Amended in Assembly September 3, 2013

Amended in Senate May 15, 2013

Amended in Senate April 3, 2013

Senate BillNo. 396


Introduced by Senators Hancock and Steinberg

(Coauthor: Senator Jackson)

February 20, 2013


An act to amend Sections 16350, 16740, 32310, 32400, 32405, 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 anbegin delete offenseend deletebegin insert infraction punishable by a fine not to exceed $100, or a misdemeanor punishable by a fine not to exceed $100, by imprisonment in the county jail not to exceed one year, or by both that fine and imprisonment,end insert for any person to possess any large-capacity magazine, regardless of the date the magazine wasbegin delete acquired, punishable by imprisonment in a county jail not exceeding one year.end deletebegin insert acquired.end 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.

(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.

begin insert

This bill would incorporate additional changes to Section 32310 of the Penal Code proposed by AB 48 that would become operative if this bill and AB 48 are both enacted and this bill is enacted last.

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:

P3    1

SECTION 1.  

Section 16350 of the Penal Code is amended to
2read:

3

16350.  

As used in Section 30515, “capacity to accept more
4than 10 rounds” means capable of holding more than 10 rounds.
5The term does not apply to a feeding device that has been
6permanently altered so that it cannot hold more than 10 rounds.

7

SEC. 2.  

Section 16740 of the Penal Code is amended to read:

8

16740.  

(a) As used in this part, “large-capacity magazine”
9means any ammunition feeding device with the capacity to accept
10more than 10 rounds. As used in this part, “large-capacity
11magazine” also includes a feeding device that had a capacity of
12more than 10 rounds but has been permanently modified to hold
13no more than 10 rounds of ammunition.

14(b) As used in this part, “large-capacity magazine” does not
15include any of the following:

16(1) A magazine that is only of sufficient length to hold no more
17than 10 rounds of ammunition.

18(2) A .22 caliber tube ammunition feeding device.

19(3) A tubular magazine that is contained in a lever-action
20firearm.

21

SEC. 3.  

Section 32310 of the Penal Code is amended to read:

22

32310.  

(a) Except as provided in Article 2 (commencing with
23Section 32400) of this chapter and in Chapter 1 (commencing with
24Section 17700) of Division 2 of Title 2, any person in this state
25who manufactures or causes to be manufactured, imports into the
26state, keeps for sale, or offers or exposes for sale, or who gives,
27or lends, or, commencing July 1, 2014,begin delete possessend deletebegin insert possessesend insert any
28large-capacity magazine, regardless of the date the magazine was
29acquired, isbegin insert guilty of an infraction end insertpunishablebegin insert by a fine not to
30exceed one hundred dollars ($100), or is guilty of a misdemeanor
31punishableend insert
bybegin insert a fine not to exceed one hundred dollars ($100), byend insert
32 imprisonment inbegin delete aend deletebegin insert theend insert county jail notbegin delete exceedingend deletebegin insert to exceedend insert onebegin delete yearend delete
33begin insert year,end insert orbegin delete imprisonment pursuant to subdivision (h) of Section 1170.end delete
34begin insert by both that fine and imprisonment.end insert

35(b) Any person who, prior to July 1, 2014, legally possesses a
36large-capacity magazine shall dispose of that magazine by any of
37 the following means:

38(1) Remove the large-capacity magazine from the state.

P4    1(2) Prior to July 1, 2014, sell the large-capacity magazine to a
2licensed firearms dealer.

3(3) Destroy the large-capacity magazine.

4(4) Surrender the large-capacity magazine to a law enforcement
5agency for destruction.

6begin insert

begin insertSEC. 3.5.end insert  

end insert

begin insertSection 32310 of the end insertbegin insertPenal Codeend insertbegin insert is amended to read:end insert

7

32310.  

begin insert(a)end insertbegin insertend insert Except as provided in Article 2 (commencing with
8Section 32400) of this chapter and in Chapter 1 (commencing with
9Section 17700) of Division 2 of Title 2,begin delete commencing January 1,
102000,end delete
any person in this state who manufactures or causes to be
11manufactured, imports into the state, keeps for sale, or offers or
12exposes for sale, or who gives,begin delete orend delete lends,begin insert buys, receives, or,
13commencing July 1, 2014, possessesend insert
any large-capacity magazinebegin insert,
14regardless of the date the magazine was acquired,end insert
isbegin insert guilty of an
15infractionend insert
punishablebegin insert by a fine not to exceed one hundred dollars
16($100), or is guilty of a misdemeanor punishableend insert
bybegin insert a fine not to
17exceed one hundred dollars ($100), byend insert
imprisonment inbegin delete aend deletebegin insert theend insert
18 county jail notbegin delete exceedingend deletebegin insert to exceedend insert onebegin delete yearend deletebegin insert year,end insert orbegin delete imprisonment
19pursuant to subdivision (h) of Section 1170.end delete
begin insert by both that fine and
20imprisonment.end insert

begin insert

21(b) Any person who, prior to July 1, 2014, legally possesses a
22large-capacity magazine shall dispose of that magazine by any of
23the following means:

end insert
begin insert

24(1) Remove the large-capacity magazine from the state.

