BILL NUMBER: SB 23	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senators Perata, Alpert, Bowen, and Ortiz
   (Coauthors: Assembly Members Alquist, Gallegos, Kuehl, Mazzoni,
Nakano, Scott, Shelley, Torlakson, and Washington)

                        DECEMBER 7, 1998

   An act to amend Sections 12020, 12022, 12022.5, 12280, 12285, and
12289 of, and to add Section 12276.1 to, the Penal Code, relating to
firearms.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 23, as introduced, Perata.  Firearms:  assault weapons.
   (1) Existing law makes it a misdemeanor for any person to
manufacture, cause to be manufactured, import into this state, keep
or offer for sale, give, lend, or possess specified weapons and
explosives.
   This bill would make it a misdemeanor or a felony, beginning
January 1, 2000, for any person to engage in any of the above
activities with respect to any large-capacity magazine.  A
large-capacity magazine would be defined to mean any ammunition
feeding device with the capacity to accept more than 10 rounds.  By
expanding the definition of, and increasing the penalty for, a crime,
this bill imposes a state-mandated local program.
   (2) Existing law requires imposition of enhanced terms of
imprisonment on any person convicted of a felony, who was either
armed with, or personally used, an assault weapon or machinegun, as
defined, in the commission of, or attempted commission of that
felony.
   This bill would expand the above 2 enhancement provisions to
include large-capacity firearms and would define the term
"large-capacity firearms." By expanding the scope of an enhancement
provision, this bill would impose a state-mandated local program.
   (3) 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.
   This bill would further define the term "assault weapon" by
providing descriptive definitions concerning the capacity and
function of the weapon.  By expanding the definition of a crime, this
bill would impose a state-mandated local program.
   (4) Existing law makes it a crime, punishable either as a felony
or a misdemeanor, for any person to possess any assault weapon, as
defined.  However, if a person charged with a first-time violation of
that offense, presents proof that he or she lawfully possessed the
assault weapon within a specified period, and has since registered
the weapon or relinquished it, the offense is punishable as an
infraction, if the person has also complied with specified
conditions.  Existing law also provides a period of forgiveness to
persons in possession of an assault weapon during a specified period
under specified conditions.  In addition, existing law exempts
specified law enforcement agencies from the prohibition against
possession, purchase, or sale of assault weapons.
   This bill would make it an infraction, punishable by a fine up to
$500, for a first-time violation of the above-mentioned offense, if
the offender was found in possession of no more than 2 firearms in
compliance with specified provisions and proves by a preponderance of
the evidence that he or she lawfully possessed the assault weapon
prior to the date it was defined as an assault weapon under the
proposed provision set forth in (3).  This bill would also add an
additional period of forgiveness for persons in possession of assault
weapons, as defined, pursuant to the proposed provision set forth in
(3), to extend to the one-year period after the weapon was defined
as an assault weapon under that proposed provision.  By defining a
new crime, this bill would impose a state-mandated local program.
   (5) Existing law requires any person who lawfully possesses an
assault weapon, as defined, prior to specified periods, to register
that weapon with the Department of Justice, within a specified period
of time.
   This bill would require any person who lawfully possessed an
assault weapon prior to the date it was defined as an assault weapon
pursuant to the proposed provision mentioned in (3) above, to
register the weapon within one year of the effective date of that
provision.
   (6) Existing law requires the Department of Justice to conduct a
public education and notification program regarding the registration
of assault weapons, the limited forgiveness period of the
registration requirement and the consequences of nonregistration.
   This bill would require that the public education and notification
program include the new definition of assault weapons discussed in
paragraph (4) above.
   (7) The bill would provide that its provisions are severable.
  (8) 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 12020 of the Penal Code is amended to read:
   12020.  (a) Any person in this state who  manufactures
  does any of the following is punishable by
imprisonment in a county jail not exceeding one year or in the state
prison:
   (1) Manufactures  or causes to be manufactured, imports into
the state, keeps for sale, or offers or exposes for sale, or who
gives, lends, or possesses any cane gun or wallet gun, any
undetectable firearm, any firearm which is not immediately
recognizable as a firearm, any camouflaging firearm container, any
ammunition which contains or consists of any flechette dart, any
bullet containing or carrying an explosive agent, any ballistic
knife, any multiburst trigger activator, any nunchaku, any
short-barreled shotgun, any short-barreled rifle, any metal knuckles,
any belt buckle knife, any leaded cane, any zip gun, any shuriken,
any unconventional pistol, any lipstick case knife, any cane sword,
any shobi-zue, any air gauge knife, any writing pen knife, any metal
military practice handgrenade or metal replica handgrenade, or any
instrument or weapon of the kind commonly known as a blackjack,
slungshot, billy, sandclub, sap, or sandbag  , or who carries
  .
