Amended in Assembly September 6, 2013

Amended in Assembly August 5, 2013

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 30900begin delete ofend deletebegin insert of,end insertbegin insert and to add Section 30902 to,end insert 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 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 December 31, 2013, inclusive, 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, and who, on or after January 1, 2014, possesses that firearm, to register the firearm by July 1, 2015. By expanding the definition of a crime, this bill would impose a state-mandated local program.

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 30515 of the Penal Code is amended to
2read:

3

30515.  

(a) Notwithstanding Section 30510, “assault weapon”
4also means any of the following:

5(1) A semiautomatic centerfire rifle that does not have a fixed
6magazine with the capacity to accept no more than 10 rounds.

7(2) A semiautomatic, centerfire rifle that has an overall length
8of less than 30 inches.

9(3) A semiautomatic pistol that has the capacity to accept a
10detachable magazine and any one of the following:

11(A) A threaded barrel, capable of accepting a flash suppressor,
12forward handgrip, or silencer.

13(B) A second handgrip.

14(C) A shroud that is attached to, or partially or completely
15encircles, the barrel that allows the bearer to fire the weapon
16without burning the bearer’s hand, except a slide that encloses the
17barrel.

18(D) The capacity to accept a detachable magazine at some
19location outside of the pistol grip.

20(4) A semiautomatic pistol with a fixed magazine that has the
21capacity to accept more than 10 rounds.

22(5) A semiautomatic shotgun that has both of the following:

23(A) A folding or telescoping stock.

24(B) A pistol grip that protrudes conspicuously beneath the action
25of the weapon, thumbhole stock, or vertical handgrip.

26(6) A semiautomatic shotgun that has the ability to accept a
27detachable magazine.

28(7) Any shotgun with a revolving cylinder.

29(b) The Legislature finds a significant public purpose in
30exempting from the definition of “assault weapon” pistols that are
P3    1designed expressly for use in Olympic target shooting events.
2Therefore, those pistols that are sanctioned by the International
3Olympic Committee and by USA Shooting, the national governing
4body for international shooting competition in the United States,
5and that were used for Olympic target shooting purposes as of
6January 1, 2001, and that would otherwise fall within the definition
7of “assault weapon” pursuant to this section are exempt, as
8provided in subdivision (c).

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

10(1) Any antique firearm.

11(2) Any of the following pistols, because they are consistent
12with the significant public purpose expressed in subdivision (b):
13

 

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
P3   34

 

35(3) The Department of Justice shall create a program that is
36consistent with the purposes stated in subdivision (b) to exempt
37new models of competitive pistols that would otherwise fall within
38the definition of “assault weapon” pursuant to this section from
39being classified as an assault weapon. The exempt competitive
40pistols may be based on recommendations by USA Shooting
P4    1consistent with the regulations contained in the USA Shooting
2Official Rules or may be based on the recommendation or rules
3of any other organization that the department deems relevant.

4(d) For purposes of this section, the following definitions shall
5apply:

6(1) “Detachable magazine” means an ammunition feeding device
7that can be removed readily from the firearm without disassembly
8of the firearm action.

9(2) “Fixed magazine” means an ammunition feeding device
10contained in, or permanently attached to, a firearm in such a manner
11that the device cannot be removed without disassembly of the
12firearm action.

13

SEC. 2.  

Section 30900 of the Penal Code is amended to read:

14

30900.  

(a) begin delete(1)end deletebegin deleteend deleteA person who, prior to June 1, 1989, lawfully
15possessed an assault weapon, as defined in former Section 12276,
16as added by Section 3 of Chapter 19 of the Statutes of 1989, shall
17register the firearm by January 1, 1991, and any person who
18lawfully possessed an assault weapon prior to the date it was
19specified as an assault weapon pursuant to former Section 12276.5,
20as added by Section 3 of Chapter 19 of the Statutes of 1989 or as
21amended by Section 1 of Chapter 874 of the Statutes of 1990 or
22Section 3 of Chapter 954 of the Statutes of 1991, shall register the
23firearm within 90 days with the Department of Justice pursuant to
24those procedures that the department may establish.

begin delete

25(2)

end delete

26begin insert(end insertbegin insertb)end insert Except as provided in Section 30600, any person who
27lawfully possessed an assault weapon prior to the date it was
28defined as an assault weapon pursuant to former Section 12276.1,
29as it read in Section 7 of Chapter 129 of the Statutes of 1999, and
30which was not specified as an assault weapon under former Section
3112276, as added by Section 3 of Chapter 19 of the Statutes of 1989
32or as amended at any time before January 1, 2001, or former
33Section 12276.5, as added by Section 3 of Chapter 19 of the
34Statutes of 1989 or as amended at any time before January 1, 2001,
35shall register the firearm by January 1, 2001, with the department
36pursuant to those procedures that the department may establish.

