Amended in Senate March 28, 2016

Senate BillNo. 1446


Introduced by Senator Hancock

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(Coauthors: Senators Hall and Leno)

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(Coauthor: Assembly Member Bonta)

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February 19, 2016


An act to amend Sectionsbegin delete 16350, 16740,end delete 32310, 32400, 32405,begin insert 32410, 32425, 32430,end insert 32435, and 32450 of,begin delete andend delete to add Section 32406 to,begin insert and to repeal Section 32420 of,end insert the Penal Code, relating to firearms.

LEGISLATIVE COUNSEL’S DIGEST

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

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(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.

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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.

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(2)

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begin insert(1)end insert 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.begin delete 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.end delete

This billbegin delete 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 billend delete 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 thebegin delete secondend deletebegin insert 2ndend insert offense,begin delete orend deletebegin insert andend insert by a fine not to exceedbegin delete $1,000end deletebegin insert $500end insert for thebegin delete thirdend deletebegin insert 3rdend insert or subsequent offense,begin delete 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,end delete 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.

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(3)

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begin insert(2)end insert Existing law creates various exceptions to the crime described in paragraphbegin delete (2)end deletebegin insert (1)end insert 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 thosebegin delete provisions.end deletebegin insert provisions and would establish additional exceptions to the crime described in paragraph (1) above, including exceptions to allow licensed gunsmiths and honorably retired sworn peace officers to possess a largeend insertbegin insert-capacity magazine.end insert

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:

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P3    1

SECTION 1.  

Section 16350 of the Penal Code is amended to
2read:

3

16350.  

As used in Section 30515, “capacity to accept more
4than 10 rounds” means capable of holding more than 10 rounds
5of ammunition. The phrase does not apply to a feeding device that
6has been permanently altered so that it cannot hold more than 10
7rounds of ammunition.

8

SEC. 2.  

Section 16740 of the Penal Code is amended to read:

9

16740.  

(a) As used in this part, “large-capacity magazine”
10means any ammunition feeding device with the capacity to accept
11more than 10 rounds. As used in this part, “large-capacity
12magazine” also includes a feeding device that had a capacity of
13more than 10 rounds of ammunition but has been permanently
14altered to hold no more than 10 rounds of ammunition.

15(b) As used in this part, “large-capacity magazine” does not
16include any of the following:

17(1) A magazine that is only of sufficient size to hold no more
18than 10 rounds of ammunition.

19(2) A .22 caliber tube ammunition feeding device.

20(3) A tubular magazine that is contained in a lever-action
21firearm.

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22

begin deleteSEC. 3.end delete
23
begin insertSECTION 1.end insert  

Section 32310 of the Penal Code is amended to
24read:

25

32310.  

(a) Except as provided in Article 2 (commencing with
26Section 32400) of this chapter and in Chapter 1 (commencing with
27Section 17700) of Division 2 of Title 2, any person in this state
28who manufactures or causes to be manufactured, imports into the
29state, keeps for sale, or offers or exposes for sale, or who gives,
30begin delete orend delete lends,begin insert buys, or receivesend insert any large-capacity magazine is
31punishable by imprisonment in a county jail not exceeding one
32year or imprisonment pursuant to subdivision (h) of Section 1170.

P4    1(b) Except as provided in Article 2 (commencing with Section
232400) of this chapter and in Chapter 1 (commencing with Section
317700) of Division 2 of Title 2, commencing July 1, 2017, any
4person in this state who possesses any large-capacity magazine,
5regardless of the date the magazine was acquired, is guilty of an
6infraction punishable by a fine not to exceed one hundred dollars
7($100) upon the first offense, by a fine not to exceed two hundred
8fifty dollars ($250) upon the second offense, and by a fine not to
9exceedbegin delete one thousand dollars ($1,000) upon the third or any
10subsequent offense, or is guilty of a misdemeanor punishable by
11a fine not to exceed one hundred dollars ($100) upon the first
12offense, by a fine not to exceed two hundred fifty dollars ($250)
13upon the second offense, and by a fine not to exceed one thousand
14dollars ($1,000)end delete
begin insert five hundred dollars ($500)end insert upon the third or
15subsequent offense.

