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
begin delete, rimfire orend delete centerfire rifle that does not have a fixed magazine with the capacity to accept no more than 10 rounds as an assault weapon. The bill would require a person who, between January 1, 2001, and begin delete prior to January 1, 2014,end delete 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, begin delete 2014.end delete 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.end delete
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 27566 is added to the Penal Code, to
(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
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
P3 1necessary to cover the reasonable costs of administering the
2program. The fees shall be deposited into the Dealers’ Record of
3Sale Special Account.
Section 30515 of the
Penal Code is amended to
(a) Notwithstanding Section 30510, “assault weapon”
8also means any of the following:
9(1) A semiautomatic
begin delete, rimfire orend delete centerfire rifle that does not
10have a fixed magazine with the capacity to accept no more than
12(2) A semiautomatic, centerfire rifle that has an overall length
13of less than 30 inches.
14(3) A semiautomatic pistol that has the capacity to accept a
15detachable magazine and any one of the following:
threaded barrel, capable of accepting a flash suppressor,
17forward handgrip, or silencer.
18(B) A second handgrip.
19(C) A shroud that is attached to, or partially or completely
20encircles, the barrel that allows the bearer to fire the weapon
21without burning the bearer’s hand, except a slide that encloses the
23(D) The capacity to accept a detachable magazine at some
24location outside of the pistol grip.
25(4) A semiautomatic pistol with a fixed magazine that has the
26capacity to accept more than 10 rounds.
27(5) A semiautomatic shotgun that has both of the following:
28(A) A folding or telescoping stock.
29(B) A pistol grip that protrudes conspicuously beneath the action
30of the weapon, thumbhole stock, or vertical handgrip.
31(6) A semiautomatic shotgun that has the ability to accept a
33(7) Any shotgun with a revolving cylinder.
34(b) The Legislature finds a significant public purpose in
35exempting from the definition of “assault weapon” pistols that are
36designed expressly for use in Olympic target shooting events.
37Therefore, those pistols that are sanctioned by the International
38Olympic Committee and by USA Shooting, the national governing
39body for international shooting competition in the United States,
40and that were used for Olympic target shooting purposes as of
P4 1January 1, 2001, and that would otherwise fall within the definition
2of “assault weapon” pursuant to this section are exempt, as
3provided in subdivision (c).
4(c) “Assault weapon” does not include either of the following:
5(1) Any antique firearm.
6(2) Any of the following pistols, because they are consistent
7with the significant public purpose expressed in subdivision (b):
|BENELLI||MP90||.32 S&W LONG|
|BENELLI||MP95||.32 S&W LONG|
|HAMMERLI||280||.32 S&W LONG|
|HAMMERLI||SP20||.32 S&W LONG|
|PARDINI||HP||.32 S&W LONG|
|PARDINI||MP||.32 S&W LONG|
|WALTHER||GSP||.32 S&W LONG|
30(3) The Department of Justice shall create a program that is
31consistent with the purposes stated in subdivision (b) to exempt
32new models of competitive pistols that would otherwise fall within
33the definition of “assault weapon” pursuant to this section from
34being classified as an assault weapon. The exempt competitive
35pistols may be based on recommendations by USA Shooting
36consistent with the regulations contained in the USA Shooting
37Official Rules or may be based on the recommendation or rules
38of any other organization that the department deems relevant.
39(d) For purposes of this section, the following definitions shall
P5 1(1) “Detachable magazine” means an ammunition feeding device
2that can be removed readily from the firearm without disassembly
3of the firearm action.
4(2) “Fixed magazine” means an ammunition feeding device
5contained in, or permanently attached to, a firearm in such a manner
6that the device cannot be removed without disassembly of the
Section 30900 of the Penal Code is amended to read:
(a) A person who, prior to June 1, 1989, lawfully
11possessed an assault weapon, as defined in former Section 12276,
12as added by Section 3 of Chapter 19 of the Statutes of 1989, shall
13register the firearm by January 1, 1991, and any person who
14lawfully possessed an assault weapon prior to the date it was
15specified as an assault weapon pursuant to former Section 12276.5,
16as added by Section 3 of Chapter 19 of the Statutes of 1989 or as
17amended by Section 1 of Chapter 874 of the Statutes of 1990 or
18Section 3 of Chapter 954 of the Statutes of 1991, shall register the
19firearm within 90 days with the Department of Justice pursuant to
20those procedures that the department may establish.
22 Except as provided in Section 30600, any person who
23lawfully possessed an assault weapon prior to the date it was
24defined as an assault weapon pursuant to former Section 12276.1,
25as it read in Section 7 of Chapter 129 of the Statutes of 1999, and
26which was not specified as an assault weapon under former Section
2712276, as added by Section 3 of Chapter 19 of the Statutes of 1989
28or as amended at any time before January 1, 2001, or former
29Section 12276.5, as added by Section 3 of Chapter 19 of the
30Statutes of 1989 or as amended at any time before January 1, 2001,
31shall register the firearm by January 1, 2001, with the department
32pursuant to those procedures that the department may establish.
33(c) A person who, between January 1, 2001, and prior to January
341, 2014, lawfully possessed an assault weapon that does not have
35a fixed magazine, as defined in Section 30515 and including those
36weapons with an ammunition feeding device that can be removed
37readily from the firearm with the use of a tool, shall register the
38firearm by July 1, 2014, with the department pursuant to procedures
39determined by the department.
P6 1 The registration shall contain a description of the firearm
2that identifies it uniquely, including all identification marks, the
3full name, address, date of birth, and thumbprint of the owner, and
4any other information that the department may deem appropriate.
6 The department may charge a fee for registration of up to
7twenty dollars ($20) per person but not to exceed the actual
8processing costs of the department. After the department establishes
9fees sufficient to reimburse the department for processing costs,
10fees charged shall increase at a rate not to exceed the department’s
11actual processing costs. The fees shall be deposited into the
12Dealers’ Record of Sale Special Account.
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