Amended in Senate March 20, 2013

Amended in Senate January 24, 2013

Senate BillNo. 47


Introduced by Senator Yee

(Coauthors: Senatorsbegin delete De Leónend deletebegin insert Deend insertbegin insert León, Leno,end insert and Steinberg)

(begin deleteCoauthor: end deletebegin insertCoauthors: end insertAssemblybegin delete Member Dickinsonend deletebegin insert Members Bloom, Dickinson, and Tingend insert)

December 18, 2012


An act to amend Sections 30515 and 30900 of, and to add Section 30680 to, the Penal Code, relating to firearms.

LEGISLATIVE COUNSEL’S DIGEST

SB 47, as amended, Yee. Firearms: assault weapons.

(1) Existing law generally prohibits the possession or transfer of assault weapons, except for the sale, purchase, importation, or possession of assault weapons by specified individuals, including law enforcement officers. Under existing law, “assault weapon” means, among other things, a semiautomatic, centerfire rifle or a semiautomatic pistol that has the capacity to accept a detachable magazine and has any one of specified attributes, including, for rifles, a thumbhole stock, and for pistols, a second handgrip.

This bill would revise these provisions to mean a semiautomatic, centerfire rifle or a semiautomatic pistol that does not have a fixed magazine but has any one of those specified attributes.

This bill would also define “fixed magazine” to mean an ammunition feeding device contained in, or permanently attached to, a firearm in such a manner that the device cannot be removed without disassembly of the firearm action.

By expanding the definition of an existing crime, the bill would impose a state-mandated local program.

(2) Existing law requires that any person who, within this state, possessesbegin delete any .50 BMG rifle,end deletebegin insert an assault weapon,end insert except as otherwise provided, be punishedbegin delete by a fine of $1,000, imprisonment in a county jailend deletebegin insert as a felony orend insert for a period not to exceed one yearbegin delete, or by both that fine and imprisonmentend deletebegin insert in a county jailend insert.

This bill wouldbegin delete excludeend deletebegin insert exemptend insert frombegin delete those provisionsend deletebegin insert punishmentend insert a person who possessed an assault weaponbegin insert under that provisionend insert prior tobegin insert January 1, 2014, and untilend insert July 1, 2014, if specified requirements are met.

(3) Existing law requires that, with specified exceptions, any person who, prior to January 1, 2001, lawfully possessed an assault weapon prior to the date it was defined as an assault weapon, and which was not specified as an assault weapon at the time of lawful possession, register the firearm with the Department of Justice.begin insert Existing law permits the Department of Justice to charge a fee for registration of up to $20 per person but not to exceed the actual processing costs of the department. Existing law, after the department establishes fees sufficient to reimburse the department for processing costs, requires fees charged to increase at a rate not to exceed the legislatively approved annual cost-of-living adjustment for the department’s budget or as otherwise increased through the Budget Act. Existing law requires those fees to be deposited into the Dealers’ Record of Sale Special Account. Existing law, the Administrative Procedure Act, establishes the requirements for the adoption, publication, review, and implementation of regulations by state agencies.end insert

This bill would require that any person who, from January 1, 2001, to December 31, 2013, inclusive, lawfully possessed an assault weapon that does not have a fixed magazine, as defined, and including those weapons with an ammunition feeding device that can be removed readily from the firearm with the use of a tool, register the firearm before July 1, 2014, with the Department of Justice.begin insert This bill would permit the department to increase the $20 registration fee as long as it does not exceed the reasonable processing costs of the department. This bill would also require registrations to be submitted electronically via the Internet utilizing a public-facing application made available by the department. This bill would require the registration to contain specified information, including, but not limited to, a description of the firearm that identifies it uniquely and specified information about the registrant. This bill would permit the department to charge a fee of up to $15 per person for registration through the Internet, not to exceed the reasonable processing costs of the department to be paid and deposited, as specifiedend insertbegin insert. This bill would require the department to establish procedures for the purpose of carrying out those provisions and would exempt them from the Administrative Procedure Act. This bill would also make technical and conforming changes.end insert

(4) 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:

P3    1

SECTION 1.  

Section 30515 of the Penal Code is amended to
2read:

3

30515.  

(a) Notwithstanding Section 30510, “assault weapon”
4also means any of the following:

5(1) A semiautomatic, centerfire rifle that does not have a fixed
6magazine but has any one of the following:

7(A) A pistol grip that protrudes conspicuously beneath the action
8of the weapon.

9(B) A thumbhole stock.

10(C) A folding or telescoping stock.

11(D) A grenade launcher or flare launcher.