16(c) A person who, prior to July 1, 2017, legally possesses a
17large-capacity magazine shall dispose of that magazine by any of
18the following means:

19(1) Remove the large-capacity magazine from the state.

20(2) Prior to July 1, 2017, sell the large-capacity magazine to a
21licensed firearms dealer.

22(3) Destroy the large-capacity magazine.

23(4) Surrender the large-capacity magazine to a law enforcement
24agency for destruction.

25(d) For purposes of this section, “manufacturing” includes both
26fabricating a magazine and assembling a magazine from a
27combination of parts, including, but not limited to, the body, spring,
28follower, and floor plate or end plate, to be a fully functioning
29large-capacity magazine.

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30
(e) The provisions of this section are cumulative and shall not
31be construed as restricting the application of any other law.
32However, an act or omission punishable in different ways by
33different provisions of this code shall not be punished under more
34than one provision.

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35

begin deleteSEC. 4.end delete
36
begin insertSEC. 2.end insert  

Section 32400 of the Penal Code is amended to read:

37

32400.  

Section 32310 does not apply to the sale of, giving of,
38lending of, possession of, importation into this state of, or purchase
39of, any large-capacity magazine to or by any federal, state, county,
40city and county, or city agency that is charged with the enforcement
P5    1of any law, for use by agency employees in the discharge of their
2official duties, whether on or off duty, and where the use is
3authorized by the agency and is within the course and scope of
4their duties.

5

begin deleteSEC. 5.end delete
6
begin insertSEC. 3.end insert  

Section 32405 of the Penal Code is amended to read:

7

32405.  

Section 32310 does not apply to the sale to, lending to,
8transfer to, purchase by, receipt of, possession of, or importation
9into this state of, a large-capacity magazine by a sworn peace
10officer, as defined in Chapter 4.5 (commencing with Section 830)
11of Title 3 of Part 2, orbegin insert aend insert sworn federal law enforcement officer
12who is authorized to carry a firearm in the course and scope of that
13officer’s duties.

14

begin deleteSEC. 6.end delete
15
begin insertSEC. 4.end insert  

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

16

32406.  

Subdivisions (b) and (c) of Section 32310 do not apply
17tobegin delete anend deletebegin insert the following:end insert

18begin insert(a)end insertbegin insertend insertbegin insertAnend insert individual who honorably retired from being a sworn
19peace officer, as defined in Chapter 4.5 (commencing with Section
20830) of Title 3 of Part 2, or an individual who honorably retired
21from being a sworn federal law enforcement officer, who was
22authorized to carry a firearm in the course and scope of that
23officer’s duties. For purposes of this section, “honorably retired”
24has the same meaning as provided in Section 16690.

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25
(b) A federal, state, or local historical society, museum or
26institutional society, or museum or institutional collection, that is
27open to the public, provided that the large-capacity magazine is
28unloaded, properly housed within secured premises, and secured
29from unauthorized handling.

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30
(c) A person who finds a large-capacity magazine, if the person
31is not prohibited from possessing firearms or ammunition, and
32possessed it no longer than necessary to deliver or transport it to
33the nearest law enforcement agency.

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34
(d) A forensic laboratory, or an authorized agent or employee
35thereof in the course and scope of his or her authorized activities.

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36
(e) The receipt or disposition of a large-capacity magazine by
37a trustee of a trust, or an executor or administrator of an estate,
38including an estate that is subject to probate, that includes a
39large-capacity magazine.

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P6    1
(f) A person lawfully in possession of a firearm that the person
2obtained prior to January 1, 2000, if no magazine that holds 10
3or fewer rounds of ammunition is compatible with that firearm
4and the person possesses the large-capacity magazine solely for
5use with that firearm.

