California Legislature—2015–16 Regular Session

Assembly BillNo. 1663


Introduced by Assembly Member Chiu

(Coauthors: Assembly Members Levine and Ting)

January 14, 2016


An act to amend Sections 30515 and 30900 of, and to add Section 30902 to, the Penal Code, relating to firearms.

LEGISLATIVE COUNSEL’S DIGEST

AB 1663, as introduced, Chiu. Firearms: assault weapons.

Existing law regulates the sale, carrying, and control of firearms, including assault weapons, and requires assault weapons to be registered with the Department of Justice. Violation of these provisions is a crime. Existing law defines a semiautomatic, centerfire rifle that has the capacity to accept a detachable magazine and other specified features and a semiautomatic weapon that has a fixed magazine with a capacity to accept 10 or more rounds as an assault weapon.

This bill would, instead, classify a semiautomatic centerfire rifle that does not have a fixed magazine with the capacity to accept no more than 10 rounds as an assault weapon. The bill would require a person who, between January 1, 2001, and December 31, 2016, inclusive, lawfully possessed an assault weapon that does not have a fixed magazine, including those weapons with an ammunition feeding device that can be removed readily from the firearm with the use of a tool, and who, on or after January 1, 2017, possesses that firearm, to register the firearm by July 1, 2018. By expanding the definition of a 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:

P2    1

SECTION 1.  

Section 30515 of the Penal Code is amended to
2read:

3

30515.  

(a) Notwithstanding Section 30510, “assault weapon”
4also means any of the following:

begin delete

5(1) A semiautomatic, centerfire rifle that has the capacity to
6accept a detachable magazine and any one of the following:

end delete
begin delete end deletebegin delete

7(A) A pistol grip that protrudes conspicuously beneath the action
8of the weapon.

end delete
begin delete end deletebegin delete end deletebegin delete

9(B) A thumbhole stock.

end delete
begin delete end deletebegin delete end deletebegin delete

10(C) A folding or telescoping stock.

end delete
begin delete end deletebegin delete end deletebegin delete

11(D) A grenade launcher or flare launcher.

end delete
begin delete end deletebegin delete end deletebegin delete

12(E) A flash suppressor.

end delete
begin delete end deletebegin delete end deletebegin delete

13(F) A forward pistol grip.

end delete
begin delete end deletebegin delete

14(2)

end delete

15begin insert(1)end insert Abegin delete semiautomatic,end deletebegin insert semiautomaticend insert centerfire rifle thatbegin delete hasend delete
16begin insert does not haveend insert a fixed magazine with the capacity to acceptbegin insert noend insert
17 more than 10 rounds.

begin delete

18(3)

end delete

19begin insert(2)end insert A semiautomatic, centerfire rifle that has an overall length
20of less than 30 inches.

begin delete

21(4)

end delete

22begin insert(3)end insert A semiautomatic pistol that has the capacity to accept a
23detachable magazine and any one of the following:

24(A) A threaded barrel, capable of accepting a flash suppressor,
25forward handgrip, or silencer.

26(B) A second handgrip.

27(C) A shroud that is attached to, or partially or completely
28encircles, the barrel that allows the bearer to fire the weapon
29without burning the bearer’s hand, except a slide that encloses the
30barrel.

P3    1(D) The capacity to accept a detachable magazine at some
2location outside of the pistol grip.

begin delete

3(5)

end delete

4begin insert(4)end insert A semiautomatic pistol with a fixed magazine that has the
5capacity to accept more than 10 rounds.

begin delete

6(6)

end delete

7begin insert(5)end insert A semiautomatic shotgun that has both of the following:

8(A) A folding or telescoping stock.

9(B) A pistol grip that protrudes conspicuously beneath the action
10of the weapon, thumbhole stock, or vertical handgrip.

begin delete

11(7)

end delete

12begin insert(6)end insert A semiautomatic shotgun that has the ability to accept a
13detachable magazine.

begin delete

14(8)

end delete

15begin insert(7)end insert Any shotgun with a revolving cylinder.

16(b) The Legislature finds a significant public purpose in
17exempting from the definition of “assault weapon” pistols that are
18designed expressly for use in Olympic target shooting events.
19Therefore, those pistols that are sanctioned by the International
20Olympic Committee and by USA Shooting, the national governing
21body for international shooting competition in the United States,
22and that were used for Olympic target shooting purposes as of
23January 1, 2001, and that would otherwise fall within the definition
24of “assault weapon” pursuant to this section are exempt, as
25provided in subdivision (c).

26(c) “Assault weapon” does not include either of the following:

27(1) Any antique firearm.

