BILL NUMBER: SB 880 AMENDED
BILL TEXT
AMENDED IN SENATE MARCH 28, 2016
INTRODUCED BY Senators Hall and Glazer
( Coauthors: Senators Block,
Hertzberg, Hill, and Leno
)
( Coauthor: Assembly Member
Gipson )
JANUARY 15, 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
SB 880, as amended, 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,
January 1, 2018, 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 1. Section 30515 of the Penal Code is amended to read:
30515. (a) Notwithstanding Section 30510, "assault weapon" also
means any of the following:
(1) A semiautomatic, centerfire rifle that does not have a fixed
magazine but has any one of the following:
(A) A pistol grip that protrudes conspicuously beneath the action
of the weapon.
(B) A thumbhole stock.
(C) A folding or telescoping stock.
(D) A grenade launcher or flare launcher.
(E) A flash suppressor.
(F) A forward pistol grip.
(2) A semiautomatic, centerfire rifle that has a fixed magazine
with the capacity to accept more than 10 rounds.
(3) A semiautomatic, centerfire rifle that has an overall length
of less than 30 inches.
(4) A semiautomatic pistol that does not have a fixed magazine but
has any one of the following:
(A) A threaded barrel, capable of accepting a flash suppressor,
forward handgrip, or silencer.
(B) A second handgrip.
(C) A shroud that is attached to, or partially or completely
encircles, the barrel that allows the bearer to fire the weapon
without burning the bearer's hand, except a slide that encloses the
barrel.
(D) The capacity to accept a detachable magazine at some location
outside of the pistol grip.
(5) A semiautomatic pistol with a fixed magazine that has the
capacity to accept more than 10 rounds.
(6) A semiautomatic shotgun that has both of the following:
(A) A folding or telescoping stock.
(B) A pistol grip that protrudes conspicuously beneath the action
of the weapon, thumbhole stock, or vertical handgrip.
(7) A semiautomatic shotgun that has the ability to accept a
detachable magazine.
(8) Any shotgun with a revolving cylinder.
(b) For purposes of this section, "fixed magazine" means 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.
(c) The Legislature finds a significant public purpose in
exempting from the definition of "assault weapon" pistols that are
designed expressly for use in Olympic target shooting events.
Therefore, those pistols that are sanctioned by the International
Olympic Committee and by USA Shooting, the national governing body
for international shooting competition in the United States, and that
were used for Olympic target shooting purposes as of January 1,
2001, and that would otherwise fall within the definition of "assault
weapon" pursuant to this section are exempt, as provided in
subdivision (d).
(d) "Assault weapon" does not include either of the following:
(1) Any antique firearm.
(2) Any of the following pistols, because they are consistent with
the significant public purpose expressed in subdivision (c):
MANUFACTURER MODEL CALIBER
BENELLI MP90 .22LR
BENELLI MP90 .32 S&W LONG
BENELLI MP95 .22LR
BENELLI MP95 .32 S&W LONG
HAMMERLI 280 .22LR
HAMMERLI 280 .32 S&W LONG
HAMMERLI SP20 .22LR
HAMMERLI SP20 .32 S&W LONG
PARDINI GPO .22 SHORT
PARDINI GP-SCHUMANN .22 SHORT
PARDINI HP .32 S&W LONG
PARDINI MP .32 S&W LONG
PARDINI SP .22LR
PARDINI SPE .22LR
WALTHER GSP .22LR
WALTHER GSP .32 S&W LONG
WALTHER OSP .22 SHORT
WALTHER OSP-2000 .22 SHORT
(3) The Department of Justice shall create a program that is
consistent with the purposes stated in subdivision (c) to exempt new
models of competitive pistols that would otherwise fall within the
definition of "assault weapon" pursuant to this section from being
classified as an assault weapon. The exempt competitive pistols may
be based on recommendations by USA Shooting consistent with the
regulations contained in the USA Shooting Official Rules or may be
based on the recommendation or rules of any other organization that
the department deems relevant.