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6begin insert

begin insertSEC. 5.end insert  

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begin insertSection 32410 of the end insertbegin insertPenal Codeend insertbegin insert is amended to read:end insert

7

32410.  

Section 32310 does not apply to thebegin delete saleend deletebegin insert possession,
8sale,end insert
or purchase of any large-capacity magazine to or by a person
9licensed pursuant to Sections 26700 to 26915, inclusive.

10begin insert

begin insertSEC. 6.end insert  

end insert

begin insertSection 32420 of the end insertbegin insertPenal Codeend insertbegin insert is repealed.end insert

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11

32420.  

Section 32310 does not apply to the importation of a
12large-capacity magazine by a person who lawfully possessed the
13large-capacity magazine in the state prior to January 1, 2000,
14lawfully took it out of the state, and is returning to the state with
15the same large-capacity magazine.

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16begin insert

begin insertSEC. 7.end insert  

end insert

begin insertSection 32425 of the end insertbegin insertPenal Codeend insertbegin insert is amended to read:end insert

17

32425.  

Section 32310 does not apply to either of the following:

18(a) The lending or giving of any large-capacity magazinebegin delete toend deletebegin insert to,
19or possession of that magazine by,end insert
a person licensed pursuant to
20Sections 26700 to 26915, inclusive, or to a gunsmith, for the
21purposes of maintenance, repair, or modification of that
22large-capacity magazine.

23(b) The return to its owner of any large-capacity magazine by
24a person specified in subdivision (a).

25begin insert

begin insertSEC. 8.end insert  

end insert

begin insertSection 32430 of the end insertbegin insertPenal Codeend insertbegin insert is amended to read:end insert

26

32430.  

Section 32310 does not apply to thebegin insert possession of,end insert
27 importation into this state of, or sale of, any large-capacity
28magazine by a person who has been issued a permit to engage in
29those activities pursuant to Section 32315, when those activities
30are in accordance with the terms and conditions of that permit.

31

begin deleteSEC. 7.end delete
32
begin insertSEC. 9.end insert  

Section 32435 of the Penal Code is amended to read:

33

32435.  

Section 32310 does not apply to any of the following:

34(a) The sale of, giving of, lending of, possession of, importation
35into this state of, or purchase of, any large-capacity magazine, to
36or by any entity that operates an armored vehicle business pursuant
37to the laws of this state.

38(b) The lending of large-capacity magazines by an entity
39specified in subdivision (a) to its authorized employees, and the
40possession of those large-capacity magazines by those authorized
P7    1employees, while in the course and scope of employment for
2purposes that pertain to the entity’s armored vehicle business.

3(c) The return of those large-capacity magazines to the entity
4specified in subdivision (a) by those employees specified in
5subdivision (b).

6

begin deleteSEC. 8.end delete
7
begin insertSEC. 10.end insert  

Section 32450 of the Penal Code is amended to read:

8

32450.  

Section 32310 does not apply to the purchase or
9possession of a large-capacity magazine by the holder of a special
10weapons permit issued pursuant to Section 31000, 32650, or 33300,
11or pursuant to Article 3 (commencing with Section 18900) of
12Chapter 1 of Division 5 of Title 2, or pursuant to Article 4
13(commencing with Section 32700) of Chapter 6 of this division,
14for any of the following purposes:

15(a) For use solely as a prop for a motion picture, television, or
16video production.

17(b) For export pursuant to federal regulations.

18(c) For resale to law enforcement agencies, government
19agencies, or the military, pursuant to applicable federal regulations.

20

begin deleteSEC. 9.end delete
21
begin insertSEC. 11.end insert  

No reimbursement is required by this act pursuant to
22Section 6 of Article XIII B of the California Constitution because
23the only costs that may be incurred by a local agency or school
24district will be incurred because this act creates a new crime or
25infraction, eliminates a crime or infraction, or changes the penalty
26for a crime or infraction, within the meaning of Section 17556 of
27the Government Code, or changes the definition of a crime within
28the meaning of Section 6 of Article XIII B of the California
29Constitution.



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