BILL NUMBER: AB 1265 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Wright
FEBRUARY 26, 1999
An act to amend Section 12281 of the Penal Code, relating to
firearms.
LEGISLATIVE COUNSEL'S DIGEST
AB 1265, as introduced, Wright. Firearms: assault weapons:
reimbursement.
Existing law requires the Department of Justice to purchase an SKS
rifle from any person who relinquished an SKS rifle pursuant to law,
and to adopt regulations governing the procedures for reimbursement
of those rifles.
This bill would authorize the department to reimburse an
individual who is relinquishing the firearm and has a receipt for the
purchase of that firearm, for the actual purchase price, including
the sales tax and Dealer Record of Sale (DROS) fee. If the
individual does not have a receipt for the firearm, he or she would
be reimbursed for the firearm in the amount of $230.
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 of the Penal Code is amended 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 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 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 prior to January 1, 2000.
(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) The Department of Justice shall notify all district attorneys
on or before January 31, 1999, 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.
(f) (1) Any person, firm, company, or corporation that is in
possession of an SKS rifle shall do one of the following on or before
January 1, 2000:
(A) Relinquish the SKS rifle to the Department of Justice pursuant
to subdivision (h).
(B) Relinquish the SKS rifle to a law enforcement agency pursuant
to Section 12288.
(C) Dispose of the SKS rifle as permitted by Section 12285.
(2) Any person who has obtained title to an SKS rifle by bequest
or intestate succession shall be required to comply with subparagraph
(A) or (B) of paragraph (1) of this subdivision unless he or she
otherwise complies with paragraph (1) of subdivision (b) of Section
12285.
(3) Any SKS rifle relinquished to the department pursuant to this
subdivision shall be in a manner prescribed by the department.
(4) The department shall conduct a public education and
notification program as described in Section 12289, commencing no
later than January 1, 1999.
(g) Any person who complies with subdivision (f) shall be exempt
from the prohibitions set forth in subdivision (a) or (b) of Section
12280 for those acts by that person associated with complying with
the requirements of subdivision (f).
(h) (1) The department shall purchase any SKS rifle relinquished
pursuant to subdivision (f) from funds appropriated for this purpose
by the act amending this section in the 1997-98 Regular Session of
the Legislature or by subsequent budget acts or other legislation.
The department shall adopt regulations for this purchase program that
include, but are not limited to, the manner of delivery, the
reimbursement to be paid, and the manner in which persons shall be
informed of the state purchase program. If the individual
relinquishing the firearm has a receipt, he or she shall be
reimbursed for the actual price paid, including sales tax and Dealer
Record of Sale (DROS) fee. If the individual does not have a receipt
for the purchase of the firearm, he or she shall receive the sum of
two hundred thirty dollars ($230).
(2) Any person who relinquished possession of an SKS rifle to a
law enforcement agency pursuant to Section 12288 prior to the
effective date of the purchase program set forth in paragraph (1)
shall be eligible to be reimbursed from the purchase program. The
procedures for reimbursement pursuant to this paragraph shall be part
of the regulations adopted by the department pursuant to paragraph
(1).
(i) Notwithstanding paragraph (11) of subdivision (a) of Section
12276, an "SKS rifle" under this section means all SKS rifles
commonly referred to as "SKS Sporter" versions, manufactured to
accept a detachable AK-47 magazine and imported into this state and
sold by a licensed gun dealer, or otherwise lawfully possessed in
this state by a resident of this state who is not a licensed gun
dealer, between January 1, 1992, and December 19, 1997.
(j) Failure to comply with subdivision (f) is a public offense
punishable by imprisonment in the state prison, or in a county jail,
not exceeding one year.
(k) In addition to the regulations required pursuant to
subdivision (h), emergency regulations for the purchase program
described in subdivision (h) shall be adopted pursuant to Chapter 3.5
(commencing with Section 11340) of Part 1 of Division 3 of Title 2
of the Government Code.