BILL NUMBER: AB 2351 AMENDED
BILL TEXT
AMENDED IN SENATE AUGUST 25, 2000
AMENDED IN SENATE JUNE 1, 2000
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 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, commencing January 1, 2001, 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 certain
firearms pistols that are used in official
Olympic-style international shooting competition, as specified.
(2) 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.
The bill additionally would specify that the definition of
"assault weapon" does not include certain firearms
pistols that are used in official Olympic-style
international shooting competition, as specified.
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
pistols for Olympic-style shooting, without affecting other
firearms pistols 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) (1) The Legislature finds a significant public purpose in
exempting firearms pistols that are
designed expressly for use in Olympic target shooting events.
Therefore, it is the intent of the Legislature to exempt
those pistols that are sanctioned by the International
Olympic Committee and by USA Shooting, the national governing body
for international shooting competition in the United States, and
that are used for Olympic target shooting purposes at the time
this section that the act adding this
subdivision is enacted, and that fall within the definition of
"unsafe handgun" pursuant to paragraph (3) of subdivision (b) of
Section 12126 shall be exempt, as provided in paragraph (2)
.
(2) This chapter shall not apply to any of the following
firearms pistols , because they are consistent
with the significant public purpose expressed in paragraph (1):
MANUFACTURER MODEL CALIBER
ANSCHUTZ FP .22LR
BENELLI MP90 .22LR
BENELLI MP90 .32 S&W LONG
BENELLI MP95 .22LR
BENELLI MP95 .32 S&W LONG
DRULOV FP .22LR
GREEN ELECTROARM .22LR
HAMMERLI 100 .22LR
HAMMERLI 101 .22LR
HAMMERLI 102 .22LR
HAMMERLI 162 .22LR
HAMMERLI 280 .22LR
HAMMERLI 280 .32 S&W LONG
HAMMERLI FP10 .22LR
HAMMERLI MP33 .22LR
HAMMERLI SP20 .22LR
HAMMERLI SP20 .32 S&W LONG
MORINI CM102E .22LR
MORINI 22M .22LR
MORINI 32M .32 S&W LONG
MORINI CM80 .22LR
PARDINI GP .22 SHORT
PARDINI GPO .22 SHORT
PARDINI GP-SCHUMANN .22 SHORT
PARDINI HP .32 S&W LONG
PARDINI K22 .22LR
PARDINI MP .32 S&W LONG
PARDINI PGP75 .22LR
PARDINI SP .22LR
PARDINI SPE .22LR
SAKO FINMASTER .22LR
STEYR FP .22LR
VOSTOK IZH NO. 1 .22LR
VOSTOK MU55 .22LR
VOSTOK TOZ35 .22LR
WALTHER FP .22LR
WALTHER GSP .22LR
WALTHER GSP .32 S&W LONG
WALTHER OSP .22 SHORT
WALTHER OSP-2000 .22 SHORT
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) The Legislature finds a significant public purpose in
exempting firearms pistols that are
designed expressly for use in Olympic target shooting events.
Therefore, it is the intent of the Legislature to exempt
those pistols that are sanctioned by the International
Olympic Committee and by USA Shooting, the national governing body
for international shooting competition in the United States, and
that are used for Olympic target shooting purposes at the time
the act adding this subdivision is enacted, and that would otherwise
fall within the definition of "assault weapon" pursuant to this
section are exempt, as provided in subdivision (c) .
(c) "Assault weapon" does not include either of the following:
(1) Any antique firearm.
(2) Any of the following firearms pistols
, because they are consistent with the significant public
purpose expressed in subdivision (b):
MANUFACTURER MODEL CALIBER
BENELLI MP90 .22LR
BENELLI MP90 .32 S&W LONG
BENELLI MP95 .22LR
BENELLI MP95 .32 S&W LONG
HAMMERLI 280 .22LR
HAMMERLI 280 .32 S&W LONG
HAMMERLI SP20 .22LR
HAMMERLI SP20 .32 S&W LONG
PARDINI GPO .22 SHORT
PARDINI GP-SCHUMANN .22 SHORT
PARDINI HP .32 S&W LONG
PARDINI MP .32 S&W LONG
PARDINI SP .22LR
PARDINI SPE .22LR
WALTHER GSP .22LR
WALTHER GSP .32 S&W LONG
WALTHER OSP .22 SHORT
WALTHER OSP-2000 .22 SHORT
(d) 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.
(e) 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.