Amended in Senate May 6, 2014

Senate Bill No. 1456

Introduced by Senator Nielsen

February 21, 2014

An act to begin delete amend Section 30625 of end delete begin insert add Section 30626 to end insert the Penal Code, relating to firearms.

LEGISLATIVE COUNSEL’S DIGEST

SB 1456, as amended, Nielsen. Firearms: Assault weapons and .50 BMG rifles: exemptions.

Existing law generally makes it a crime to possess, manufacture, distribute, transport, import for sale, keep for sale, offer or expose for sale, or give or lend any assault weapon or .50 BMG rifle. Under existing law, these prohibitions on assault weapons and .50 BMG rifles do not apply to the sale to, purchase by, importation begin delete of end delete begin insert by end insert , or possession by, the Department of Justice, the Department of Corrections and Rehabilitation, or to any police department or sheriff’s office, among other entities.

This bill would also make the above prohibitions inapplicable to the begin delete sale to, purchase by, importation of, or possession of, assault weapons or .50 BMG rifles by end delete begin insert sale of an assault weapon or a .50 BMG rifle to, or the purchase, importation, or possession of an assault weapon or a .50 BMG rifle by, end insert the Department of Forestry and Fire Protection. begin insert The bill would authorize the department to issue an assault weapon or a .50 BMG rifle to a peace officer employed by the department for use in performing the officer’s duties, as specified. end insert

Vote: majority. Appropriation: no. Fiscal committee:  begin delete no end delete begin insert yes end insert . State-mandated local program: no.

The people of the State of California do enact as follows:

begin insert

begin insert SECTION 1. end insert   

end insert

begin insert Section 30626 is added to the end insert begin insert Penal Code end insert begin insert , to
read: end insert

begin insert

begin insert 30626. end insert   

(a) Sections 30600, 30605, and 30610 do not apply to
the sale of an assault weapon or a .50 BMG rifle to, or the
purchase, importation, or possession of an assault weapon or a
.50 BMG rifle by, the Department of Forestry and Fire Protection.

(b) The Department of Forestry and Fire Protection may issue
an assault weapon or .50 BMG rifle to a sworn peace officer within
the department if the department determines that an assault weapon
or .50 BMG rifle is necessary for the officer to perform his or her
duties.

(c) Sections 30605 and 30610 do not prohibit the possession or
use in the course and scope of an officer’s duties of an assault
weapon or .50 BMG rifle by a sworn peace officer who is employed
by the Department of Forestry and Fire Protection.

end insert

begin delete

SECTION 1.  

Section 30625 of the Penal Code is amended to
read:

30625.  

Sections 30600, 30605, and 30610 shall not apply to
the sale to, purchase by, importation of, or possession of assault
weapons or a .50 BMG rifle by the Department of Justice, police
departments, sheriffs’ offices, marshals’ offices, the Department
of Corrections and Rehabilitation, the Department of the California
Highway Patrol, district attorneys’ offices, the Department of Fish
and Wildlife, the Department of Forestry and Fire Protection, the
Department of Parks and Recreation, or the military or naval forces
of this state or of the United States, or any federal law enforcement
agency for use in the discharge of their official duties.

end delete