Senate BillNo. 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:

P2    1

SECTION 1.  

Section 27566 is added to the Penal Code, to
2read:

3

27566.  

(a) On and after July 1, 2014, a Firearm Ownership
4Record shall be submitted by prepaid mail or delivered in person
5to the Department of Justice for every firearm an individual owns
6or possesses.

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

8(1) Handguns purchased from a licensed firearms dealer and
9documented by a Dealers’ Record of Sale (DROS) transaction on
10and after January 1, 1991.

11(2) Rifles without detachable magazines and shotguns purchased
12prior to January 1, 2014.

13(3) Assault weapons registered with the department pursuant
14to Section 30900.

15(4) Firearms for which a Firearm Ownership Record has been
16previously filed by the current owner.

17(c) The department may charge a fee in an amount sufficient to
18reimburse the department for the reasonable costs of maintaining
19the Firearm Ownership Record program, but in no case more than
20nineteen dollars ($19) per transaction to process the Firearm
21Ownership Record. After the department establishes the fee
22amount, the department may adjust the fee amount annually as
23necessary to cover the reasonable costs of administering the
24program. The fees shall be deposited into the Dealers’ Record of
25Sale Special Account.

26

SEC. 2.  

Section 30515 of the Penal Code is amended to read:

27

30515.  

(a) Notwithstanding Section 30510, “assault weapon”
28also means any of the following:

begin delete

P3    1(1) A semiautomatic, centerfire rifle that has the capacity to
2accept a detachable magazine and any one of the following:

end delete
begin delete

3(A) A pistol grip that protrudes conspicuously beneath the action
4of the weapon.

end delete
begin delete

5(B) A thumbhole stock.

end delete
begin delete

6(C) A folding or telescoping stock.

end delete
begin delete

7(D) A grenade launcher or flare launcher.

end delete
begin delete

8(E) A flash suppressor.

end delete
begin delete

9(F) A forward pistol grip.

end delete
begin delete

10(2) A semiautomatic, centerfire rifle that has a fixed magazine
11with the capacity to accept more than 10 rounds.

end delete
begin insert

12(1) A semiautomatic, rimfire or centerfire rifle that does not
13have a fixed magazine with the capacity to accept 10 rounds or
14fewer.

end insert
begin delete

15(3)

end delete

16begin insert(2)end insert A semiautomatic, centerfire rifle that has an overall length
17of less than 30 inches.

begin delete

18(4)

end delete

19begin insert(3)end insert A semiautomatic pistol that has the capacity to accept a
20detachable magazine and any one of the following:

21(A) A threaded barrel, capable of accepting a flash suppressor,
22forward handgrip, or silencer.

23(B) A second handgrip.

24(C) A shroud that is attached to, or partially or completely
25encircles, the barrel that allows the bearer to fire the weapon
26without burning the bearer’s hand, except a slide that encloses the
27barrel.

28(D) The capacity to accept a detachable magazine at some
29location outside of the pistol grip.

begin delete

30(5)

end delete

31begin insert(4)end insert A semiautomatic pistol with a fixed magazine that has the
32capacity to accept more than 10 rounds.

begin delete

33(6)

end delete

34begin insert(5)end insert A semiautomatic shotgun that has both of the following:

35(A) A folding or telescoping stock.

36(B) A pistol grip that protrudes conspicuously beneath the action
37of the weapon, thumbhole stock, or vertical handgrip.

begin delete

38(7)

end delete

39begin insert(6)end insert A semiautomatic shotgun that has the ability to accept a
40detachable magazine.

begin delete

P4    1(8)

end delete

2begin insert(7)end insert Any shotgun with a revolving cylinder.

3(b) The Legislature finds a significant public purpose in
4exempting from the definition of “assault weapon” pistols that are
5designed expressly for use in Olympic target shooting events.
6Therefore, those pistols that are sanctioned by the International
7Olympic Committee and by USA Shooting, the national governing
8body for international shooting competition in the United States,
9and that were used for Olympic target shooting purposes as of
10January 1, 2001, and that would otherwise fall within the definition
11of “assault weapon” pursuant to this section are exempt, as
12provided in subdivision (c).

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

14(1) Any antique firearm.