   (2) Commencing January 1, 2000, manufactures or causes to be
manufactured, imports into the state, keeps for sale, or offers or
exposes for sale, or who gives, or lends any large-capacity magazine.

   (3) Carries  concealed upon his or her person any explosive
substance, other than fixed ammunition  , or who carries
  .
   (4) Carries  concealed upon his or her person any dirk or
dagger  is punishable by imprisonment in a county jail not
exceeding one year or in the state prison  .  However, a
first offense involving any metal military practice handgrenade or
metal replica handgrenade shall be punishable only as an infraction
unless the offender is an active participant in a criminal street
gang as defined in the Street Terrorism and Enforcement and
Prevention Act (Chapter 11 (commencing with Section  186.20)
  186.29)  of Title 7 of Part 1).  A bullet
containing or carrying an explosive agent is not a destructive device
as that term is used in Section 12301.
   (b) Subdivision (a) does not apply to any of the following:
   (1) The sale to, purchase by, or possession of short-barreled
shotguns or short-barreled rifles by police departments, sheriffs'
offices, marshals' offices, the California Highway Patrol, the
Department of Justice, or the military or naval forces of this state
or of the United States for use in the discharge of their official
duties or the possession of short-barreled shotguns and
short-barreled rifles by regular, salaried, full-time members of a
police department, sheriff's office, marshal's office, the California
Highway Patrol, or the Department of Justice when on duty and the
use is authorized by the agency and is within the course and scope of
their duties.
   (2) The manufacture, possession, transportation or sale of
short-barreled shotguns or short-barreled rifles when authorized by
the Department of Justice pursuant to Article 6 (commencing with
Section 12095) of this chapter and not in violation of federal law.
   (3) The possession of a nunchaku on the premises of a school which
holds a regulatory or business license and teaches the arts of
self-defense.
   (4) The manufacture of a nunchaku for sale to, or the sale of a
nunchaku to, a school which holds a regulatory or business license
and teaches the arts of self-defense.
   (5) Any antique firearm.  For purposes of this section, "antique
firearm" means any firearm not designed or redesigned for using
rimfire or conventional center fire ignition with fixed ammunition
and manufactured in or before 1898 (including any matchlock,
flintlock, percussion cap, or similar type of ignition system or
replica thereof, whether actually manufactured before or after the
year 1898) and also any firearm using fixed ammunition manufactured
in or before 1898, for which ammunition is no longer manufactured in
the United States and is not readily available in the ordinary
channels of commercial trade.
   (6) Tracer ammunition manufactured for use in shotguns.
   (7) Any firearm or ammunition which is a curio or relic as defined
in Section 178.11 of Title 27 of the Code of Federal Regulations and
which is in the possession of a person permitted to possess the
items pursuant to Chapter 44 (commencing with Section 921) of Title
18 of the United States Code and the regulations issued pursuant
thereto.  Any person prohibited by Section 12021, 12021.1, or 12101
of this code or Section 8100 or 8103 of the Welfare and Institutions
Code from possessing firearms or ammunition who obtains title to
these items by bequest or intestate succession may retain title for
not more than one year, but actual possession of these items at any
time is punishable pursuant to Section 12021, 12021.1, or 12101 of
this code or Section 8100 or 8103 of the Welfare and Institutions
Code.  Within the year the person shall transfer title to the
firearms or ammunition by sale, gift, or other disposition.  Any
person who violates this paragraph is in violation of subdivision
(a).
   (8) Any other weapon as defined in subsection (e) of Section 5845
of Title 26 of the United States Code and which is in the possession
of a person permitted to possess the weapons pursuant to the federal
Gun Control Act of 1968 (Public Law 90-618), as amended, and the
regulations issued pursuant thereto.  Any person prohibited by
Section 12021, 12021.1, or 12101 of this code or Section 8100 or 8103
of the Welfare and Institutions Code from possessing these weapons
who obtains title to these weapons by bequest or intestate succession
may retain title for not more than one year, but actual possession
of these weapons at any time is punishable pursuant to Section 12021,
12021.1, or 12101 of this code or Section 8100 or 8103 of the
Welfare and Institutions Code.  Within the year, the person shall
transfer title to the weapons by sale, gift, or other disposition.
Any person who violates this paragraph is in violation of subdivision
(a).  The exemption provided in this subdivision does not apply to
pen guns.
   (9) Instruments or devices that are possessed by federal, state,
and local historical societies, museums, and institutional
collections which are open to the public, provided that these
instruments or devices are properly housed, secured from unauthorized
handling, and, if the instrument or device is a firearm, unloaded.
   (10) Instruments or devices, other than short-barreled shotguns or
short-barreled rifles, that are possessed or utilized during the
course of a motion picture, television, or video production or
entertainment event by an authorized participant therein in the
course of making that production or event or by an authorized
employee or agent of the entity producing that production or event.
