission of any felony while armed
with a firearm and in the immediate possession of ammunition for the
firearm designed primarily to penetrate metal or armor (subd. (a),
Sec. 12022.2, Pen. C.).
(2) Commission or attempted commission of any specified sex
offense while using a firearm or deadly weapon (subd. (a), Sec.
12022.3, Pen. C.).
(3) Commission or attempted commission of a felony while
personally using a firearm (para. (1), subd. (a), Sec. 12022.5, Pen.
C.).
(4) Commission or attempted commission of any specified drug
offense while personally using a firearm (subd. (c), Sec. 12022.5,
Pen. C.).
(k) The provisions listed in this subdivision imposing a
sentence enhancement of four years' imprisonment in the state prison
may be referenced as Schedule K.
(1) Money laundering when the value of transactions exceeds two
million five hundred thousand dollars ($2,500,000) (subpara. (D),
para. (1), subd. (c), Sec. 186.10, Pen. C.).
(2) Prior conviction of willfully inflicting upon a child any
cruel or inhuman corporal punishment or injury resulting in a
traumatic condition with current conviction of that offense (subd.
(b), Sec. 273d, Pen. C.).
(3) Taking, damaging, or destroying any property in the commission
or attempted commission of a felony with the intent to cause that
taking, damage, or destruction when the loss exceeds two million five
hundred thousand dollars ($2,500,000) (para. (4), subd. (a), Sec.
12022.6, Pen. C.).
(4) Personally, willfully, and maliciously discharging a firearm
from a motor vehicle at another person other than an occupant of a
motor vehicle and causing a victim to suffer paralysis or paraparesis
of a major body part (para. (1), subd. (b), Sec. 12022.9, Pen. C.).
(5) Personally, willfully, and maliciously discharging a firearm
from a motor vehicle at another occupied motor vehicle and causing a
victim to suffer paralysis or paraparesis of a major body part (para.
(2), subd. (b), Sec. 12022.9, Pen. C.).
(6) Willfully causing or permitting any child to suffer, or
inflicting on the child unjustifiable physical pain or injury that
results in death under circumstances or conditions likely to produce
great bodily harm or death, or, having the care or custody of any
child, willfully causing or permitting that child to be injured or
harmed under circumstances likely to produce great bodily harm or
death, when that injury or harm results in death (Sec. 12022.95,
Pen. C.).
(7) Fraudulently appropriating food stamps, electronically
transferred benefits, or authorizations to participate in the federal
Food Stamp Program entrusted to a public employee, or knowingly
using, transferring, selling, purchasing, or possessing, any of the
same in an unauthorized manner, when the offense is committed by
means of an electronic transfer of benefits in an amount exceeding
two million five hundred thousand dollars ($2,500,000) (subpara. (D),
para. (1), subd. (h), Sec. 10980, W.& I.C.).
(8) Execution of a scheme or artifice to defraud the Medi-Cal
program or any other health care program administered by the State
Department of Health Services or its agents or contractors, or to
obtain under false or fraudulent pretenses, representations, or
promises any property owned by or under the custody of the Medi-Cal
program or any health care program administered by the department,
its agents, or contractors under circumstances likely to cause or
that do cause two or more persons great bodily injury (subd. (d),
Sec. 14107, W.& I.C.).
(l) The provisions listed in this subdivision imposing a sentence
enhancement of four, five, or six years' imprisonment in the state
prison may be referenced as Schedule L.
(1) Personally inflicting great bodily injury on a child under the
age of five years in the commission or attempted commission of a
felony (subd. (d), Sec. 12022.7, Pen. C.).
(m) The provisions listed in this subdivision imposing a sentence
enhancement of 4, 5, or 10 years' imprisonment in the state prison
may be referenced as Schedule M.
(1) Commission or attempted commission of a felony while
personally using a firearm with prior conviction of carjacking or
attempted carjacking (para. (2), subd. (a), Sec. 12022.5, Pen. C.).
(n) The provisions listed in this subdivision imposing a sentence
enhancement of five years' imprisonment in the state prison may be
referenced as Schedule N.
(1) Commission of a serious felony for the benefit of, at the
direction of, or in association with, any criminal street gang, with
the specific intent to promote, further, or assist in any criminal
conduct by gang members (subpara. (B), para. (1), subd. (b), Sec.
186.22, Pen. C.).
(2) Using sex offender registration information to commit a felony
(para. (1), subd. (q), Sec. 290, and para. (1), subd. (b), Sec.
290.4, Pen. C.).
(3) Causing great bodily injury by willfully causing or permitting
any elder or dependent adult to suffer, or inflicting pain or mental
suffering upon, or endangering the health of, an elder or dependent
adult when the victim is 70 years of age or older (subpara. (B),
para. (2), subd. (b), Sec. 368, Pen. C.).
(4) Causing death by willfully causing or permitting any elder or
dependent adult to suffer, or inflicting pain or mental suffering
upon, or endangering the health of, an elder or dependent adult when
the victim is under 70 years of age (subpara. (A), para. (3), subd.
(b), Sec. 368, Pen. C.).
(5) Two prior felony convictions of knowingly causing or
participating in a vehicular collision or accident for the purpose of
presenting any false or fraudulent claim with current conviction of
the same (subd. (f), Sec. 550, Pen. C.).
(6) Prior conviction of a serious felony with current conviction
of a serious felony (para. (1), subd. (a), Sec. 667, Pen. C.).
(7) Prior conviction of any specified sex offense with current
conviction of lewd and lascivious acts with a child under 14 years of
age (subd. (a), Sec. 667.51, Pen. C.).
(8) Prior conviction of any specified sex offense with current
conviction of any of those sex offenses (subd. (a), Sec. 667.6, Pen.
C.).
(9) Kidnapping or carrying away any child under 14 years of age
with the intent to permanently deprive the parent or legal guardian
custody of that child (Sec. 667.85, Pen. C.).
(10) Personally inflicting great bodily injury on any person other
than an accomplice in the commission or attempted commission of a
felony that causes the victim to become comatose due to a brain
injury or to suffer paralysis of a permanent nature (subd. (b), Sec.
12022.7, Pen. C.).
(11) Personally inflicting great bodily injury on another person
who is 70 years of age or older other than an accomplice in the
commission or attempted commission of a felony (subd. (c), Sec.
12022.7, Pen. C.).
(12) Inflicting great bodily injury on any victim in the
commission or attempted commission of any specified sex offense (Sec.
12022.8, Pen. C.).
(13) Personally and intentionally inflicting injury upon a
pregnant woman during the commission or attempted commission of a
felony that results in the termination of the pregnancy when the
defendant knew or reasonably should have known that the victim was
pregnant (subd. (a), Sec. 12022.9, Pen. C.).
(14) Using information disclosed to the licensee of a community
care facility by a prospective client regarding his or her status as
a sex offender to commit a felony (subd. (c), Sec. 1522.01, H.&
S.C.).
(15) Commission of any specified drug offense involving a
substance containing heroin, cocaine base, cocaine, methamphetamine,
amphetamine, or phencyclidine (PCP), when the substance exceeds 4
kilograms or 100 liters (para. (2), subd. (a), and para. (2), subd.
(b), Sec. 11370.4, H.& S.C.).
(16) Manufacturing, compounding, converting, producing, deriving,
processing, or preparing methamphetamine or phencyclidine (PCP), or
attempting to commit any of those acts, or possessing specified
combinations of substances with the intent to manufacture either
methamphetamine or phencyclidine (PCP), when the commission of the
crime causes any child under 16 years of age to suffer great bodily
injury (subd. (b), Sec. 11379.7, H.& S.C.).
(17) Manufacturing, compounding, converting, producing, deriving,
processing, or preparing any substance containing amphetamine,
methamphetamine, or phencyclidine (PCP) or its analogs or precursors,
or attempting to commit any of those acts, when the substance
exceeds 10 gallons or three pounds (para. (2), subd. (a), Sec.
11379.8, H.& S.C.).
(18) Fleeing the scene of the crime after commission of vehicular
manslaughter (subd. (c), Sec. 20001, Veh. C.).
