BILL NUMBER: SB 601 INTRODUCED
BILL TEXT
INTRODUCED BY Senator Perata
FEBRUARY 20, 2003
An act to amend Section 12280 of the Penal Code, relating to
assault weapons.
LEGISLATIVE COUNSEL'S DIGEST
SB 601, as introduced, Perata. Assault weapons.
Existing law generally regulates assault weapons.
This bill would make a technical, nonsubstantive change to those
provisions.
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 12280 of the Penal Code is amended to read:
12280. (a) (1) Any Every 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 either registered the
firearm and 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 firearm shall
be returned unless the court finds in the interest of public safety,
after notice and hearing, that the assault weapon should 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 has since registered the firearms and any other
lawfully obtained firearms defined by Section 12276.1, pursuant to
Section 12285, except as provided for by this section, or
relinquished them pursuant to Section 12288.
(d) Firearms seized pursuant to subdivision (c) shall be returned
unless the court finds in the interest of public safety, after notice
and hearing, that the assault weapon should be destroyed pursuant to
Section 12028.
(e) 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.
(f) 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.
(g) (1) Subdivision (b) shall not prohibit the possession or use
of assault weapons by sworn peace officer members of those agencies
specified in subdivision (f) 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 (f), 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.
(h) Subdivisions (a) and (b) shall not prohibit the sale or
transfer of assault weapons by an entity specified in subdivision (f)
to a person, upon retirement, who retired as a sworn officer from
that entity.
(i) 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 (h).
(j) 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.
(k) 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 (f).
(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.
(l) 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 (g) or (i) which is disposed of as authorized by the
probate court, if the disposition is otherwise permitted by this
chapter.
(m) 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 (g) or (i), 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.
(n) 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 (i), 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 (i).
(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).
(o) 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 (n).
(p) 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.
(q) 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.
(r) 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.
(s) Subdivision (b) shall not apply to the registered owner of an
assault weapon possessing that firearm in accordance with subdivision
(c) of Section 12285.
(t) 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.
(u) 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.