   (11) Instruments or devices, other than short-barreled shotguns or
short-barreled rifles, that are sold by, manufactured by, exposed or
kept for sale by, possessed by, imported by, or lent by persons who
are in the business of selling instruments or devices listed in
subdivision (a) solely to the entities referred in paragraphs (9) and
(10) when engaging in transactions with those entities.
   (12) The sale to, possession of, or purchase of any weapon,
device, or ammunition, other than a short-barreled rifle or
short-barreled shotgun, by any federal, state, county, city and
county, or city agency that is charged with the enforcement of any
law for use in the discharge of their official duties, or the
possession of any weapon, device, or ammunition, other than a
short-barreled rifle or short-barreled shotgun, by peace officers
thereof when on duty and the use is authorized by the agency and is
within the course and scope of their duties.
   (13) Weapons, devices, and ammunition, other than a short-barreled
rifle or short-barreled shotgun, that are sold by, manufactured by,
exposed, or kept for sale by, possessed by, imported by, or lent by,
persons who are in the business of selling weapons, devices, and
ammunition listed in subdivision (a) solely to the entities referred
to in paragraph (12) when engaging in transactions with those
entities.
   (14) The manufacture for, sale to, exposing or keeping for sale
to, importation of, or lending of wooden clubs or batons to special
police officers or uniformed security guards authorized to carry any
wooden club or baton pursuant to Section 12002 by entities that are
in the business of selling wooden batons or clubs to special police
officers and uniformed security guards when engaging in transactions
with those persons.
   (15) Any plastic toy handgrenade, or any metal military practice
handgrenade or metal replica handgrenade that is a relic, curio,
memorabilia, or display item, that is filled with a permanent inert
substance or that is otherwise permanently altered in a manner that
prevents ready modification for use as a grenade.
   (16) Any instrument, ammunition, weapon, or device listed in
subdivision (a) that is not a firearm that is found and possessed by
a person who meets all of the following:
   (A) The person is not prohibited from possessing firearms or
ammunition pursuant to Section 12021 or 12021.1 or paragraph (1) of
subdivision (b) of Section 12316 of this code or Section 8100 or 8103
of the Welfare and Institutions Code.
   (B) The person possessed the instrument, ammunition, weapon, or
device no longer than was necessary to deliver or transport the same
to a law enforcement agency for that agency's disposition according
to law.
   (C) If the person is transporting the listed item, he or she is
transporting the listed item to a law enforcement agency for
disposition according to law.
   (17) Any firearm, other than a short-barreled rifle or
short-barreled shotgun, that is found and possessed by a person who
meets all of the following:
   (A) The person is not prohibited from possessing firearms or
ammunition pursuant to Section 12021 or 12021.1 or paragraph (1) of
subdivision (b) of Section 12316 of this code or Section 8100 or 8103
of the Welfare and Institutions Code.
   (B) The person possessed the firearm no longer than was necessary
to deliver or transport the same to a law enforcement agency for that
agency's disposition according to law.
   (C) If the person is transporting the firearm, he or she is
transporting the firearm to a law enforcement agency for disposition
according to law.
   (D) Prior to transporting the firearm to a law enforcement agency,
he or she has given prior notice to that law enforcement agency that
he or she is transporting the firearm to that law enforcement agency
for disposition according to law.
   (E) The firearm is transported in a locked container as defined in
subdivision (d) of Section 12026.2.
   (18) The possession of any weapon, device, or ammunition, by a
forensic laboratory or any authorized agent or employee thereof in
the course and scope of his or her authorized activities.
   (c) (1) As used in this section, a "short-barreled shotgun" means
any of the following:
   (A) A firearm which is designed or redesigned to fire a fixed
shotgun shell and having a barrel or barrels of less than 18 inches
in length.
   (B) A firearm which has an overall length of less than 26 inches
and which is designed or redesigned to fire a fixed shotgun shell.
   (C) Any weapon made from a shotgun (whether by alteration,
modification, or otherwise) if that weapon, as modified, has an
overall length of less than 26 inches or a barrel or barrels of less
than 18 inches in length.
   (D) Any device which may be readily restored to fire a fixed
shotgun shell which, when so restored, is a device defined in
subparagraphs (A) to (C), inclusive.
   (E) Any part, or combination of parts, designed and intended to
convert a device into a device defined in subparagraphs (A) to (C),
inclusive, or any combination of parts from which a device defined in
subparagraphs (A) to (C), inclusive, can be readily assembled if
those parts are in the possession or under the control of the same
person.
   (2) As used in this section, a "short-barreled rifle" means any of
the following:
   (A) A rifle having a barrel or barrels of less than 16 inches in
length.
   (B) A rifle with an overall length of less than 26 inches.
   (C) Any weapon made from a rifle (whether by alteration,
modification, or otherwise) if that weapon as modified has an overall
length of less than 26 inches or a barrel or barrels of less than 16
inches in length.