(o) The provisions listed in this subdivision imposing a sentence
enhancement of 5, 6, or 10 years' imprisonment in the state prison
may be referenced as Schedule O.
(1) Discharging a firearm at an occupied motor vehicle in the
commission or attempted commission of a felony which caused great
bodily injury or death to another person (para. (1), subd. (b), Sec.
12022.5, Pen. C.).
(2) Commission or attempted commission of a felony while
personally using an assault weapon or a machinegun (para. (2), subd.
(b), Sec. 12022.5, Pen. C.).
(3) Discharging a firearm from a motor vehicle in the commission
or attempted commission of a felony with the intent to inflict great
bodily injury or death and causing great bodily injury or death (Sec.
12022.55, Pen. C.).
(p) The provisions listed in this subdivision imposing a sentence
enhancement of seven years' imprisonment in the state prison may be
referenced as Schedule P.
(1) Causing death by willfully causing or permitting any elder or
dependent adult to suffer, or inflicting pain or mental suffering
upon, or endangering the health of, an elder or dependent adult when
the victim is 70 years of age or older (subpara. (B), para. (3),
subd. (b), Sec. 368, Pen. C.).
(q) The provisions listed in this subdivision imposing a sentence
enhancement of nine years' imprisonment in the state prison may be
referenced as Schedule Q.
(1) Kidnapping a victim for the purpose of committing any
specified felony sex offense (subd. (a), Sec. 667.8, Pen. C.).
(r) The provisions listed in this subdivision imposing a sentence
enhancement of 10 years' imprisonment in the state prison may be
referenced as Schedule R.
(1) Commission of a violent felony for the benefit of, at the
direction of, or in association with, any criminal street gang, with
the specific intent to promote, further, or assist in any criminal
conduct by gang members (subpara. (C), para. (1), subd. (b), Sec.
186.22, Pen. C.).
(2) Two or more prior prison terms for any specified sex offense
with current conviction of any of those sex offenses (subd. (b), Sec.
667.6, Pen. C.).
(3) Commission or attempted commission of any specified felony
offense while personally using a firearm (subd. (b), Sec. 12022.53,
Pen. C.).
(4) Commission of any specified drug offense involving a substance
containing heroin, cocaine base, cocaine, methamphetamine,
amphetamine, or phencyclidine (PCP), when the substance exceeds 10
kilograms or 200 liters (para. (3), subd. (a), and para. (3), subd.
(b), Sec. 11370.4, H.& S.C.).
(5) Manufacturing, compounding, converting, producing, deriving,
processing, or preparing any substance containing amphetamine,
methamphetamine, or phencyclidine (PCP) or its analogs or precursors,
or attempting to commit any of those acts, when the substance
exceeds 25 gallons or 10 pounds (para. (3), subd. (a), Sec. 11379.8,
H.& S.C.).
(s) The provisions listed in this subdivision imposing a sentence
enhancement of 15 years' imprisonment in the state prison may be
referenced as Schedule S.
(1) Kidnapping a victim under 14 years of age for the purpose of
committing any specified felony sex offense (subd. (b), Sec. 667.8,
Pen. C.).
(2) Commission of any specified drug offense involving a substance
containing heroin, cocaine base, cocaine, methamphetamine,
amphetamine, or phencyclidine (PCP), when the substance exceeds 20
kilograms or 400 liters (para. (4), subd. (a), and para. (4), subd.
(b), Sec. 11370.4, H.& S.C.).
(3) Manufacturing, compounding, converting, producing, deriving,
processing, or preparing any substance containing amphetamine,
methamphetamine, or phencyclidine (PCP) or its analogs or precursors,
or attempting to commit any of those acts, when the substance
exceeds 105 gallons or 44 pounds (para. (4), subd. (a), Sec. 11379.8,
H.& S.C.).
(t) The provisions listed in this subdivision imposing a sentence
enhancement of 20 years' imprisonment in the state prison may be
referenced as Schedule T.
(1) Intentionally and personally discharging a firearm in the
commission or attempted commission of any specified felony offense
(subd. (c), Sec. 12022.53, Pen. C.).
(2) Commission of any specified drug offense involving a substance
containing heroin, cocaine base, or cocaine, when the substance
exceeds 40 kilograms (para. (5), subd. (a), Sec. 11370.4, H.& S.C.).
(u) The provisions listed in this subdivision imposing a sentence
enhancement of 25 years' imprisonment in the state prison may be
referenced as Schedule U.
(1) Commission of any specified drug offense involving a substance
containing heroin, cocaine base, or cocaine, when the substance
exceeds 80 kilograms (para. (6), subd. (a), Sec. 11370.4, H.& S.C.).
(v) The provisions listed in this subdivision imposing a sentence
enhancement of 25 years to life imprisonment in the state prison may
be referenced as Schedule V.
(1) Intentionally and personally discharging a firearm in the
commission or attempted commission of any specified felony offense
and proximately causing great bodily injury to any person other than
an accomplice (subd. (d), Sec. 12022.53, Pen. C.).
SEC. 2. Section 11106 of the Penal Code is amended to
read:
11106. (a) In order to assist in the investigation of crime, the
prosecution of civil actions by city attorneys pursuant to paragraph
(3) of subdivision (c), the arrest and prosecution of criminals, and
the recovery of lost, stolen, or found property, the Attorney General
shall keep and properly file a complete record of all copies of
fingerprints, copies of applications for licenses to carry firearms
issued pursuant to Section 12050, information reported to the
Department of Justice pursuant to Section 12053, dealers' records of
sales of firearms, reports provided pursuant to Section 12072 or
12078, forms provided pursuant to Section 12084, reports provided
pursuant to Section 12071 that are not dealers' records of sales of
firearms, and reports of stolen, lost, found, pledged, or pawned
property in any city or county of this state, and shall, upon proper
application therefor, furnish to the officers mentioned in Section
11105, hard copy printouts of those records as photographic,
photostatic, and nonerasable optically stored reproductions.
(b) (1) Notwithstanding subdivision (a), the Attorney General
shall not retain or compile any information from reports filed
pursuant to subdivision (a) of Section 12078 for firearms that are
not pistols, revolvers, or other firearms capable of being concealed
upon the person, from forms submitted pursuant to Section 12084 for
firearms that are not pistols, revolvers, or other firearms capable
of being concealed upon the person, or from dealers' records of sales
for firearms that are not pistols, revolvers, or other firearms
capable of being concealed upon the person. All copies of the forms
submitted, or any information received in electronic form, pursuant
to Section 12084 for firearms that are not pistols, revolvers, or
other firearms capable of being concealed upon the person, or of the
dealers' records of sales for firearms that are not pistols,
revolvers, or other firearms capable of being concealed upon the
person shall be destroyed within five days of the clearance by the
Attorney General, unless the purchaser or transferor is ineligible to
take possession of the firearm. All copies of the reports filed, or
any information received in electronic form, pursuant to subdivision
(a) of Section 12078 for firearms that are not pistols, revolvers,
or other firearms capable of being concealed upon the person shall be
destroyed within five days of the receipt by the Attorney General,
unless retention is necessary for use in a criminal prosecution.
(2) A peace officer, the Attorney General, a Department of Justice
employee designated by the Attorney General, or any authorized local
law enforcement employee shall not retain or compile any information
from a firearms transaction record, as defined in paragraph (5) of
subdivision (c) of Section 12071, for firearms that are not pistols,
revolvers, or other firearms capable of being concealed upon the
person unless retention or compilation is necessary for use in a
criminal prosecution or in a proceeding to revoke a license issued
pursuant to Section 12071.
(3) A violation of this subdivision is a misdemeanor.
(c) (1) The Attorney General shall permanently keep and properly
file and maintain all information reported to the Department of
Justice pursuant to Sections 12071, 12072, 12077, 12078, 12082, and
12084 or any other law, as to pistols, revolvers, or other firearms
capable of being concealed upon the person and maintain a registry
thereof.
