BILL NUMBER: AB 99	CHAPTERED
	BILL TEXT

	CHAPTER   263
	FILED WITH SECRETARY OF STATE   AUGUST 1, 1995
	APPROVED BY GOVERNOR   AUGUST 1, 1995
	PASSED THE ASSEMBLY   JULY 17, 1995
	PASSED THE SENATE   JULY 13, 1995
	AMENDED IN SENATE   JUNE 8, 1995
	AMENDED IN SENATE   MAY 1, 1995
	AMENDED IN SENATE   APRIL 6, 1995
	AMENDED IN ASSEMBLY   MARCH 15, 1995
	AMENDED IN ASSEMBLY   MARCH 2, 1995

INTRODUCED BY  Assembly Member Burton

                        JANUARY 9, 1995

   An act to amend Sections 12020.5, 12021.5, and 12323 of the Penal
Code, relating to firearms.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 99, Burton.  Firearms.
   (1) Existing law prohibits advertising the sale of certain weapons
or devices, including machineguns and assault weapons, whose
possession is prohibited by specified provisions of law.
   This bill would additionally include within this class of weapons
and devices, handgun ammunition designed primarily to penetrate metal
or armor.
   (2) Existing law specifies prohibitions and penalties with regard
to manufacturing, importing, selling, offering to sell, knowingly
transporting or knowingly possessing any handgun ammunition designed
primarily to penetrate metal or armor.  Handgun ammunition is defined
for these purposes.
   This bill would redefine "handgun ammunition" and would define
"handgun ammunition designed primarily to penetrate metal or armor,"
"body vest or shield," and "rifle" for the purposes of this
provision.
   (3) Existing law defines "rifle" for purposes of a provision that
establishes a prison term enhancement for every person who carries a
loaded or unloaded firearm on his or her person, or in a vehicle,
during the commission or attempted commission of any street gang
crime.
   This bill would revise this definition.
   (4) This bill would specify that the changes made by (2) and (3)
above are declaratory of existing law.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 12020.5 of the Penal Code is amended to read:
   12020.5.  It shall be unlawful for any person, as defined in
Section 12277, in any newspaper, magazine, circular, form letter, or
open publication, published, distributed, or circulated in this
state, or on any billboard, card, label, or other advertising medium,
or by means of any other advertising device, to advertise the sale
of any weapon or device whose possession is prohibited by Section
12020, 12220, or 12280 or to advertise the sale of handgun ammunition
designed primarily to penetrate metal or armor, as defined in
subdivision (b) of Section 12323.
  SEC. 2.  Section 12021.5 of the Penal Code is amended to read:
   12021.5.  (a) Every person who carries a loaded or unloaded
firearm on his or her person, or in a vehicle, during the commission
or attempted commission of any street gang crimes described in
subdivision (a) or (b) of Section 186.22, shall, upon conviction of
the felony or attempted felony, be punished by an additional term of
imprisonment in the state prison for one, two, or three years in the
court's discretion.  The court shall impose the middle term unless
there are circumstances in aggravation or mitigation.  The court
shall state the reasons for its enhancement choice on the record at
the time of sentence.
   (b) Every person who carries a loaded or unloaded firearm together
with a detachable shotgun magazine, a detachable pistol magazine, a
detachable magazine, or a belt-feeding device on his or her person,
or in a vehicle, during the commission or attempted commission of any
street gang crimes described in subdivision (a) or (b) of Section
186.22, shall, upon conviction of the felony or attempted felony, be
punished by an additional term of imprisonment in the state prison
for two, three, or four years in the court's discretion.  The court
shall impose the middle term unless there are circumstances in
aggravation or mitigation.  The court shall state the reasons for its
enhancement choice on the record at the time of sentence.
   (c) As used in this section, the following definitions shall
apply:
   (1) "Detachable magazine" means a device that is designed or
redesigned to do all of the following:
   (A) To be attached to a rifle that is designed or redesigned to
fire ammunition.
   (B) To be attached to, and detached from, a rifle that is designed
or redesigned to fire ammunition.
   (C) To feed ammunition continuously and directly into the loading
mechanism of a rifle that is designed or redesigned to fire
ammunition.
   (2) "Detachable pistol magazine" means a device that is designed
or redesigned to do all of the following:
   (A) To be attached to a semiautomatic firearm that is not a rifle
or shotgun that is designed or redesigned to fire ammunition.
   (B) To be attached to, and detached from, a firearm that is not a
rifle or shotgun that is designed or redesigned to fire ammunition.
   (C) To feed ammunition continuously and directly into the loading
mechanism of a firearm that is not a rifle or a shotgun that is
designed or redesigned to fire ammunition.
   (3) "Detachable shotgun magazine" means a device that is designed
or redesigned to do all of the following:
   (A) To be attached to a firearm that is designed or redesigned to
fire a fixed shotgun shell through a smooth or rifled bore.
   (B) To be attached to, and detached from, a firearm that is
designed or redesigned to fire a fixed shotgun shell through a smooth
bore.
   (C) To feed fixed shotgun shells continuously and directly into
the loading mechanism of a firearm that is designed or redesigned to
fire a fixed shotgun shell.
   (4) "Belt-feeding device" means a device that is designed or
redesigned to continuously feed ammunition into the loading mechanism
of a machinegun or a semiautomatic firearm.
   (5) "Rifle" shall have the same meaning as specified in paragraph
(20) of subdivision (c) of Section 12020.
   (6) "Shotgun" shall have the same meaning as specified in
paragraph (21) of subdivision (c) of Section 12020.
  SEC. 3.  Section 12323 of the Penal Code is amended to read:
   12323.  As used in this chapter, the following definitions shall
apply:
   (a) "Handgun ammunition" means ammunition principally for use in
pistols, revolvers, and other firearms capable of being concealed
upon the person, as defined in subdivision (a) of Section 12001,
notwithstanding that the ammunition may also be used in some rifles.

   (b) "Handgun ammunition designed primarily to penetrate metal or
armor" means any ammunition, except a shotgun shell or ammunition
primarily designed for use in rifles, that is designed primarily to
penetrate a body vest or body shield, and has either of the following
characteristics:
   (1) Has projectile or projectile core constructed entirely,
excluding the presence of traces of other substances, from one or a
combination of tungsten alloys, steel, iron, brass, beryllium copper,
or depleted uranium, or any equivalent material of similar density
or hardness.
   (2) Is primarily manufactured or designed, by virtue of its shape,
cross-sectional density, or any coating applied thereto, including,
but not limited to, ammunition commonly known as "KTW ammunition," to
breach or penetrate a body vest or body shield when fired from a
handgun.
   (c) "Body vest or shield" means any bullet-resistant material
intended to provide ballistic and trauma protection for the wearer or
holder.
   (d) "Rifle" shall have the same meaning as defined in paragraph
(20) of subdivision (c) of Section 12020.
  SEC. 4.  The changes made by Sections 2 and 3 of this act are
declaratory of existing law.