Bill Text: CA SB249 | 2011-2012 | Regular Session | Amended
Bill Title: Assault weapons.
Spectrum: Partisan Bill (Democrat 6-0)
Status: (Engrossed - Dead) 2012-08-16 - Hearing postponed by committee. [SB249 Detail]
Download: California-2011-SB249-Amended.html
BILL NUMBER: SB 249 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY AUGUST 7, 2012
AMENDED IN ASSEMBLY JUNE 27, 2012
AMENDED IN ASSEMBLY JUNE 21, 2012
AMENDED IN ASSEMBLY MAY 22, 2012
AMENDED IN ASSEMBLY JULY 14, 2011
AMENDED IN SENATE APRIL 25, 2011
INTRODUCED BY Senator Yee
( Principal coauthor: Senator
Steinberg )
( Coauthor: Senator
De León Coauthors: Senators De
León and Hancock )
( Coauthor: Assembly Member
Portantino Coauthors: Assembly
Members Feuer and Portantino )
FEBRUARY 10, 2011
An act to amend Section 31100 30515
of , to amend, repeal, and add Section 30800 of, and to add
Sections 30527 and 30618 to, the Penal Code, relating to
firearms.
LEGISLATIVE COUNSEL'S DIGEST
SB 249, as amended, Yee. Firearms: assault weapon
conversion kits. Assault weapons.
Existing law, with certain exceptions, prohibits the possession of
an assault weapon, as defined, and makes violations subject to
criminal penalties. Existing law defines a firearm as an assault
weapon, in part, based upon whether it has a detachable magazine.
This bill would define "detachable magazine" for this purpose to
mean any ammunition feeding device that can be removed from the
firearm without disassembly of the firearm action, and to include a
magazine that may be detached from the firearm by depressing a button
on the firearm either with the finger or by use of a tool or a
bullet. The bill would declare that these amendments are declaratory
of existing law, would direct the Attorney General to adopt
regulations, and would make these amendments operative July 1, 2013.
By expanding the definition of existing crimes, this bill would
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.
This bill would, commencing July 1, 2013, and with certain
exceptions, prohibit any person from importing, making, selling,
loaning, transferring, or possessing any conversion kit, as defined,
designed solely and exclusively to convert certain firearms with a
fixed magazine into firearms with the capacity to accept a detachable
magazine and other features making the firearm an assault weapon and
would make violations subject to criminal penalties. By creating new
crimes, this bill would impose a state-mandated local program.
Existing law makes possession of an assault weapon a public
nuisance, authorizes the Attorney General, district attorney, or city
attorney to bring a civil action to enjoin possession of the weapon,
authorizes imposition of a civil fine, and, with certain exceptions,
requires disposition of the weapon by sale at public auction or by
destruction.
This bill would, commencing July 1, 2013, make possession of a
conversion kit a public nuisance, would authorize a civil action to
enjoin possession of a conversion kit, would authorize imposition of
a civil fine, and, with certain exceptions, would, similarly, require
disposition of the conversion kit.
Existing law authorizes a person to arrange in advance to
relinquish an assault weapon to a police or sheriff's department.
This bill would authorize a person to arrange in advance to
relinquish a conversion kit to a police or sheriff's department.
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 30515 of the Penal
Code is amended to read:
30515. (a) Notwithstanding Section 30510, "assault weapon" also
means 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 the bearer's 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 from the definition of "assault weapon" pistols that are
designed expressly for use in Olympic target shooting events.
Therefore, 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
were used for Olympic target shooting purposes as of January 1,
2001, 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 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
(3) The Department of Justice shall create a program that is
consistent with the purposes stated in subdivision (b) to exempt new
models of competitive pistols that would otherwise fall within the
definition of "assault weapon" pursuant to this section from being
classified as an assault weapon. The exempt competitive pistols may
be based on recommendations by USA Shooting consistent with the
regulations contained in the USA Shooting Official Rules or may be
based on the recommendation or rules of any other organization that
the department deems relevant.
(d) (1) For the purposes of this section, "detachable magazine"
means any ammunition feeding device that can be removed from the
firearm without disassembly of the firearm action. "Detachable
magazine" includes, but is not limited to, a magazine that may be
detached from the firearm by depressing a button on the firearm
either with the finger or by use of a tool or a bullet.
(2) The Attorney General shall adopt those rules and regulations
that may be necessary or proper to carry out the purposes and intent
of this chapter.
