California Legislature—2013–14 Regular Session

Assembly BillNo. 1034


Introduced by Assembly Member Nazarian

February 22, 2013


An act to amend Section 16460 of the Penal Code, relating to weapons.

LEGISLATIVE COUNSEL’S DIGEST

AB 1034, as introduced, Nazarian. Weapons: destructive device.

Existing law regulates the ownership and possession of various weapons, including destructive devices, as defined.

This bill would make technical, nonsubstantive changes to these provisions.

Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

The people of the State of California do enact as follows:

P1    1

SECTION 1.  

Section 16460 of the Penal Code is amended to
2read:

3

16460.  

(a) As used in Sections 16510, 16520, and 16780, and
4in Chapter 1 (commencing with Section 18710) of Division 5 of
5Title 2, “destructive device” includes any of the following weapons:

6(1) begin deleteAny end deletebegin insertA end insertprojectile containingbegin delete anyend deletebegin insert anend insert explosive or incendiary
7material orbegin delete anyend delete other chemical substance, including, but not limited
8to, that which is commonly known as tracer or incendiary
9ammunition, except tracer ammunition manufactured for use in
10shotguns.

P2    1(2) begin deleteAny end deletebegin insertA end insertbomb, grenade, explosive missile, or similar device
2orbegin delete anyend deletebegin insert aend insert launching device therefor.

3(3) begin deleteAny end deletebegin insertA end insertweapon of a caliber greater than 0.60 caliberbegin delete whichend delete
4begin insert thatend insert fires fixed ammunition, or any ammunition therefor, other
5than a shotgun (smooth or rifled bore) conforming to the definition
6of a “destructive device” found in subsection (b) of Section 479.11
7of Title 27 of the Code of Federal Regulations, shotgun ammunition
8(single projectile or shot), antique rifle, or an antique cannon.

9(4) begin deleteAny end deletebegin insertA end insertrocket, rocket-propelled projectile, or similar device
10of a diameter greater than 0.60 inch, orbegin delete anyend deletebegin insert aend insert launching device
11therefor, andbegin delete anyend deletebegin insert aend insert rocket, rocket-propelled projectile, or similar
12device containingbegin delete anyend deletebegin insert anend insert explosive or incendiary material orbegin delete anyend delete
13 other chemical substance, other than the propellant for that device,
14except those devices as are designed primarily for emergency or
15distress signaling purposes.

16(5) begin deleteAny end deletebegin insertA end insertbreakable container that contains a flammable liquid
17with a flashpoint of 150 degrees Fahrenheit or less and has a wick
18or similar device capable of being ignited, other than a device
19begin delete whichend deletebegin insert thatend insert is commercially manufactured primarily for the purpose
20of illumination.

21(6) begin deleteAny end deletebegin insertA end insertsealed device containing dry ice (CO2) or other
22chemically reactive substances assembled for the purpose of
23causing an explosion by a chemical reaction.

24(b) A bullet containing or carrying an explosive agent is not a
25destructive device as that term is used in subdivision (a).



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