(2) The registry shall consist of all of the following:
(A) The name, address, identification of, place of birth (state or
country), complete telephone number, occupation, sex, description,
and all legal names and aliases ever used by the owner or person
being loaned the particular pistol, revolver, or other firearm
capable of being concealed upon the person as listed on the
information provided to the department on the Dealers' Record of
Sale, the Law Enforcement Firearms Transfer (LEFT), as defined in
Section 12084, or reports made to the department pursuant to Section
12078 or any other law.
(B) The name and address of, and other information about, any
person (whether a dealer or a private party) from whom the owner
acquired or the person being loaned the particular pistol, revolver,
or other firearm capable of being concealed upon the person and when
the firearm was acquired or loaned as listed on the information
provided to the department on the Dealers' Record of Sale, the LEFT,
or reports made to the department pursuant to Section 12078 or any
other law.
(C) Any waiting period exemption applicable to the transaction
which resulted in the owner of or the person being loaned the
particular pistol, revolver, or other firearm capable of being
concealed upon the person acquiring or being loaned that firearm.
(D) The manufacturer's name if stamped on the firearm; model name
or number if stamped on the firearm; and, if applicable, the serial
number, other number (if more than one serial number is stamped on
the firearm), caliber, type of firearm, if the firearm is new or
used, barrel length, and color of the firearm.
(E) Any information that the department deems necessary pursuant
to paragraph (4) of subdivision (b) of Section 12077.
(3) Information in the registry referred to in this subdivision
shall, upon proper application therefor, be furnished to the officers
referred to in Section 11105, to a city attorney prosecuting a civil
action, solely for use in prosecuting that civil action and not for
any other purpose, or to the person listed in the registry as the
owner or person who is listed as being loaned the particular pistol,
revolver, or other firearm capable of being concealed upon the person
in the form of hard copy printouts of that information as
photographic, photostatic, and nonerasable optically stored
reproductions.
(4) If any person is listed in the registry as the owner of a
firearm through a Dealers' Record of Sale prior to 1979, and the
person listed in the registry requests by letter that the Attorney
General store and keep the record electronically, as well as in the
record's existing photographic, photostatic, or nonerasable optically
stored form, the Attorney General shall do so within three working
days of receipt of the request. The Attorney General shall, in
writing, and as soon as practicable, notify the person requesting
electronic storage of the record that the request has been honored as
required by this paragraph.
SEC. 2.5. Section 11108.3 of the Penal Code is amended
to read:
11108.3. (a) In addition to the requirements of Section 11108
that apply to a local law enforcement agency's duty to report to the
Department of Justice the recovery of a firearm, a police or sheriff'
s department shall, and any other law enforcement agency or agent
may, report to the department in a manner determined by the Attorney
General in consultation with the Bureau of Alcohol, Tobacco, and
Firearms all available information necessary to identify and trace
the history of all firearms that are illegally possessed, have been
used in a crime, or are suspected of having been used in a crime. In
addition, any law enforcement agency or agent may report to the
Attorney General pursuant to this section all information pertaining
to any firearm taken into custody, except where the firearm has been
voluntarily placed with the law enforcement agency for safekeeping.
(b) When the department receives information from a local law
enforcement agency pursuant to subdivision (a), it shall promptly
forward this information to the National Tracing Center of the
federal Bureau of Alcohol, Tobacco, and Firearms to the extent
practicable.
(c) The Department of Justice shall implement an electronic system
by January 1, 2002, to receive comprehensive tracing information
from each local law enforcement agency, and to forward this
information to the National Tracing Center.
(d) In implementing this section, the Attorney General shall
ensure to the maximum extent practical that both of the following
apply:
(1) The information he or she provides to the federal Bureau of
Alcohol, Tobacco, and Firearms enables that agency to trace the
ownership of the firearm described in subdivision (a).
(2) Local law enforcement agencies can report all relevant
information without being unduly burdened by this reporting function.
(e) Information collected pursuant to this section shall be
maintained by the department for a period of not less than 10 years,
and shall be available, under guidelines set forth by the Attorney
General, for academic and policy research purposes.
(f) The Attorney General shall have the authority to issue
regulations to further the purposes of this section.
SEC. 3. Section 12021 of the Penal Code is amended to read:
12021. (a) (1) Any person who has been convicted of a felony
under the laws of the United States, of the State of California, or
any other state, government, or country, or of an offense enumerated
in subdivision (a), (b), or (d) of Section 12001.6, or who is
addicted to the use of any narcotic drug, who owns or has in his or
her possession or under his or her custody or control any firearm is
guilty of a felony.
(2) Any person who has two or more convictions for violating
paragraph (2) of subdivision (a) of Section 417 and who owns or has
in his or her possession or under his or her custody or control any
firearm is guilty of a felony.
(b) Notwithstanding subdivision (a), any person who has been
convicted of a felony or of an offense enumerated in Section 12001.6,
when that conviction results from certification by the juvenile
court for prosecution as an adult in an adult court under Section 707
of the Welfare and Institutions Code, who owns or has in his or her
possession or under his or her custody or control any firearm is
guilty of a felony.
(c) (1) Except as provided in subdivision (a) or paragraph (2) of
this subdivision, any person who has been convicted of a misdemeanor
violation of Section 71, 76, 136.1, 136.5, or 140, subdivision (d) of
Section 148, Section 171b, 171c, 171d, 186.28, 240, 241, 242, 243,
244.5, 245, 245.5, 246.3, 247, 273.5, 273.6, 417, 417.1, 417.2,
417.6, 422, 626.9, 646.9, 12023, or 12024, subdivision (b) or (d) of
Section 12034, Section 12040, subdivision (b) of Section 12072,
subdivision (a) of former Section 12100, Section 12220, 12320, or
12590, or Section 8100, 8101, or 8103 of the Welfare and Institutions
Code, any firearm-related offense pursuant to Sections 871.5 and
1001.5 of the Welfare and Institutions Code, or of the conduct
punished in paragraph (3) of subdivision (g) of Section 12072, and
who, within 10 years of the conviction, owns, or has in his or her
possession or under his or her custody or control, any firearm is
guilty of a public offense, which shall be punishable by imprisonment
in a county jail not exceeding one year or in the state prison, by a
fine not exceeding one thousand dollars ($1,000), or by both that
imprisonment and fine. The court, on forms prescribed by the
Department of Justice, shall notify the department of persons subject
to this subdivision. However, the prohibition in this paragraph may
be reduced, eliminated, or conditioned as provided in paragraph (2)
or (3).
(2) Any person employed as a peace officer described in Section
830.1, 830.2, 830.31, 830.32, 830.33, or 830.5 whose employment or
livelihood is dependent on the ability to legally possess a firearm,
who is subject to the prohibition imposed by this subdivision because
of a conviction under Section 273.5, 273.6, or 646.9, may petition
the court only once for relief from this prohibition. The petition
shall be filed with the court in which the petitioner was sentenced.
If possible, the matter shall be heard before the same judge that
sentenced the petitioner. Upon filing the petition, the clerk of the
court shall set the hearing date and shall notify the petitioner and
the prosecuting attorney of the date of the hearing. Upon making
each of the following findings, the court may reduce or eliminate the
prohibition, impose conditions on reduction or elimination of the
prohibition, or otherwise grant relief from the prohibition as the
court deems appropriate:
(A) Finds by a preponderance of the evidence that the
petitioner is likely to use a firearm in a safe and lawful manner.
(B) Finds that the petitioner is not within a prohibited class as
specified in subdivision (a), (b), (d), (e), or (g) or Section
12021.1, and the court is not presented with any credible evidence
that the petitioner is a person described in Section 8100 or 8103 of
the Welfare and Institutions Code.
(C) Finds that the petitioner does not have a previous conviction
under this subdivision no matter when the prior conviction occurred.
In making its decision, the court shall consider the petitioner's
continued employment, the interest of justice, any relevant evidence,
and the totality of the circumstances. The court shall require, as
a condition of granting relief from the prohibition under this
section, that the petitioner agree to participate in counseling as
deemed appropriate by the court. Relief from the prohibition shall
not relieve any other person or entity from any liability that might
otherwise be imposed. It is the intent of the Legislature that
courts exercise broad discretion in fashioning appropriate relief
under this paragraph in cases in which relief is warranted. However,
nothing in this paragraph shall be construed to require courts to
grant relief to any particular petitioner. It is the intent of the
Legislature to permit persons who were convicted of an offense
specified in Section 273.5, 273.6, or 646.9 to seek relief from the
prohibition imposed by this subdivision.
