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 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, for any person to possess any large-capacity magazine, regardless of the date the magazine was acquired. 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.
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.
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 16350 of the Penal Code is amended to
2read:
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.
Section 16740 of the Penal Code is amended to read:
(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.
Section 32310 of the Penal Code is amended to read:
(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, possesses any
28large-capacity magazine, regardless of the date the magazine was
29acquired, is guilty of an infraction punishable
by a fine not to
30exceed one hundred dollars ($100), or is guilty of a misdemeanor
31punishable
by a fine not to exceed one hundred dollars ($100), by
32imprisonment in the county jail not to exceed one year, or
by both
33that fine and imprisonment.
34(b) Any person who, prior to July 1, 2014, legally possesses a
35large-capacity magazine shall dispose of that magazine by any of
36
the following means:
37(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.
Section 32310 of the Penal Code is amended to read:
(a) 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, any person in this state
10who manufactures or causes to be manufactured, imports into the
11state, keeps for sale, or offers or exposes for sale, or who gives,
12
lends, buys, receives, or, commencing July 1, 2014, possesses any
13large-capacity magazine, regardless of the date the magazine was
14acquired, is guilty of an infraction punishable by a fine not to
15exceed one hundred dollars ($100), or is guilty of a misdemeanor
16punishable by a fine not to exceed one hundred dollars ($100), by
17imprisonment in
the county jail not
to exceed one
year, or by both
18that fine and imprisonment.
19(b) Any person who, prior to July 1, 2014, legally possesses a
20large-capacity magazine shall dispose of that magazine by any of
21the following means:
22(1) Remove the large-capacity magazine from the state.
23(2) Prior to July 1, 2014, sell the large-capacity magazine to a
24licensed firearms dealer.
25(3) Destroy the large-capacity magazine.
26(4) Surrender the large-capacity magazine to a law enforcement
27agency for destruction.
28(c) For purposes of this section, “manufacturing” includes both
29fabricating a magazine and assembling a magazine from a
30combination of parts, including, but not limited to, the body, spring,
31follower, and floor plate or end plate, to be a fully functioning
32large-capacity magazine.
begin insertSection 32310 of the end insertbegin insertPenal Codeend insertbegin insert is amended to read:end insert
begin insert(a)end insertbegin insert end insert Except as provided in Article 2 (commencing with
35Section 32400) of this chapter and in Chapter 1 (commencing with
36Section 17700) of Division 2 of Title 2begin delete, commencing January 1, , any person in this state who manufactures or causes to be
372000end delete
38manufactured, imports into the state, keeps for sale, or offers or
39exposes for sale, or who gives, or lends, any large-capacity
40magazine is punishable by imprisonment in a county jail not
P5 1exceeding one year or imprisonment pursuant to subdivision (h)
2of Section 1170.
3(b) Except as provided in Article 2 (commencing with Section
432400) of this chapter and in Chapter 1 (commencing with Section
517700) of Division 2 of Title 2, commencing July 1, 2014, any
6person in this state who possesses any large-capacity magazine,
7regardless of the date the magazine was acquired, is guilty of an
8infraction punishable by a fine not to exceed one hundred dollars
9($100), or is guilty of a misdemeanor punishable by a fine not to
10exceed one hundred dollars ($100), by imprisonment in a county
11jail not to exceed one year, or by both that fine and imprisonment.
12(c) Any person who, prior to July 1, 2014, legally possesses a
13large-capacity magazine shall dispose of that magazine by any of
14the following means:
15(1) Remove the large-capacity magazine from the state.
end insertbegin insert
16(2) Prior to July 1, 2014, sell the large-capacity magazine to a
17licensed firearms dealer.
18(3) Destroy the large-capacity magazine.
end insertbegin insert
19(4) Surrender the large-capacity magazine to a law enforcement
20agency for destruction.
begin insertSection 32310 of the end insertbegin insertPenal Codeend insertbegin insert is amended to read:end insert
begin insert(a)end insertbegin insert end insert 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 2begin delete, commencing January 1, , any person in this state who manufactures or causes to be
252000end delete
26manufactured, imports into the state, keeps for sale, or offers or
27exposes for sale, or who gives,begin delete orend delete lends,begin insert buys, or
receivesend insert any
28large-capacity magazine is punishable by imprisonment in a county
29jail not exceeding one year or imprisonment pursuant to subdivision
30(h) of Section 1170.