(3) This subdivision shall become operative on July 1, 2013.
SEC. 2. The amendment of Section 30515 of the
Penal Code made by Section 1 of this act does not constitute a change
in, but is declaratory of, existing law.
SEC. 3. No reimbursement is required by this act
pursuant to Section 6 of Article XIII B 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 XIII B of the
California Constitution.
SECTION 1. Section 30527 is added to the Penal
Code, to read:
30527. (a) As used in this chapter a "conversion kit" means
any part that, when affixed to a firearm with a fixed magazine,
is designed solely and exclusively to convert that firearm into an
assault weapon as defined by one of the following:
(1) Paragraph (1) of subdivision (a) of Section 30515.
(2) Paragraph (4) of subdivision (a) of Section 30515.
(3) Paragraph (7) of subdivision (a) of Section 30515.
(b) This section shall become operative on July 1, 2013.
SEC. 2. Section 30618 is added to the Penal
Code, to read:
30618. (a) No person shall import into this state, make, sell,
loan, transfer, or possess a conversion kit.
(b) For purposes of this article, if more than one conversion kit
is involved in any violation of this article, there shall be a
distinct and separate offense for each violation.
(c) The provisions of this section are cumulative and shall not be
construed as restricting the application of any other law. However,
an act or omission punishable in different ways by different
provisions of law shall not be punished under more than one
provision.
(d) Subdivision (a) shall not apply to or affect any of the
following:
(1) The sale to, transfer to, or loan to, importation of, or
possession of a conversion kit by the Department of Justice, police
department, sheriffs' offices, marshals' offices, the Department of
Corrections and Rehabilitation, the Department of the California
Highway Patrol, district attorneys' offices, the Department of Fish
and Game, the Department of Parks and Recreation, or the military or
naval forces of this state or of the United States, or any federal
law enforcement agency for use in the discharge of their official
duties.
(2) The transfer by or loan by the entities listed in paragraph
(1) of a conversion kit to sworn peace officer members of those
agencies for law enforcement purposes.
(3) The possession of conversion kits by sworn peace officer
members of those agencies specified in paragraph (1) for law
enforcement purposes.
(4) The manufacture of, possession of, or importation of a
conversion kit by any person who is issued a permit pursuant to
Section 31005.
(5) The sale by, loan of, or transfer of a conversion kit by a
person who is issued a permit pursuant to Section 31005 to any of the
following:
(A) Exempt entities listed in paragraph (1).
(B) Entities and persons who have been issued permits pursuant to
Section 31005.
(C) Federal military and law enforcement agencies.
(D) Law enforcement and military agencies of other states.
(E) Foreign governments and agencies approved by the United States
State Department.
(6) A person who is the executor or administrator of an estate
that includes a conversion kit that is possessed in accordance with,
and disposed of as authorized by, the probate court, if the
disposition is otherwise permitted by this section.
(7) The possession of and sale or transfer of a conversion kit by
a person incident to relinquishing the conversion kit pursuant to
Section 31100.
(8) The transfer by a person authorized to possess a conversion
kit by this section to any licensed gun dealer for the purposes of
servicing or repair from any person who is legally entitled to
possess it pursuant to this section.
(9) The possession of a conversion kit by any licensed gun dealer
who received the conversion kit pursuant to paragraph (8).
(10) The transfer of possession of a conversion kit received by
any licensed gun dealer pursuant to paragraph (9) to a gunsmith for
purposes of accomplishing service or repair of that conversion kit. A
transfer is permissible only to the following persons:
(A) A gunsmith who is in the dealer's employ.
(B) A gunsmith with whom the dealer has contracted for gunsmithing
services.
(11) The transfer of possession of any conversion kit by any
person referred to in paragraph (10) to either the licensed gun
dealer from whom it was received or to a person otherwise referred to
in paragraph (10).
(12) The return of any conversion kit initially received by any
licensed gun dealer pursuant to this section to the person from whom
he or she received it if that recipient is legally entitled to
possess that conversion kit pursuant to this section.
(13) The possession of a conversion kit by the registered owner of
an assault weapon if the conversion kit is possessed at that person'
s residence, place of business, or other property owned by that
person.
(e) A violation of this section is punishable as follows:
(1) Where the person imports into this state, makes, sells, loans,
or transfers a conversion kit, that person shall be punished by a
fine of one thousand dollars ($1,000), imprisonment in a county jail
for a period not to exceed one year, or by both that fine and
imprisonment.
