Amended in Senate May 28, 2013

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 amended, 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 acceptbegin insert no more thanend insert 10 roundsbegin delete or fewerend delete 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:

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30515.  

(a) Notwithstanding Section 30510, “assault weapon”
2also means any of the following:

3(1) A semiautomatic, rimfire or centerfire rifle that does not
4have a fixed magazine with the capacity to acceptbegin insert no more thanend insert
5 10 roundsbegin delete or fewerend delete.

6(2) A semiautomatic, centerfire rifle that has an overall length
7of less than 30 inches.

8(3) A semiautomatic pistol that has the capacity to accept a
9detachable magazine and any one of the following:

10(A) A threaded barrel, capable of accepting a flash suppressor,
11forward handgrip, or silencer.

12(B) A second handgrip.

13(C) A shroud that is attached to, or partially or completely
14encircles, the barrel that allows the bearer to fire the weapon
15without burning the bearer’s hand, except a slide that encloses the
16barrel.

17(D) The capacity to accept a detachable magazine at some
18location outside of the pistol grip.

19(4) A semiautomatic pistol with a fixed magazine that has the
20capacity to accept more than 10 rounds.

21(5) A semiautomatic shotgun that has both of the following:

22(A) A folding or telescoping stock.

23(B) A pistol grip that protrudes conspicuously beneath the action
24of the weapon, thumbhole stock, or vertical handgrip.

25(6) A semiautomatic shotgun that has the ability to accept a
26detachable magazine.

27(7) Any shotgun with a revolving cylinder.

28(b) The Legislature finds a significant public purpose in
29exempting from the definition of “assault weapon” pistols that are
30designed expressly for use in Olympic target shooting events.
31Therefore, those pistols that are sanctioned by the International
32Olympic Committee and by USA Shooting, the national governing
33body for international shooting competition in the United States,
34and that were used for Olympic target shooting purposes as of
35January 1, 2001, and that would otherwise fall within the definition
36of “assault weapon” pursuant to this section are exempt, as
37provided in subdivision (c).

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

39(1) Any antique firearm.

P4    1(2) Any of the following pistols, because they are consistent
2with the significant public purpose expressed in subdivision (b):
3

 

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   24

 

25(3) The Department of Justice shall create a program that is
26consistent with the purposes stated in subdivision (b) to exempt
27new models of competitive pistols that would otherwise fall within
28the definition of “assault weapon” pursuant to this section from
29being classified as an assault weapon. The exempt competitive
30pistols may be based on recommendations by USA Shooting
31consistent with the regulations contained in the USA Shooting
32Official Rules or may be based on the recommendation or rules
33of any other organization that the department deems relevant.

34(d) For purposes of this section, the following definitions shall
35apply:

36(1) “Detachable magazine” means an ammunition feeding device
37that can be removed readily from the firearm without disassembly
38of the firearm action.

39(2) “Fixed magazine” means an ammunition feeding device
40contained in, or permanently attached to, a firearm in such a manner
P5    1that the device cannot be removed without disassembly of the
2firearm action.

3

SEC. 3.  

Section 30900 of the Penal Code is amended to read:

4

30900.  

(a) A 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.

15(b) Except as provided in Section 30600, any person who
16lawfully possessed an assault weapon prior to the date it was
17defined as an assault weapon pursuant to former Section 12276.1,
18as it read in Section 7 of Chapter 129 of the Statutes of 1999, and
19which was not specified as an assault weapon under former Section
2012276, as added by Section 3 of Chapter 19 of the Statutes of 1989
21or as amended at any time before January 1, 2001, or former
22Section 12276.5, as added by Section 3 of Chapter 19 of the
23Statutes of 1989 or as amended at any time before January 1, 2001,
24shall register the firearm by January 1, 2001, with the department
25pursuant to those procedures that the department may establish.

26(c) A person who, between January 1, 2001, and prior to January
271, 2014, lawfully possessed an assault weapon that does not have
28a fixed magazine, as defined in Section 30515 and including those
29weapons with an ammunition feeding device that can be removed
30readily from the firearm with the use of a tool, shall register the
31firearm by July 1, 2014, with the department pursuant to procedures
32determined by the department.

33(d) The registration shall contain a description of the firearm
34that identifies it uniquely, including all identification marks, the
35full name, address, date of birth, and thumbprint of the owner, and
36any other information that the department may deem appropriate.

37(e) The department may charge a fee for registration of up to
38twenty dollars ($20) per person but not to exceed the actual
39processing costs of the department. After the department establishes
40fees sufficient to reimburse the department for processing costs,
P6    1fees charged shall increase at a rate not to exceed the department’s
2actualbegin delete precessingend deletebegin insert processingend insert costs. The fees shall be deposited
3into the Dealers’ Record of Sale Special Account.

4

SEC. 4.  

No reimbursement is required by this act pursuant to
5Section 6 of Article XIII B of the California Constitution because
6the only costs that may be incurred by a local agency or school
7district will be incurred because this act creates a new crime or
8infraction, eliminates a crime or infraction, or changes the penalty
9for a crime or infraction, within the meaning of Section 17556 of
10the Government Code, or changes the definition of a crime within
11the meaning of Section 6 of Article XIII B of the California
12Constitution.



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