   (D) Any device which may be readily restored to fire a fixed
cartridge which, when so restored, is a device defined in
subparagraphs (A) to (C), inclusive.
   (E) Any part, or combination of parts, designed and intended to
convert a device into a device defined in subparagraphs (A) to (C),
inclusive, or any combination of parts from which a device defined in
subparagraphs (A) to (C), inclusive, may be readily assembled if
those parts are in the possession or under the control of the same
person.
   (3) As used in this section, a "nunchaku" means an instrument
consisting of two or more sticks, clubs, bars or rods to be used as
handles, connected by a rope, cord, wire, or chain, in the design of
a weapon used in connection with the practice of a system of
self-defense such as karate.
   (4) As used in this section, a "wallet gun" means any firearm
mounted or enclosed in a case, resembling a wallet, designed to be or
capable of being carried in a pocket or purse, if the firearm may be
fired while mounted or enclosed in the case.
   (5) As used in this section, a "cane gun" means any firearm
mounted or enclosed in a stick, staff, rod, crutch, or similar
device, designed to be, or capable of being used as, an aid in
walking, if the firearm may be fired while mounted or enclosed
therein.
   (6) As used in this section, a "flechette dart" means a dart,
capable of being fired from a firearm, which measures approximately
one inch in length, with tail fins which take up five-sixteenths of
an inch of the body.
   (7) As used in this section, "metal knuckles" means any device or
instrument made wholly or partially of metal which is worn for
purposes of offense or defense in or on the hand and which either
protects the wearer's hand while striking a blow or increases the
force of impact from the blow or injury to the individual receiving
the blow.  The metal contained in the device may help support the
hand or fist, provide a shield to protect it, or consist of
projections or studs which would contact the individual receiving a
blow.
   (8) As used in this section, a "ballistic knife" means a device
that propels a knifelike blade as a projectile by means of a coil
spring, elastic material, or compressed gas.  Ballistic knife does
not include any device which propels an arrow or a bolt by means of
any common bow, compound bow, crossbow, or underwater spear gun.
   (9) As used in this section, a "camouflaging firearm container"
means a container which meets all of the following criteria:
   (A) It is designed and intended to enclose a firearm.
   (B) It is designed and intended to allow the firing of the
enclosed firearm by external controls while the firearm is in the
container.
   (C) It is not readily recognizable as containing a firearm.
   "Camouflaging firearm container" does not include any camouflaging
covering used while engaged in lawful hunting or while going to or
returning from a lawful hunting expedition.
   (10) As used in this section, a "zip gun" means any weapon or
device which meets all of the following criteria:
   (A) It was not imported as a firearm by an importer licensed
pursuant to Chapter 44 (commencing with Section 921) of Title 18 of
the United States Code and the regulations issued pursuant thereto.
   (B) It was not originally designed to be a firearm by a
manufacturer licensed pursuant to Chapter 44 (commencing with Section
921) of Title 18 of the United States Code and the regulations
issued pursuant thereto.
   (C) No tax was paid on the weapon or device nor was an exemption
from paying tax on that weapon or device granted under Section 4181
and subchapters F (commencing with Section 4216) and G (commencing
with Section 4221) of Chapter 32 of Title 26 of the United States
Code, as amended, and the regulations issued pursuant thereto.
   (D) It is made or altered to expel a projectile by the force of an
explosion or other form of combustion.
   (11) As used in this section, a "shuriken" means any instrument,
without handles, consisting of a metal plate having three or more
radiating points with one or more sharp edges and designed in the
shape of a polygon, trefoil, cross, star, diamond, or other geometric
shape for use as a weapon for throwing.
   (12) As used in this section, an "unconventional pistol" means a
firearm that does not have a rifled bore and has a barrel or barrels
of less than 18 inches in length or has an overall length of less
than 26 inches.
   (13) As used in this section, a "belt buckle knife" is a knife
which is made an integral part of a belt buckle and consists of a
blade with a length of at least 21/2 inches.
   (14) As used in this section, a "lipstick case knife" means a
knife enclosed within and made an integral part of a lipstick case.
   (15) As used in this section, a "cane sword" means a cane, swagger
stick, stick, staff, rod, pole, umbrella, or similar device, having
concealed within it a blade that may be used as a sword or stiletto.

   (16) As used in this section, a "shobi-zue" means a staff, crutch,
stick, rod, or pole concealing a knife or blade within it which may
be exposed by a flip of the wrist or by a mechanical action.
   (17) As used in this section, a "leaded cane" means a staff,
crutch, stick, rod, pole, or similar device, unnaturally weighted
with lead.
   (18) As used in this section, an "air gauge knife" means a device
that appears to be an air gauge but has concealed within it a
pointed, metallic shaft that is designed to be a stabbing instrument
which is exposed by mechanical action or gravity which locks into
place when extended.