12(E) A flash suppressor.

13(F) A forward pistol grip.

14(2) A semiautomatic, centerfire rifle that has a fixed magazine
15with the capacity to accept more than 10 rounds.

16(3) A semiautomatic, centerfire rifle that has an overall length
17of less than 30 inches.

18(4) A semiautomatic pistol that does not have a fixed magazine
19but has any one of the following:

20(A) A threaded barrel, capable of accepting a flash suppressor,
21forward handgrip, or silencer.

22(B) A second handgrip.

P4    1(C) A shroud that is attached to, or partially or completely
2encircles, the barrel that allows the bearer to fire the weapon
3without burning the bearer’s hand, except a slide that encloses the
4barrel.

5(D) The capacity to accept a detachable magazine at some
6location outside of the pistol grip.

7(5) A semiautomatic pistol with a fixed magazine that has the
8capacity to accept more than 10 rounds.

9(6) A semiautomatic shotgun that has both of the following:

10(A) A folding or telescoping stock.

11(B) A pistol grip that protrudes conspicuously beneath the action
12of the weapon, thumbhole stock, or vertical handgrip.

13(7) A semiautomatic shotgun that has the ability to accept a
14detachable magazine.

15(8) Any shotgun with a revolving cylinder.

16(b) For purposes of this section, “fixed magazine” means an
17ammunition feeding device contained in, or permanently attached
18to, a firearm in such a manner that the device cannot be removed
19without disassembly of the firearm action.

20(c) The Legislature finds a significant public purpose in
21exempting from the definition of “assault weapon” pistols that are
22designed expressly for use in Olympic target shooting events.
23Therefore, those pistols that are sanctioned by the International
24Olympic Committee and by USA Shooting, the national governing
25body for international shooting competition in the United States,
26and that were used for Olympic target shooting purposes as of
27January 1, 2001, and that would otherwise fall within the definition
28of “assault weapon” pursuant to this section are exempt, as
29provided in subdivision (d).

30(d) “Assault weapon” does not include either of the following:

31(1) Any antique firearm.

32(2) Any of the following pistols, because they are consistent
33with the significant public purpose expressed in subdivision (c):
34

 

MANUFACTURERMODELCALIBER
   
BENELLIMP90.22LR
BENELLIMP90.32 S&W LONG
BENELLIMP95.22LR
BENELLIMP95.32 S&W LONG
HAMMERLI280.22LR
HAMMERLI280.32 S&W LONG
HAMMERLISP20.22LR
HAMMERLISP20.32 S&W LONG
PARDINIGPO.22 SHORT
PARDINIGP-SCHUMANN.22 SHORT
PARDINIHP.32 S&W LONG
PARDINIMP.32 S&W LONG
PARDINISP.22LR
PARDINISPE.22LR
WALTHERGSP.22LR
WALTHERGSP.32 S&W LONG
WALTHEROSP.22 SHORT
WALTHEROSP-2000.22 SHORT
P5   15

 

16(3) The Department of Justice shall create a program that is
17consistent with the purposes stated in subdivision (c) to exempt
18new models of competitive pistols that would otherwise fall within
19the definition of “assault weapon” pursuant to this section from
20being classified as an assault weapon. The exempt competitive
21pistols may be based on recommendations by USA Shooting
22consistent with the regulations contained in the USA Shooting
23Official Rules or may be based on the recommendation or rules
24of any other organization that the department deems relevant.

25

SEC. 2.  

Section 30680 is added to the Penal Code, to read:

26

30680.  

Notwithstanding the meaning of “assault weapon” under
27Section 30515, as amended by the act that added this section,
28begin delete Section 30610 shall not apply to the possession ofend deletebegin insert any person who end insert
29begin insertpossessedend insert an assault weaponbegin delete by a person who initially possessed
30the assault weaponend delete
prior tobegin delete July 1, 2014,end deletebegin insert January 1, 2014, is exempt
31from punishment pursuant to Section 30605 until July 1, 2014,end insert
if
32all of the following are applicable:

33(a) During the person’s possession, the person was eligible to
34register that assault weapon pursuant to subdivision (c) of Section
3530900.

36(b) The person lawfully possessed that assault weapon on
37January 1, 2014.

begin delete

38(c) During the person’s possession, the person was otherwise
39in compliance with the then-applicable version of former Chapter
P6    12.3 (commencing with Section 12275) of Title 2 of Part 4 or this
2chapter, as the case may be.

end delete
3

SEC. 3.  

Section 30900 of the Penal Code is amended to read:

4

30900.  