15(2) Any of the following pistols, because they are consistent
16with the significant public purpose expressed in subdivision (b):
17

 

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
P4   38

 

39(3) The Department of Justice shall create a program that is
40consistent with the purposes stated in subdivision (b) to exempt
P5    1new models of competitive pistols that would otherwise fall within
2the definition of “assault weapon” pursuant to this section from
3being classified as an assault weapon. The exempt competitive
4pistols may be based on recommendations by USA Shooting
5consistent with the regulations contained in the USA Shooting
6Official Rules or may be based on the recommendation or rules
7of any other organization that the department deems relevant.

begin insert

8(d) For purposes of this section, the following definitions shall
9apply:

end insert
begin insert

10(1) “Detachable magazine” means an ammunition feeding
11device that can be removed readily from the firearm without
12disassembly of the firearm action.

end insert
begin insert

13(2) “Fixed magazine” means an ammunition feeding device
14contained in, or permanently attached to, a firearm in such a
15manner that the device cannot be removed without disassembly of
16the firearm action.

end insert
17

SEC. 3.  

Section 30900 of the Penal Code is amended to read:

18

30900.  

(a) begin deleteAny end deletebegin insertA end insertperson who, prior to June 1, 1989, lawfully
19possessed an assault weapon, as defined in former Section 12276,
20as added by Section 3 of Chapter 19 of the Statutes of 1989, shall
21register the firearm by January 1, 1991, and any person who
22lawfully possessed an assault weapon prior to the date it was
23specified as an assault weapon pursuant to former Section 12276.5,
24as added by Section 3 of Chapter 19 of the Statutes of 1989 or as
25amended by Section 1 of Chapter 874 of the Statutes of 1990 or
26Section 3 of Chapter 954 of the Statutes of 1991, shall register the
27firearm within 90 days with the Department of Justice pursuant to
28those procedures that the department may establish.

29(b) Except as provided in Section 30600, any person who
30lawfully possessed an assault weapon prior to the date it was
31defined as an assault weapon pursuant to former Section 12276.1,
32as it read in Section 7 of Chapter 129 of the Statutes of 1999, and
33which was not specified as an assault weapon under former Section
3412276, as added by Section 3 of Chapter 19 of the Statutes of 1989
35or as amended at any time before January 1, 2001, or former
36Section 12276.5, as added by Section 3 of Chapter 19 of the
37Statutes of 1989 or as amended at any time before January 1, 2001,
38shall register the firearm by January 1, 2001, with the department
39pursuant to those procedures that the department may establish.

begin insert

P6    1(c) A person who, between January 1, 2001, and prior to
2 January 1, 2014, lawfully possessed an assault weapon that does
3not have a fixed magazine, as defined in Section 30515 and
4including those weapons with an ammunition feeding device that
5can be removed readily from the firearm with the use of a tool,
6shall register the firearm by July 1, 2014, with the department
7pursuant to procedures determined by the department.

end insert
begin delete

8(c)

end delete

9begin insert(d)end insert The registration shall contain a description of the firearm
10that identifies it uniquely, including all identification marks, the
11full name, address, date of birth, and thumbprint of the owner, and
12any other information that the department may deem appropriate.

begin delete

13(d)

end delete

14begin insert(e)end insert The department may charge a fee for registration of up to
15twenty dollars ($20) per person but not to exceed the actual
16processing costs of the department. After the department establishes
17fees sufficient to reimburse the department for processing costs,
18fees charged shall increase at a rate not to exceed thebegin delete legislatively
19approved annual cost-of-living adjustment for the department’s
20budget or as otherwise increased through the Budget Actend delete

21begin insert departmentend insertbegin insert’s actual precessing costsend insert. The fees shall be deposited
22into the Dealers’ Record of Sale Special Account.

23

SEC. 4.  

No reimbursement is required by this act pursuant to
24Section 6 of Article XIII B of the California Constitution because
25the only costs that may be incurred by a local agency or school
26district will be incurred because this act creates a new crime or
27infraction, eliminates a crime or infraction, or changes the penalty
28for a crime or infraction, within the meaning of Section 17556 of
29the Government Code, or changes the definition of a crime within
30the meaning of Section 6 of Article XIII B of the California
31Constitution.



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