   (19) As used in this section, a "writing pen knife" means a device
that appears to be a writing pen but has concealed within it a
pointed, metallic shaft that is designed to be a stabbing instrument
which is exposed by mechanical action or gravity which locks into
place when extended or the pointed, metallic shaft is exposed by the
removal of the cap or cover on the device.
   (20) As used in this section, a "rifle" means a weapon designed or
redesigned, made or remade, and intended to be fired from the
shoulder and designed or redesigned and made or remade to use the
energy of the explosive in a fixed cartridge to fire only a single
projectile through a rifled bore for each single pull of the trigger.

   (21) As used in this section, a "shotgun" means a weapon designed
or redesigned, made or remade, and intended to be fired from the
shoulder and designed or redesigned and made or remade to use the
energy of the explosive in a fixed shotgun shell to fire through a
smooth bore either a number of projectiles (ball shot) or a single
projectile for each pull of the trigger.
   (22) As used in this section, an "undetectable firearm" means any
weapon which meets one of the following requirements:
   (A) When, after removal of grips, stocks, and magazines, it is not
as detectable as the Security Exemplar, by walk-through metal
detectors calibrated and operated to detect the Security Exemplar.
   (B) When any major component of which, when subjected to
inspection by the types of X-ray machines commonly used at airports,
does not generate an image that accurately depicts the shape of the
component.  Barium sulfate or other compounds may be used in the
fabrication of the component.
   (C) For purposes of this paragraph, the terms "firearm," "major
component," and "Security Exemplar" have the same meanings as those
terms are defined in Section 922 of Title 18 of the United States
Code.
   All firearm detection equipment newly installed in nonfederal
public buildings in this state shall be of a type identified by
either the United States Attorney General, the Secretary of
Transportation, or the Secretary of the Treasury, as appropriate, as
available state-of-the-art equipment capable of detecting an
undetectable firearm, as defined, while distinguishing innocuous
metal objects likely to be carried on one's person sufficient for
reasonable passage of the public.
   (23) As used in this section, a "multiburst trigger activator"
means one of the following devices:
   (A)  A device designed or redesigned to be attached to a
semiautomatic firearm which allows the firearm to discharge two or
more shots in a burst by activating the device.
   (B) A manual or power-driven trigger activating device constructed
and designed so that when attached to a semiautomatic firearm it
increases the rate of fire of that firearm.
   (24) As used in this section, a "dirk" or "dagger" means a knife
or other instrument with or without a handguard that is capable of
ready use as a stabbing weapon that may inflict great bodily injury
or death.  A nonlocking folding knife, a folding knife that is not
prohibited by Section 653k, or a pocketknife is capable of ready use
as a stabbing weapon that may inflict great bodily injury or death
only if the blade of the knife is exposed and locked into position.

   (25) As used in this section, "large-capacity magazine" means any
ammunition feeding device with the capacity to accept 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. 
   (d) Knives carried in sheaths which are worn openly suspended from
the waist of the wearer are not concealed within the meaning of this
section.
  SEC. 2.  Section 12022 of the Penal Code is amended to read:
   12022.  (a) (1) Except as provided in subdivisions (c) and (d),
any person who is armed with a firearm in the commission or attempted
commission of a felony shall, upon conviction of that felony or
attempted felony, in addition and consecutive to the punishment
prescribed for the felony or attempted felony of which he or she has
been convicted, be punished by an additional term of one year, unless
the arming is an element of the offense of which he or she was
convicted.  This additional term shall apply to any person who is a
principal in the commission or attempted commission of a felony if
one or more of the principals is armed with a firearm, whether or not
the person is personally armed with a firearm.
   (2) Except as provided in subdivision (c), and notwithstanding
subdivision (d), if the firearm is an assault weapon, as defined in
Section 12276,  a large-capacity firearm, as defined in
subdivision (g),  or a machinegun, as defined in Section 12200,
the additional term described in this subdivision shall be three
years whether or not the arming is an element of the offense of which
he or she was convicted.  The additional term provided in this
paragraph shall apply to any person who is a principal in the
commission or attempted commission of a felony if one or more of the
principals is armed with an assault weapon  , large-capacity
firearm, as defined in subdivision (g),  or machinegun whether
or not the person is personally armed with an assault weapon  ,
large-capacity firearm, as defined in subdivision (g),  or
machinegun.
   (b) (1) Any person who personally uses a deadly or dangerous
weapon in the commission or attempted commission of a felony shall,
upon conviction of that felony or attempted felony, in addition and
consecutive to the punishment prescribed for the felony or attempted
felony of which he or she has been convicted, be punished by an
additional term of one year, unless use of a deadly or dangerous
weapon is an element of the offense of which he or she was convicted.

   (2) If the person described in paragraph (1) has been convicted of
carjacking or attempted carjacking, the additional term shall be
one, two, or three years.
