BILL NUMBER: SB 396 AMENDED
BILL TEXT
AMENDED IN SENATE MAY 15, 2013
AMENDED IN SENATE APRIL 3, 2013
INTRODUCED BY Senators Hancock and Steinberg
(Coauthor: Senator Jackson)
FEBRUARY 20, 2013
An act to amend Sections 16350, 16740, 32310, 32400, 32405,
and 32435 , and 32450 of the Penal
Code, relating to firearms.
LEGISLATIVE COUNSEL'S DIGEST
SB 396, as amended, Hancock. Firearms: magazine capacity.
(1) Existing law, for purposes pertaining to the ammunition
capacity of certain assault weapons, 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 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.
(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.
This bill, commencing July 1, 2014, would make it an offense for
any person 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 the holder of a special weapons permit for use
as a prop for a motion picture, or 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. As used in Section 30515, "capacity to accept more than 10
rounds" means capable of holding more than 10 rounds. The term does
not apply to a feeding device that has been permanently altered so
that it cannot 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. 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.
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. 7. Section 32450 of the
Penal Code is amended to read:
32450. Section 32310 does not apply to the purchase or
possession of a large-capacity magazine by the holder of a
special weapons permit issued pursuant to Section 31000, 32650, or
33300, or pursuant to Article 3 (commencing with Section 18900) of
Chapter 1 of Division 5 of Title 2, or pursuant to Article 4
(commencing with Section 32700) of Chapter 6 of this division, for
any of the following purposes:
(a) For use solely as a prop for a motion picture, television, or
video production.
(b) For export pursuant to federal regulations.
(c) For resale to law enforcement agencies, government agencies,
or the military, pursuant to applicable federal regulations.
SEC. 7. SEC. 8. 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.