SEC. 2. Section 30680 is added to the Penal Code, to read:
30680. Notwithstanding the meaning of "assault weapon" under
Section 30515, as amended by the act that added this section, Section
30605 does not apply to the possession of an assault weapon by a
person who has possessed the assault weapon prior to January 1, 2017,
if all of the following are applicable:
(a) Prior to January 1, 2017, the person was eligible to register
that assault weapon pursuant to subdivision (c) of Section 30900.
(b) The person lawfully possessed that assault weapon prior to
January 1, 2017.
(c) The person registers the assault weapon by July 1,
2017, January 1, 2018, in accordance with
subdivision (c) of Section 30900.
SEC. 3. Section 30900 of the Penal Code is amended to read:
30900. (a) (1) Any person who, prior to June 1, 1989, lawfully
possessed an assault weapon, as defined in former Section 12276, as
added by Section 3 of Chapter 19 of the Statutes of 1989, shall
register the firearm by January 1, 1991, and any person who lawfully
possessed an assault weapon prior to the date it was specified as an
assault weapon pursuant to former Section 12276.5, as added by
Section 3 of Chapter 19 of the Statutes of 1989 or as amended by
Section 1 of Chapter 874 of the Statutes of 1990 or Section 3 of
Chapter 954 of the Statutes of 1991, shall register the firearm
within 90 days with the Department of Justice pursuant to those
procedures that the department may establish.
(2) Except as provided in Section 30600, any person who lawfully
possessed an assault weapon prior to the date it was defined as an
assault weapon pursuant to former Section 12276.1, as it read in
Section 7 of Chapter 129 of the Statutes of 1999, and which was not
specified as an assault weapon under former Section 12276, as added
by Section 3 of Chapter 19 of the Statutes of 1989 or as amended at
any time before January 1, 2001, or former Section 12276.5, as added
by Section 3 of Chapter 19 of the Statutes of 1989 or as amended at
any time before January 1, 2001, shall register the firearm by
January 1, 2001, with the department pursuant to those procedures
that the department may establish.
(3) The registration shall contain a description of the firearm
that identifies it uniquely, including all identification marks, the
full name, address, date of birth, and thumbprint of the owner, and
any other information that the department may deem appropriate.
(4) The department may charge a fee for registration of up to
twenty dollars ($20) per person but not to exceed the reasonable
processing costs of the department. After the department establishes
fees sufficient to reimburse the department for processing costs,
fees charged shall 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 but not to
exceed the reasonable costs of the department. The fees shall be
deposited into the Dealers' Record of Sale Special Account.
(b) (1) 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 in Section 30515, including those
weapons with an ammunition feeding device that can be readily removed
from the firearm with the use of a tool, shall register the firearm
before July 1, 2017, January 1, 2018,
but not before the effective date of the regulations adopted pursuant
to paragraph (5), with the department pursuant to those procedures
that the department may establish by regulation pursuant to paragraph
(5).
(2) Registrations shall be submitted electronically via the
Internet utilizing a public-facing application made available by the
department.
(3) The registration shall contain a description of the firearm
that identifies it uniquely, including all identification marks, the
date the firearm was acquired, the name and address of the individual
from whom, or business from which, the firearm was acquired, as well
as the registrant's full name, address, telephone number, date of
birth, sex, height, weight, eye color, hair color, and California
driver's license number or California identification card number.
(4) The department may charge a fee in an amount of up to fifteen
dollars ($15) per person but not to exceed the reasonable processing
costs of the department. The fee shall be paid by debit or credit
card at the time that the electronic registration is submitted to the
department. The fee shall be deposited in the Dealers' Record of
Sale Special Account to be used for purposes of this section.
(5) The department shall adopt regulations for the purpose of
implementing this subdivision. These regulations are exempt from the
Administrative Procedure Act (Chapter 3.5 (commencing with Section
11340) of Part 1 of Division 3 of Title 2 of the Government Code).
SEC. 4. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.