   (3) When a person is found to have personally used a deadly or
dangerous weapon in the commission or attempted commission of a
felony as provided in this subdivision and the weapon is owned by
that person, the court shall order that the weapon be deemed a
nuisance and disposed of in the manner provided in Section 12028.
   (c) Notwithstanding the enhancement set forth in subdivision (a),
any person who is personally armed with a firearm in the commission
or attempted commission of a violation of Section 11351, 11351.5,
11352, 11366.5, 11366.6, 11378, 11378.5, 11379, 11379.5, or 11379.6
of the Health and Safety Code, shall, upon conviction of that offense
and in addition and consecutive to the punishment prescribed for
that offense of which he or she has been convicted, be punished by an
additional term of imprisonment in the state prison for three, four,
or five years in the court's discretion.  The court shall order the
middle term unless there are circumstances in aggravation or
mitigation.  The court shall state the reasons for its enhancement
choice on the record at the time of the sentence.
   (d) Notwithstanding the enhancement set forth in subdivision (a),
any person who is not personally armed with a firearm who, knowing
that another principal is personally armed with a firearm, is a
principal in the commission or attempted commission of an offense
specified in subdivision (c), shall, upon conviction of that offense,
be punished by an additional term of one, two, or three years in the
court's discretion.  The court shall order the middle term unless
there are circumstances in aggravation or mitigation.  The court
shall state the reasons for its enhancement choice on the record at
the time of the sentence.
   (e) For purposes of imposing an enhancement under Section 1170.1,
the enhancements under this section shall count as one, single
enhancement.
   (f) Notwithstanding any other provision of law, the court may
strike the additional punishment for the enhancements provided in
subdivision (c) or (d) in an unusual case where the interests of
justice would best be served, if the court specifies on the record
and enters into the minutes the circumstances indicating that the
interests of justice would best be served by that disposition.  
       (g) As used in this section, "large-capacity firearm" means
any of the following:
   (1) A semiautomatic rifle that has a magazine with the capacity to
accept more than 10 rounds attached to it.
   (2) A semiautomatic pistol that has a magazine with the capacity
to accept more than 10 rounds attached to it.
   (3) A semiautomatic shotgun that has the capacity to accept a
detachable magazine.
   (h) As used in this section, the following definitions shall
apply:
   (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. 
  SEC. 3.  Section 12022.5 of the Penal Code is amended to read:
   12022.5.  (a) (1) Except as provided in subdivisions (b) and (c),
any person who personally uses a firearm in the commission or
attempted commission of a felony shall, upon conviction of that
felony or attempted felony, in addition and consecutive to the
punishment prescribed for the felony or attempted felony of which he
or she has been convicted, be punished by an additional term of
imprisonment in the state prison for 3, 4, or 10 years, unless use of
a firearm is an element of the offense of which he or she was
convicted.
   (2) If the person described in paragraph (1) has been convicted of
carjacking or attempted carjacking, the additional term shall be 4,
5, or 10 years.  The court shall order imposition of the middle term
unless there are circumstances in aggravation or mitigation.  The
court shall state its reasons for its enhancement choice on the
record at the time of sentencing.
   (b) (1) Notwithstanding subdivision (a), any person who is
convicted of a felony or an attempt to commit a felony, including
murder or attempted murder, in which that person discharged a firearm
at an occupied motor vehicle which caused great bodily injury or
death to the person of another, shall, upon conviction of that felony
or attempted felony, in addition and consecutive to the sentence
prescribed for the felony or attempted felony, be punished by an
additional term of imprisonment in the state prison for 5, 6, or 10
years.
   (2) Notwithstanding subdivision (a), any person who personally
uses an assault weapon, as specified in Section 12276, 
large-capacity firearm, as defined in subdivision (g),  or a
machinegun, as defined in Section 12200, in the commission or
attempted commission of a felony, shall, upon conviction of that
felony or attempted felony, in addition and consecutive to the
sentence prescribed for the felony or attempted felony, be punished
by an additional term of imprisonment in the state prison for 5, 6,
or 10 years.
   (c) Notwithstanding the enhancement set forth in subdivision (a),
any person who personally uses a firearm in the commission or
attempted commission of a violation of Section 11351, 11351.5, 11352,
11366.5, 11366.6, 11378, 11378.5, 11379, 11379.5, or 11379.6 of the
Health and Safety Code, shall, upon conviction of that offense and in
addition and consecutive to the punishment prescribed for the
offense of which he or she has been convicted, be punished by an
additional term of imprisonment in the state prison for 3, 4, or 10
years in the court's discretion.  The court shall order the
imposition of the middle term unless there are circumstances in
aggravation or mitigation.  The court shall state the reasons for its
enhancement choice on the record.
   (d) The additional term provided by this section may be imposed in
cases of assault with a firearm under paragraph (2) of subdivision
(a) of Section 245, or assault with a deadly weapon which is a
firearm under Section 245, or murder if the killing was perpetrated
by means of shooting a firearm from a motor vehicle, intentionally at
another person outside of the vehicle with the intent to inflict
great bodily injury or death.
