BILL NUMBER: SB 396 AMENDED
BILL TEXT
AMENDED IN SENATE APRIL 3, 2013
INTRODUCED BY Senators Hancock and Steinberg
(Coauthor: Senator Jackson)
FEBRUARY 20, 2013
An act to amend Sections 16350 and 32310
16350, 16740, 32310, 32400, 32405, and 32435 of the Penal Code,
relating to firearms.
LEGISLATIVE COUNSEL'S DIGEST
SB 396, as amended, Hancock. Firearms: magazine capacity.
(1) Existing law, except as specified, for
purposes pertaining to the ammunition capacity of certain assault
weapons, defines capacity "capacity
to accept more than 10 rounds 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.
revise that definition to mean capable of holding
more than 10 rounds, but not appl ying to a feeding device
that has been permanently altered so that it cannot hold more than
10 rounds.
(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.
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.
(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 , commencing July 1, 2014, would make it
an offens e for any person in this state
who possesses to possess any large-capacity
magazine, regardless of the date the magazine was acquired,
punishable by imprisonment in a county jail not exceeding one year.
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.
(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.
This bill would make conforming changes by adding possession to
those provisions.
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.
(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.
SECTION 1. Section 16350 of the Penal
Code is amended to read:
16350. As used in Section 30515, "capacity to accept more than 10
rounds" means capable of accommodating
holding more than 10 rounds. The term does not apply to a
feeding device that has been permanently altered so that it cannot
accommodate hold more than 10 rounds.
SEC. 2. Section 16740 of the Penal Code
is amended to read:
16740. (a) As used in this part,
"large-capacity magazine" means any ammunition feeding device with
the capacity to accept more than 10 rounds, but shall not be
construed to include any of the following: 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.
(b) As used in this part, "large-capacity magazine" does not
include any of the following:
(1) A magazine that is only of sufficient length to hold no more
than 10 rounds of ammunition.
(2) A .22 caliber tube ammunition feeding device.
(3) A tubular magazine that is contained in a lever-action
firearm.
(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.
SEC. 2. SEC. 3. Section 32310 of the
Penal Code is amended to read:
32310. (a) 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 , commencing July 1, 2014, 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.
(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:
(1) Remove the large-capacity magazine from the state.
(2) Prior to July 1, 2014, sell the large-capacity magazine to a
licensed firearms dealer.
(3) Destroy the large-capacity magazine.
(4) Surrender the large-capacity magazine to a law enforcement
agency for destruction.
SEC. 4. Section 32400 of the Penal Code
is amended to read:
32400. Section 32310 does not apply to the sale of, giving of,
lending of, possession 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.
SEC. 5. Section 32405 of the Penal Code
is amended to read:
32405. Section 32310 does not apply to the sale to, lending to,
transfer to, purchase by, receipt of, possession of, 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.
SEC. 6. Section 32435 of the Penal Code
is amended to read:
32435. Section 32310 does not apply to any of the following:
(a) The sale of, giving of, lending of, possession of,
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 and possession 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).
SEC. 3. SEC. 7. 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.