(3) Any person who is subject to the prohibition imposed by this
subdivision because of a conviction of an offense prior to that
offense being added to paragraph (1) may petition the court only once
for relief from this prohibition. The petition shall be filed with
the court in which the petitioner was sentenced. If possible, the
matter shall be heard before the same judge that sentenced the
petitioner. Upon filing the petition, the clerk of the court shall
set the hearing date and notify the petitioner and the prosecuting
attorney of the date of the hearing. Upon making each of the
following findings, the court may reduce or eliminate the
prohibition, impose conditions on reduction or elimination of the
prohibition, or otherwise grant relief from the prohibition as the
court deems appropriate:
(A) Finds by a preponderance of the evidence that the petitioner
is likely to use a firearm in a safe and lawful manner.
(B) Finds that the petitioner is not within a prohibited class as
specified in subdivision (a), (b), (d), (e), or (g) or Section
12021.1, and the court is not presented with any credible evidence
that the petitioner is a person described in Section 8100 or 8103 of
the Welfare and Institutions Code.
(C) Finds that the petitioner does not have a previous conviction
under this subdivision, no matter when the prior conviction occurred.
In making its decision, the court may consider the interest of
justice, any relevant evidence, and the totality of the
circumstances. It is the intent of the Legislature that courts
exercise broad discretion in fashioning appropriate relief under this
paragraph in cases in which relief is warranted. However, nothing
in this paragraph shall be construed to require courts to grant
relief to any particular petitioner.
(4) Law enforcement officials who enforce the prohibition
specified in this subdivision against a person who has been granted
relief pursuant to paragraph (2) or (3) shall be immune from any
liability for false arrest arising from the enforcement of this
subdivision unless the person has in his or her possession a
certified copy of the court order that granted the person relief from
the prohibition. This immunity from liability shall not relieve any
person or entity from any other liability that might otherwise be
imposed.
(d) (1) Any person who, as an express condition of probation, is
prohibited or restricted from owning, possessing, controlling,
receiving, or purchasing a firearm and who owns, or has in his or her
possession or under his or her custody or control, any firearm but
who is not subject to subdivision (a) or (c) is guilty of a public
offense, which shall be punishable by imprisonment in a county jail
not exceeding one year or in the state prison, by a fine not
exceeding one thousand dollars ($1,000), or by both that imprisonment
and fine. The court, on forms provided by the Department of
Justice, shall notify the department of persons subject to this
subdivision. The notice shall include a copy of the order of
probation and a copy of any minute order or abstract reflecting the
order and conditions of probation.
(2) For any person who is subject to subdivision (a), (b), or (c),
the court shall, at the time judgment is imposed, provide on a form
supplied by the Department of Justice, a notice to the defendant
prohibited by this section from owning, possessing or having under
his or her custody or control, any firearm. The notice shall inform
the defendant of the prohibition regarding firearms and include a
form to facilitate the transfer of firearms. Failure to provide the
notice shall not be a defense to a violation of this section.
(e) Any person who (1) is alleged to have committed an offense
listed in subdivision (b) of Section 707 of the Welfare and
Institutions Code, an offense described in subdivision (b) of Section
1203.073, or any offense enumerated in paragraph (1) of subdivision
(c), and (2) is subsequently adjudged a ward of the juvenile court
within the meaning of Section 602 of the Welfare and Institutions
Code because the person committed an offense listed in subdivision
(b) of Section 707 of the Welfare and Institutions Code, an offense
described in subdivision (b) of Section 1203.073, or any offense
enumerated in paragraph (1) of subdivision (c) shall not own, or have
in his or her possession or under his or her custody or control, any
firearm until the age of 30 years. A violation of this subdivision
shall be punishable by imprisonment in a county jail not exceeding
one year or in the state prison, by a fine not exceeding one thousand
dollars ($1,000), or by both that imprisonment and fine. The
juvenile court, on forms prescribed by the Department of Justice,
shall notify the department of persons subject to this subdivision.
Notwithstanding any other law, the forms required to be submitted to
the department pursuant to this subdivision may be used to determine
eligibility to acquire a firearm.
(f) Subdivision (a) shall not apply to a person who has been
convicted of a felony under the laws of the United States unless
either of the following criteria is satisfied:
(1) Conviction of a like offense under California law can only
result in imposition of felony punishment.
(2) The defendant was sentenced to a federal correctional facility
for more than 30 days, or received a fine of more than one thousand
dollars ($1,000), or received both punishments.
(g) (1) Every person who purchases or receives, or attempts to
purchase or receive, a firearm knowing that he or she is subject to a
protective order as defined in Section 6218 of the Family Code,
Section 136.2, or a temporary restraining order or injunction issued
pursuant to Section 527.6 or 527.8 of the Code of Civil Procedure, is
guilty of a public offense, which shall be punishable by
imprisonment in a county jail not exceeding one year or in the state
prison, by a fine not exceeding one thousand dollars ($1,000), or by
both that imprisonment and fine. This subdivision does not apply
unless the copy of the restraining order personally served on the
person against whom the restraining order is issued contains a notice
in bold print stating (1) that the person is prohibited from
purchasing or receiving or attempting to purchase or receive a
firearm and (2) specifying the penalties for violating this
subdivision, or a court has provided actual verbal notice of the
firearm prohibition and penalty as provided in Section 6304 of the
Family Code.
(2) Every person who owns or possesses a firearm knowing that he
or she is prohibited from owning or possessing a firearm by the
provisions of a protective order as defined in Section 6218 of the
Family Code, Section 136.2 of the Penal Code, or a temporary
restraining order or injunction issued pursuant to Section 527.6 or
527.8 of the Code of Civil Procedure, is guilty of a public offense,
which shall be punishable by imprisonment in a county jail not
exceeding one year, by a fine not exceeding one thousand dollars
($1,000), or by both that imprisonment and fine. This subdivision
does not apply unless a copy of the restraining order personally
served on the person against whom the restraining order is issued
contains a notice in bold print stating (1) that the person is
prohibited from owning or possessing or attempting to own or possess
a firearm and (2) specifying the penalties for violating this
subdivision, or a court has provided actual verbal notice of the
firearm prohibition and penalty as provided in Section 6304 of the
Family Code.
(3) Judicial Council shall provide notice on all protective orders
that the respondent is prohibited from owning, possessing,
purchasing, or receiving a firearm while the protective order is in
effect and that the firearm shall be relinquished to the local law
enforcement agency for that jurisdiction or sold to a licensed gun
dealer, and that proof of surrender or sale shall be filed within a
specified time of receipt of the order. The order shall also state
on its face the expiration date for relinquishment.
(4) If probation is granted upon conviction of a violation of this
subdivision, the court shall impose probation consistent with the
provisions of Section 1203.097.
(h) (1) A violation of subdivision (a), (b), (c), (d), or (e) is
justifiable where all of the following conditions are met:
(A) The person found the firearm or took the firearm from a person
who was committing a crime against him or her.
(B) The person possessed the firearm no longer than was necessary
to deliver or transport the firearm to a law enforcement agency for
that agency's disposition according to law.
(C) If the firearm was transported to a law enforcement agency, it
was transported in accordance with paragraph (18) of subdivision (a)
of Section 12026.2.
(D) If the firearm is being transported to a law enforcement
agency, the person transporting the firearm has given prior notice to
the law enforcement agency that he or she is transporting the
firearm to the law enforcement agency for disposition according to
law.
(2) Upon the trial for violating subdivision (a), (b), (c), (d),
or (e), the trier of fact shall determine whether the defendant was
acting within the provisions of the exemption created by this
subdivision.
(3) The defendant has the burden of proving by a preponderance of
the evidence that he or she comes within the provisions of the
exemption created by this subdivision.
