Amended in Senate May 17, 2016

Amended in Senate March 28, 2016

Senate BillNo. 880


Introduced by Senators Hall and Glazer

(Coauthors: Senators Block,begin insert Hancock,end insert 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 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 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:

P3    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:

5(1) A semiautomatic, centerfire rifle that does not have a fixed
6magazine but has any one of the following:

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

9(B) A thumbhole stock.

10(C) A folding or telescoping stock.

11(D) A grenade launcher or flare launcher.

12(E) A flash suppressor.

13(F) A forward pistol grip.

14(2) A semiautomatic, centerfire rifle that has a fixed magazine
15with the capacity to accept more than 10 rounds.

16(3) A semiautomatic, centerfire rifle that has an overall length
17of less than 30 inches.

18(4) A semiautomatic pistol that does not have a fixed magazine
19but has any one of the following:

20(A) A threaded barrel, capable of accepting a flash suppressor,
21forward handgrip, or silencer.

22(B) A second handgrip.

23(C) A shroud that is attached to, or partially or completely
24encircles, the barrel that allows the bearer to fire the weapon
25without burning the bearer’s hand, except a slide that encloses the
26barrel.

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
10detachable magazine.

11(8) Any shotgun with a revolving cylinder.

12(b) For purposes of this section, “fixed magazine” means an
13ammunition feeding device contained in, or permanently attached
14to, a firearm in such a manner that the device cannot be removed
15without disassembly of the firearm action.

16(c) 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
21 body 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 (d).

26(d) “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 (c):
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
P5   11

 

12(3) The Department of Justice shall create a program that is
13consistent with the purposes stated in subdivision (c) 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.

21

SEC. 2.  

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

22

30680.  

begin deleteNotwithstanding the meaning of “assault weapon” under
23Section 30515, as amended by the act that added this section, end delete

24Section 30605 does not apply to the possession of an assault
25weapon by a person who has possessed the assault weapon prior
26to January 1, 2017, if all of the following are applicable:

27(a) Prior to January 1, 2017, the person was eligible to register
28that assault weapon pursuant to subdivisionbegin delete (c)end deletebegin insert (b)end insert of Section
2930900.

30(b) The person lawfully possessed that assault weapon prior to
31January 1, 2017.

32(c) The person registers the assault weapon by January 1, 2018,
33in accordance with subdivisionbegin delete (c)end deletebegin insert (b)end insert of Section 30900.

34

SEC. 3.  

Section 30900 of the Penal Code is amended to read:

35

30900.  

(a) (1) Any person who, prior to June 1, 1989, lawfully
36possessed an assault weapon, as defined in former Section 12276,
37as added by Section 3 of Chapter 19 of the Statutes of 1989, shall
38register the firearm by January 1, 1991, and any person who
39lawfully possessed an assault weapon prior to the date it was
40specified as an assault weapon pursuant to former Section 12276.5,
P6    1as added by Section 3 of Chapter 19 of the Statutes of 1989 or as
2amended by Section 1 of Chapter 874 of the Statutes of 1990 or
3Section 3 of Chapter 954 of the Statutes of 1991, shall register the
4firearm within 90 days with the Department of Justice pursuant to
5those procedures that the department may establish.

6(2) Except as provided in Section 30600, any person who
7lawfully possessed an assault weapon prior to the date it was
8defined as an assault weapon pursuant to former Section 12276.1,
9as it read in Section 7 of Chapter 129 of the Statutes of 1999, and
10which was not specified as an assault weapon under former Section
1112276, as added by Section 3 of Chapter 19 of the Statutes of 1989
12or as amended at any time before January 1, 2001, or former
13Section 12276.5, as added by Section 3 of Chapter 19 of the
14Statutes of 1989 or as amended at any time before January 1, 2001,
15shall register the firearm by January 1, 2001, with the department
16pursuant to those procedures that the department may establish.

17(3) The registration shall contain a description of the firearm
18that identifies it uniquely, including all identification marks, the
19full name, address, date of birth, and thumbprint of the owner, and
20any other information that the department may deem appropriate.

21(4) The department may charge a fee for registration of up to
22twenty dollars ($20) per person but not to exceed the reasonable
23processing costs of the department. After the department establishes
24fees sufficient to reimburse the department for processing costs,
25fees charged shall increase at a rate not to exceed the legislatively
26approved annual cost-of-living adjustment for the department’s
27budget or as otherwise increased through the Budget Act but not
28to exceed the reasonable costs of the department. The fees shall
29be deposited into the Dealers’ Record of Sale Special Account.

30(b) (1) Any person who, from January 1, 2001, to December
3131, 2016, inclusive, lawfully possessed an assault weapon that
32does not have a fixed magazine, as defined in Section 30515,
33including those weapons with an ammunition feeding device that
34can be readily removed from the firearm with the use of a tool,
35shall register the firearm before January 1, 2018, but not before
36the effective date of the regulations adopted pursuant to paragraph
37(5), with the department pursuant to those procedures that the
38department may establish by regulation pursuant to paragraph (5).

P7    1(2) Registrations shall be submitted electronically via the
2Internet utilizing a public-facing application made available by
3the department.

4(3) The registration shall contain a description of the firearm
5that identifies it uniquely, including all identification marks, the
6date the firearm was acquired, the name and address of the
7individual from whom, or business from which, the firearm was
8acquired, as well as the registrant’s full name, address, telephone
9number, date of birth, sex, height, weight, eye color, hair color,
10and California driver’s license number or California identification
11card number.

12(4) The department may charge a fee in an amount of up to
13fifteen dollars ($15) per person but not to exceed the reasonable
14processing costs of the department. The fee shall be paid by debit
15or credit card at the time that the electronic registration is submitted
16to the department. The fee shall be deposited in the Dealers’ Record
17of Sale Special Account to be used for purposes of this section.

18(5) The department shall adopt regulations for the purpose of
19implementing this subdivision. These regulations are exempt from
20the Administrative Procedure Act (Chapter 3.5 (commencing with
21Section 11340) of Part 1 of Division 3 of Title 2 of the Government
22Code).

23

SEC. 4.  

No reimbursement is required by this act pursuant to
24Section 6 of Article XIII B of the California Constitution because
25the only costs that may be incurred by a local agency or school
26district will be incurred because this act creates a new crime or
27infraction, eliminates a crime or infraction, or changes the penalty
28for a crime or infraction, within the meaning of Section 17556 of
29the Government Code, or changes the definition of a crime within
30the meaning of Section 6 of Article XIII B of the California
31Constitution.



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