BILL NUMBER: AB 1961	AMENDED
	BILL TEXT

	AMENDED IN SENATE   JUNE 21, 2000
	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 that can only be used with that
weapon  .   This bill would also include in the above
definition any combination of parts from which a machinegun can be
assembled if those parts are in the possession and control of the
person.   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  that   which  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.  The term shall also
include the frame or receiver of any  like 
such  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   such  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.
  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.