end insert
begin insert

25(2) Prior to July 1, 2014, sell the large-capacity magazine to a
26licensed firearms dealer.

end insert
begin insert

27(3) Destroy the large-capacity magazine.

end insert
begin insert

28(4) Surrender the large-capacity magazine to a law enforcement
29agency for destruction.

end insert
begin insert

30(c) For purposes of this section, “manufacturing” includes both
31fabricating a magazine and assembling a magazine from a
32combination of parts, including, but not limited to, the body, spring,
33follower, and floor plate or end plate, to be a fully functioning
34large-capacity magazine.

end insert
35

SEC. 4.  

Section 32400 of the Penal Code is amended to read:

36

32400.  

Section 32310 does not apply to the sale of, giving of,
37lending of, possession of, importation into this state of, or purchase
38of, any large-capacity magazine to or by any federal, state, county,
39city and county, or city agency that is charged with the enforcement
40of any law, for use by agency employees in the discharge of their
P5    1official duties, whether on or off duty, and where the use is
2authorized by the agency and is within the course and scope of
3their duties.

4

SEC. 5.  

Section 32405 of the Penal Code is amended to read:

5

32405.  

Section 32310 does not apply to the sale to, lending to,
6transfer to, purchase by, receipt of, possession of, or importation
7into this state of, a large-capacity magazine by a sworn peace
8officer, as defined in Chapter 4.5 (commencing with Section 830)
9of Title 3 of Part 2, who is authorized to carry a firearm in the
10course and scope of that officer’s duties.

11

SEC. 6.  

Section 32435 of the Penal Code is amended to read:

12

32435.  

Section 32310 does not apply to any of the following:

13(a) The sale of, giving of, lending of, possession of, importation
14into this state of, or purchase of, any large-capacity magazine, to
15or by any entity that operates an armored vehicle business pursuant
16to the laws of this state.

17(b) The lending and possession of large-capacity magazines by
18an entity specified in subdivision (a) to its authorized employees,
19while in the course and scope of employment for purposes that
20pertain to the entity’s armored vehicle business.

21(c) The return of those large-capacity magazines to the entity
22specified in subdivision (a) by those employees specified in
23subdivision (b).

24

SEC. 7.  

Section 32450 of the Penal Code is amended to read:

25

32450.  

Section 32310 does not apply to the purchase or
26possession of a large-capacity magazine by the holder of a special
27weapons permit issued pursuant to Section 31000, 32650, or 33300,
28or pursuant to Article 3 (commencing with Section 18900) of
29Chapter 1 of Division 5 of Title 2, or pursuant to Article 4
30(commencing with Section 32700) of Chapter 6 of this division,
31for any of the following purposes:

32(a) For use solely as a prop for a motion picture, television, or
33video production.

34(b) For export pursuant to federal regulations.

35(c) For resale to law enforcement agencies, government
36agencies, or the military, pursuant to applicable federal regulations.

37begin insert

begin insertSEC. 8.end insert  

end insert
begin insert

Section 3.5 of this bill incorporates amendments to
38Section 32310 of the Penal Code proposed by both this bill and
39Assembly Bill 48. It shall only become operative if (1) both bills
40are enacted and become effective on or before January 1, 2014,
P6    1(2) each bill amends Section 32310 of the Penal Code, and (3) this
2bill is enacted after Assembly Bill 48, in which case Section 3 of
3this bill shall not become operative.

end insert
4

begin deleteSEC. 8.end delete
5begin insertSEC. 9.end insert  

No reimbursement is required by this act pursuant to
6Section 6 of Article XIII B of the California Constitution because
7the only costs that may be incurred by a local agency or school
8district will be incurred because this act creates a new crime or
9infraction, eliminates a crime or infraction, or changes the penalty
10for a crime or infraction, within the meaning of Section 17556 of
11the Government Code, or changes the definition of a crime within
12the meaning of Section 6 of Article XIII B of the California
13Constitution.



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