(i) Subject to available funding, the Attorney General, working
with the State Judicial Council, the California Alliance Against
Domestic Violence, prosecutors, and law enforcement, probation, and
parole officers, shall develop a protocol for the implementation of
the provisions of this section. The protocol shall be designed to
facilitate the enforcement of restrictions on firearm ownership,
including provisions for giving notice to defendants who are
restricted, provisions for informing those defendants of the
procedures by which defendants shall dispose of firearms when
required to do so, provisions explaining how defendants shall provide
proof of the lawful disposition of firearms, and provisions
explaining how defendants may obtain possession of seized firearms
when legally permitted to do so pursuant to this section or any other
provision of law. The protocol shall be completed on or before
January 1, 2005.
SEC. 4. Section 12028 of the Penal Code is amended to read:
12028. (a) The unlawful concealed carrying upon the person or
within the vehicle of the carrier of any explosive substance, other
than fixed ammunition, dirk, or dagger, as provided in Section 12020,
the unlawful concealed carrying upon the person or within the
vehicle of the carrier of any weapons in violation of Section 12025,
and the unlawful possession or carrying of any item in violation of
Section 653k is a nuisance.
(b) (1) Except as provided in paragraph (2), a firearm of any
nature owned or possessed in violation of Section 12021, 12021.1, or
12101 or used in the commission of any misdemeanor as provided in
this code, any felony, or an attempt to commit any misdemeanor as
provided in this code or any felony, is, upon a conviction of the
defendant or upon a juvenile court finding that an offense which
would be a misdemeanor or felony if committed by an adult was
committed or attempted by the juvenile with the use of a firearm, a
nuisance. A finding that the defendant was guilty of the offense but
was insane at the time the offense was committed is a conviction for
the purposes of this section.
(2) A firearm is not a nuisance pursuant to this subdivision if
the firearm owner disposes of his or her firearm pursuant to
paragraph (2) of subdivision (d) of Section 12021.
(c) Any weapon described in subdivision (a), or, upon conviction
of the defendant or upon a juvenile court finding that an offense
which would be a misdemeanor or felony if committed by an adult was
committed or attempted by the juvenile with the use of a firearm, any
weapon described in subdivision (b) shall be surrendered to the
sheriff of a county or the chief of police or other head of a
municipal police department of any city or city and county or the
chief of police of any campus of the University of California or the
California State University or the Commissioner of the California
Highway Patrol. For purposes of this subdivision, the Commissioner
of the California Highway Patrol shall receive only weapons that were
confiscated by a member of the California Highway Patrol. The
officers to whom the weapons are surrendered, except upon the
certificate of a judge of a court of record, or of the district
attorney of the county, that the retention thereof is necessary or
proper to the ends of justice, may annually, between the 1st and 10th
days of July, in each year, offer the weapons, which the officers in
charge of them consider to have value with respect to sporting,
recreational, or collection purposes, for sale at public auction to
persons licensed pursuant to Section 12071 to engage in businesses
involving any weapon purchased. If any weapon has been stolen and is
thereafter recovered from the thief or his or her transferee, or is
used in such a manner as to constitute a nuisance pursuant to
subdivision (a) or (b) without the prior knowledge of its lawful
owner that it would be so used, it shall not be so offered for sale
but shall be restored to the lawful owner, as soon as its use as
evidence has been served, upon his or her identification of the
weapon and proof of ownership.
(d) If, under this section, a weapon is not of the type that can
be sold to the public, generally, or is not sold pursuant to
subdivision (c), the weapon, in the month of July, next succeeding,
or sooner, if necessary to conserve local resources including space
and utilization of personnel who maintain files and security of those
weapons, shall be destroyed so that it can no longer be used as such
a weapon except upon the certificate of a judge of a court of
record, or of the district attorney of the county, that the retention
of it is necessary or proper to the ends of justice.
(e) This section does not apply to any firearm in the possession
of the Department of Fish and Game or which was used in the violation
of any provision of the Fish and Game Code or any regulation adopted
pursuant thereto, or which is forfeited pursuant to Section 5008.6
of the Public Resources Code.
(f) No stolen weapon shall be sold or destroyed pursuant to
subdivision (c) or (d) unless reasonable notice is given to its
lawful owner, if his or her identity and address can be reasonably
ascertained.
SEC. 5. Section 12074 of the Penal Code is amended to read:
12074. (a) The register shall be prepared by and obtained from
the State Printer and shall be furnished by the State Printer only to
dealers on application at a cost to be determined by the Department
of General Services for each 100 leaves in quadruplicate, one
original and three duplicates for the making of carbon copies. The
original and duplicate copies shall differ in color, and shall be in
the form provided by this article.
(b) Where the electronic transfer of applicant information is
used, the Department of Justice shall develop the standards for all
appropriate electronic equipment and telephone numbers to effect the
transfer of information to the department.
SEC. 6. Section 12077 of the Penal Code is amended to read:
12077. (a) The Department of Justice shall prescribe the form of
the register and the record of electronic transfer pursuant to
Section 12074.
(b) (1) For handguns, information contained in the register or
record of electronic transfer shall be the date and time of sale,
make of firearm, peace officer exemption status pursuant to
subdivision (a) of Section 12078 and the agency name, dealer waiting
period exemption pursuant to subdivision (n) of Section 12078,
dangerous weapons permitholder waiting period exemption pursuant to
subdivision (r) of Section 12078, curio and relic waiting period
exemption pursuant to subdivision (t) of Section 12078, California
Firearms Dealer number issued pursuant to Section 12071, for
transactions occurring prior to January 1, 2003, the purchaser's
basic firearms safety certificate number issued pursuant to Sections
12805 and 12809, for transactions occurring on or after January 1,
2003, the purchaser's handgun safety certificate number issued
pursuant to Article 8 (commencing with Section 12800), manufacturer's
name if stamped on the firearm, model name or number, if stamped on
the firearm, if applicable, serial number, other number (if more than
one serial number is stamped on the firearm), any identification
number or mark assigned to the firearm pursuant to Section 12092,
caliber, type of firearm, if the firearm is new or used, barrel
length, color of the firearm, full name of purchaser, purchaser's
complete date of birth, purchaser's local address, if current address
is temporary, complete permanent address of purchaser,
identification of purchaser, purchaser's place of birth (state or
country), purchaser's complete telephone number, purchaser's
occupation, purchaser's sex, purchaser's physical description, all
legal names and aliases ever used by the purchaser, yes or no answer
to questions that prohibit purchase including, but not limited to,
conviction of a felony as described in Section 12021 or an offense
described in Section 12021.1, the purchaser's status as a person
described in Section 8100 of the Welfare and Institutions Code,
whether the purchaser is a person who has been adjudicated by a court
to be a danger to others or found not guilty by reason of insanity,
whether the purchaser is a person who has been found incompetent to
stand trial or placed under conservatorship by a court pursuant to
Section 8103 of the Welfare and Institutions Code, signature of
purchaser, signature of salesperson (as a witness to the purchaser's
signature), name and complete address of the dealer or firm selling
the firearm as shown on the dealer's license, the establishment
number, if assigned, the dealer's complete business telephone number,
any information required by Section 12082, any information required
to determine whether or not paragraph (6) of subdivision (c) of
Section 12072 applies, and a statement of the penalties for any
person signing a fictitious name or address or for knowingly
furnishing any incorrect information or for knowingly omitting any
information required to be provided for the register.
(2) Effective January 1, 2003, the purchaser shall provide his or
her right thumbprint on the register in a manner prescribed by the
department. No exception to this requirement shall be permitted
except by regulations adopted by the department.
(3) The firearms dealer shall record on the register or record of
electronic transfer the date that the handgun is delivered.
(4) If required by the Department of Justice, the firearms dealer
shall report to the department, in a manner and a format prescribed
by the department, the information required by paragraph (3).
