BILL NUMBER: SB 396	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senators Hancock and Steinberg
   (Coauthor: Senator Jackson)

                        FEBRUARY 20, 2013

   An act to amend Sections 16350 and 32310 of the Penal Code,
relating to firearms.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 396, as introduced, Hancock. Firearms: magazine capacity.
   (1) Existing law, except as specified, defines capacity to accept
more than 10 rounds to mean capable of accommodating more than 10
rounds, but specifies that this term does not apply to a feeding
device that has been permanently altered so that it cannot
accommodate more than 10 rounds.
   This bill would add that, to fall under the definition, the
magazine body must only be of sufficient length to accommodate no
more than 10 rounds of ammunition and the internal working parts of
the magazine, including, but not limited to, the follower and spring.

   (2) Existing law, except as specified, makes it a misdemeanor or
specified felony punishable by imprisonment in a county jail for any
person in this state to manufacture or cause to be manufactured,
import into the state, keep for sale, or offer or expose for sale, or
give, or lend, any large-capacity magazine.
   This bill would make any person in this state who possesses any
large-capacity magazine, regardless of the date the magazine was
acquired, punishable by imprisonment in a county jail not exceeding
one year.
   By creating a new 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:

  SECTION 1.  Section 16350 of the Penal Code is amended to read:
   16350.   (a)    As used in Section 30515,
"capacity to accept more than 10 rounds" means capable of
accommodating more than 10 rounds.  The 
    (b)     The  term  defined in
subdivision (a)  does not apply to a feeding device that has
been permanently altered so that it cannot accommodate more than 10
rounds  or to a magazine body that is only of sufficient length
to accommodate up to 10 rounds of ammunition and the internal working
parts of the magazine, including, but not limited to, the follower
and spring  .
  SEC. 2.  Section 32310 of the Penal Code is amended to read:
   32310.  Except as provided in Article 2 (commencing with Section
32400) of this chapter and in Chapter 1 (commencing with Section
17700) of Division 2 of Title 2,  commencing January 1, 2000,
 any person in this state who manufactures or causes to be
manufactured, imports into the state, keeps for sale, or offers or
exposes for sale, or who gives, or lends,  or possess  any
large-capacity magazine  , regardless of the date   the
magazine was acquired,  is punishable by imprisonment in a
county jail not exceeding one year or imprisonment pursuant to
subdivision (h) of Section 1170.
  SEC. 3.  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.