   (e) When a person is found to have personally used a firearm, an
assault weapon, or a machinegun in the commission or attempted
commission of a felony as provided in this section and the firearm,
assault weapon, or machinegun is owned by that person, the court
shall order that the firearm be deemed a nuisance and disposed of in
the manner provided in Section 12028.
   (f) For purposes of imposing an enhancement under Section 1170.1,
the enhancements under this section shall count as one, single
enhancement.  
   (g) As used in this section, "large-capacity firearm" means any of
the following:
   (1) A semiautomatic rifle that has a magazine with the capacity to
accept more than 10 rounds attached to it.
   (2) A semiautomatic pistol that has a detachable magazine with the
capacity to accept more than 10 rounds attached to it.
   (3) A semiautomatic shotgun that has the capacity to accept a
detachable magazine.
   (h) As used in this section, the following definitions shall
apply:
   (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. 
  SEC. 4.  Section 12276.1 is added to the Penal Code, 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 conspicuously protruding pistol grip.
   (B) A thumbhole stock.
   (C) A vertical handgrip.
   (D) A folding or telescoping stock.
   (E) A grenade launcher.
   (F) A threaded barrel.
   (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.
   (B) A second vertical handgrip.
   (C) A shroud that is attached to, or partially or completely
encircles the barrel, 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 conspicuously protruding pistol grip, 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) This section shall become operative on January 1, 2000.
   (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.
  SEC. 5.  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
 subject to this chapter   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 by a preponderance of evidence 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.  
   (d)  
   (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 Department of Corrections, the Department of the California
Highway Patrol, district attorneys' offices, or the military or naval
forces of this state or of the United States for use in the
discharge of their official duties; nor shall anything in this
chapter prohibit the possession or use of assault weapons by sworn
members of these agencies when on duty  and the use is within
the scope of their duties   , whether the officer is on
or off duty, or the possession by an individual who is retired from
service with a law enforcement agency and who is not otherwise
prohibited from possessing an assault weapon transferred to the
individual by the agency upon his or her retirement  .  

   (e)  
   (g)  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,  or  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,  or prior
to the date it was   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.

   (f)  
   (h)  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  (d) 
 (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.  
   (g)  
   (i)  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 which is disposed of as
authorized by the probate court, if the disposition is otherwise
permitted by this chapter.  
   (h)  
   (j)  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, 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.  
   (i)  
   (k)  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 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).  
   (j)  
   (l)  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 (i).  
   (k)  
   (m)  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.  
   (l)  
   (n)  As used in this chapter, the date a firearm is 
"specified as  an assault  weapon"  
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. 6.  Section 12285 of the Penal Code is amended to read:
   12285.  (a) Any person who lawfully possesses an assault weapon,
as defined in Section 12276, prior to June 1, 1989, shall register
the firearm by January 1, 1991, and any person who lawfully possessed
an assault weapon prior to the date it was specified as an assault
weapon pursuant to Section 12276.5 shall register the firearm within
90 days, with the Department of Justice pursuant to those procedures
that the department may establish.   Except as provided in
subdivision (d) of Section 12280, any person who lawfully possessed
an assault weapon prior to the date it was defined as an assault
weapon pursuant to Section 12276.1, and which was not specified as an
assault weapon under Section 12276 or 12276.5, shall register the
firearm within one year of the effective date of Section 12276.1,
with the department pursuant to those procedures that the department
may establish.   The registration shall contain a description of
the firearm that identifies it uniquely, including all
identification marks, the full name, address, date of birth, and
thumbprint of the owner, and any other information that the
department may deem appropriate.  The department may charge a fee for
registration of up to twenty dollars ($20) per person but not to
exceed the actual processing costs of the department.  After the
department establishes fees sufficient to reimburse the department
for processing costs, fees charged shall increase at a rate not to
exceed the legislatively approved annual cost-of-living adjustment
for the department's budget or as otherwise increased through the
Budget Act.
   (b) (1) Except as provided in paragraph (2), no assault weapon
possessed pursuant to this section may be sold or transferred on or
after January 1, 1990, to anyone within this state other than to a
licensed gun dealer, as defined in subdivision (c) of Section 12290,
or as provided in Section 12288.  Any person who (A) obtains title to
an assault weapon registered under this section by bequest or
intestate succession, or (B) lawfully possessed a firearm
subsequently declared to be an assault weapon pursuant to Section
12276.5,  or subsequently defined as an assault weapon pursuant
to Section 12276.1,  shall, within 90 days, render the weapon
permanently inoperable, sell the weapon to a licensed gun dealer,
obtain a permit from the Department of Justice in the same manner as
specified in Article 3 (commencing with Section 12230) of Chapter 2,
or remove the weapon from this state.  A person who lawfully
possessed a firearm that was subsequently declared to be an assault
weapon pursuant to Section 12276.5 may alternatively register the
firearm within 90 days of the declaration issued pursuant to
subdivision (f) of Section 12276.5.