(2) In all cases not specified in paragraph (1), as a misdemeanor.
(f) This section shall become operative on July 1, 2013.
SEC. 3. Section 30800 of the Penal Code is
amended to read:
30800. (a) (1) Except as provided in Article 2 (commencing with
Section 30600), possession of any assault weapon or of any .50 BMG
rifle in violation of this chapter is a public nuisance, solely for
purposes of this section and subdivision (c) of Section 18005.
(2) The Attorney General, any district attorney, or any city
attorney, may, in lieu of criminal prosecution, bring a civil action
or reach a civil compromise in any superior court to enjoin the
possession of the assault weapon or .50 BMG rifle that is a public
nuisance.
(b) Upon motion of the Attorney General, district attorney, or
city attorney, a superior court may impose a civil fine not to exceed
three hundred dollars ($300) for the first assault weapon or .50 BMG
rifle deemed a public nuisance pursuant to subdivision (a) and up to
one hundred dollars ($100) for each additional assault weapon or .50
BMG rifle deemed a public nuisance pursuant to subdivision (a).
(c) Any assault weapon or .50 BMG rifle deemed a public nuisance
under subdivision (a) shall be destroyed in a manner so that it may
no longer be used, except upon a finding by a court, or a declaration
from the Department of Justice, district attorney, or city attorney
stating that the preservation of the assault weapon or .50 BMG rifle
is in the interest of justice.
(d) Upon conviction of any misdemeanor or felony involving the
illegal possession or use of an assault weapon, the assault weapon
shall be deemed a public nuisance and disposed of pursuant to
subdivision (c) of Section 18005.
(e) This section shall become inoperative on July 1, 2013, and, as
of January 1, 2014, is repealed, unless a later enacted statute,
that becomes operative on or before January 1, 2014, deletes or
extends the dates on which it becomes inoperative and is repealed.
SEC. 4. Section 30800 is added to the Penal
Code, to read:
30800. (a) (1) Except as provided in Article 2 (commencing with
Section 30600), possession of any assault weapon, any .50 BMG rifle,
or any conversion kit in violation of this chapter is a public
nuisance, solely for purposes of this section and subdivision (c) of
Section 18005.
(2) The Attorney General, any district attorney, or any city
attorney may, in lieu of criminal prosecution, bring a civil action
or reach a civil compromise in any superior court to enjoin the
possession of the assault weapon, .50 BMG rifle, or conversion kit
that is a public nuisance.
(b) (1) Upon motion of the Attorney General, district attorney, or
city attorney, a superior court may impose a civil fine not to
exceed three hundred dollars ($300) for the first assault weapon or .
50 BMG rifle deemed a public nuisance pursuant to subdivision (a) and
up to one hundred dollars ($100) for each additional assault weapon
or .50 BMG rifle deemed a public nuisance pursuant to subdivision
(a).
(2) Upon motion of the Attorney General, district attorney, or
city attorney, a superior court may impose a civil fine not to exceed
one hundred dollars ($100) for the first conversion kit deemed to be
a public nuisance pursuant to subdivision (a) and up to fifty
dollars ($50) for each additional conversion kit deemed to be a
public nuisance pursuant to subdivision (a).
(c) Any assault weapon, .50 BMG rifle, or conversion kit deemed a
public nuisance under subdivision (a) shall be destroyed in a manner
so that it may no longer be used, except upon a finding by a court,
or a declaration from the Department of Justice, district attorney,
or city attorney stating that the preservation of the assault weapon,
.50 BMG rifle, or conversion kit is in the interest of justice.
(d) Upon conviction of any misdemeanor or felony involving the
illegal possession or use of an assault weapon, the assault weapon
shall be deemed a public nuisance and disposed of pursuant to
subdivision (c) of Section 18005.
(e) Upon conviction of any misdemeanor involving the illegal
possession or use of a conversion kit, the conversion kit shall be
deemed a public nuisance and disposed of pursuant to subdivision (c)
of Section 18005.
(f) This section shall become operative on July 1, 2013.
SEC. 5. Section 31100 of the Penal Code is
amended to read:
31100. Any individual may arrange in advance to relinquish an
assault weapon, a .50 BMG rifle, or a conversion kit to a police or
sheriff's department. The assault weapon or .50 BMG rifle shall be
transported in accordance with Sections 16850 and 25610.
SEC. 6. No reimbursement is required by this
act pursuant to Section 6 of Article XIII B 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 XIII B of the
California Constitution.
