Senate Bill No. 374

Introduced by Senators Steinberg, Hancock, and Yee

February 20, 2013

An act to amend Sections 30515 and 30900 of, and to add Section 27566 to, the Penal Code, relating to firearms.

LEGISLATIVE COUNSEL’S DIGEST

SB 374, as introduced, Steinberg. Firearms: assault weapons.

Existing law regulates the sale, carrying, and control of firearms, including assault weapons, and requires assault weapons to be registered with the Department of Justice. Violation of these provisions is a crime. Existing law defines a semiautomatic, centerfire rifle that has the capacity to accept a detachable magazine and other specified features and a semiautomatic weapon that has a fixed magazine with a capacity to accept 10 or more rounds as an assault weapon.

This bill would, instead, classify a semiautomatic, rimfire or centerfire rifle that does not have a fixed magazine with the capacity to accept 10 rounds or fewer as an assault weapon. The bill would require a person who, between January 1, 2001, and prior to January 1, 2014, lawfully possessed an assault weapon that does not have a fixed magazine, including those weapons with an ammunition feeding device that can be removed readily from the firearm with the use of a tool, to register the firearm by July 1, 2014. By expanding the definition of a crime, this bill would impose a state-mandated local program.

This bill would require, on and after July 1, 2014, a Firearm Ownership Record to be submitted, as specified, to the Department of Justice for every firearm an individual owns, with prescribed exceptions, including firearms purchased from a licensed firearms dealer and documented by a Dealers’ Record of Sale transaction and assault weapons registered with the department. The bill would authorize the department to charge a fee of up to $19 per transaction for the submission of the Firearm Ownership Record.

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 27566 is added to the Penal Code, to
read:

27566.  

(a) On and after July 1, 2014, a Firearm Ownership
Record shall be submitted by prepaid mail or delivered in person
to the Department of Justice for every firearm an individual owns
or possesses.

(b) The following firearms are exempt from subdivision (a):

(1) Handguns purchased from a licensed firearms dealer and
documented by a Dealers’ Record of Sale (DROS) transaction on
and after January 1, 1991.

(2) Rifles without detachable magazines and shotguns purchased
prior to January 1, 2014.

(3) Assault weapons registered with the department pursuant
to Section 30900.

(4) Firearms for which a Firearm Ownership Record has been
previously filed by the current owner.

(c) The department may charge a fee in an amount sufficient to
reimburse the department for the reasonable costs of maintaining
the Firearm Ownership Record program, but in no case more than
nineteen dollars ($19) per transaction to process the Firearm
Ownership Record. After the department establishes the fee
amount, the department may adjust the fee amount annually as
necessary to cover the reasonable costs of administering the
program. The fees shall be deposited into the Dealers’ Record of
Sale Special Account.

SEC. 2.  

Section 30515 of the Penal Code is amended to read:

30515.  

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

begin delete

(1) A semiautomatic, centerfire rifle that has the capacity to
accept a detachable magazine and any one of the following:

end delete begin delete

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

end delete begin delete

(B) A thumbhole stock.

end delete begin delete

(C) A folding or telescoping stock.

end delete begin delete

(D) A grenade launcher or flare launcher.

end delete begin delete

(E) A flash suppressor.

end delete begin delete

(F) A forward pistol grip.

end delete begin delete

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

end delete begin insert

(1) A semiautomatic, rimfire or centerfire rifle that does not
have a fixed magazine with the capacity to accept 10 rounds or
fewer.

end insert begin delete

(3)

end delete

begin insert (2) end insert  A semiautomatic, centerfire rifle that has an overall length
of less than 30 inches.

begin delete

(4)

end delete

begin insert (3) end insert  A semiautomatic pistol that has the capacity to accept a
detachable magazine and 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.

begin delete

(5)

end delete

begin insert (4) end insert  A semiautomatic pistol with a fixed magazine that has the
capacity to accept more than 10 rounds.

begin delete

(6)

end delete

begin insert (5) end insert  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.

begin delete

(7)

end delete

begin insert (6) end insert  A semiautomatic shotgun that has the ability to accept a
detachable magazine.

begin delete

(8)

end delete

begin insert (7) end insert  Any shotgun with a revolving cylinder.

(b) 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 (c).

(c) “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 (b):

 

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 (b) 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.

begin insert

(d) For purposes of this section, the following definitions shall
apply:

end insert begin insert

(1) “Detachable magazine” means an ammunition feeding
device that can be removed readily from the firearm without
disassembly of the firearm action.

end insert begin insert

(2) “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.

end insert

SEC. 3.  

Section 30900 of the Penal Code is amended to read:

30900.  

(a)  begin delete Any end delete begin insert A end insert 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.

(b) 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.

begin insert

(c) A person who, between January 1, 2001, and prior to
January 1, 2014, lawfully possessed an assault weapon that does
not have a fixed magazine, as defined in Section 30515 and
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 by July 1, 2014, with the department
pursuant to procedures determined by the department.

end insert begin delete

(c)

end delete

begin insert (d) end insert  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.

begin delete

(d)

end delete

begin insert (e) end insert  The department may charge a fee for registration of up to
twenty dollars ($20) per person but not to exceed the actual
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 begin delete legislatively
approved annual cost-of-living adjustment for the department’s
budget or as otherwise increased through the Budget Act end delete
begin insert department end insert begin insert ’s actual precessing costs end insert . The fees shall be deposited
into the Dealers’ Record of Sale Special Account.

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.