BILL NUMBER: SB 1446 ENROLLED
BILL TEXT
PASSED THE SENATE JUNE 30, 2016
PASSED THE ASSEMBLY MAY 19, 2016
AMENDED IN SENATE MARCH 28, 2016
INTRODUCED BY Senator Hancock
(Coauthors: Senators Hall and Leno)
(Coauthor: Assembly Member Bonta)
FEBRUARY 19, 2016
An act to amend Sections 32310, 32400, 32405, 32410, 32425, 32430,
32435, and 32450 of, to add Section 32406 to, and to repeal Section
32420 of, the Penal Code, relating to firearms.
LEGISLATIVE COUNSEL'S DIGEST
SB 1446, Hancock. Firearms: magazine capacity.
(1) 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.
This 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 2nd offense, and by a fine not to
exceed $500 for the 3rd 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.
(2) Existing law creates various exceptions to the crime described
in paragraph (1) 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
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
large-capacity magazine.
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.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. 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, 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, lends,
buys, or receives 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.
(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 five
hundred dollars ($500) upon the third or subsequent offense.
(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:
(1) Remove the large-capacity magazine from the state.
(2) Prior to July 1, 2017, sell the large-capacity magazine to a
licensed firearms dealer.
(3) Destroy the large-capacity magazine.
(4) Surrender the large-capacity magazine to a law enforcement
agency for destruction.
(d) 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.
(e) The provisions of this section are cumulative and shall not be
construed as restricting the application of any other law. However,
an act or omission punishable in different ways by different
provisions of this code shall not be punished under more than one
provision.
SEC. 2. Section 32400 of the Penal Code is amended to read:
32400. Section 32310 does not apply to the sale of, giving of,
lending of, possession of, 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. 3. 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, possession of, 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, or a sworn federal law enforcement officer who is
authorized to carry a firearm in the course and scope of that officer'
s duties.
SEC. 4. Section 32406 is added to the Penal Code, to read:
32406. Subdivisions (b) and (c) of Section 32310 do not apply to
the following:
(a) 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.
(b) A federal, state, or local historical society, museum or
institutional society, or museum or institutional collection, that is
open to the public, provided that the large-capacity magazine is
unloaded, properly housed within secured premises, and secured from
unauthorized handling.
(c) A person who finds a large-capacity magazine, if the person is
not prohibited from possessing firearms or ammunition, and possessed
it no longer than necessary to deliver or transport it to the
nearest law enforcement agency.
(d) A forensic laboratory, or an authorized agent or employee
thereof in the course and scope of his or her authorized activities.
(e) The receipt or disposition of a large-capacity magazine by a
trustee of a trust, or an executor or administrator of an estate,
including an estate that is subject to probate, that includes a
large-capacity magazine.
(f) A person lawfully in possession of a firearm that the person
obtained prior to January 1, 2000, if no magazine that holds 10 or
fewer rounds of ammunition is compatible with that firearm and the
person possesses the large-capacity magazine solely for use with that
firearm.
SEC. 5. Section 32410 of the Penal Code is amended to read:
32410. Section 32310 does not apply to the possession, sale, or
purchase of any large-capacity magazine to or by a person licensed
pursuant to Sections 26700 to 26915, inclusive.
SEC. 6. Section 32420 of the Penal Code is repealed.
SEC. 7. Section 32425 of the Penal Code is amended to read:
32425. Section 32310 does not apply to either of the following:
(a) The lending or giving of any large-capacity magazine to, or
possession of that magazine by, a person licensed pursuant to
Sections 26700 to 26915, inclusive, or to a gunsmith, for the
purposes of maintenance, repair, or modification of that
large-capacity magazine.
(b) The return to its owner of any large-capacity magazine by a
person specified in subdivision (a).
SEC. 8. Section 32430 of the Penal Code is amended to read:
32430. Section 32310 does not apply to the possession of,
importation into this state of, or sale of, any large-capacity
magazine by a person who has been issued a permit to engage in those
activities pursuant to Section 32315, when those activities are in
accordance with the terms and conditions of that permit.
SEC. 9. 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, possession of, 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, and the possession
of those large-capacity magazines by those authorized employees,
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. 10. Section 32450 of the Penal Code is amended to read:
32450. Section 32310 does not apply to the purchase or possession
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. 11. 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.