BILL NUMBER: AB 2728	CHAPTERED
	BILL TEXT

	CHAPTER  793
	FILED WITH SECRETARY OF STATE  SEPTEMBER 29, 2006
	APPROVED BY GOVERNOR  SEPTEMBER 29, 2006
	PASSED THE ASSEMBLY  AUGUST 31, 2006
	PASSED THE SENATE  AUGUST 29, 2006
	AMENDED IN SENATE  AUGUST 24, 2006
	AMENDED IN SENATE  AUGUST 7, 2006
	AMENDED IN SENATE  JUNE 29, 2006
	AMENDED IN SENATE  JUNE 15, 2006
	AMENDED IN ASSEMBLY  APRIL 17, 2006

INTRODUCED BY   Assembly Member Klehs

                        FEBRUARY 24, 2006

   An act to amend Section 12276.5 of, and to add Section 12282 to,
the Penal Code, relating to firearms.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2728, Klehs  Firearms.
   Existing law provides a judicial procedure for declaring a firearm
an assault weapon, as specified.
   This bill would repeal those provisions.
   Existing law authorizes the Attorney General to declare a firearm
an assault weapon.
   This bill would provide that authorization ends January 1, 2007.
   Existing law generally regulates the possession of assault weapons
and .50 BMG rifles.
   This bill would provide that possession of any assault weapon or
of any .50 BMG rifle in violation of specified provisions of law
would be a public nuisance. The bill would authorize the Attorney
General, any district attorney, or any city attorney to bring an
action in superior court, in lieu of criminal prosecution, to enjoin
the possession of the assault weapon or .50 BMG rifle and seek civil
fines of up to $300 for the first assault weapon or .50 BMG rifle
that is a public nuisance, and up to $100 for each additional assault
weapon or .50 BMG rifle that is a public nuisance. The bill would
further provide that any assault weapon or .50 BMG rifle possessed in
violation of specified provisions of law would, subject to
exception, be destroyed, as specified. The bill would also provide
that upon conviction of any misdemeanor or felony involving an
assault weapon, the assault weapon would be deemed a nuisance and
disposed of as specified.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 12276.5 of the Penal Code is amended to read:
   12276.5.  (a) The Attorney General shall prepare a description for
identification purposes, including a picture or diagram, of each
assault weapon listed in Section 12276, and any firearm declared to
be an assault weapon pursuant to this section, and shall distribute
the description to all law enforcement agencies responsible for
enforcement of this chapter. Those law enforcement agencies shall
make the description available to all agency personnel.
   (b) (1) Until January 1, 2007, the Attorney General shall
promulgate a list that specifies all firearms designated as assault
weapons in Section 12276 or declared to be assault weapons pursuant
to this section. The Attorney General shall file that list with the
Secretary of State for publication in the California Code of
Regulations. Any declaration that a specified firearm is an assault
weapon shall be implemented by the Attorney General who, within 90
days, shall promulgate an amended list which shall include the
specified firearm declared to be an assault weapon. The Attorney
General shall file the amended list with the Secretary of State for
publication in the California Code of Regulations. Any firearm
declared to be an assault weapon prior to January 1, 2007, shall
remain on the list filed with the Secretary of State.
   (2) Chapter 3.5 (commencing with Section 11340) of Division 3 of
Title 2 of the Government Code, pertaining to the adoption of rules
and regulations, shall not apply to any list of assault weapons
promulgated pursuant to this section.
   (c) The Attorney General shall adopt those rules and regulations
that may be necessary or proper to carry out the purposes and intent
of this chapter.
  SEC. 2.  Section 12282 is added to the Penal Code, to read:
   12282.  (a) Except as provided in Section 12280, possession of any
assault weapon, as defined in Section 12276, 12276.1, or 12276.5, or
of any .50 BMG rifle, as defined in Section 12278, in violation of
this chapter is a public nuisance, solely for purposes of this
section and subdivision (d) of Section 12028. The Attorney General,
any district attorney, or any city attorney, may, in lieu of criminal
prosecution, bring a civil action or reach a civil compromise in any
superior court to enjoin the possession of the assault weapon or .50
BMG rifle that is a public nuisance.
   (b) Upon motion of the Attorney General, district attorney, or
city attorney, a superior court may impose a civil fine not to exceed
three hundred dollars ($300) for the first assault weapon or .50 BMG
rifle deemed a public nuisance pursuant to subdivision (a) and up to
one hundred dollars ($100) for each additional assault weapon or .50
BMG rifle deemed a public nuisance pursuant to subdivision (a).
   (c) Any assault weapon or .50 BMG rifle deemed a public nuisance
under subdivision (a) shall be destroyed in a manner so that it may
no longer be used, except upon a finding by a court, or a declaration
from the Department of Justice, district attorney, or city attorney
stating that the preservation of the assault weapon or .50 BMG rifle
is in the interest of justice.
   (d) Upon conviction of any misdemeanor or felony involving the
illegal possession or use of an assault weapon, the assault weapon
shall be deemed a public nuisance and disposed of pursuant to
subdivision (d) of Section 12028.