BILL NUMBER: AB 1664 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MAY 31, 2016
INTRODUCED BY Assembly Members Levine
and Ting Levine, Ting,
and Chiu
( Coauthor: Assembly Member
Chiu Coauthors: Assembly Members
Bonta, Cristina Garcia, Gipson,
McCarty, Nazarian, and Santiago
)
( Coauthor: Senator Leno
)
JANUARY 14, 2016
An act to amend Sections 30515 and 30900 of, and to add Section
30680 to, the Penal Code, relating to firearms.
LEGISLATIVE COUNSEL'S DIGEST
AB 1664, as amended, Levine. Firearms: assault weapons.
(1) Existing law generally prohibits the possession or transfer of
assault weapons, except for the sale, purchase, importation, or
possession of assault weapons by specified individuals, including law
enforcement officers. Under existing law, "assault weapon" means,
among other things, a semiautomatic,
semiautomatic centerfire rifle or a semiautomatic pistol that
has the capacity to accept a detachable magazine and has any one of
specified attributes, including, for rifles, a thumbhole stock, and
for pistols, a second handgrip.
This bill would define "detachable magazine" to mean an ammunition
feeding device that can be removed readily from the firearm without
disassembly of the firearm action, including an ammunition feeding
device that can be removed readily from the firearm with the use of a
tool.
By expanding the definition of an existing crime, the bill would
impose a state-mandated local program.
(2) Existing law requires that any person who, within this state,
possesses an assault weapon, except as otherwise provided, be
punished as a felony or for a period not to exceed one year in a
county jail.
This bill would exempt from punishment under that provision a
person who initially possessed an assault weapon prior to January 1,
2017, and until July 1, 2018, if specified requirements are met.
(3) Existing law requires that, with specified exceptions, any
person who, prior to January 1, 2001, lawfully possessed an assault
weapon prior to the date it was defined as an assault weapon, and
which was not specified as an assault weapon at the time of lawful
possession, register the firearm with the Department of Justice.
Existing law permits the department to charge a fee for registration
of up to $20 per person but not to exceed the actual processing costs
of the department. Existing law, after the department establishes
fees sufficient to reimburse the department for processing costs,
requires fees charged to 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.
Existing law requires those fees to be deposited into the Dealers'
Record of Sale Special Account. Existing law, the Administrative
Procedure Act, establishes the requirements for the adoption,
publication, review, and implementation of regulations by state
agencies.
This bill would require that any person who, from January 1, 2001,
to December 31, 2016, inclusive, lawfully possessed an assault
weapon with an ammunition feeding device that can be removed readily
from the firearm without disassembly of the firearm action, including
a weapon with an ammunition feeding device that can be removed
readily from the firearm with the use of a tool, to register the
firearm with the department before July 1, 2018, but not before the
effective date of specified regulations. The bill would permit the
department to charge a registration fee not to exceed the reasonable
processing costs of the department. This bill would also require
registrations to be submitted electronically via the Internet
utilizing a public-facing application made available by the
department. This bill would require the registration to contain
specified information, including, but not limited to, a description
of the firearm that identifies it uniquely and specified information
about the registrant. The bill would require the department to adopt
regulations for the purpose of implementing these provisions and
would exempt those regulations from the Administrative Procedure Act.
This bill would also make technical and conforming changes.
(4) 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. It is the intent of the Legislature to effectuate the
intent of the Roberti-Roos Assault Weapons Control Act of 1989 and to
close the bullet button loophole by redefining "detachable magazine,"
as used in Section 30515 of the Penal Code, to include an ammunition
feeding device that can be readily removed from the firearm with the
use of a tool.
SEC. 2. 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, 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, semiautomatic
centerfire rifle that has a fixed magazine with the capacity to
accept more than 10 rounds.
(3) A semiautomatic, 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) For purposes of this section, "detachable magazine" means an
ammunition feeding device that can be removed readily from the
firearm without disassembly of the firearm action, including an
ammunition feeding device that can be removed readily from the
firearm with the use of a tool.
(c) 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 (d).
(d) "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 (c):
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 (c) 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.
SEC. 3. Section 30680 is added to the Penal Code, to read:
30680. Notwithstanding the meaning of "assault weapon" under
Section 30515, as amended by the act that added this section, Section
30605 shall not apply to the possession of an assault weapon by a
person who initially possessed the assault weapon prior to January 1,
2017, until July 1, 2018, if all of the following are applicable:
(a) During the person's possession, the person was eligible to
register that assault weapon pursuant to subdivision (b) of Section
30900.
(b) The person lawfully possessed that assault weapon prior to
January 1, 2017.
SEC. 4. Section 30900 of the Penal Code is amended to read:
30900. (a) (1) 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 a 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.
(2) Except as provided in Section 30600, any
a 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.
(3) 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.
(4) The department may charge a fee for registration of up to
twenty dollars ($20) per person but not to exceed the reasonable
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, but not to
exceed the reasonable processing costs of the department. The fees
shall be deposited into the Dealers' Record of Sale Special Account.
(b) (1) Any A person who, from
January 1, 2001, to December 31, 2016, inclusive, lawfully possessed
an assault weapon with an ammunition feeding device that can be
removed readily from the firearm without disassembly of the firearm
action, as defined in Section 30515, including those weapons with an
ammunition feeding device that can be removed readily from the
firearm with the use of a tool, shall register the firearm before
July 1, 2018, but not before the effective date of the regulations
adopted pursuant to paragraph (5), with the department pursuant to
those procedures that the department may establish by regulation
pursuant to paragraph (5).
(2) Registrations shall be submitted electronically via the
Internet utilizing a public-facing application made available by the
department.
(3) The registration shall contain a description of the firearm
that identifies it uniquely, including all identification marks, the
date the firearm was acquired, the name and address of the individual
from whom, or business from which, the firearm was acquired, as well
as the registrant's full name, address, telephone number, date of
birth, sex, height, weight, eye color, hair color, and California
driver's license number or California identification card number.
(4) The department may charge a fee of no more than the reasonable
processing costs of the department. The fee shall be paid by debit
or credit card at the time that the electronic registration is
submitted to the department. The fee shall be deposited in the
Dealers' Record of Sale Special Account.
(5) The department shall adopt regulations for the purpose of
implementing this subdivision. These regulations shall be exempt from
the Administrative Procedure Act.
SEC. 5. 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.