BILL NUMBER: AB 1961	AMENDED
	BILL TEXT

	AMENDED IN SENATE   JUNE 8, 2000
	AMENDED IN ASSEMBLY   MAY 1, 2000

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 amended, Machado.  Machineguns:  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  weapon that can readily be restored to shoot,
automatically, more than one shot, and to also include a  frame
receiver, or trigger mechanism  , as defined,  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.   (a)  The term "machinegun" as used in
this chapter means any weapon that shoots, or is designed to shoot,
 or can readily be restored to shoot,  automatically, more
than one shot, without manual reloading, by a single function of the
trigger  , and includes any frame, receiver, or trigger
mechanism that can only be used with that weapon.  The term also
includes any part   .  The term shall also include the
frame or receiver of any like weapon, any part designed and intended
solely and exclusively,  or combination of parts designed and
intended for use in converting a weapon into a machinegun  , and
any combination of parts from which a machinegun can be assembled if
those parts are in the possession or under the control of a person
 .  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.  
   (b) As used in this section, "trigger mechanism" means any part
designed and intended solely and exclusively for, or any combination
of parts designed and intended for, use in converting a weapon into a
machinegun, and any combination of parts from which a machinegun can
be assembled if those parts are in the possession or under the
control of a person.
   (c) As used in this section, the phrase "parts designed and
intended for use in converting" means a part or combination of parts
that are specifically designed conversion parts or modified or
altered machinegun parts, that can be used to convert a semiautomatic
firearm to a machinegun without alteration of the semiautomatic
receiver.  This phrase does not refer to or identify unaltered
manufactured machinegun parts. 
  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.