BILL NUMBER: AB 2351 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 5, 2000
INTRODUCED BY Assembly Member Zettel
(Principal coauthor: Senator Peace)
FEBRUARY 24, 2000
An act to amend Sections 12132 and 12280
12276.1 of the Penal Code, relating to weapons.
LEGISLATIVE COUNSEL'S DIGEST
AB 2351, as amended, Zettel. Weapons: manufacture, import, and
sale.
(1) Existing law, commencing January 1, 2001, makes it a
misdemeanor to manufacture or cause to be manufactured, import into
the state for sale, keep for sale, offer or expose for sale, give, or
lend any unsafe handgun, except as specified.
Existing law additionally requires every person licensed to
manufacture firearms pursuant to federal law who manufactures
firearms in this state and every person who imports into the state
for sale, keeps for sale, or offers or exposes for sale any firearm
to certify under penalty of perjury that every model, kind, class,
style, or type of pistol, revolver, or other firearm capable of being
concealed upon the person that he or she manufactures or imports,
keeps, or exposes for sale is not a prohibited unsafe handgun.
This bill would exempt from these requirements an assault
weapon used exclusively in specified competitions or programs
any firearm that is used in official Olympic-style
international shooting competition sanctioned by a specified entity
.
(2) Existing law makes it a crime to engage in specified
activities regarding assault weapons and regulates the lawful
possession of those weapons. Existing law defines the term
"assault weapon" by, among other things, designating a list of
specified semiautomatic firearms and providing descriptive
definitions concerning the capacity and function of the weapon.
Existing law also provides specified exemptions to the
prohibitions regarding use and possession of an assault weapon.
This bill would include among these exemptions the loan of an
assault weapon to a minor participating in a competition sanctioned
by USA Shooting or the governing body of shooting sports in the
United States or who is at a shooting range participating in a
shooting development program managed by these organizations and the
importation of an assault weapon for exclusive use in competitions or
programs developed or sanctioned by these organizations. The bill
would authorize the Department of Justice to require proof of
membership in these organizations.
The bill additionally would specify that the definition of
"assault weapon" does not include any firearm that is used in
official Olympic-style international shooting competition sanctioned
by a specified entity.
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. It is the intent of the Legislature in enacting
this bill to simplify the application of its provisions by the
Department of Justice and to ensure that these provisions only have
the effect of allowing access to, and use of, firearms for
Olympic-style shooting, without affecting other firearms regulated
under existing law.
SEC. 2. Section 12132 of the Penal Code is amended to read:
12132. This chapter shall not apply to any of the following:
(a) The sale, loan, or transfer of any firearm pursuant to Section
12082 or 12084 in order to comply with subdivision (d) of Section
12072.
(b) The sale, loan, or transfer of any firearm that is exempt from
the provisions of subdivision (d) of Section 12072 pursuant to any
applicable exemption contained in Section 12078, if the sale, loan,
or transfer complies with the requirements of that applicable
exemption to subdivision (d) of Section 12072.
(c) The sale, loan, or transfer of any firearm as described in
paragraph (3) of subdivision (b) of Section 12125.
(d) The delivery of a pistol, revolver, or other firearm capable
of being concealed upon the person to a person licensed pursuant to
Section 12071 for the purposes of the service or repair of that
firearm.
(e) The return of a pistol, revolver, or other firearm capable of
being concealed upon the person by a person licensed pursuant to
Section 12071 to its owner where that firearm was initially delivered
in the circumstance set forth in subdivision (d).
(f) The return of a pistol, revolver, or other firearm capable of
being concealed upon the person by a person licensed pursuant to
Section 12071 to its owner where that firearm was initially delivered
to that licensee for the purpose of a consignment sale or as
collateral for a pawnbroker loan.
(g) The sale, loan, or transfer of any pistol, revolver, or other
firearm capable of being concealed upon the person listed as a curio
or relic, as defined in Section 178.11 of the Code of Federal
Regulations.
(h) The use of an assault weapon exclusively in competitions or
programs developed or sanctioned by USA Shooting or other governing
bodies of shooting sports in the United States.
