SB 880, as introduced, Hall. 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 revise this definition of “assault weapon” to mean a semiautomatic centerfire rifle, or a semiautomatic pistol that does not have a fixed magazine but has any one of those specified attributes. The bill would also define “fixed magazine” to mean an ammunition feeding device contained in, or permanently attached to, a firearm in such a manner that the device cannot be removed without disassembly of the firearm action.
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 possessed an assault weapon since prior to January 1, 2017, 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 of Justice 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 that does not have a fixed magazine, as defined, and including those weapons with an ammunition feeding device that can be removed readily from the firearm with the use of a tool, register the firearm with the Department of Justice before July 1, 2017, but not before the effective date of specified regulations. The bill would permit the department to increase the $20 registration fee as long as it does not exceed the reasonable processing costs of the department. The bill would also require registrations to be submitted electronically via the Internet utilizing a public-facing application made available by the department. The 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 permit the department to charge a fee of up to $15 per person for registration through the Internet, not to exceed the reasonable processing costs of the department to be paid and deposited, as specified, for purposes of the registration program. The bill would require the department to adopt regulations for the purpose of implementing those provisions and would exempt those regulations from the Administrative Procedure Act. The 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:
Section 30515 of the Penal Code is amended to
(a) Notwithstanding Section 30510, “assault weapon”
4also means any of the following:
5(1) A semiautomatic, centerfire rifle that
begin delete has the capacity to any one of the following:
6accept a detachable magazine andend delete
8(A) A pistol grip that protrudes conspicuously beneath the action
9of the weapon.
10(B) A thumbhole stock.
11(C) A folding or telescoping stock.
12(D) A grenade launcher or flare launcher.
13(E) A flash suppressor.
14(F) A forward pistol grip.
15(2) A semiautomatic, centerfire rifle that has a fixed magazine
16with the capacity to accept more than 10 rounds.
17(3) A semiautomatic, centerfire rifle that has an overall length
18of less than 30 inches.
19(4) A semiautomatic pistol that
begin delete has the capacity to accept a
20detachable magazine andend delete
21 any one of the following:
22(A) A threaded barrel, capable of accepting a flash suppressor,
23forward handgrip, or silencer.
24(B) A second handgrip.
25(C) A shroud that is attached to, or partially or completely
26encircles, the barrel that allows the bearer to fire the weapon
27without burning the bearer’s hand, except a slide that encloses the
P4 1(D) The capacity to accept a detachable magazine at some
2location outside of the pistol grip.
3(5) A semiautomatic pistol with a fixed magazine that has the
4capacity to accept more than 10 rounds.
5(6) A semiautomatic shotgun that has both of the following:
6(A) A folding or telescoping stock.
7(B) A pistol grip that protrudes conspicuously beneath the action
8of the weapon, thumbhole stock, or vertical handgrip.
9(7) A semiautomatic shotgun that has the ability to accept a
11(8) Any shotgun with a revolving cylinder.
17 The Legislature finds a significant public purpose in
18exempting from the definition of “assault weapon” pistols that are
19designed expressly for use in Olympic target shooting events.
20Therefore, those pistols that are sanctioned by the International
21Olympic Committee and by USA Shooting, the national governing
22body for international shooting competition in the United States,
23and that were used for Olympic target shooting purposes as of
24January 1, 2001, and that would otherwise fall within the definition
25of “assault weapon” pursuant to this section are exempt, as
26provided in subdivision
begin delete (c).end delete
28 “Assault weapon” does not include either of the following:
29(1) Any antique firearm.
30(2) Any of the following pistols, because they are consistent
31with the significant public purpose expressed in subdivision
begin delete (b):end delete
|BENELLI||MP90||.32 S&W LONG|
|BENELLI||MP95||.32 S&W LONG|
|HAMMERLI||280||.32 S&W LONG|
|HAMMERLI||SP20||.32 S&W LONG|
|PARDINI||HP||.32 S&W LONG|
|PARDINI||MP||.32 S&W LONG|
|WALTHER||GSP||.32 S&W LONG|
15(3) The Department of Justice shall create a program that is
16consistent with the purposes stated in subdivision
begin delete (b)end delete
17new models of competitive pistols that would otherwise fall within
18the definition of “assault weapon” pursuant to this section from
19being classified as an assault weapon. The exempt competitive
20pistols may be based on recommendations by USA Shooting
21consistent with the regulations contained in the USA Shooting
22Official Rules or may be based on the recommendation or rules
23of any other organization that the department deems relevant.
Section 30680 is added to the Penal Code, to read:
Notwithstanding the meaning of “assault weapon” under
26Section 30515, as amended by the act that added this section,
27Section 30605 does not apply to the possession of an assault
28weapon by a person who has possessed the assault weapon prior
29to January 1, 2017, if all of the following are applicable:
30(a) Prior to January 1, 2017, the person was eligible to register
31that assault weapon pursuant to subdivision (c) of Section 30900.
32(b) The person lawfully possessed that assault weapon prior to
33January 1, 2017.
34(c) The person registers the assault weapon by July 1, 2017, in
35accordance with subdivision (c) of Section 30900.
Section 30900 of the Penal Code is amended to read:
(a) Any person who, prior to June 1, 1989, lawfully
38possessed an assault weapon, as defined in former Section 12276,
39as added by Section 3 of Chapter 19 of the Statutes of 1989, shall
40register the firearm by January 1, 1991, and any person who
P6 1lawfully possessed an assault weapon prior to the date it was
2specified as an assault weapon pursuant to former Section 12276.5,
3as added by Section 3 of Chapter 19 of the Statutes of 1989 or as
4amended by Section 1 of Chapter 874 of the Statutes of 1990 or
5Section 3 of Chapter 954 of the Statutes of 1991, shall register the
6firearm within 90 days with the Department of Justice pursuant to
7those procedures that the department may establish.
9 Except as provided in Section 30600, any person who
10lawfully possessed an assault weapon prior to the date it was
11defined as an assault weapon pursuant to former Section 12276.1,
12as it read in Section 7 of Chapter 129 of the Statutes of 1999, and
13which was not specified as an assault weapon under former Section
1412276, as added by Section 3 of Chapter 19 of the Statutes of 1989
15or as amended at any time before January 1, 2001, or former
16Section 12276.5, as added by Section 3 of Chapter 19 of the
17Statutes of 1989 or as amended at any time before January 1, 2001,
18shall register the firearm by January 1, 2001, with the department
19pursuant to those procedures that the department may establish.
21 The registration shall contain a description of the firearm
22that identifies it uniquely, including all identification marks, the
23full name, address, date of birth, and thumbprint of the owner, and
24any other information that the department may deem appropriate.
26 The department may charge a fee for registration of up to
27twenty dollars ($20) per person but not to exceed the
begin delete actualend delete
28 processing costs of the department. After the
29department establishes fees sufficient to reimburse the department
30for processing costs, fees charged shall increase at a rate not to
31exceed the legislatively approved annual cost-of-living adjustment
32for the department’s budget or as otherwise increased through the
begin delete Act.end delete The fees shall be deposited into the Dealers’ Record
35of Sale Special Account.
No reimbursement is required by this act pursuant to
30Section 6 of Article XIII B of the California Constitution because
31the only costs that may be incurred by a local agency or school
32district will be incurred because this act creates a new crime or
33infraction, eliminates a crime or infraction, or changes the penalty
34for a crime or infraction, within the meaning of Section 17556 of
35the Government Code, or changes the definition of a crime within
36the meaning of Section 6 of Article XIII B of the California