BILL NUMBER: AB 48	AMENDED
	BILL TEXT

	AMENDED IN SENATE   JUNE 18, 1998
	AMENDED IN SENATE   JUNE 3, 1998
	AMENDED IN SENATE   JULY 10, 1997
	AMENDED IN ASSEMBLY   JUNE 3, 1997
	AMENDED IN ASSEMBLY   MAY 8, 1997
	AMENDED IN ASSEMBLY   MAY 1, 1997
	AMENDED IN ASSEMBLY   APRIL 8, 1997
	AMENDED IN ASSEMBLY   MARCH 31, 1997
	AMENDED IN ASSEMBLY   MARCH 20, 1997

INTRODUCED BY   Assembly Member Wright
   (Principal  coauthor:  Assembly Member  
coauthors:  Assembly Members Cardoza and  Granlund)

                        DECEMBER 2, 1996

   An act to add Section 12281 to the Penal Code, relating to
firearms.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 48, as amended, R. Wright.   Firearms:  SKS rifles.
   Existing law prohibits any person from manufacturing,
distributing, transporting, importing, possessing or offering for
sale, giving, lending, or possessing, any assault weapon as defined,
and requires any person who lawfully possesses an assault weapon to
register the firearm within a specified period and under specified
conditions.  Assault weapons are defined as coming within a specified
list of semiautomatic firearms or by declaration of the superior
court that the weapon is an assault weapon.  An "SKS with detachable
magazine" is one of the designated weapons on the specified list of
semiautomatic firearms.
   This bill would grant immunity from criminal prosecution to any
person, firm, company, or corporation who is subject to prosecution
under the above assault weapons law for conduct related to an SKS
rifle, as defined, committed during a specified period in which there
were conflicting administrative designations of that weapon, and
would also provide that the designated SKS rifles are not subject to
confiscation by law enforcement for violation of the above assault
weapon provisions.  This bill would make the immunity provisions, as
defined, fully retroactive to any person, firm, company, or
corporation subject to prosecution or prosecuted and convicted of
violating the above provisions.   The bill would also
authorize any person, firm, company, or corporation who is eligible
for immunity, to file a claim with the State Board of Control for
damages resulting from the arrest, prosecution, or confiscation of a
designated SKS rifle.   The bill would require the
department to notify all district attorneys of the provisions of this
bill, within 3 days of the effective date of this bill, and would
impose registration and notification requirements within 18 months
after a decision by the California Supreme Court holding that a
designated SKS rifle is an assault weapon within the meaning of the
above provisions.
   Vote:  majority.  Appropriation:  no.  Fiscal committee:  yes.
State-mandated local program:  no.