(h) Any firearm that is used for the purpose of using that firearm
in official Olympic-style international shooting competition
sanctioned by USA Shooting, the national governing body for
international shooting competition in the United States as franchised
by the United States Olympic Committee. A list of any pistol,
revolver, or other firearm capable of being concealed upon the person
that is eligible to be used in USA Shooting sanctioned events shall
be furnished to the Department of Justice by the Executive Director
of USA Shooting. An updated list shall be furnished to the
department as needed.
SEC. 2. Section 12280 of the Penal Code is amended to read:
12280. (a) (1) Any person who, within this state, manufactures or
causes to be manufactured, distributes, transports, or imports into
the state, keeps for sale, or offers or exposes for sale, or who
gives or lends any assault weapon, except as provided by this
chapter, is guilty of a felony, and upon conviction shall be punished
by imprisonment in the state prison for four, six, or eight years.
(2) In addition and consecutive to the punishment imposed under
paragraph (1), any person who transfers, lends, sells, or gives any
assault weapon to a minor in violation of paragraph (1) shall receive
an enhancement of one year.
(b) Except as provided in Section 12288, and in subdivisions (c)
and (d), any person who, within this state, possesses any assault
weapon, except as provided in this chapter, is guilty of a public
offense and upon conviction shall be punished by imprisonment in the
state prison, or in a county jail, not exceeding one year. However,
if the person presents proof that he or she lawfully possessed the
assault weapon prior to June 1, 1989, or prior to the date it was
specified as an assault weapon, and has since either registered the
firearm and any other lawfully obtained firearm specified by Section
12276 or 12276.5 pursuant to Section 12285 or relinquished them
pursuant to Section 12288, a first-time violation of this subdivision
shall be an infraction punishable by a fine of up to five hundred
dollars ($500), but not less than three hundred fifty dollars ($350),
if the person has otherwise possessed the firearm in compliance with
subdivision (c) of Section 12285. In these cases, the firearm shall
be returned unless the court finds in the interest of public safety,
after notice and hearing, that the assault weapon should be
destroyed pursuant to Section 12028.
(c) A first-time violation of subdivision (b) shall be an
infraction punishable by a fine of up to five hundred dollars ($500),
if the person was found in possession of no more than two firearms
in compliance with subdivision (c) of Section 12285 and the person
meets all of the following conditions:
(1) The person proves that he or she lawfully possessed the
assault weapon prior to the date it was defined as an assault weapon
pursuant to Section 12276.1.
(2) The person is not found in possession of a firearm specified
as an assault weapon pursuant to Section 12276 or Section 12276.5.
(3) The person has not previously been convicted of violating this
section.
(4) The person was found to be in possession of the assault
weapons within one year following the end of the one-year
registration period established pursuant to subdivision (a) of
Section 12285.
(5) The person has since registered the firearms and any other
lawfully obtained firearms defined by Section 12276.1, pursuant to
Section 12285, except as provided for by this section, or
relinquished them pursuant to Section 12288.
(d) Firearms seized pursuant to subdivision (c) shall be returned
unless the court finds in the interest of public safety, after notice
and hearing, that the assault weapon should be destroyed pursuant to
Section 12028.
(e) Notwithstanding Section 654 or any other provision of law, any
person who commits another crime while violating this section may
receive an additional, consecutive punishment of one year for
violating this section in addition and consecutive to the punishment,
including enhancements, which is prescribed for the other crime.
(f) Subdivisions (a) and (b) shall not apply to the sale to,
purchase by, or possession of assault weapons by the Department of
Justice, police departments, sheriffs' offices, marshals' offices,
the Youth and Adult Corrections Agency, the Department of the
California Highway Patrol, district attorneys' offices, Department of
Fish and Game, Department of Parks and Recreation, or the military
or naval forces of this state or of the United States for use in the
discharge of their official duties.
(g) Subdivision (b) shall not prohibit the possession or use of
assault weapons by sworn peace officer members of those agencies
specified in subdivision (f) for law enforcement purposes, whether on
or off duty.
(h) Subdivisions (a) and (b) shall not prohibit the sale or
transfer of assault weapons by an entity specified in subdivision (f)
to a person, upon retirement, who retired as a sworn officer from
that entity.
(i) Subdivision (b) shall not apply to the possession of an
assault weapon by a retired peace officer who received that assault
weapon pursuant to subdivision (h).