28(2) Any of the following pistols, because they are consistent
29with the significant public purpose expressed in subdivision (b):
30

 

MANUFACTURERMODELCALIBER
   
BENELLIMP90.22LR
BENELLIMP90.32 S&W LONG
BENELLIMP95.22LR
BENELLIMP95.32 S&W LONG
HAMMERLI280.22LR
HAMMERLI280.32 S&W LONG
HAMMERLISP20.22LR
HAMMERLISP20.32 S&W LONG
PARDINIGPO.22 SHORT
PARDINIGP-SCHUMANN.22 SHORT
PARDINIHP.32 S&W LONG
PARDINIMP.32 S&W LONG
PARDINISP.22LR
PARDINISPE.22LR
WALTHERGSP.22LR
WALTHERGSP.32 S&W LONG
WALTHEROSP.22 SHORT
WALTHEROSP-2000.22 SHORT
P4   11

 

12(3) The Department of Justice shall create a program that is
13consistent with the purposes stated in subdivision (b) to exempt
14new models of competitive pistols that would otherwise fall within
15the definition of “assault weapon” pursuant to this section from
16being classified as an assault weapon. The exempt competitive
17pistols may be based on recommendations by USA Shooting
18consistent with the regulations contained in the USA Shooting
19Official Rules or may be based on the recommendation or rules
20of any other organization that the department deems relevant.

begin insert

21(d) For purposes of this section, the following definitions shall
22apply:

end insert
begin insert

23(1) “Detachable magazine” means an ammunition feeding
24device that can be removed readily from the firearm without
25disassembly of the firearm action.

end insert
begin insert

26(2) “Fixed magazine” means an ammunition feeding device
27contained in, or permanently attached to, a firearm in such a
28manner that the device cannot be removed without disassembly of
29the firearm action.

end insert
30

SEC. 2.  

Section 30900 of the Penal Code is amended to read:

31

30900.  

(a) begin deleteAny end deletebegin insertA end insertperson who, prior to June 1, 1989, lawfully
32possessed an assault weapon, as defined in former Section 12276,
33as added by Section 3 of Chapter 19 of the Statutes of 1989, shall
34register the firearm by January 1, 1991, and any person who
35lawfully possessed an assault weapon prior to the date it was
36specified as an assault weapon pursuant to former Section 12276.5,
37as added by Section 3 of Chapter 19 of the Statutes of 1989 or as
38amended by Section 1 of Chapter 874 of the Statutes of 1990 or
39Section 3 of Chapter 954 of the Statutes of 1991, shall register the
P5    1firearm within 90 days with the Department of Justice pursuant to
2those procedures that the department may establish.

3(b) Except as provided in Section 30600, any person who
4lawfully possessed an assault weapon prior to the date it was
5defined as an assault weapon pursuant to former Section 12276.1,
6as it read in Section 7 of Chapter 129 of the Statutes of 1999, and
7which was not specified as an assault weapon under former Section
812276, as added by Section 3 of Chapter 19 of the Statutes of 1989
9or as amended at any time before January 1, 2001, or former
10Section 12276.5, as added by Section 3 of Chapter 19 of the
11Statutes of 1989 or as amended at any time before January 1, 2001,
12shall register the firearm by January 1, 2001, with the department
13pursuant to those procedures that the department may establish.

14(c) The registration shall contain a description of the firearm
15that identifies it uniquely, including all identification marks, the
16full name, address, date of birth, and thumbprint of the owner, and
17any other information that the department may deem appropriate.

18(d) The department may charge a fee for registration of up to
19twenty dollars ($20) per person but not to exceed thebegin delete actualend delete
20begin insert reasonableend insert processing costs of the department. After the
21department establishes fees sufficient to reimburse the department
22forbegin insert reasonableend insert processing costs, fees charged shall increase at a
23rate not to exceed thebegin delete legislatively approved annual cost-of-living
24adjustment for theend delete
department’sbegin delete budget or as otherwise increased
25through the Budget Act.end delete
begin insert reasonable processing costs.end insert The fees
26shall be deposited into the Dealers’ Record of Sale Special
27Account.

28

SEC. 3.  

Section 30902 is added to the Penal Code, to read:

29

30902.  

(a) Any person who, from January 1, 2001, to
30December 31, 2016, inclusive, lawfully acquired an assault weapon
31that does not have a fixed magazine, as defined in Section 30515,
32and including those weapons with an ammunition feeding device
33that can be removed readily from the firearm with the use of a tool,
34and who, on or after January 1, 2017, lawfully possesses that
35firearm, shall register the firearm by July 1, 2018, with the
36department pursuant to procedures determined by the department.

37(b) Registrations shall be submitted either electronically, via
38the Internet utilizing a public-facing application made available
39by the department, or through a licensed firearms dealer.

P6    1(c) The registration shall contain a description of the firearm
2that identifies it uniquely, including all identification marks, the
3date that the firearm was acquired, the full name and address of
4the individual from whom, or the business from which, the firearm
5was acquired, the registrant’s full name, address, telephone number,
6date of birth, sex, height, weight, eye color, hair color, and
7California driver’s license or California identification card number.

8(d) The department may charge a fee for registration not to
9exceed fifteen dollars ($15) per person, and not to exceed the
10reasonable processing costs of the department for registrations.
11The fee shall be paid at the time of registration, and shall be
12deposited in the Dealers’ Record of Sale Special Account.

13(e) The department shall adopt rules and regulations for the
14purpose of implementing this subdivision. The regulations shall
15 be exempt from the Administrative Procedure Act.

16(f) No individual shall be penalized for a violation of subdivision
17(a) prior to July 1, 2018.

18

SEC. 4.  

No reimbursement is required by this act pursuant to
19Section 6 of Article XIII B of the California Constitution because
20the only costs that may be incurred by a local agency or school
21district will be incurred because this act creates a new crime or
22infraction, eliminates a crime or infraction, or changes the penalty
23for a crime or infraction, within the meaning of Section 17556 of
24the Government Code, or changes the definition of a crime within
25the meaning of Section 6 of Article XIII B of the California
26Constitution.



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