(a) begin insert(1)end insertbegin insertend insert Any person who, prior to June 1, 1989, lawfully
5possessed an assault weapon, as defined in former Section 12276,
6as added by Section 3 of Chapter 19 of the Statutes of 1989, shall
7register the firearm by January 1, 1991, and any person who
8lawfully possessed an assault weapon prior to the date it was
9specified as an assault weapon pursuant to former Section 12276.5,
10as added by Section 3 of Chapter 19 of the Statutes of 1989 or as
11amended by Section 1 of Chapter 874 of the Statutes of 1990 or
12Section 3 of Chapter 954 of the Statutes of 1991, shall register the
13firearm within 90 days with the Department of Justice pursuant to
14those procedures that the department may establish.

begin delete

15(b)

end delete

16begin insert(2)end insert Except as provided in Section 30600, any person who
17lawfully possessed an assault weapon prior to the date it was
18defined as an assault weapon pursuant to former Section 12276.1,
19as it read in Section 7 of Chapter 129 of the Statutes of 1999, and
20which was not specified as an assault weapon under former Section
2112276, as added by Section 3 of Chapter 19 of the Statutes of 1989
22or as amended at any time before January 1, 2001, or former
23Section 12276.5, as added by Section 3 of Chapter 19 of the
24Statutes of 1989 or as amended at any time before January 1, 2001,
25shall register the firearm by January 1, 2001, with the department
26pursuant to those procedures that the department may establish.

begin delete

27(c) Any person who, from January 1, 2001, to December 31,
282013, inclusive, lawfully possessed an assault weapon that does
29not have a fixed magazine, as defined in Section 30515, and
30including those weapons with an ammunition feeding device that
31can be removed readily from the firearm with the use of a tool,
32shall register the firearm before July 1, 2014, with the department
33pursuant to those procedures that the department may establish.

34(d)

end delete

35begin insert(3)end insert The registration shall contain a description of the firearm
36that identifies it uniquely, including all identification marks, the
37full name, address, date of birth, and thumbprint of the owner, and
38any other information that the department may deem appropriate.

begin delete

39(e)

end delete

P7    1begin insert(4)end insert The department may charge a fee for registration of up to
2twenty dollars ($20) per person but not to exceed thebegin delete actualend delete
3begin insert reasonableend insert processing costs of the department. After the
4department establishes fees sufficient to reimburse the department
5for processing costs, fees charged shall increase at a rate not to
6exceed the legislatively approved annual cost-of-living adjustment
7for the department’s budget or as otherwise increased through the
8Budget Act but not to exceed thebegin delete actualend deletebegin insert reasonableend insert processing
9costs of the department. The fees shall be deposited into the
10Dealers’ Record of Sale Special Account.

begin insert

11(b) (1) Any person who, from January 1, 2001, to December
1231, 2013, inclusive, lawfully possessed an assault weapon that
13does not have a fixed magazine, as defined in Section 30515,
14including those weapons with an ammunition feeding device that
15can be removed readily from the firearm with the use of a tool,
16shall register the firearm before July 1, 2014, with the department
17pursuant to those procedures that the department may establish.

end insert
begin insert

18(2) Registrations shall be submitted electronically via the
19Internet utilizing a public-facing application made available by
20the department.

end insert
begin insert

21(3) The registration shall contain a description of the firearm
22that identifies it uniquely, including all identification marks, the
23date the firearm was acquired, the name and address of the
24individual from whom, or business from which, the firearm was
25acquired, as well as the registrant’s full name, address, telephone
26number, date of birth, sex, height, weight, eye color, hair color,
27and California driver’s license number or California identification
28card number.

end insert
begin insert

29(4) The department may charge a fee of up to fifteen dollars
30($15) per person but not to exceed the reasonable processing costs
31of the department. The fee shall be paid by debit or credit card at
32the time that the electronic registration is submitted to the
33department. The fee shall be deposited in the Dealers’ Record of
34Sale Special Account.

end insert
begin insert

35(5) The department shall establish procedures for the purpose
36of carrying out this subdivision. These procedures shall be exempt
37from the Administrative Procedure Act.

end insert
38

SEC. 4.  

No reimbursement is required by this act pursuant to
39Section 6 of Article XIII B of the California Constitution because
40the only costs that may be incurred by a local agency or school
P8    1district will be incurred because this act creates a new crime or
2infraction, eliminates a crime or infraction, or changes the penalty
3for a crime or infraction, within the meaning of Section 17556 of
4the Government Code, or changes the definition of a crime within
5the meaning of Section 6 of Article XIII B of the California
6Constitution.



O

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