BILL NUMBER: AB 1034 INTRODUCED BILL TEXT 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: SECTION 1. Section 16460 of the Penal Code is amended to read: 16460. (a) As used in Sections 16510, 16520, and 16780, and in Chapter 1 (commencing with Section 18710) of Division 5 of Title 2, "destructive device" includes any of the following weapons: (1)
AnyA projectile containing anyan explosive or incendiary material or anyother chemical substance, including, but not limited to, that which is commonly known as tracer or incendiary ammunition, except tracer ammunition manufactured for use in shotguns. (2) AnyA bomb, grenade, explosive missile, or similar device or anya launching device therefor. (3) AnyA weapon of a caliber greater than 0.60 caliber whichthat fires fixed ammunition, or any ammunition therefor, other than a shotgun (smooth or rifled bore) conforming to the definition of a "destructive device" found in subsection (b) of Section 479.11 of Title 27 of the Code of Federal Regulations, shotgun ammunition (single projectile or shot), antique rifle, or an antique cannon. (4) AnyA rocket, rocket-propelled projectile, or similar device of a diameter greater than 0.60 inch, or anya launching device therefor, and anya rocket, rocket-propelled projectile, or similar device containing anyan explosive or incendiary material or anyother chemical substance, other than the propellant for that device, except those devices as are designed primarily for emergency or distress signaling purposes. (5) AnyA breakable container that contains a flammable liquid with a flashpoint of 150 degrees Fahrenheit or less and has a wick or similar device capable of being ignited, other than a device whichthat is commercially manufactured primarily for the purpose of illumination. (6) AnyA sealed device containing dry ice (CO2) or other chemically reactive substances assembled for the purpose of causing an explosion by a chemical reaction. (b) A bullet containing or carrying an explosive agent is not a destructive device as that term is used in subdivision (a).