Amended in Senate September 6, 2013

Amended in Senate August 12, 2013

Amended in Senate July 9, 2013

Amended in Senate June 24, 2013

Amended in Assembly May 24, 2013

Amended in Assembly May 7, 2013

Amended in Assembly April 4, 2013

Amended in Assembly February 4, 2013

California Legislature—2013–14 Regular Session

Assembly BillNo. 48


Introduced by Assembly Member Skinner

(Coauthors: Assembly Members Alejo, Ammiano, Bloom, Bonta, Ting, and Williams)

(Coauthors: Senators De León and Hancock)

December 20, 2012


An act to amend Section 32310 of, and to addbegin delete Sections 30367 and 32311end deletebegin insert Section 32311end insert to, the Penal Code, relating to firearms.

LEGISLATIVE COUNSEL’S DIGEST

AB 48, as amended, Skinner. Firearms:begin delete ammunition: sales.end deletebegin insert large-capacity magazines.end insert

(1) Except as specified, existing law makes it a crime to manufacture, import, keep for sale, offer or expose for sale, or give or lend any large-capacity magazine, and makes a large-capacity magazine a nuisance. Existing law defines “large-capacity magazine” to mean any ammunition feeding device with the capacity to accept more than 10 rounds but excludes, in pertinent part, a feeding device that has been permanently altered so that the magazine cannot accommodate more than 10 rounds.

This bill would make it a misdemeanor, punishable by a fine of not more than $1,000 or imprisonment in a county jail not to exceed 6 months, or by both that fine and imprisonment,begin delete to buy or receive a large capacity magazine orend delete to knowingly manufacture, import, keep for sale, offer or expose for sale, or give, lend, buy, or receive any large capacity magazine conversion kit that is capable of converting an ammunition feeding device into a large-capacity magazine.begin insert The bill would also make it a misdemeanor or a felony to buy or receive a large-capacity magazine, as specified.end insert By creating a new crime, this bill would impose a state-mandated local program.

begin delete

(2) Existing law prohibits any person, corporation, or dealer from selling ammunition to a person under 18 years of age, selling ammunition designed for use in a handgun to a person under 21 years of age, or providing possession of any ammunition to any minor who the person, corporation, or dealer knows is prohibited from possessing that ammunition at that time. Existing law prohibits a person, corporation, or firm from giving possession or control of ammunition to any person who he or she knows is prohibited by law from possessing ammunition. Existing law also regulates handgun ammunition vendors and provides that a handgun ammunition vendor shall not permit any employee who the vendor knows or reasonably should know is a person who has been convicted of a felony or other specified crimes to handle, sell, or deliver handgun ammunition in the course and scope of employment.

end delete
begin delete

This bill would require the Department of Justice to alert local law enforcement entities in the city, county, or city and county in which a purchaser resides if the purchaser obtains more than 6,000 rounds of ammunition within a 7-day period, as specified. The bill would make this requirement operative only if SB 53 of the 2013-14 Regular Session is enacted and becomes operative.

end delete
begin insert

(2) This bill would incorporate additional changes to Section 32310 of the Penal Code proposed by SB 396 that would become operative if this bill and SB 396 are both enacted and this bill is enacted last.

end insert

(3) 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:

begin delete
P3    1

SECTION 1.  

Section 30367 is added to the Penal Code, to
2read:

3

30367.  

(a) The Department of Justice shall alert local law
4enforcement entities in the city, county, or city and county in which
5the purchaser resides if the purchaser obtains more than 6,000
6rounds of ammunition within a seven-day period and the purchaser
7is an individual and not an ammunition vendor.

8(b) Subdivision (a) does not apply to or affect the sale of
9ammunition to either of the following:

10(1) An authorized law enforcement representative of a city,
11county, city and county, or state or federal government, if the sale
12is for the exclusive use by that government agency and, prior to
13the sale of the ammunition, written authorization from the head of
14the agency employing the purchaser or transferee is obtained
15identifying the employee as an individual authorized to conduct
16the transaction, and authorizing the transaction for the exclusive
17use of the agency employing the individual.

18(2) A sworn peace officer, as defined in Chapter 4.5
19(commencing with Section 830) of Title 3 of Part 2 who is
20authorized to carry a firearm in the course and scope of his or her
21duties.

end delete
22

begin deleteSEC. 2.end delete
23begin insertSECTION 1.end insert  

Section 32310 of the Penal Code is amended to
24read:

25

32310.  

(a) Except as provided in Article 2 (commencing with
26Section 32400) of this chapter and in Chapter 1 (commencing with
27Section 17700) of Division 2 of Title 2, commencing January 1,
282000, any person in this state who manufactures or causes to be
29manufactured, imports into the state, keeps for sale, or offers or
30exposes for sale, or who gives, lends, buys, or receives any
31large-capacity magazine is punishable by imprisonment in a county
32jail not exceeding one year or imprisonment pursuant to subdivision
33(h) of Section 1170.