(c) (1) For firearms other than pistols, revolvers, or other
firearms capable of being concealed upon the person, information
contained in the register or record of electronic transfer shall be
the date and time of sale, peace officer exemption status pursuant to
subdivision (a) of Section 12078 and the agency name, auction or
event waiting period exemption pursuant to subdivision (g) of Section
12078, California Firearms Dealer number issued pursuant to Section
12071, dangerous weapons permitholder waiting period exemption
pursuant to subdivision (r) of Section 12078, curio and relic waiting
period exemption pursuant to paragraph (1) of subdivision (t) of
Section 12078, full name of purchaser, purchaser's complete date of
birth, purchaser's local address, if current address is temporary,
complete permanent address of purchaser, identification of purchaser,
purchaser's place of birth (state or country), purchaser's complete
telephone number, purchaser's occupation, purchaser's sex, purchaser'
s physical description, all legal names and aliases ever used by the
purchaser, yes or no answer to questions that prohibit purchase,
including, but not limited to, conviction of a felony as described in
Section 12021 or an offense described in Section 12021.1, the
purchaser's status as a person described in Section 8100 of the
Welfare and Institutions Code, whether the purchaser is a person who
has been adjudicated by a court to be a danger to others or found not
guilty by reason of insanity, whether the purchaser is a person who
has been found incompetent to stand trial or placed under
conservatorship by a court pursuant to Section 8103 of the Welfare
and Institutions Code, signature of purchaser, signature of
salesperson (as a witness to the purchaser's signature), name and
complete address of the dealer or firm selling the firearm as shown
on the dealer's license, the establishment number, if assigned, the
dealer's complete business telephone number, any information required
by Section 12082, and a statement of the penalties for any person
signing a fictitious name or address or for knowingly furnishing any
incorrect information or for knowingly omitting any information
required to be provided for the register.
(2) Effective January 1, 2003, the purchaser shall provide his or
her right thumbprint on the register in a manner prescribed by the
department. No exception to this requirement shall be permitted
except by regulations adopted by the department.
(3) The firearms dealer shall record on the register or record of
electronic transfer the date that the firearm is delivered.
(4) If required by the Department of Justice, the firearms dealer
shall report to the department, in a manner and a format prescribed
by the department, the information required by paragraph (3).
(d) Where the register is used, the following shall apply:
(1) Dealers shall use ink to complete each document.
(2) The dealer or salesperson making a sale shall ensure that all
information is provided legibly. The dealer and salespersons shall
be informed that incomplete or illegible information will delay
sales.
(3) Each dealer shall be provided instructions regarding the
procedure for completion of the form and routing of the form.
Dealers shall comply with these instructions which shall include the
information set forth in this subdivision.
(4) One firearm transaction shall be reported on each record of
sale document. For purposes of this subdivision, a "transaction"
means a single sale, loan, or transfer of any number of firearms that
are not pistols, revolvers, or other firearms capable of being
concealed upon the person.
(e) The dealer or salesperson making a sale shall ensure that all
required information has been obtained from the purchaser. The
dealer and all salespersons shall be informed that incomplete
information will delay sales.
(f) Effective January 1, 2003, the purchaser's name, date of
birth, and driver's license or identification number shall be
obtained electronically from the magnetic strip on the purchaser's
driver's license or identification and shall not be supplied by any
other means except as authorized by the department. This requirement
shall not apply in either of the following cases:
(1) The purchaser's identification consists of a military
identification card.
(2) Due to technical limitations, the magnetic stripe reader is
unable to obtain the required information from the purchaser's
identification. In those circumstances, the firearms dealer shall
obtain a photocopy of the identification as proof of compliance.
(g) As used in this section, the following definitions shall
control:
(1) "Purchaser" means the purchaser or transferee of a firearm or
the person being loaned a firearm.
(2) "Purchase" means the purchase, loan, or transfer of a firearm.
(3) "Sale" means the sale, loan, or transfer of a firearm.
SEC. 7. 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 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, provided, however, that any sale to these entities
be transacted by a person who is permitted pursuant to Section 12230
and licensed pursuant to Section 12250.
(b) The possession of machineguns by 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. 8. Section 12280 of the Penal Code is amended to read:
12280. (a) (1) Any person who, within this state, manufactures or
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 assault 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.
(2) In addition and consecutive to the punishment imposed under
paragraph (1), any person who transfers, lends, sells, or gives any
assault weapon to a minor in violation of paragraph (1) shall receive
an enhancement of one year.
(b) Except as provided in Section 12288, and in subdivisions (c)
and (d), any person who, within this state, possesses any assault
weapon, except as provided in this chapter, is guilty of a public
offense and upon conviction shall be punished by imprisonment in the
state prison, or in a county jail, not exceeding one year. However,
if the person presents proof that he or she lawfully possessed the
assault weapon prior to June 1, 1989, or prior to the date it was
specified as an assault weapon, and has since registered any other
lawfully obtained firearm specified by Section 12276 or 12276.5
pursuant to Section 12285 or relinquished them pursuant to Section
12288, a first-time violation of this subdivision shall be an
infraction punishable by a fine of up to five hundred dollars ($500),
but not less than three hundred fifty dollars ($350), if the person
has otherwise possessed the firearm in compliance with subdivision
(c) of Section 12285. In these cases,the assault weapon shall be
destroyed pursuant to Section 12028.
(c) A first-time violation of subdivision (b) shall be an
infraction punishable by a fine of up to five hundred dollars ($500),
if the person was found in possession of no more than two firearms
in compliance with subdivision (c) of Section 12285 and the person
meets all of the following conditions:
(1) The person proves that he or she lawfully possessed the
assault weapon prior to the date it was defined as an assault weapon
pursuant to Section 12276.1.
(2) The person is not found in possession of a firearm specified
as an assault weapon pursuant to Section 12276 or Section 12276.5.
(3) The person has not previously been convicted of violating this
section.
(4) The person was found to be in possession of the assault
weapons within one year following the end of the one-year
registration period established pursuant to subdivision (a) of
Section 12285.
(5) The person relinquished the firearms pursuant to Section
12288.
(d) Notwithstanding Section 654 or any other provision of law, any
person who commits another crime while violating this section may
receive an additional, consecutive punishment of one year for
violating this section in addition and consecutive to the punishment,
including enhancements, which is prescribed for the other crime.
(e) Subdivisions (a) and (b) shall not apply to the sale to,
purchase by, or possession of assault weapons by the Department of
Justice, police departments, sheriffs' offices, marshals' offices,
the Youth and Adult Corrections Agency, the Department of the
California Highway Patrol, district attorneys' offices, Department of
Fish and Game, Department of Parks and Recreation, or the military
or naval forces of this state or of the United States, or any federal
law enforcement agency for use in the discharge of their official
duties.
(f) (1) Subdivision (b) shall not prohibit the possession or use
of assault weapons by sworn peace officer members of those agencies
specified in subdivision (e) for law enforcement purposes, whether on
or off duty.
(2) Subdivisions (a) and (b) shall not prohibit the delivery,
transfer, or sale of an assault weapon to, or the possession of an
assault weapon by, a sworn peace officer member of an agency
specified in subdivision (e), provided that the peace officer is
authorized by his or her employer to possess or receive the assault
weapon. Required authorization is defined as verifiable written
certification from the head of the agency, identifying the recipient
or possessor of the assault weapon as a peace officer and authorizing
him or her to receive or possess the specific assault weapon. For
this exemption to apply, in the case of a peace officer who possesses
or receives the assault weapon prior to January 1, 2002, the officer
shall register the assault weapon pursuant to Section 12285 on or
before April 1, 2002; in the case of a peace officer who possesses or
receives the assault weapon on or after January 1, 2002, the officer
shall register the assault weapon pursuant to Section 12285 not
later than 90 days after possession or receipt. The peace officer
must include with the registration, a copy of the authorization
required pursuant to this paragraph.
(3) Nothing in this section shall be construed to limit or
prohibit the delivery, transfer, or sale of an assault weapon to, or
the possession of an assault weapon by, a member of a federal law
enforcement agency provided that person is authorized by the
employing agency to possess the assault weapon.
(g) Subdivisions (a) and (b) shall not prohibit the sale or
transfer of assault weapons by an entity specified in subdivision (e)
to a person, upon retirement, who retired as a sworn officer from
that entity.
