California Legislature—2015–16 Regular Session

Assembly BillNo. 1664


Introduced by Assembly Members Levine and Ting

(Coauthor: Assembly Member Chiu)

January 14, 2016


An act to amend Sections 30515 and 30900 of, and to add Section 30680 to, the Penal Code, relating to firearms.

LEGISLATIVE COUNSEL’S DIGEST

AB 1664, as introduced, Levine. Firearms: assault weapons.

(1) Existing law generally prohibits the possession or transfer of assault weapons, except for the sale, purchase, importation, or possession of assault weapons by specified individuals, including law enforcement officers. Under existing law, “assault weapon” means, among other things, a semiautomatic, centerfire rifle or a semiautomatic pistol that has the capacity to accept a detachable magazine and has any one of specified attributes, including, for rifles, a thumbhole stock, and for pistols, a second handgrip.

This bill would define “detachable magazine” to mean an ammunition feeding device that can be removed readily from the firearm without disassembly of the firearm action, including an ammunition feeding device that can be removed readily from the firearm with the use of a tool.

By expanding the definition of an existing crime, the bill would impose a state-mandated local program.

(2) Existing law requires that any person who, within this state, possesses an assault weapon, except as otherwise provided, be punished as a felony or for a period not to exceed one year in a county jail.

This bill would exempt from punishment under that provision a person who initially possessed an assault weapon prior to January 1, 2017, and until July 1, 2018, if specified requirements are met.

(3) Existing law requires that, with specified exceptions, any person who, prior to January 1, 2001, lawfully possessed an assault weapon prior to the date it was defined as an assault weapon, and which was not specified as an assault weapon at the time of lawful possession, register the firearm with the Department of Justice. Existing law permits the department to charge a fee for registration of up to $20 per person but not to exceed the actual processing costs of the department. Existing law, after the department establishes fees sufficient to reimburse the department for processing costs, requires fees charged to increase at a rate not to exceed the legislatively approved annual cost-of-living adjustment for the department’s budget or as otherwise increased through the Budget Act. Existing law requires those fees to be deposited into the Dealers’ Record of Sale Special Account. Existing law, the Administrative Procedure Act, establishes the requirements for the adoption, publication, review, and implementation of regulations by state agencies.

This bill would require that any person who, from January 1, 2001, to December 31, 2016, inclusive, lawfully possessed an assault weapon with an ammunition feeding device that can be removed readily from the firearm without disassembly of the firearm action, including a weapon with an ammunition feeding device that can be removed readily from the firearm with the use of a tool, to register the firearm with the department before July 1, 2018, but not before the effective date of specified regulations. The bill would permit the department to charge a registration fee not to exceed the reasonable processing costs of the department. This bill would also require registrations to be submitted electronically via the Internet utilizing a public-facing application made available by the department. This bill would require the registration to contain specified information, including, but not limited to, a description of the firearm that identifies it uniquely and specified information about the registrant. The bill would require the department to adopt regulations for the purpose of implementing these provisions and would exempt those regulations from the Administrative Procedure Act. This bill would also make technical and conforming changes.

(4)  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.  

It is the intent of the Legislature to effectuate the
2intent of the Roberti-Roos Assault Weapons Control Act of 1989
3and to close the bullet button loophole by redefining “detachable
4magazine,” as used in Section 30515 of the Penal Code, to include
5an ammunition feeding device that can be readily removed from
6the firearm with the use of a tool.

7

SEC. 2.  

Section 30515 of the Penal Code is amended to read:

8

30515.  

(a) Notwithstanding Section 30510, “assault weapon”
9also means any of the following:

10(1) A semiautomatic, centerfire rifle that has the capacity to
11accept a detachable magazine and any one of the following:

12(A) A pistol grip that protrudes conspicuously beneath the action
13of the weapon.

14(B) A thumbhole stock.

15(C) A folding or telescoping stock.

16(D) A grenade launcher or flare launcher.

17(E) A flash suppressor.

18(F) A forward pistol grip.

19(2) A semiautomatic, centerfire rifle that has a fixed magazine
20with the capacity to accept more than 10 rounds.

21(3) A semiautomatic, centerfire rifle that has an overall length
22of less than 30 inches.

23(4) A semiautomatic pistol that has the capacity to accept a
24detachable magazine and any one of the following:

25(A) A threaded barrel, capable of accepting a flash suppressor,
26forward handgrip, or silencer.

27(B) A second handgrip.

28(C) A shroud that is attached to, or partially or completely
29encircles, the barrel that allows the bearer to fire the weapon
30without burning the bearer’s hand, except a slide that encloses the
31barrel.

32(D) The capacity to accept a detachable magazine at some
33location outside of the pistol grip.

P4    1(5) A semiautomatic pistol with a fixed magazine that has the
2capacity to accept more than 10 rounds.

3(6) A semiautomatic shotgun that has both of the following:

4(A) A folding or telescoping stock.

5(B) A pistol grip that protrudes conspicuously beneath the action
6of the weapon, thumbhole stock, or vertical handgrip.

7(7) A semiautomatic shotgun that has the ability to accept a
8detachable magazine.

9(8) Any shotgun with a revolving cylinder.

begin insert

10(b) For purposes of this section, “detachable magazine” means
11an ammunition feeding device that can be removed readily from
12the firearm without disassembly of the firearm action, including
13an ammunition feeding device that can be removed readily from
14the firearm with the use of a tool.

end insert
begin delete

15(b)

end delete

16begin insert(c)end insert 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 subdivisionbegin delete (c).end deletebegin insert (d).end insert

begin delete

26(c)

end delete

27begin insert(d)end insert “Assault weapon” does not include either of the following:

28(1) Any antique firearm.