P4    1(b) For purposes of this section, “manufacturing” includes both
2fabricating a magazine and assembling a magazine from a
3combination of parts, including, but not limited to, the body, spring,
4follower, and floor plate or end plate, to be a fully functioning
5large-capacity magazine.

6begin insert

begin insertSEC. 1.5.end insert  

end insert

begin insertSection 32310 of the end insertbegin insertPenal Codeend insertbegin insert is amended to read:end insert

7

32310.  

begin insert(a)end insertbegin insertend insertExcept as provided in Article 2 (commencing with
8Section 32400) of this chapter and in Chapter 1 (commencing with
9Section 17700) of Division 2 of Title 2,begin delete commencing January 1,
102000,end delete
any person in this state who manufactures or causes to be
11manufactured, imports into the state, keeps for sale, or offers or
12exposes for sale, or who gives,begin delete orend delete lends,begin insert buys, or receivesend insert any
13large-capacity magazine is punishable by imprisonment in a county
14jail not exceeding one year or imprisonment pursuant to subdivision
15(h) of Section 1170.

begin insert

16(b) Except as provided in Article 2 (commencing with Section
1732400) of this chapter and in Chapter 1 (commencing with Section
1817700) of Division 2 of Title 2, commencing July 1, 2014, any
19person in this state who possesses any large-capacity magazine,
20regardless of the date the magazine was acquired, is guilty of an
21infraction punishable by a fine not to exceed one hundred dollars
22($100), or is guilty of a misdemeanor punishable by a fine not to
23exceed one hundred dollars ($100), by imprisonment in a county
24jail not to exceed one year, or by both that fine and imprisonment.

end insert
begin insert

25(c) Any person who, prior to July 1, 2014, legally possesses a
26large-capacity magazine shall dispose of that magazine by any of
27the following means:

end insert
begin insert

28(1) Remove the large-capacity magazine from the state.

end insert
begin insert

29(2) Prior to July 1, 2014, sell the large-capacity magazine to a
30licensed firearms dealer.

end insert
begin insert

31(3) Destroy the large-capacity magazine.

end insert
begin insert

32(4) Surrender the large-capacity magazine to a law enforcement
33agency for destruction.

end insert
begin insert

34(d) For purposes of this section, “manufacturing” includes both
35fabricating a magazine and assembling a magazine from a
36combination of parts, including, but not limited to, the body, spring,
37follower, and floor plate or end plate, to be a fully functioning
38large-capacity magazine.

end insert
39

begin deleteSEC. 3.end delete
40begin insertSEC. 2.end insert  

Section 32311 is added to the Penal Code, to read:

P5    1

32311.  

(a) Except as provided in Article 2 (commencing with
2Section 32400) of this chapter and in Chapter 1 (commencing with
3Section 17700) of Division 2 of Title 2, commencing January 1,
42014, any person in this state who knowingly manufactures or
5causes to be manufactured, imports into the state, keeps for sale,
6or offers or exposes for sale, or who gives, lends, buys, or receives
7any large capacity magazine conversion kit is punishable by a fine
8of not more than one thousand dollars ($1,000) or imprisonment
9in a county jail not to exceed six months, or by both that fine and
10imprisonment. This section does not apply to a fully assembled
11large-capacity magazine, which is governed by Section 32310.

12(b) For purposes of this section, a “large capacity magazine
13conversion kit” is a device or combination of parts of a fully
14functioning large-capacity magazine, including, but not limited
15to, the body, spring, follower, and floor plate or end plate, capable
16of converting an ammunition feeding device into a large-capacity
17magazine.

begin delete
18

SEC. 4.  

Section 1 of this act shall become operative only if
19Senate Bill 53 of the 2013-14 Regular Session is enacted and
20becomes operative.

end delete
21begin insert

begin insertSEC. 3.end insert  

end insert
begin insert

Section 1.5 of this bill incorporates amendments to
22Section 32310 of the Penal Code proposed by both this bill and
23Senate Bill 396. It shall only become operative if (1) both bills are
24enacted and become effective on or before January 1, 2014, (2)
25each bill amends Section 32310 of the Penal Code, and (3) this
26bill is enacted after Senate Bill 396, in which case Section 1 of this
27bill shall not become operative.

end insert
28

begin deleteSEC. 5.end delete
29begin insertSEC. 4.end insert  

No reimbursement is required by this act pursuant to
30Section 6 of Article XIII B of the California Constitution because
31the only costs that may be incurred by a local agency or school
32district will be incurred because this act creates a new crime or
33infraction, eliminates a crime or infraction, or changes the penalty
34for a crime or infraction, within the meaning of Section 17556 of
35the Government Code, or changes the definition of a crime within
36the meaning of Section 6 of Article XIII B of the California
37Constitution.



O

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