(j) Subdivision (b) shall not apply to the possession of an
assault weapon, as defined in Section 12276, by any person during the
1990 calendar year, during the 90-day period immediately after the
date it was specified as an assault weapon pursuant to Section
12276.5, or during the one-year period after the date it was defined
as an assault weapon pursuant to Section 12276.1, if all of the
following are applicable:
(1) The person is eligible under this chapter to register the
particular assault weapon.
(2) The person lawfully possessed the particular assault weapon
described in paragraph (1) prior to June 1, 1989, if the weapon is
specified as an assault weapon pursuant to Section 12276, or prior to
the date it was specified as an assault weapon pursuant to Section
12276.5, or prior to the date it was defined as an assault weapon
pursuant to Section 12276.1.
(3) The person is otherwise in compliance with this chapter.
(k) Subdivisions (a) and (b) shall not apply to the manufacture by
persons who are issued permits pursuant to Section 12287 of assault
weapons for sale to the following:
(1) Exempt entities listed in subdivision (f).
(2) Entities and persons who have been issued permits pursuant to
Section 12286.
(3) Entities outside the state who have, in effect, a federal
firearms dealer's license solely for the purpose of distribution to
an entity listed in paragraphs (4) to (6), inclusive.
(4) Federal military and law enforcement agencies.
(5) Law enforcement and military agencies of other states.
(6) Foreign governments and agencies approved by the United States
State Department.
(l) Subdivision (a) shall not apply to a person who is the
executor or administrator of an estate that includes an assault
weapon registered under Section 12285 or that was possessed pursuant
to subdivision (g) or (i) which is disposed of as authorized by the
probate court, if the disposition is otherwise permitted by this
chapter.
(m) Subdivision (b) shall not apply to a person who is the
executor or administrator of an estate that includes an assault
weapon registered under Section 12285 or that was possessed pursuant
to subdivision (g) or (i), if the assault weapon is possessed at a
place set forth in paragraph (1) of subdivision (c) of Section 12285
or as authorized by the probate court.
(n) Subdivision (a) shall not apply to:
(1) A person who lawfully possesses and has registered an assault
weapon pursuant to this chapter who lends that assault weapon to
another if all the following apply:
(A) The person to whom the assault weapon is lent is 18 years of
age or over and is not in a class of persons prohibited from
possessing firearms by virtue of Section 12021 or 12021.1 of this
code or Section 8100 or 8103 of the Welfare and Institutions Code.
(B) The person to whom the assault weapon is lent remains in the
presence of the registered possessor of the assault weapon.
(C) The person to whom the assault weapon is lent is a minor
participating in a competition sanctioned by USA Shooting or the
governing body of shooting sports in the United States or is at a
shooting range participating in a shooting development program
managed by these organizations.
(D) The assault weapon is possessed at any of the following
locations:
(i) While on a target range that holds a regulatory or business
license for the purpose of practicing shooting at that target range.
(ii) While on the premises of a target range of a public or
private club or organization organized for the purpose of practicing
shooting at targets.
(iii) While attending any exhibition, display, or educational
project that is about firearms and that is sponsored by, conducted
under the auspices of, or approved by a law enforcement agency or a
nationally or state recognized entity that fosters proficiency in, or
promotes education about, firearms.
(2) The return of an assault weapon to the registered possessor
which is lent by the same pursuant to paragraph (1).
(3) The importation of an assault weapon for exclusive use in
competitions or programs developed or sanctioned by USA Shooting or
the governing body of shooting sports in the United States.
The Department of Justice may require proof of membership in any
of the shooting organizations described in this subdivision.
(o) Subdivision (b) shall not apply to the possession of an
assault weapon by a person to whom an assault weapon is lent pursuant
to subdivision (n).
(p) Subdivisions (a) and (b) shall not apply to the possession and
importation of an assault weapon into this state by a nonresident if
all of the following conditions are met:
(1) The person is attending or going directly to or coming
directly from an organized competitive match or league competition
that involves the use of an assault weapon.
(2) The competition or match is conducted on the premises of one
of the following:
(i) A target range that holds a regulatory or business license for
the purpose of practicing shooting at that target range.
(ii) A target range of a public or private club or organization
that is organized for the purpose of practicing shooting at targets.
(3) The match or competition is sponsored by, conducted under the
auspices of, or approved by, a law enforcement agency or a nationally
or state recognized entity that fosters proficiency in, or promotes
education about, firearms.