31(b) Except as provided in Article 2 (commencing with Section
3232400) of this chapter and in Chapter 1 (commencing with Section
3317700) of Division 2 of Title 2, commencing July 1, 2014, any
34person in this state who possesses any large-capacity magazine,
35regardless of the date the magazine was acquired, is guilty of an
36infraction punishable by a fine not to exceed one hundred dollars
37($100), or is guilty of a misdemeanor punishable by a fine not to
38exceed one hundred dollars ($100), by imprisonment in a county
39jail not to exceed one year, or by both that fine and imprisonment.
P6 1(c) Any person who, prior to July 1, 2014, legally possesses a
2large-capacity magazine shall dispose of that magazine by any of
3the following means:
4(1) Remove the large-capacity magazine from the state.
end insertbegin insert
5(2) Prior to July 1, 2014, sell the large-capacity magazine to a
6licensed firearms dealer.
7(3) Destroy the large-capacity magazine.
end insertbegin insert
8(4) Surrender the large-capacity magazine to a law enforcement
9agency for destruction.
10(d) For purposes of this section, “manufacturing” includes both
11fabricating a magazine and assembling a magazine from a
12combination of parts, including, but not limited to, the body, spring,
13follower, and floor plate or end plate, to be a fully functioning
14large-capacity magazine.
Section 32400 of the Penal Code is amended to read:
Section 32310 does not apply to the sale of, giving of,
17lending of, possession of, importation into this state of, or purchase
18of, any large-capacity magazine to or by any federal, state, county,
19city and county, or city agency that is charged with the enforcement
20of any law, for use by agency employees in the discharge of their
21official duties, whether on or off duty, and where the use is
22authorized by the agency and is within the course and scope of
23their duties.
Section 32405 of the Penal Code is amended to read:
Section 32310 does not apply to the sale to, lending to,
26transfer to, purchase by, receipt of, possession of, or importation
27into this state of, a large-capacity magazine by a sworn peace
28officer, as defined in Chapter 4.5 (commencing with Section 830)
29of Title 3 of Part 2, who is authorized to carry a firearm in the
30course and scope of that officer’s duties.
Section 32435 of the Penal Code is amended to read:
Section 32310 does not apply to any of the following:
33(a) The sale of, giving of, lending of, possession of, importation
34into this state of, or purchase of, any large-capacity magazine, to
35or by any entity that operates an armored vehicle business pursuant
36to the laws of this state.
37(b) The lending and possession of large-capacity magazines by
38an entity specified in subdivision (a) to its authorized employees,
39while in the course and scope of employment for purposes that
40pertain to the entity’s armored vehicle business.
P7 1(c) The return of those large-capacity magazines to the entity
2specified
in subdivision (a) by those employees specified in
3subdivision (b).
Section 32450 of the Penal Code is amended to read:
Section 32310 does not apply to the purchase or
6possession of a large-capacity magazine by the holder of a special
7weapons permit issued pursuant to Section 31000, 32650, or 33300,
8or pursuant to Article 3 (commencing with Section 18900) of
9Chapter 1 of Division 5 of Title 2, or pursuant to Article 4
10(commencing with Section 32700) of Chapter 6 of this division,
11for any of the following purposes:
12(a) For use solely as a prop for a motion picture, television, or
13video production.
14(b) For export pursuant to federal regulations.
15(c) For resale to law enforcement agencies, government
16agencies,
or the military, pursuant to applicable federal regulations.
Section 3.5 of this bill incorporates amendments to
18Section 32310 of the Penal Code proposed by both this bill and
19Assembly Bill 48. It shall only become operative if (1) both bills
20are enacted and become effective on or before January 1, 2014,
21(2) each bill amends Section 32310 of the Penal Code, and (3) this
22bill is enacted after Assembly Bill 48, in which case Section 3 of
23this bill shall not become operative.
No reimbursement is required by this act pursuant to
25Section 6 of Article XIII B of the California Constitution because
26the only costs that may be incurred by a local agency or school
27district will be incurred because this act creates a new crime or
28infraction, eliminates a crime or infraction, or changes the penalty
29for a crime or infraction, within the meaning of Section 17556 of
30the Government Code, or changes the definition of a crime within
31the meaning of Section 6 of Article XIII B of the California
32Constitution.
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