begin delete

37(3)

end delete

38begin insert(end insertbegin insertc)end insert The registration shall contain a description of the firearm
39that identifies it uniquely, including all identification marks, the
P5    1full name, address, date of birth, and thumbprint of the owner, and
2any other information that the department may deem appropriate.

begin delete

3(4)

end delete

4begin insert(end insertbegin insertd)end insert The department may charge a fee for registration of up to
5twenty dollars ($20) per person but not to exceed thebegin delete actualend delete
6begin insert reasonable end insert processing costs of the department. After the
7department establishes fees sufficient to reimburse the department
8forbegin insert reasonableend insert processing costs, fees charged shall increase at a
9rate not to exceed the department’sbegin delete actualend deletebegin insert reasonableend insert processing
10costs. The fees shall be deposited into the Dealers’ Record of Sale
11Special Account.

begin delete

12(b) (1) Any person who, from January 1, 2001, to December
1331, 2013, inclusive, lawfully acquired an assault weapon that does
14not have a fixed magazine, as defined in Section 30515, and
15including those weapons with an ammunition feeding device that
16can be removed readily from the firearm with the use of a tool,
17and who, on or after January 1, 2014, lawfully possesses that
18firearm, shall register the firearm by July 1, 2015, with the
19department pursuant to procedures determined by the department.

20(2) Registrations shall be submitted either electronically, via
21the Internet utilizing a public-facing application made available
22by the department, or through a licensed firearms dealer.

23(3) The registration shall contain a description of the firearm
24that identifies it uniquely, including all identification marks, the
25date that the firearm was acquired, the full name and address of
26the individual from whom, or the business from which, the firearm
27was acquired, the registrant’s full name, address, telephone number,
28date of birth, sex, height, weight, eye color, hair color, and
29California driver’s license or California identification card number.

30(4) The department may charge a fee for registration not to
31exceed fifteen dollars ($15) per person, and not to exceed the
32reasonable processing costs of the department for registrations.
33The fee shall be paid at the time of registration, and shall be
34deposited in the Dealers’ Record of Sale Special Account.

35(5) The department shall adopt rules and regulations for the
36purpose of implementing this subdivision. The regulations shall
37be exempt from the Administrative Procedure Act.

38(c) No individual shall be penalized for a violation of subdivision
39(b) prior to July 1, 2015.

end delete
40begin insert

begin insertSEC. end insertbegin insert3end insertbegin insert.end insert  

end insert

begin insertSection 30902 is added to the end insertbegin insertPenal Codeend insertbegin insert, to read:end insert

begin insert
P6    1

begin insert30902.end insert  

(a) Any person who, from January 1, 2001, to
2December 31, 2013, inclusive, lawfully acquired an assault weapon
3that does not have a fixed magazine, as defined in Section 30515,
4and including those weapons with an ammunition feeding device
5that can be removed readily from the firearm with the use of a
6tool, and who, on or after January 1, 2014, lawfully possesses that
7firearm, shall register the firearm by July 1, 2015, with the
8department pursuant to procedures determined by the department.

9(b) Registrations shall be submitted either electronically, via
10the Internet utilizing a public-facing application made available
11by the department, or through a licensed firearms dealer.

12(c) The registration shall contain a description of the firearm
13that identifies it uniquely, including all identification marks, the
14date that the firearm was acquired, the full name and address of
15the individual from whom, or the business from which, the firearm
16was acquired, the registrant’s full name, address, telephone
17number, date of birth, sex, height, weight, eye color, hair color,
18and California driver’s license or California identification card
19number.

20(d) The department may charge a fee for registration not to
21exceed fifteen dollars ($15) per person, and not to exceed the
22reasonable processing costs of the department for registrations.
23The fee shall be paid at the time of registration, and shall be
24deposited in the Dealers’ Record of Sale Special Account.

25(e) The department shall adopt rules and regulations for the
26purpose of implementing this subdivision. The regulations shall
27be exempt from the Administrative Procedure Act.

28(f) No individual shall be penalized for a violation of subdivision
29(a) prior to July 1, 2015.

end insert
30

begin deleteSEC. 3.end delete
31begin insertSEC. 4.end insert  

No reimbursement is required by this act pursuant to
32Section 6 of Article XIII B of the California Constitution because
33the only costs that may be incurred by a local agency or school
34district will be incurred because this act creates a new crime or
35infraction, eliminates a crime or infraction, or changes the penalty
36for a crime or infraction, within the meaning of Section 17556 of
37the Government Code, or changes the definition of a crime within
P7    1the meaning of Section 6 of Article XIII B of the California
2Constitution.



O

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