   (2) A person moving into this state, otherwise in lawful
possession of an assault weapon, shall do one of the following:
   (A) Prior to bringing the assault weapon into this state, that
person shall first obtain a permit from the Department of Justice in
the same manner as specified in Article 3 (commencing with Section
12230) of Chapter 2.
   (B) The person shall cause the assault weapon to be delivered to a
licensed gun dealer, as defined in subdivision (c) of Section 12290,
in this state in accordance with Chapter 44 (commencing with Section
921) of Title 18 of the United States Code and the regulations
issued pursuant thereto.  If the person obtains a permit from the
Department of Justice in the same manner as specified in Article 3
(commencing with Section 12230) of Chapter 2, the dealer shall
redeliver that assault weapon to the person.  If the licensed gun
dealer, as defined in subdivision (c) of Section 12290, is prohibited
from delivering the assault weapon to a person pursuant to this
paragraph, the dealer shall possess or dispose of the assault weapon
as allowed by this chapter.
   (c) A person who has registered an assault weapon under this
section may possess it only under any of the following conditions
unless a permit allowing additional uses is first obtained under
Section 12286:
   (1) At that person's residence, place of business, or other
property owned by that person, or on property owned by another with
the owner's express permission.
   (2) 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.
   (3) While on a target range that holds a regulatory or business
license for the purpose of practicing shooting at that target range.

   (4) While on the premises of a shooting club which is licensed
pursuant to the Fish and Game Code.
   (5) While attending any exhibition, display, or educational
project which is about firearms and which 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.
   (6) While on publicly owned land if the possession and use of a
firearm described in Section 12276 is specifically permitted by the
managing agency of the land.
   (7) While transporting the assault weapon between any of the
places mentioned in this subdivision, or to any licensed gun dealer,
as defined in subdivision (c) of Section 12290, for servicing or
repair pursuant to subdivision (b) of Section 12290, if the assault
weapon is transported as required by Section 12026.1.
   (d) No person who is under the age of 18 years, no person who is
prohibited from possessing a firearm by Section 12021 or 12021.1, and
no person described in Section 8100 or 8103 of the Welfare and
Institutions Code may register or possess an assault weapon.
   (e) The department's registration procedures shall provide the
option of joint registration for assault weapons owned by family
members residing in the same household.
   (f) For 90 days following January 1, 1992, a forgiveness period
shall exist to allow persons specified in subdivision (b) of Section
12280 to register with the Department of Justice assault weapons that
they lawfully possessed prior to June 1, 1989.
   (g) Any person who registers his or her assault weapon during the
90-day forgiveness period described in subdivision (f), and any
person whose registration form was received by the Department of
Justice after January 1, 1991, and who was issued a temporary
registration prior to the end of the forgiveness period, shall not be
charged with a violation of subdivision (b) of Section 12280, if law
enforcement becomes aware of that violation only as a result of the
registration of the assault weapon.  This subdivision shall have no
effect upon persons charged with a violation of subdivision (b) of
Section 12280 of the Penal Code prior to January 1, 1992, provided
that law enforcement was aware of the violation before the weapon was
registered.
  SEC. 7.  Section 12289 of the Penal Code is amended to read:
   12289.   (a)  The Department of Justice shall conduct a
public education and notification program regarding the registration
of assault weapons  , including   and the
definition of the weapons set forth in Section 12276.1.  The public
education and notification program shall include  outreach to
local law enforcement agencies and utilization of public service
announcements in a variety of media approaches, to ensure maximum
publicity of the limited forgiveness period of the registration
requirement specified in subdivision (f) of Section 12285 and the
consequences of nonregistration.  The department shall develop
posters describing gunowners' responsibilities under this chapter
which shall be posted in a conspicuous place in every licensed gun
store in the state during the forgiveness period.
    (b)  Any costs incurred by the Department of Justice to
implement this section which cannot be absorbed by the department
shall be funded from the Dealers' Record of Sale Special Account, as
set forth in subdivision (d) of Section 12076, upon appropriation by
the Legislature.
  SEC. 8.  If any phrase, clause, sentence, section, or provision of
this act or application thereof is held invalid as to any person or
circumstance, such invalidity shall not affect any other phrase,
clause, sentence, section, provision, or application of this act,
that can be given effect without the invalid phrase, clause,
sentence, section, provision, or application and to this end the
provisions of the act are declared to be severable.
                       SEC. 9.  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.
   Notwithstanding Section 17580 of the Government Code, unless
otherwise specified, the provisions of this act shall become
operative on the same date that the act takes effect pursuant to the
California Constitution.                                 ____
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