BILL NUMBER: AB 1961	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Machado
   (Principal coauthor: Senator Dunn)

                        FEBRUARY 18, 2000

   An act to amend Section 12200 of the Penal Code, relating to
firearms.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1961, as introduced, Machado.  Machine guns: definition.
   Existing law prohibits a person, firm, or corporation from
possessing, transporting, manufacturing, or selling a machinegun
unless authorized to do so.  A machinegun is defined to mean, in
part, any weapon that shoots, or is designed to shoot, automatically,
more than one shot, without manual reloading, by a single function
of the trigger, and includes any frame receiver that can only be used
with that weapon.
   This bill would expand the above definition of a machinegun to
include any frame receiver, or trigger mechanism that can only be
used with that weapon.  By expanding the definition of a machinegun,
this bill would expand the scope of a crime and impose a
state-mandated local program.
  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:


  SECTION 1.  Section 12200 of the Penal Code is amended to read:
   12200.  The term "machinegun" as used in this  chapter means any
weapon  which   that  shoots, or is
designed to shoot, automatically, more than one shot, without manual
reloading, by a single function of the trigger, and includes any
frame  or   ,  receiver  , or trigger
mechanism   which   that  can only be
used with that weapon.  The term also includes any part or
combination of parts designed and intended for use in converting a
weapon into a machinegun.  The term also includes any weapon deemed
by the federal Bureau of Alcohol, Tobacco, and Firearms as readily
convertible to a machinegun under Chapter 53 (commencing with Section
5801) of Title 26 of the United States Code.
  SEC. 2.  No reimbursement is required by this act pursuant to
Section 6 of Article XIIIB 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 XIIIB of the California Constitution.