Senate Bill No. 1446

Introduced by Senator Hancock

February 19, 2016

An act to amend Sections 16350, 16740, 32310, 32400, 32405, 32435, and 32450 of, and to add Section 32406 to, the Penal Code, relating to firearms.

LEGISLATIVE COUNSEL’S DIGEST

SB 1446, as introduced, Hancock. Firearms: magazine capacity.

(1) Existing law, for purposes pertaining to the ammunition capacity of certain assault weapons, defines “capacity to accept more than 10 rounds” to mean capable of accommodating more than 10 rounds, but specifies that this term does not apply to a feeding device that has been permanently altered so that it cannot accommodate more than 10 rounds.

This bill would revise that definition to mean capable of holding more than 10 rounds of ammunition, but not applying to a feeding device that has been permanently altered so that it cannot hold more than 10 rounds of ammunition.

(2) Existing law prohibits the sale, gift, and loan of a large-capacity magazine. A violation of this prohibition is punishable as a misdemeanor with specified penalties or as a felony. Existing law defines “large-capacity magazine” to mean any ammunition feeding device with the capacity to accept more than 10 rounds, but provides that the definition may not be construed to include a feeding device that has been permanently altered so that it cannot accommodate more than 10 rounds.

This bill would include within that definition of large-capacity magazine a feeding device that had a capacity of more than 10 rounds of ammunition but has been permanently modified to hold no more than 10 rounds of ammunition, and would exclude from that definition a magazine that is only of sufficient size to hold no more than 10 rounds of ammunition. The bill would, commencing July 1, 2017, make it an infraction punishable by a fine not to exceed $100 for the first offense, by a fine not to exceed $250 for the second offense, or by a fine not to exceed $1,000 for the third or subsequent offense, or a misdemeanor punishable by a fine not to exceed $100 for the first offense, by a fine not to exceed $250 for the second offense, or by a fine not to exceed $1,000 for the third or subsequent offense, for a person to possess any large-capacity magazine, regardless of the date the magazine was acquired. The bill would require a person in lawful possession of a large-capacity magazine prior to July 1, 2017, to dispose of the magazine, as provided.

By creating a new crime, this bill would impose a state-mandated local program.

(3) Existing law creates various exceptions to the crime described in paragraph (2) above, which include, but are not limited to, the sale of, giving of, lending of, importation into this state of, or purchase of, any large-capacity magazine to or by the holder of a special weapons permit for use as a prop for a motion picture, or any federal, state, county, city and county, or city agency that is charged with the enforcement of any law, for use by agency employees in the discharge of their official duties, whether on or off duty, and where the use is authorized by the agency and is within the course and scope of their duties.

This bill would make conforming changes to those exceptions by including possession of a large-capacity magazine in those provisions.

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 16350 of the Penal Code is amended to
read:

16350.  

As used in Section 30515, “capacity to accept more
than 10 rounds” means capable of begin delete accommodating end delete begin insert holding end insert more
than 10 rounds begin insert of ammunition end insert . The begin delete term end delete begin insert phrase end insert does not apply to
a feeding device that has been permanently altered so that it cannot
begin delete accommodate end delete begin insert hold end insert more than 10 rounds begin insert of ammunition end insert .

SEC. 2.  

Section 16740 of the Penal Code is amended to read:

16740.  

begin insert (a) end insert begin insert   end insert As used in this part, “large-capacity magazine”
means any ammunition feeding device with the capacity to accept
more than 10 begin delete rounds, but shall not be construed to include any of
the following: end delete begin insert rounds. As used in this part, “large-capacity
magazine” also includes a feeding device that had a capacity of
more than 10 rounds of ammunition but has been permanently
altered to hold no more than 10 rounds of ammunition. end insert

begin insert

(b) As used in this part, “large-capacity magazine” does not
include any of the following:

end insert begin delete

(a)

end delete

begin insert (1) end insert  A begin delete feeding device that has been permanently altered so that
it cannot accommodate end delete begin insert magazine that is only of sufficient size to
hold no end insert more than 10 begin delete rounds. end delete begin insert rounds of ammunition. end insert

begin delete

(b)

end delete

begin insert (2) end insert  A .22 caliber tube ammunition feeding device.

begin delete

(c)

end delete

begin insert (3) end insert  A tubular magazine that is contained in a lever-action
firearm.

SEC. 3.  

Section 32310 of the Penal Code is amended to read:

32310.  

