BILL NUMBER: AB 1663 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Chiu
(Coauthors: Assembly Members Levine and Ting)
JANUARY 14, 2016
An act to amend Sections 30515 and 30900 of, and to add Section
30902 to, the Penal Code, relating to firearms.
LEGISLATIVE COUNSEL'S DIGEST
AB 1663, as introduced, Chiu. Firearms: assault weapons.
Existing law regulates the sale, carrying, and control of
firearms, including assault weapons, and requires assault weapons to
be registered with the Department of Justice. Violation of these
provisions is a crime. Existing law defines a semiautomatic,
centerfire rifle that has the capacity to accept a detachable
magazine and other specified features and a semiautomatic weapon that
has a fixed magazine with a capacity to accept 10 or more rounds as
an assault weapon.
This bill would, instead, classify a semiautomatic centerfire
rifle that does not have a fixed magazine with the capacity to accept
no more than 10 rounds as an assault weapon. The bill would require
a person who, between January 1, 2001, and December 31, 2016,
inclusive, lawfully possessed an assault weapon that does not have a
fixed magazine, including those weapons with an ammunition feeding
device that can be removed readily from the firearm with the use of a
tool, and who, on or after January 1, 2017, possesses that firearm,
to register the firearm by July 1, 2018. By expanding the definition
of a crime, 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.
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)
(1) A semiautomatic,
semiautomatic centerfire rifle that has
does not have a fixed magazine with the capacity to accept
no more than 10 rounds.
(3)
(2) A semiautomatic, centerfire rifle that has an
overall length of less than 30 inches.
(4)
(3) 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)
(4) A semiautomatic pistol with a fixed magazine that
has the capacity to accept more than 10 rounds.
(6)
(5) 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)
(6) A semiautomatic shotgun that has the ability to
accept a detachable magazine.
(8)
(7) 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) For purposes of this section, the following definitions shall
apply:
(1) "Detachable magazine" means an ammunition feeding device that
can be removed readily from the firearm without disassembly of the
firearm action.
(2) "Fixed magazine" means an ammunition feeding device contained
in, or permanently attached to, a firearm in such a manner that the
device cannot be removed without disassembly of the firearm action.
SEC. 2. Section 30900 of the Penal Code is amended to read:
30900. (a) Any A person who, prior
to June 1, 1989, lawfully possessed an assault weapon, as defined in
former Section 12276, as added by Section 3 of Chapter 19 of the
Statutes of 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 former Section
12276.5, as added by Section 3 of Chapter 19 of the Statutes of 1989
or as amended by Section 1 of Chapter 874 of the Statutes of 1990 or
Section 3 of Chapter 954 of the Statutes of 1991, shall register the
firearm within 90 days with the Department of Justice pursuant to
those procedures that the department may establish.
(b) Except as provided in Section 30600, any person who lawfully
possessed an assault weapon prior to the date it was defined as an
assault weapon pursuant to former Section 12276.1, as it read in
Section 7 of Chapter 129 of the Statutes of 1999, and which was not
specified as an assault weapon under former Section 12276, as added
by Section 3 of Chapter 19 of the Statutes of 1989 or as amended at
any time before January 1, 2001, or former Section 12276.5, as added
by Section 3 of Chapter 19 of the Statutes of 1989 or as amended at
any time before January 1, 2001, shall register the firearm by
January 1, 2001, with the department pursuant to those procedures
that the department may establish.
(c) 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.
(d) The department may charge a fee for registration of up to
twenty dollars ($20) per person but not to exceed the actual
reasonable processing costs of the department.
After the department establishes fees sufficient to reimburse the
department for reasonable 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. reasonable processing costs. The
fees shall be deposited into the Dealers' Record of Sale Special
Account.
SEC. 3. Section 30902 is added to the Penal Code, to read:
30902. (a) Any person who, from January 1, 2001, to December 31,
2016, inclusive, lawfully acquired an assault weapon that does not
have a fixed magazine, as defined in Section 30515, and including
those weapons with an ammunition feeding device that can be removed
readily from the firearm with the use of a tool, and who, on or after
January 1, 2017, lawfully possesses that firearm, shall register the
firearm by July 1, 2018, with the department pursuant to procedures
determined by the department.
(b) Registrations shall be submitted either electronically, via
the Internet utilizing a public-facing application made available by
the department, or through a licensed firearms dealer.
(c) The registration shall contain a description of the firearm
that identifies it uniquely, including all identification marks, the
date that the firearm was acquired, the full name and address of the
individual from whom, or the business from which, the firearm was
acquired, the registrant's full name, address, telephone number, date
of birth, sex, height, weight, eye color, hair color, and California
driver's license or California identification card number.
(d) The department may charge a fee for registration not to exceed
fifteen dollars ($15) per person, and not to exceed the reasonable
processing costs of the department for registrations. The fee shall
be paid at the time of registration, and shall be deposited in the
Dealers' Record of Sale Special Account.
(e) The department shall adopt rules and regulations for the
purpose of implementing this subdivision. The regulations shall be
exempt from the Administrative Procedure Act.
(f) No individual shall be penalized for a violation of
subdivision (a) prior to July 1, 2018.
SEC. 4. 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.