(h) Subdivision (b) shall not apply to the possession of an
assault weapon by a retired peace officer who received that assault
weapon pursuant to subdivision (g).
(i) Subdivision (b) shall not apply to the possession of an
assault weapon, as defined in Section 12276, by any person during the
1990 calendar year, during the 90-day period immediately after the
date it was specified as an assault weapon pursuant to Section
12276.5, or during the one-year period after the date it was defined
as an assault weapon pursuant to Section 12276.1, if all of the
following are applicable:
(1) The person is eligible under this chapter to register the
particular assault weapon.
(2) The person lawfully possessed the particular assault weapon
described in paragraph (1) prior to June 1, 1989, if the weapon is
specified as an assault weapon pursuant to Section 12276, or prior to
the date it was specified as an assault weapon pursuant to Section
12276.5, or prior to the date it was defined as an assault weapon
pursuant to Section 12276.1.
(3) The person is otherwise in compliance with this chapter.
(j) Subdivisions (a) and (b) shall not apply to the manufacture by
persons who are issued permits pursuant to Section 12287 of assault
weapons for sale to the following:
(1) Exempt entities listed in subdivision (e).
(2) Entities and persons who have been issued permits pursuant to
Section 12286.
(3) Entities outside the state who have, in effect, a federal
firearms dealer's license solely for the purpose of distribution to
an entity listed in paragraphs (4) to (6), inclusive.
(4) Federal military and law enforcement agencies.
(5) Law enforcement and military agencies of other states.
(6) Foreign governments and agencies approved by the United States
State Department.
(k) Subdivision (a) shall not apply to a person who is the
executor or administrator of an estate that includes an assault
weapon registered under Section 12285 or that was possessed pursuant
to subdivision (f) or (h) which is disposed of as authorized by the
probate court, if the disposition is otherwise permitted by this
chapter.
(l) Subdivision (b) shall not apply to a person who is the
executor or administrator of an estate that includes an assault
weapon registered under Section 12285 or that was possessed pursuant
to subdivision (f) or (h), if the assault weapon is possessed at a
place set forth in paragraph (1) of subdivision (c) of Section 12285
or as authorized by the probate court.
(m) Subdivision (a) shall not apply to:
(1) A person who lawfully possesses and has registered an assault
weapon pursuant to this chapter, or who lawfully possesses an assault
weapon pursuant to subdivision (h), who lends that assault weapon to
another if all the following apply:
(A) The person to whom the assault weapon is lent is 18 years of
age or over and is not in a class of persons prohibited from
possessing firearms by virtue of Section 12021 or 12021.1 of this
code or Section 8100 or 8103 of the Welfare and Institutions Code.
(B) The person to whom the assault weapon is lent remains in the
presence of the registered possessor of the assault weapon, or the
person who lawfully possesses an assault weapon pursuant to
subdivision (h).
(C) The assault weapon is possessed at any of the following
locations:
(i) While on a target range that holds a regulatory or business
license for the purpose of practicing shooting at that target range.
(ii) While on the premises of a target range of a public or
private club or organization organized for the purpose of practicing
shooting at targets.
(iii) While attending any exhibition, display, or educational
project that is about firearms and that is sponsored by, conducted
under the auspices of, or approved by a law enforcement agency or a
nationally or state recognized entity that fosters proficiency in, or
promotes education about, firearms.
(2) The return of an assault weapon to the registered possessor,
or the lawful possessor, which is lent by the same pursuant to
paragraph (1).
(n) Subdivision (b) shall not apply to the possession of an
assault weapon by a person to whom an assault weapon is lent pursuant
to subdivision (m).
(o) Subdivisions (a) and (b) shall not apply to the possession and
importation of an assault weapon into this state by a nonresident if
all of the following conditions are met:
(1) The person is attending or going directly to or coming
directly from an organized competitive match or league competition
that involves the use of an assault weapon.
(2) The competition or match is conducted on the premises of one
of the following:
(i) A target range that holds a regulatory or business license for
the purpose of practicing shooting at that target range.
(ii) A target range of a public or private club or organization
that is organized for the purpose of practicing shooting at targets.
(3) The match or competition is sponsored by, conducted under the
auspices of, or approved by, a law enforcement agency or a nationally
or state recognized entity that fosters proficiency in, or promotes
education about, firearms.
(4) The assault weapon is transported in accordance with Section
12026.1 or 12026.2.
(5) The person is 18 years of age or over and is not in a class of
persons prohibited from possessing firearms by virtue of Section
12021 or 12021.1 of this code or Section 8100 or 8103 of the Welfare
and Institutions Code.
(p) Subdivision (b) shall not apply to any of the following
persons:
(1) A person acting in accordance with Section 12286.
(2) A person who has a permit to possess an assault weapon issued
pursuant to Section 12286 when he or she is acting in accordance with
Section 12285 or 12286.
(q) Subdivisions (a) and (b) shall not apply to any of the
following persons:
(1) A person acting in accordance with Section 12285.
(2) A person acting in accordance with Section 12286 or 12290.
(r) Subdivision (b) shall not apply to the registered owner of an
assault weapon possessing that firearm in accordance with subdivision
(c) of Section 12285.
(s) Subdivision (a) shall not apply to the importation into this
state of an assault weapon by the registered owner of that assault
weapon, if it is in accordance with the provisions of subdivision (c)
of Section 12285.
(t) As used in this chapter, the date a firearm is an assault
weapon is the earliest of the following:
(1) The effective date of an amendment to Section 12276 that adds
the designation of the specified firearm.
(2) The effective date of the list promulgated pursuant to Section
12276.5 that adds or changes the designation of the specified
firearm.
(3) The operative date of Section 12276.1, as specified in
subdivision (d) of that section.
SEC. 9. Section 12285 of the Penal Code is amended to read:
12285. (a) Any person who lawfully possesses an assault weapon,
as defined in Section 12276, prior to June 1, 1989, shall register
the firearm by January 1, 1991, and any person who lawfully possessed
an assault weapon prior to the date it was specified as an assault
weapon pursuant to Section 12276.5 shall register the firearm within
90 days with the Department of Justice pursuant to those procedures
that the department may establish. Except as provided in subdivision
(a) of Section 12280, any person who lawfully possessed an assault
weapon prior to the date it was defined as an assault weapon pursuant
to Section 12276.1, and which was not specified as an assault weapon
under Section 12276 or 12276.5, shall register the firearm within
one year of the effective date of Section 12276.1, with the
department pursuant to those procedures that the department may
establish. The registration shall contain a description of the
firearm that identifies it uniquely, including all identification
marks, the full name, address, date of birth, and thumbprint of the
owner, and any other information that the department may deem
appropriate. The department may charge a fee for registration of up
to twenty dollars ($20) per person but not to exceed the actual
processing costs of the department. 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 adjustment for the department's
budget or as otherwise increased through the Budget Act.
(b) (1) Except as provided in paragraph (2), no assault weapon
possessed pursuant to this section may be sold or transferred on or
after January 1, 1990, to anyone within this state other than to a
licensed gun dealer, as defined in subdivision (c) of Section 12290,
or as provided in Section 12288. Any person who (A) obtains title to
an assault weapon registered under this section or that was
possessed pursuant to subdivision (f) or (h) of Section 12280 by
bequest or intestate succession, or (B) lawfully possessed a firearm
subsequently declared to be an assault weapon pursuant to Section
12276.5, or subsequently defined as an assault weapon pursuant to
Section 12276.1, shall, within 90 days, render the weapon permanently
inoperable, sell the weapon to a licensed gun dealer, obtain a
permit from the Department of Justice in the same manner as specified
in Article 3 (commencing with Section 12230) of Chapter 2, or remove
the weapon from this state. A person who lawfully possessed a
firearm that was subsequently declared to be an assault weapon
pursuant to Section 12276.5 may alternatively register the firearm
within 90 days of the declaration issued pursuant to subdivision (f)
of Section 12276.5.