(a) Except as provided in Article 2 (commencing with
Section 32400) of this chapter and in Chapter 1 (commencing with
Section 17700) of Division 2 of Title 2, begin delete commencing January 1,
2000, end delete any person in this state who manufactures or causes to be
manufactured, imports into the state, keeps for sale, or offers or
exposes for sale, or who gives, begin delete lends, buys, or receives end delete begin insert or lends, end insert
any large-capacity magazine is punishable by imprisonment in a
county jail not exceeding one year or imprisonment pursuant to
subdivision (h) of Section 1170.

begin insert

(b) Except as provided in Article 2 (commencing with Section
32400) of this chapter and in Chapter 1 (commencing with Section
17700) of Division 2 of Title 2, commencing July 1, 2017, any
person in this state who possesses any large-capacity magazine,
regardless of the date the magazine was acquired, is guilty of an
infraction punishable by a fine not to exceed one hundred dollars
($100) upon the first offense, by a fine not to exceed two hundred
fifty dollars ($250) upon the second offense, and by a fine not to
exceed one thousand dollars ($1,000) upon the third or any
subsequent offense, or is guilty of a misdemeanor punishable by
a fine not to exceed one hundred dollars ($100) upon the first
offense, by a fine not to exceed two hundred fifty dollars ($250)
upon the second offense, and by a fine not to exceed one thousand
dollars ($1,000) upon the third or subsequent offense.

end insert begin insert

(c) A person who, prior to July 1, 2017, legally possesses a
large-capacity magazine shall dispose of that magazine by any of
the following means:

end insert begin insert

(1) Remove the large-capacity magazine from the state.

end insert begin insert

(2) Prior to July 1, 2017, sell the large-capacity magazine to a
licensed firearms dealer.

end insert begin insert

(3) Destroy the large-capacity magazine.

end insert begin insert

(4) Surrender the large-capacity magazine to a law enforcement
agency for destruction.

end insert begin delete

(b)

end delete

begin insert (d) end insert  For purposes of this section, “manufacturing” includes both
fabricating a magazine and assembling a magazine from a
combination of parts, including, but not limited to, the body, spring,
follower, and floor plate or end plate, to be a fully functioning
large-capacity magazine.

SEC. 4.  

Section 32400 of the Penal Code is amended to read:

32400.  

Section 32310 does not apply to the sale of, giving of,
lending of, begin insert possession of, end insert importation into this state of, or purchase
of, any large-capacity magazine to or by any federal, state, county,
city and county, or city agency that is charged with the enforcement
of any law, for use by agency employees in the discharge of their
official duties, whether on or off duty, and where the use is
authorized by the agency and is within the course and scope of
their duties.

SEC. 5.  

Section 32405 of the Penal Code is amended to read:

32405.  

Section 32310 does not apply to the sale to, lending to,
transfer to, purchase by, receipt of, begin insert possession of, end insert or importation
into this state of, a large-capacity magazine by a sworn peace
officer, as defined in Chapter 4.5 (commencing with Section 830)
of Title 3 of Part 2, begin insert or sworn federal law enforcement officer end insert who
is authorized to carry a firearm in the course and scope of that
officer’s duties.

SEC. 6.  

Section 32406 is added to the Penal Code, to read:

32406.  

Subdivisions (b) and (c) of Section 32310 do not apply
to an individual who honorably retired from being a sworn peace
officer, as defined in Chapter 4.5 (commencing with Section 830)
of Title 3 of Part 2, or an individual who honorably retired from
being a sworn federal law enforcement officer, who was authorized
to carry a firearm in the course and scope of that officer’s duties.
For purposes of this section, “honorably retired” has the same
meaning as provided in Section 16690.

SEC. 7.  

Section 32435 of the Penal Code is amended to read:

32435.  

Section 32310 does not apply to any of the following:

(a) The sale of, giving of, lending of, begin insert possession of, end insert importation
into this state of, or purchase of, any large-capacity magazine, to
or by any entity that operates an armored vehicle business pursuant
to the laws of this state.

(b) The lending of large-capacity magazines by an entity
specified in subdivision (a) to its authorized employees, begin insert and the
possession of those large-capacity magazines by those authorized
employees, end insert while in the course and scope of employment for
purposes that pertain to the entity’s armored vehicle business.

(c) The return of those large-capacity magazines to the entity
specified in subdivision (a) by those employees specified in
subdivision (b).

SEC. 8.  

Section 32450 of the Penal Code is amended to read:

32450.  

Section 32310 does not apply to the purchase begin insert or
possession end insert of a large-capacity magazine by the holder of a special
weapons permit issued pursuant to Section 31000, 32650, or 33300,
or pursuant to Article 3 (commencing with Section 18900) of
Chapter 1 of Division 5 of Title 2, or pursuant to Article 4
(commencing with Section 32700) of Chapter 6 of this division,
for any of the following purposes:

(a) For use solely as a prop for a motion picture, television, or
video production.

(b) For export pursuant to federal regulations.

(c) For resale to law enforcement agencies, government
agencies, or the military, pursuant to applicable federal regulations.

SEC. 9.  

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.