BILL NUMBER: AB 2549	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JUNE 18, 2012
	AMENDED IN ASSEMBLY  MAY 21, 2012

INTRODUCED BY   Assembly Member Hall

                        FEBRUARY 24, 2012

   An act to amend Section 30630 of the Penal Code, relating to
firearms.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 2549, as amended, Hall. Firearms: possession of assault
weapons: law enforcement officers.
   Existing law generally prohibits the possession of an assault
weapon, as defined, or a .50 BMG rifle, as defined. Existing law
imposes specified penalties for a violation of these provisions,
including imprisonment in a county jail for a period not to exceed
one year, or a fine, or both imprisonment and a fine, as specified.
Existing law does not prohibit the sale, delivery, or transfer of an
assault weapon or a .50 BMG rifle to, or the possession of an assault
weapon or a .50 BMG rifle by, a sworn peace officer member of a
state law enforcement entity if the peace officer is authorized by
the officer's employer to possess or receive the assault weapon or
the .50 BMG rifle. Existing law defines the required authorization as
verifiable written certification from the head of the agency,
identifying the recipient or possessor of the assault weapon or the .
50 BMG rifle as a peace officer and authorizing that person to
receive or possess the specific assault weapon. Existing law also
requires the officer to register the weapon, as specified. These
requirements do not apply to members of federal law enforcement
agencies who are authorized by their employing agency to possess
these weapons.
   This bill would require that the written authorization from an
officer's employer necessary to exempt the officer from restrictions
on the sale, delivery, transfer, or possession of an assault weapon
or .50 BMG rifle also include language stating that the use of the
assault weapon or .50 BMG rifle is "for law enforcement purposes,
whether on or off duty." The bill would require that a peace officer
who purchases an assault weapon or .50 BMG rifle pursuant to this
provision on or after January 1, 2013, be limited to the purchase of
one assault weapon or .50 BMG rifle and would prohibit the peace
officer from purchasing another assault weapon or .50 BMG rifle
pursuant to this provision unless the peace officer has relinquished
his or her possession of the original assault weapon or .50 BMG rifle
and transferred registration of the weapon out of his or her name.
   The bill would also require a peace officer who lawfully purchased
an assault weapon or .50 BMG rifle  , either before or after
January 1, 2013,  and properly registered the firearm in his or
her name, as required pursuant to the provisions described above, and
who has honorably retired, as defined, from the law enforcement
agency, to notify the Department of Justice, within 90 days of the
date of retirement, of his or her change in status and continued
ownership of the assault weapon or .50 BMG rifle. The bill would
specify that an honorably retired peace officer who acquired an
assault weapon or .50 BMG rifle pursuant to the above provisions and
retired prior to January 1, 2013, would not be required to surrender
the weapon if he or she provides the notification specified above to
the department on or before April 1, 2013. The bill would require the
notification to include written documentation from the head of the
law enforcement agency from which the officer retired, or a designee
of the department head, stating that the officer honorably retired
from the agency. The bill would require the Department of Justice to
develop a program authorizing a retired officer to file a "change of
status" form for purposes of these provisions, and to develop and
adopt a form for that purpose. The bill would also authorize the
department to charge the retired officer seeking to file that form a
fee covering the reasonable cost of providing this service.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


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

  SECTION 1.  Section 30630 of the Penal Code is amended to read:
   30630.  (a) Sections 30605 and 30610 shall not prohibit the
possession or use of assault weapons or a .50 BMG rifle by sworn
peace officer members of those agencies specified in Section 30625
for law enforcement purposes, whether on or off duty.
   (b) (1) Sections 30600, 30605, and 30610 shall not prohibit the
sale, delivery, or transfer of an assault weapon or a .50 BMG rifle
to, or the possession of an assault weapon or a .50 BMG rifle by, a
sworn peace officer member of an agency specified in Section 30625 if
the peace officer is authorized by the officer's employer to possess
or receive the assault weapon or the .50 BMG rifle. 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 that person to
receive or possess the specific assault weapon. The written
authorization shall also include language stating that the use of the
assault weapon or .50 BMG rifle is "for law enforcement purposes,
whether on or off duty." A peace officer who purchases an assault
weapon or .50 BMG rifle pursuant to this section on or after January
1, 2013, shall be limited to the purchase of one assault weapon or .
50 BMG rifle and shall not be authorized to purchase another assault
weapon or .50 BMG rifle pursuant to this section unless the peace
officer has relinquished his or her possession of the original
assault weapon or .50 BMG rifle and transferred registration of the
weapon out of his or her name.
   (2) 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 on or before
April 1, 2002, pursuant to former Section 12285, as it read at any
time from when it was enacted by Section 3 of Chapter 19 of the
Statutes of 1989, to and including when it was amended by Section 9
of Chapter 129 of the Statutes of 1999. In the case of a peace
officer who possesses or receives the assault weapon on or after
January 1, 2002, the officer shall, not later than 90 days after
possession or receipt, register the assault weapon pursuant to
Article 5 (commencing with Section 30900), or pursuant to former
Section 12285, as it read at any time from when it was amended by
Section 9 of Chapter 129 of the Statutes of 1999 to when it was
repealed by the Deadly Weapons Recodification Act of 2010. In the
case of a peace officer who possesses or receives a .50 BMG rifle on
or before January 1, 2005, the officer shall register the .50 BMG
rifle on or before April 30, 2006. In the case of a peace officer who
possesses or receives a .50 BMG rifle after January 1, 2005, the
officer shall register the .50 BMG rifle not later than one year
after possession or receipt.
   (3) If a peace officer lawfully purchased an assault weapon or .50
BMG rifle pursuant to paragraph (1)  , either before or after
January 1, 2013,  and properly registered the firearm in his or
her name, and honorably retired from the law enforcement agency, the
officer, within 90 days of the date of his or her retirement, shall
notify the Department of Justice of his or her change in status and
continued ownership of the assault weapon or .50 BMG rifle. The
notification shall include written documentation from the head of the
law enforcement agency from which the officer retired, or a designee
of the department head, stating that the officer honorably retired
from the agency.
   (4) An honorably retired peace officer who is in possession of an
assault weapon or .50 BMG rifle that he or she lawfully purchased
pursuant to paragraph (1), and who honorably retired from a law
enforcement agency prior to January 1, 2013, shall not be required to
surrender the weapon so long as the honorably retired peace officer,
on or before April 1, 2013, notifies the Department of Justice of
his or her change in status and continued ownership of the assault
weapon or .50 BMG rifle.
   (5) The Department of Justice shall develop a program authorizing
a retired officer to file a "change of status" form for purposes of
this section, shall develop and adopt a form for that purpose, and
may charge the retired officer seeking to file that form a fee
covering the reasonable cost of providing this service.
   (6) With the registration, the peace officer shall include a copy
of the authorization required pursuant to this subdivision.
   (c) Nothing in this article shall be construed to limit or
prohibit the sale, delivery, or transfer of an assault weapon or a .
50 BMG rifle to, or the possession of an assault weapon or a .50 BMG
rifle by, a member of a federal law enforcement agency provided that
person is authorized by the employing agency to possess the assault
weapon or .50 BMG rifle.
   (d) As used in this section, "honorably retired" includes all
peace officers who have qualified for, and have accepted, a service
or disability retirement. "Honorably retired" does not include an
officer who has agreed to a service retirement in lieu of
termination.