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


  SECTION 1.  Section 12281 is added to the Penal Code, to read:
   12281.  (a) Any person who, or firm, company, or corporation that,
operated a retail or other commercial firm, company, or corporation,
and manufactured, distributed, transported, imported, possessed,
possessed for sale, offered for sale, or transferred, for commercial
purpose, an SKS rifle in California between January 1, 1992, and
December 19, 1997, shall be immune from criminal prosecution under
Section 12280.  The immunity provided in this subdivision shall apply
retroactively to any person who, or firm, company, or corporation
that, is or was charged by complaint or indictment with a violation
of Section 12280 for conduct related to an SKS rifle, whether or not
the case of that person, firm, company, or corporation is final.
   (b) Any person who possessed, gave, loaned, or transferred an SKS
rifle in California between January 1, 1992, and the date on which a
published opinion of the California Supreme Court holding that an SKS
rifle is an assault weapon within the meaning of Section 12280,
becomes final shall be immune from criminal prosecution under Section
12280.  The immunity provided in this subdivision shall apply
retroactively to any person who was charged by complaint or
indictment with a violation of Section 12280 for conduct related to
an SKS rifle, whether or not the case of that person is final.
   (c) Any SKS rifle in the possession of any person who, or firm,
company, or corporation that, is described in subdivision (a) or (b),
shall not be subject to seizure by law enforcement for violation of
Section 12280, until the date on which a published opinion of the
California Supreme Court holding that an SKS rifle is an assault
weapon within the meaning of Section 12280, becomes final.
   (d) Any person, firm, company, or corporation, convicted under
Section 12280 for conduct relating to an SKS rifle, shall be
permitted to withdraw his or her plea of guilty or nolo contendere,
or to reopen his or her case and assert the immunities provided in
this section, if the court determines that the allowance of the
immunity is in the interests of justice.  The court shall interpret
this section liberally to the benefit of the defendant.  
   (e) Any person who, or firm, company, or corporation that, was
charged with a violation of Section 12280 for conduct related to an
SKS rifle, who is entitled to immunity under subdivision (a) or (b),
and has suffered any damages as a result of an arrest, prosecution,
seizure, or confiscation of an SKS rifle, may file a claim with the
State Board of Control, for all related costs and fees, including,
but not limited to, the costs of posting bail, arrest, attorney's
fees, attempted prosecution, prosecution, confiscation of the SKS
rifles by law enforcement, or seeking relief under this section.
   (f)  
   (e)  (1) The Department of Justice shall notify all district
attorneys within three days of the effective date of this section, of
the provisions of this section.  The department shall identify all
criminal prosecutions in the state for conduct related to SKS rifles
within 90 days of the effective date of this section.  In all cases
so identified by the Attorney General, the district attorneys shall
inform defense counsel, or the defendant if the defendant is in
propria persona, in writing, of the provisions of this section within
120 days of the effective date of this section.
   (2) The Department of Justice shall survey local, state, and
federal law enforcement agencies within 180 days of the Supreme Court'
s determination of the registration status of the SKS rifles to
determine if the SKS rifles described in subdivision  (h)
  (g)  have been confiscated  without
charges being filed.  If the use to which the rifle was being put was
otherwise lawful at the time of the seizure, and the seizure
occurred only because the SKS rifle was not registered, the lawful
owner shall be entitled to compensation as described in subdivision
(e).  The   without charges being filed.  The 
Department of Justice shall use its automated data bases to locate
and notify the owners of SKS rifles whose rifles were confiscated
under the circumstances described in this paragraph that a claim for
compensation may be filed with the State Board of Control.  All
notifications shall occur within one year of the Department's initial
notification of district attorneys described in  subdivision
(f).
   (g)   this subdivision.  
   (f)  Any person who, or firm, company, or corporation that is
in possession of an SKS rifle shall be permitted and required to
register, or otherwise dispose of the SKS rifle, as permitted by
Section 12285 within 18 months of a final published decision by the
California Supreme Court holding that an SKS rifle is an assault
weapon within the meaning of paragraph (11) of subdivision (a) of
Section 12276.  If registration is required under this subdivision,
the Department of Justice shall conduct a public education and
notification program as described in Section 12289, commencing no
later than 60 days after the decision of the California Supreme Court
becomes final.  
   (h)  
   (g)  An "SKS rifle" under this section, means all SKS rifles
that were deemed by the Department of Justice, pursuant to its
interpretation that was in effect between January 1, 1992, and
December 19, 1997, that SKS rifles manufactured with a fixed magazine
but retrofitted to accept a detachable magazine, and SKS rifles
commonly referred to as "SKS Sporter" versions, manufactured to
accept a detachable magazine and imported into this state after
January 1, 1992, are not "assault weapons" under paragraph (11) of
subdivision (a) of Section 12276.
  SEC. 2.  The Legislature hereby finds and declares the following:
   The Roberti-Roos Assault Weapons Control Act (AWCA) was passed in
1989, and became operative on January 1, 1991.  That act contained a
specific list of rifles defined as "assault weapons" and identified
by the manufacturer's name and model.  Those rifles that are defined
as "assault weapons" are prohibited from sale in California.
Individuals in possession of these firearms are required to register
them with the Department of Justice.  Among the rifles requiring
registration is a model known as the "SKS with detachable magazine."
The SKS model "with a fixed magazine," however, is not on the
"assault weapons" list since only an SKS with a detachable magazine
is required to be registered.
   In 1992, a new rifle came on the market known as the "SKS Sporter"
which is designed to accept a detachable magazine.  Since the
firearms appeared after the implementation date of AWCA, it could not
be registered.  Questions were raised about whether this new version
of the SKS was required to be a registered firearm under AWCA.
   In January of 1992, the Department of Justice began informing the
firearms industry and retail buyers that the SKS was not regulated by
the AWCA even though it contained a detachable magazine.  The
department reasoned that the "SKS Sporter" was a new firearm because
it was not mentioned specifically by name in the statute.  The
department also made clear that the original "SKS with a fixed
magazine," which was not on the AWCA list, could still be sold even
though a new detachable magazine was on the market that allowed this
firearm to be converted to an SKS rifle with a detachable magazine.
   Between 1987 and 1997, at least three hundred thousand SKS rifles
with fixed magazines were sold in California.  Between 1992 and 1996,
more than five million detachable SKS magazines were produced and
sold in California allowing the SKS rifles with fixed magazines to be
converted to accept a detachable magazine.
   In September of 1996, the Attorney General filed an amicus curiae
brief on behalf of the defendant in People v. Dingman, involving an
SKS detachable magazine, and requested the California Supreme Court
to review the decision of the Court of Appeal.  Chief Deputy Attorney
General Stirling, in his brief, explained that "(t)he impact of the
court's opinion cannot be overstated because of the millions of SKS
rifles and aftermarket magazines currently in circulation.  Tens of
thousands of California citizens may become criminal simply by using
a perfectly lawful rifle with a lawfully purchased magazine without
adequate notice that such activity brings them within the
proscriptions of the AWCA."
   In September of 1997, the Attorney General suddenly withdrew his
amicus  curiae  brief in support of the defendant in People
v. Dingman, stating that it now "inaccurately reflects the view of
the Attorney General."
   In November of 1997, the Department of Justice advised, in a
mailing to 350 potential owners of SKS Sporters and SKS with
detachable aftermarket magazines, that the department's position had
changed and those rifles are now considered assault weapons and "must
be relinquished to a local police or sheriff's department."
   On December 19, 1997, the Department of Justice notified licensed
firearm dealers and law enforcement officials about its revised
position on the SKS rifle.  There have been at least 10 
current and or attempted  prosecutions for violation of the
AWCA as a result of the revised position of the Department of
Justice.
   Tens of thousands of, if not several hundred thousand, innocent
people are now at risk of criminal prosecution, and all the related
costs, time, and trauma because they detrimentally relied on the
representation of the Department of Justice that the SKS Sporter and
the detachable magazine for the SKS were legal purchases under
current law.
   All Californians have a right to rely on the representations of
their elected leaders and agency heads without the risk of criminal
prosecution and loss of property.  It is the intent of this act to
make immune from criminal prosecution and any risk of injustice to
those individuals or businesses who relied directly or indirectly on
the representations of the Department of Justice regarding the SKS
Sporter and or detachable magazine for the SKS.