29(2) Any of the following pistols, because they are consistent
30with the significant public purpose expressed in subdivisionbegin delete (b):end delete
31begin insert (c):end insert
32

 

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
P5   13

 

14(3) The Department of Justice shall create a program that is
15consistent with the purposes stated in subdivisionbegin delete (b)end deletebegin insert (c)end insert to exempt
16new models of competitive pistols that would otherwise fall within
17the definition of “assault weapon” pursuant to this section from
18being classified as an assault weapon. The exempt competitive
19pistols may be based on recommendations by USA Shooting
20consistent with the regulations contained in the USA Shooting
21Official Rules or may be based on the recommendation or rules
22of any other organization that the department deems relevant.

23

SEC. 3.  

Section 30680 is added to the Penal Code, to read:

24

30680.  

Notwithstanding the meaning of “assault weapon” under
25Section 30515, as amended by the act that added this section,
26Section 30605 shall not apply to the possession of an assault
27weapon by a person who initially possessed the assault weapon
28prior to January 1, 2017, until July 1, 2018, if all of the following
29are applicable:

30(a) During the person’s possession, the person was eligible to
31register that assault weapon pursuant to subdivision (b) of Section
3230900.

33(b) The person lawfully possessed that assault weapon prior to
34January 1, 2017.

35

SEC. 4.  

Section 30900 of the Penal Code is amended to read:

36

30900.  

(a) begin insert(1)end insertbegin insertend insert Any person who, prior to June 1, 1989, lawfully
37possessed an assault weapon, as defined in former Section 12276,
38as added by Section 3 of Chapter 19 of the Statutes of 1989, shall
39register the firearm by January 1, 1991, and any person who
40lawfully possessed an assault weapon prior to the date it was
P6    1specified as an assault weapon pursuant to former Section 12276.5,
2as added by Section 3 of Chapter 19 of the Statutes of 1989 or as
3amended by Section 1 of Chapter 874 of the Statutes of 1990 or
4Section 3 of Chapter 954 of the Statutes of 1991, shall register the
5firearm within 90 days with the Department of Justice pursuant to
6those procedures that the department may establish.

begin delete

7(b)

end delete

8begin insert(2)end insert Except as provided in Section 30600, any person who
9lawfully possessed an assault weapon prior to the date it was
10defined as an assault weapon pursuant to former Section 12276.1,
11as it read in Section 7 of Chapter 129 of the Statutes of 1999, and
12which was not specified as an assault weapon under former Section
1312276, as added by Section 3 of Chapter 19 of the Statutes of 1989
14or as amended at any time before January 1, 2001, or former
15Section 12276.5, as added by Section 3 of Chapter 19 of the
16Statutes of 1989 or as amended at any time before January 1, 2001,
17shall register the firearm by January 1, 2001, with the department
18pursuant to those procedures that the department may establish.

begin delete

19(c)

end delete

20begin insert(3)end insert The registration shall contain a description of the firearm
21that identifies it uniquely, including all identification marks, the
22full name, address, date of birth, and thumbprint of the owner, and
23any other information that the department may deem appropriate.

begin delete

24(d)

end delete

25begin insert(4)end insert The department may charge a fee for registration of up to
26twenty dollars ($20) per person but not to exceed thebegin delete actualend delete
27begin insert reasonableend insert processing costs of the department. After the
28department establishes fees sufficient to reimburse the department
29for processing costs, fees charged shall increase at a rate not to
30exceed the legislatively approved annual cost-of-living adjustment
31for the department’s budget or as otherwise increased through the
32Budgetbegin delete Act.end deletebegin insert Act, but not to exceed the reasonable processing costs
33of the department.end insert
The fees shall be deposited into the Dealers’
34Record of Sale Special Account.

begin insert

35(b) (1) Any person who, from January 1, 2001, to December
3631, 2016, inclusive, lawfully possessed an assault weapon with an
37ammunition feeding device that can be removed readily from the
38firearm without disassembly of the firearm action, as defined in
39Section 30515, including those weapons with an ammunition
40feeding device that can be removed readily from the firearm with
P7    1the use of a tool, shall register the firearm before July 1, 2018,
2but not before the effective date of the regulations adopted pursuant
3to paragraph (5), with the department pursuant to those procedures
4that the department may establish by regulation pursuant to
5paragraph (5).

end insert
begin insert

6(2) Registrations shall be submitted electronically via the
7Internet utilizing a public-facing application made available by
8the department.

end insert
begin insert

9(3) The registration shall contain a description of the firearm
10that identifies it uniquely, including all identification marks, the
11date the firearm was acquired, the name and address of the
12individual from whom, or business from which, the firearm was
13acquired, as well as the registrant’s full name, address, telephone
14number, date of birth, sex, height, weight, eye color, hair color,
15and California driver’s license number or California identification
16card number.

end insert
begin insert

17(4) The department may charge a fee of no more than the
18reasonable processing costs of the department. The fee shall be
19paid by debit or credit card at the time that the electronic
20registration is submitted to the department. The fee shall be
21deposited in the Dealers’ Record of Sale Special Account.

end insert
begin insert

22(5) The department shall adopt regulations for the purpose of
23implementing this subdivision. These regulations shall be exempt
24from the Administrative Procedure Act.

end insert
25

SEC. 5.  

No reimbursement is required by this act pursuant to
26Section 6 of Article XIII B of the California Constitution because
27the only costs that may be incurred by a local agency or school
28district will be incurred because this act creates a new crime or
29infraction, eliminates a crime or infraction, or changes the penalty
30for a crime or infraction, within the meaning of Section 17556 of
31the Government Code, or changes the definition of a crime within
32the meaning of Section 6 of Article XIII B of the California
33Constitution.



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