Amended in Senate May 24, 2013

Amended in Senate March 20, 2013

Amended in Senate January 24, 2013

Senate Bill No. 47

Introduced by Senator Yee

(Coauthors: Senators De León, Leno, and Steinberg)

(Coauthors: Assembly Members Bloom, Dickinson, and Ting)

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, possesses an assault weapon, except as otherwise provided, be punished as a felony or for a period not to exceed one year in a county jail.

This bill would exempt from punishment a person who possessed an assault weapon under that provision prior to January 1, 2014, and until July 1, begin delete 2014, end delete begin insert 2015, end insert 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. 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.

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, begin delete 2014, end delete begin insert 2015, end insert with the Department of Justice. 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 specified. This bill would require the department to begin delete establish procedures end delete begin insert adopt regulations end insert for the purpose of begin delete carrying out end delete begin insert implementing end insert those provisions and would exempt begin delete them end delete begin insert those regulations end insert from the Administrative Procedure Act. This bill would also make technical and conforming changes.

(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:

SECTION 1.  

Section 30515 of the Penal Code is amended to
read:

30515.  

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

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

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

(B) A thumbhole stock.

(C) A folding or telescoping stock.

(D) A grenade launcher or flare launcher.

(E) A flash suppressor.

(F) A forward pistol grip.

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

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

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

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

(B) A second handgrip.

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

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

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

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

(A) A folding or telescoping stock.

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

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

(8) Any shotgun with a revolving cylinder.

(b) For purposes of this section, “fixed magazine” means 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.

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

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

(1) Any antique firearm.

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

 

MANUFACTURER	MODEL	CALIBER
BENELLI	MP90	.22LR
BENELLI	MP90	.32 S&W LONG
BENELLI	MP95	.22LR
BENELLI	MP95	.32 S&W LONG
HAMMERLI	280	.22LR
HAMMERLI	280	.32 S&W LONG
HAMMERLI	SP20	.22LR
HAMMERLI	SP20	.32 S&W LONG
PARDINI	GPO	.22 SHORT
PARDINI	GP-SCHUMANN	.22 SHORT
PARDINI	HP	.32 S&W LONG
PARDINI	MP	.32 S&W LONG
PARDINI	SP	.22LR
PARDINI	SPE	.22LR
WALTHER	GSP	.22LR
WALTHER	GSP	.32 S&W LONG
WALTHER	OSP	.22 SHORT
WALTHER	OSP-2000	.22 SHORT

 

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

SEC. 2.  

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

30680.  

Notwithstanding the meaning of “assault weapon” under
Section 30515, as amended by the act that added this section, any
person who possessed an assault weapon prior to January 1, 2014,
is exempt from punishment pursuant to Section 30605 until July
1, begin delete 2014, end delete begin insert 2015, end insert if all of the following are applicable:

(a) During the person’s possession, the person was eligible to
register that assault weapon pursuant to subdivision (c) of Section
30900.

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

SEC. 3.  

Section 30900 of the Penal Code is amended to read:

30900.  

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

(2) Except as provided in Section 30600, any person who
lawfully possessed an assault weapon prior to the date it was
defined as an assault weapon pursuant to former Section 12276.1,
as it read in Section 7 of Chapter 129 of the Statutes of 1999, and
which was not specified as an assault weapon under former Section
12276, as added by Section 3 of Chapter 19 of the Statutes of 1989
or as amended at any time before January 1, 2001, or former
Section 12276.5, as added by Section 3 of Chapter 19 of the
Statutes of 1989 or as amended at any time before January 1, 2001,
shall register the firearm by January 1, 2001, with the department
pursuant to those procedures that the department may establish.

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

(4) The department may charge a fee for registration of up to
twenty dollars ($20) per person but not to exceed the reasonable
processing costs of the department. After the department establishes
fees sufficient to reimburse the department for processing costs,
fees charged shall 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 but not
to exceed the reasonable processing costs of the department. The
fees shall be deposited into the Dealers’ Record of Sale Special
Account.

(b) (1) 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 in Section 30515,
including those weapons with an ammunition feeding device that
can be removed readily from the firearm with the use of a tool,
shall register the firearm before July 1, begin delete 2014, end delete begin insert 2015, end insert with the
department pursuant to those procedures that the department may
begin delete establish end delete begin insert establish by regulation pursuant to paragraph (5) end insert .

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

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

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

(5) The department shall begin delete establish procedures end delete begin insert adopt regulations end insert
for the purpose of begin delete carrying out end delete begin insert implementing end insert this subdivision.
These begin delete procedures end delete begin insert regulations end insert shall be exempt from the
Administrative Procedure Act.

SEC. 4.  

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