(4) The assault weapon is transported in accordance with Section
12026.1 or 12026.2.
(5) The person is 18 years of age or over and is not in a class of
persons prohibited from possessing firearms by virtue of Section
12021 or 12021.1 of this code or Section 8100 or 8103 of the Welfare
and Institutions Code.
(q) Subdivision (b) shall not apply to any of the following
persons:
(1) A person acting in accordance with Section 12286.
(2) A person who has a permit to possess an assault weapon issued
pursuant to Section 12286 when he or she is acting in accordance with
Section 12285 or 12286.
(r) Subdivisions (a) and (b) shall not apply to any of the
following persons:
(1) A person acting in accordance with Section 12285.
(2) A person acting in accordance with Section 12286 or 12290.
(s) Subdivision (b) shall not apply to the registered owner of an
assault weapon possessing that firearm in accordance with subdivision
(c) of Section 12285.
(t) Subdivision (a) shall not apply to the importation into this
state of an assault weapon by the registered owner of that assault
weapon, if it is in accordance with the provisions of subdivision (c)
of Section 12285.
(u) As used in this chapter, the date a firearm is an assault
weapon is the earliest of the following:
(1) The effective date of an amendment to Section 12276 that adds
the designation of the specified firearm.
(2) The effective date of the list promulgated pursuant to Section
12276.5 that adds or changes the designation of the specified
firearm.
(3) The operative date of Section 12276.1, as specified in
subdivision (b) of that section.
SEC. 3. Section 12276.1 of the Penal Code is amended to read:
12276.1. (a) Notwithstanding Section 12276, "assault weapon"
shall also mean any of the following:
(1) A semiautomatic, centerfire rifle that has the capacity to
accept a detachable magazine and any one of the following:
(A) A pistol grip that protrudes conspicuously beneath the action
of the weapon.
(B) A thumbhole stock.
(C) A folding or telescoping stock.
(D) A grenade launcher or flare launcher.
(E) A flash suppressor.
(F) A forward pistol grip.
(2) A semiautomatic, centerfire rifle that has a fixed magazine
with the capacity to accept more than 10 rounds.
(3) A semiautomatic, centerfire rifle that has an overall length
of less than 30 inches.
(4) A semiautomatic pistol that has the capacity to accept a
detachable magazine and any one of the following:
(A) A threaded barrel, capable of accepting a flash suppressor,
forward handgrip, or silencer.
(B) A second handgrip.
(C) A shroud that is attached to, or partially or completely
encircles, the barrel that allows the bearer to fire the weapon
without burning his or her hand, except a slide that encloses the
barrel.
(D) The capacity to accept a detachable magazine at some location
outside of the pistol grip.
(5) A semiautomatic pistol with a fixed magazine that has the
capacity to accept more than 10 rounds.
(6) A semiautomatic shotgun that has both of the following:
(A) A folding or telescoping stock.
(B) A pistol grip that protrudes conspicuously beneath the action
of the weapon, thumbhole stock, or vertical handgrip.
(7) A semiautomatic shotgun that has the ability to accept a
detachable magazine.
(8) Any shotgun with a revolving cylinder.
(b) "Assault weapon" does not include any
either of the following:
(1) Any antique firearm.
(2) Any firearm that is used in official Olympic-style
international shooting competition sanctioned by USA Shooting, the
national governing body for international shooting competition in the
United States as franchised by the United States Olympic Committee.
A list of any pistol, revolver, or other firearm capable of being
concealed upon the person that is eligible to be used in USA Shooting
sanctioned events shall be furnished to the Department of Justice by
the Executive Director of USA Shooting. An updated list shall be
furnished to the department as needed.
(c) The following definitions shall apply under this section:
(1) "Magazine" shall mean any ammunition feeding device.
(2) "Capacity to accept more than 10 rounds" shall mean capable of
accommodating more than 10 rounds, but shall not be construed to
include a feeding device that has been permanently altered so that it
cannot accommodate more than 10 rounds.
(3) "Antique firearm" means any firearm manufactured prior to
January 1, 1899.
(d) This section shall become operative January 1, 2000.
SEC. 4. If any provision of this act or the application thereof to
any person or circumstance is held invalid, that invalidity may not
affect other provisions or applications of this act that can be given
effect without the invalid provision or application, and to this end
the provisions of this act are severable.