(2) A person moving into this state, otherwise in lawful
possession of an assault weapon, shall do one of the following:
(A) Prior to bringing the assault weapon into this state, that
person shall first obtain a permit from the Department of Justice in
the same manner as specified in Article 3 (commencing with Section
12230) of Chapter 2.
(B) The person shall cause the assault weapon to be delivered to a
licensed gun dealer, as defined in subdivision (c) of Section 12290,
in this state in accordance with Chapter 44 (commencing with Section
921) of Title 18 of the United States Code and the regulations
issued pursuant thereto. If the person obtains a permit from the
Department of Justice in the same manner as specified in Article 3
(commencing with Section 12230) of Chapter 2, the dealer shall
redeliver that assault weapon to the person. If the licensed gun
dealer, as defined in subdivision (c) of Section 12290, is prohibited
from delivering the assault weapon to a person pursuant to this
paragraph, the dealer shall possess or dispose of the assault weapon
as allowed by this chapter.
(c) A person who has registered an assault weapon under this
section may possess it only under any of the following conditions
unless a permit allowing additional uses is first obtained under
Section 12286:
(1) At that person's residence, place of business, or other
property owned by that person, or on property owned by another with
the owner's express permission.
(2) While on the premises of a target range of a public or private
club or organization organized for the purpose of practicing
shooting at targets.
(3) While on a target range that holds a regulatory or business
license for the purpose of practicing shooting at that target range.
(4) While on the premises of a shooting club which is licensed
pursuant to the Fish and Game Code.
(5) While attending any exhibition, display, or educational
project which is about firearms and which is sponsored by, conducted
under the auspices of, or approved by a law enforcement agency or a
nationally or state recognized entity that fosters proficiency in, or
promotes education about, firearms.
(6) While on publicly owned land if the possession and use of a
firearm described in Section 12276 or 12276.1 is specifically
permitted by the managing agency of the land.
(7) While transporting the assault weapon between any of the
places mentioned in this subdivision, or to any licensed gun dealer,
as defined in subdivision (c) of Section 12290, for servicing or
repair pursuant to subdivision (b) of Section 12290, if the assault
weapon is transported as required by Section 12026.1.
(d) No person who is under the age of 18 years, no person who is
prohibited from possessing a firearm by Section 12021 or 12021.1, and
no person described in Section 8100 or 8103 of the Welfare and
Institutions Code may register or possess an assault weapon.
(e) The department's registration procedures shall provide the
option of joint registration for assault weapons owned by family
members residing in the same household.
(f) For 90 days following January 1, 1992, a forgiveness period
shall exist to allow persons specified in subdivision (b) of Section
12280 to register with the Department of Justice assault weapons that
they lawfully possessed prior to June 1, 1989.
(g) Any person who registered a firearm as an assault weapon
pursuant to the provisions of law in effect prior to January 1, 2000,
where the assault weapon is thereafter defined as an assault weapon
pursuant to Section 12276.1, shall be deemed to have registered the
weapon for purposes of this chapter and shall not be required to
reregister the weapon pursuant to this section.
(h) Any person who registers his or her assault weapon during the
90-day forgiveness period described in subdivision (f), and any
person whose registration form was received by the Department of
Justice after January 1, 1991, and who was issued a temporary
registration prior to the end of the forgiveness period, shall not be
charged with a violation of subdivision (b) of Section 12280, if law
enforcement becomes aware of that violation only as a result of the
registration of the assault weapon. This subdivision shall have no
effect upon persons charged with a violation of subdivision (b) of
Section 12280 of the Penal Code prior to January 1, 1992, provided
that law enforcement was aware of the violation before the weapon was
registered.
SEC. 10. Section 12287 of the Penal Code is amended to read:
12287. (a) The Department of Justice may, upon a finding of good
cause, issue permits for the manufacture of assault weapons to
federally licensed manufacturers of firearms for the sale to,
purchase by, or possession of assault weapons by, any of the
following:
(1) The agencies listed in subdivision (e) of Section 12280.
(2) Entities and persons who have been issued permits pursuant to
Section 12286.
(3) Entities outside the state who have, in effect, a federal
firearms dealer's license solely for the purpose of distribution to
an entity listed in paragraphs (4) to (6), inclusive.
(4) Federal law enforcement and military agencies.
(5) Law enforcement and military agencies of other states.
(6) Foreign governments and agencies approved by the United States
State Department.
(b) Application for the permits, the keeping and inspection
thereof, and the revocation of permits shall be undertaken in the
same manner as specified in Article 3 (commencing with Section 12230)
of Chapter 2.
SEC. 11. Section 12290 of the Penal Code is amended to read:
12290. (a) Any licensed gun dealer, as defined in subdivision
(c), who lawfully possesses an assault weapon pursuant to Section
12285, in addition to the uses allowed in Section 12285, may
transport the weapon between dealers or out of the state, display it
at any gun show licensed by a state or local governmental entity,
sell it to a resident outside the state, or sell it to a person who
has been issued a permit pursuant to Section 12286. Any transporting
allowed by this section must be done as required by Section 12026.1.
(b) (1) Any licensed gun dealer, as defined in subdivision (c),
may take possession of any assault weapon for the purposes of
servicing or repair from any person to whom it is legally registered
or who has been issued a permit to possess it pursuant to this
chapter.
(2) Any licensed gun dealer may transfer possession of any assault
weapon received pursuant to paragraph (1), to a gunsmith for
purposes of accomplishing service or repair of the same. Transfers
are permissible only to the following persons:
(A) A gunsmith who is in the dealer's employ.
(B) A gunsmith with whom the dealer has contracted for gunsmithing
services. In order for this subparagraph to apply, the gunsmith
receiving the assault weapon must hold all of the following:
(i) A dealer's license issued pursuant to Chapter 44 (commencing
with Section 921) of Title 18 of the United States Code and the
regulations issued pursuant thereto.
(ii) Any business license required by a state or local
governmental entity.
(c) The term "licensed gun dealer," as used in this article, means
a person who is licensed pursuant to Section 12071, and who has a
permit to sell assault weapons issued pursuant to Section 12286.
SEC. 12. Section 12301 of the Penal Code is amended to read:
12301. (a) The term "destructive device," as used in this
chapter, shall include any of the following weapons:
(1) Any projectile containing any explosive or incendiary material
or any other chemical substance, including, but not limited to, that
which is commonly known as tracer or incendiary ammunition, except
tracer ammunition manufactured for use in shotguns.
(2) Any bomb, grenade, explosive missile, or similar device or any
launching device therefor.
(3) Any weapon of a caliber greater than 0.60 caliber which fires
fixed ammunition, or any ammunition therefor, other than a shotgun
(smooth or rifled bore) conforming to the definition of a
"destructive device" found in subsection (b) of Section 179.11 of
Title 27 of the Code of Federal Regulations, shotgun ammunition
(single projectile or shot), antique rifle, or an antique cannon.
For purposes of this section, the term "antique cannon" means any
cannon manufactured before January 1, 1899, which has been rendered
incapable of firing or for which ammunition is no longer manufactured
in the United States and is not readily available in the ordinary
channels of commercial trade. The term "antique rifle" means a
firearm conforming to the definition of an "antique firearm" in
Section 179.11 of Title 27 of the Code of Federal Regulations.
(4) Any rocket, rocket-propelled projectile, or similar device of
a diameter greater than 0.60 inch, or any launching device therefor,
and any rocket, rocket-propelled projectile, or similar device
containing any explosive or incendiary material or any other chemical
substance, other than the propellant for such device, except such
devices as are designed primarily for emergency or distress signaling
purposes.
(5) Any breakable container which contains a flammable liquid with
a flashpoint of 150 degrees Fahrenheit or less and has a wick or
similar device capable of being ignited, other than a device which is
commercially manufactured primarily for the purpose of illumination.
(6) Any sealed device containing dry ice (CO2) or other chemically
reactive substances assembled for the purpose of causing an
explosion by a chemical reaction.
(7) Any flamethrower designed or redesigned for use as a weapon.
(b) The term "explosive," as used in this chapter, shall mean any
explosive defined in Section 12000 of the Health and Safety Code.
SEC. 13. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B 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 XIII B of the California
Constitution.