Amended in Senate April 3, 2013

Senate Bill No. 396

Introduced by Senators Hancock and Steinberg

(Coauthor: Senator Jackson)

February 20, 2013

An act to amend Sections begin delete 16350 and 32310 end delete begin insert 16350, 16740, 32310, 32400, 32405, and 32435 end insert of the Penal Code, relating to firearms.

LEGISLATIVE COUNSEL’S DIGEST

SB 396, as amended, Hancock. Firearms: magazine capacity.

(1) Existing law, begin delete except as specified, end delete begin insert for purposes pertaining to the ammunition capacity of certain assault weapons, end insert defines begin delete capacity end delete begin insert “capacity end insert to accept more than 10 begin delete rounds end delete begin insert rounds end insert begin insert ” end insert 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 begin delete 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. end delete begin insert revise that definition to mean capable of holding more than 10 rounds, but not applying to a feeding device that has been permanently altered so that it cannot hold more than 10 rounds. end insert

begin insert

(2) Existing law prohibits the sale, gift, and loan of a large-capacity magazine. Existing law defines “large-capacity magazine” to mean any ammunition feeding device with the capacity to accept more than 10 rounds, but provides that the definition may not be construed to include a feeding device that has been permanently altered so that it cannot accommodate more than 10 rounds.

end insert begin insert

This bill would include within that definition of large-capacity magazine a feeding device that had a capacity of more than 10 rounds but has been permanently modified to hold no more than 10 rounds of ammunition, and would exclude from that definition a magazine that is only of sufficient length to hold no more than 10 rounds of ammunition.

end insert begin delete

(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.

end delete

This bill begin insert , commencing July 1, 2014, end insert would make begin insert it an offens end insert begin insert e for end insert any person begin delete in this state who possesses end delete begin insert to possess end insert any large-capacity magazine, regardless of the date the magazine was acquired, punishable by imprisonment in a county jail not exceeding one year. begin insert The bill would authorize various methods by which a person in lawful possession of a large-capacity magazine may dispose of the magazine prior to the July 1, 2014, prohibition on possession. end insert

begin insert

(3) Existing law creates various exceptions to that crime, which include, but are not limited to, the sale of, giving of, lending of, importation into this state of, or purchase of, any large-capacity magazine to or by any federal, state, county, city and county, or city agency that is charged with the enforcement of any law, for use by agency employees in the discharge of their official duties, whether on or off duty, and where the use is authorized by the agency and is within the course and scope of their duties.

end insert begin insert

This bill would make conforming changes by adding possession to those provisions.

end insert

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:

begin delete

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.

(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.

end delete

begin insert

begin insert SECTION 1. end insert   

end insert

begin insert Section 16350 of the end insert begin insert Penal Code end insert begin insert is amended to
read: end insert

16350.  

As used in Section 30515, “capacity to accept more
than 10 rounds” means capable of begin delete accommodating end delete begin insert holding end insert more
than 10 rounds. The term does not apply to a feeding device that
has been permanently altered so that it cannot begin delete accommodate end delete begin insert hold end insert
more than 10 rounds.

begin insert

begin insert SEC. 2. end insert   

end insert

begin insert Section 16740 of the end insert begin insert Penal Code end insert begin insert is amended to read: end insert

16740.  

begin insert (a) end insert begin insert   end insert As used in this part, “large-capacity magazine”
means any ammunition feeding device with the capacity to accept
more than 10 begin delete rounds, but shall not be construed to include any of
the following: end delete begin insert rounds. As used in this part, “large-capacity
magazine” also includes a feeding device that had a capacity of
more than 10 rounds but has been permanently modified to hold
no more than 10 rounds of ammunition. end insert

begin insert

(b) As used in this part, “large-capacity magazine” does not
include any of the following:

end insert begin insert

(1) A magazine that is only of sufficient length to hold no more
than 10 rounds of ammunition.

end insert begin insert

(2) A .22 caliber tube ammunition feeding device.

end insert begin insert

(3) A tubular magazine that is contained in a lever-action
firearm.

end insert begin delete

(a) A feeding device that has been permanently altered so that
it cannot accommodate more than 10 rounds.

(b) A .22 caliber tube ammunition feeding device.

(c) A tubular magazine that is contained in a lever-action
firearm.

end delete

begin delete SEC. 2. end delete
begin insert SEC. 3. end insert   

Section 32310 of the Penal Code is amended to read:

32310.  

begin insert (a) end insert begin insert   end insert 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, 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 begin insert , commencing July 1, 2014, end insert 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.

begin insert

(b) Any person who, prior to July 1, 2014, legally possesses a
large-capacity magazine shall dispose of that magazine by any of
the following means:

end insert begin insert

(1) Remove the large-capacity magazine from the state.

end insert begin insert

(2) Prior to July 1, 2014, sell the large-capacity magazine to a
licensed firearms dealer.

end insert begin insert

(3) Destroy the large-capacity magazine.

end insert begin insert

(4) Surrender the large-capacity magazine to a law enforcement
agency for destruction.

end insert

begin insert

begin insert SEC. 4. end insert   

end insert

begin insert Section 32400 of the end insert begin insert Penal Code end insert begin insert is amended to read: end insert

32400.  

Section 32310 does not apply to the sale of, giving of,
lending of, begin insert possession of, end insert importation into this state of, or purchase
of, any large-capacity magazine to or by any federal, state, county,
city and county, or city agency that is charged with the enforcement
of any law, for use by agency employees in the discharge of their
official duties, whether on or off duty, and where the use is
authorized by the agency and is within the course and scope of
their duties.

begin insert

begin insert SEC. 5. end insert   

end insert

begin insert Section 32405 of the end insert begin insert Penal Code end insert begin insert is amended to read: end insert

32405.  

Section 32310 does not apply to the sale to, lending to,
transfer to, purchase by, receipt of, begin insert possession of, end insert or importation
into this state of, a large-capacity magazine by a sworn peace
officer, as defined in Chapter 4.5 (commencing with Section 830)
of Title 3 of Part 2, who is authorized to carry a firearm in the
course and scope of that officer’s duties.

begin insert

begin insert SEC. 6. end insert   

end insert

begin insert Section 32435 of the end insert begin insert Penal Code end insert begin insert is amended to read: end insert

32435.  

Section 32310 does not apply to any of the following:

(a) The sale of, giving of, lending of, begin insert possession of, end insert importation
into this state of, or purchase of, any large-capacity magazine, to
or by any entity that operates an armored vehicle business pursuant
to the laws of this state.

(b) The lending begin insert and possession end insert of large-capacity magazines by
an entity specified in subdivision (a) to its authorized employees,
while in the course and scope of employment for purposes that
pertain to the entity’s armored vehicle business.

(c) The return of those large-capacity magazines to the entity
specified in subdivision (a) by those employees specified in
subdivision (b).

begin delete SEC. 3. end delete
begin insert SEC. 7. end insert   

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.