SB 396, as amended, Hancock. Firearms: magazine capacity.
(1) Existing law,begin delete except as specified,end deletebegin insert for purposes pertaining to the ammunition capacity of certain assault weapons,end insert definesbegin delete capacityend deletebegin insert “capacityend insert to accept more than 10begin delete roundsend deletebegin insert roundsend insertbegin insert”end insert to mean
capable of accommodating more than 10 rounds, but specifies that this term does not apply to a feeding device that has been permanently altered so that it cannot accommodate more than 10 rounds.
This bill wouldbegin delete add that, to fall under the definition, the magazine body must only be of sufficient length to accommodate no more than 10 rounds of ammunition and the internal working parts of the magazine, including, but not limited to, the follower and spring.end deletebegin insert revise that definition to mean capable of holding more than 10 rounds, but not applying to a feeding device that has been permanently altered so that it cannot hold more than 10 rounds.end insert
(2) Existing law prohibits the sale, gift, and loan of a large-capacity magazine. Existing law defines “large-capacity magazine” to mean any ammunition feeding device with the capacity to accept more than 10 rounds, but provides that the definition may not be construed to include a feeding device that has been permanently altered so that it cannot accommodate more than 10 rounds.
end insertbegin insertThis bill would include within that definition of large-capacity magazine a feeding device that had a capacity of more than 10 rounds but has been permanently modified to hold no more than 10 rounds of ammunition, and would exclude from that definition a magazine that is only of sufficient length to hold no more than 10 rounds of ammunition.
end insert(2) Existing law, except as specified, makes it a misdemeanor or specified felony punishable by imprisonment in a county jail for any person in this state to manufacture or cause to be manufactured, import into the state, keep for sale, or offer or expose for sale, or give, or lend, any large-capacity magazine.
end deleteThis billbegin insert, commencing July 1, 2014,end insert would makebegin insert it an offensend insertbegin inserte forend insert any personbegin delete in this state who possessesend deletebegin insert to possessend insert any large-capacity magazine, regardless of the date the
magazine was acquired, punishable by imprisonment in a county jail not exceeding one year.begin insert The bill would authorize various methods by which a person in lawful possession of a large-capacity magazine may dispose of the magazine prior to the July 1, 2014, prohibition on possession.end insert
(3) Existing law creates various exceptions to that crime, which include, but are not limited to, the sale of, giving of, lending of, importation into this state of, or purchase of, any large-capacity magazine to or by any federal, state, county, city and county, or city agency that is charged with the enforcement of any law, for use by agency employees in the discharge of their official duties, whether on or off duty, and where the use is authorized by the agency and is within the course and scope of their duties.
end insertbegin insertThis bill would make conforming changes by adding possession to those provisions.
end insertBy creating a new 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 16350 of the Penal Code is amended to
2read:
(a) As used in Section 30515, “capacity to accept more
4than 10 rounds” means capable of accommodating more than 10
5rounds.
6(b) The term defined in subdivision (a) does not apply to a
7feeding device that has been permanently altered so that it cannot
8accommodate more than 10 rounds or to a magazine body that is
9only of sufficient length to accommodate up to 10 rounds of
10ammunition and the internal working
parts of the magazine,
11including, but not limited to, the follower and spring.
begin insertSection 16350 of the end insertbegin insertPenal Codeend insertbegin insert is amended to
13read:end insert
As used in Section 30515, “capacity to accept more
15than 10 rounds” means capable ofbegin delete accommodatingend deletebegin insert holdingend insert more
16than 10 rounds. The term does not apply to a feeding device that
17has been permanently altered so that it cannotbegin delete accommodateend deletebegin insert holdend insert
18 more than 10 rounds.
begin insertSection 16740 of the end insertbegin insertPenal Codeend insertbegin insert is amended to read:end insert
begin insert(a)end insertbegin insert end insert As used in this part, “large-capacity magazine”
21means any ammunition feeding device with the capacity to accept
22more than 10begin delete rounds, but shall not be construed to include any of begin insert rounds. As used in this part, “large-capacity
23the following:end delete
24magazine” also includes a feeding device that had a capacity of
25more than 10 rounds but has been permanently modified to hold
26no more than 10 rounds of ammunition.end insert
27(b) As used in this part, “large-capacity magazine” does not
28include any of the following:
29(1) A magazine that is only of sufficient length to hold no more
30than 10 rounds of ammunition.
31(2) A .22 caliber tube ammunition feeding device.
end insertbegin insert
32(3) A tubular magazine that is contained in a lever-action
33firearm.
34(a) A feeding device that has been permanently altered so that
35it cannot accommodate more than 10 rounds.
36(b) A .22 caliber tube ammunition feeding device.
37(c) A tubular magazine that is contained in a lever-action
38firearm.
Section 32310 of the Penal Code is amended to read:
begin insert(a)end insertbegin insert end insertExcept as provided in Article 2 (commencing with
2Section 32400) of this chapter and in Chapter 1 (commencing with
3Section 17700) of Division 2 of Title 2, any person in this state
4who manufactures or causes to be manufactured, imports into the
5state, keeps for sale, or offers or exposes for sale, or who gives,
6or lends, orbegin insert, commencing July 1, 2014,end insert possess any large-capacity
7magazine, regardless of the date the magazine was acquired, is
8punishable by imprisonment in a county jail not exceeding one
9year or imprisonment pursuant to subdivision (h) of
Section 1170.
10(b) Any person who, prior to July 1, 2014, legally possesses a
11large-capacity magazine shall dispose of that magazine by any of
12the following means:
13(1) Remove the large-capacity magazine from the state.
end insertbegin insert
14(2) Prior to July 1, 2014, sell the large-capacity magazine to a
15licensed firearms dealer.
16(3) Destroy the large-capacity magazine.
end insertbegin insert
17(4) Surrender the large-capacity magazine to a law enforcement
18agency for destruction.
begin insertSection 32400 of the end insertbegin insertPenal Codeend insertbegin insert is amended to read:end insert
Section 32310 does not apply to the sale of, giving of,
21lending of,begin insert possession of,end insert importation into this state of, or purchase
22of, any large-capacity magazine to or by any federal, state, county,
23city and county, or city agency that is charged with the enforcement
24of any law, for use by agency employees in the discharge of their
25official duties, whether on or off duty, and where the use is
26authorized by the agency and is within the course and scope of
27their duties.
begin insertSection 32405 of the end insertbegin insertPenal Codeend insertbegin insert is amended to read:end insert
Section 32310 does not apply to the sale to, lending to,
30transfer to, purchase by, receipt of,begin insert possession of,end insert or importation
31into this state of, a large-capacity magazine by a sworn peace
32officer, as defined in Chapter 4.5 (commencing with Section 830)
33of Title 3 of Part 2, who is authorized to carry a firearm in the
34course and scope of that officer’s duties.
begin insertSection 32435 of the end insertbegin insertPenal Codeend insertbegin insert is amended to read:end insert
Section 32310 does not apply to any of the following:
37(a) The sale of, giving of, lending of,begin insert possession of,end insert importation
38into this state of, or purchase of, any large-capacity magazine, to
39or by any entity that operates an armored vehicle business pursuant
40to the laws of this state.
P5 1(b) The lendingbegin insert and possessionend insert of large-capacity magazines by
2an entity specified in subdivision (a) to its authorized employees,
3while in the course and scope of employment for purposes that
4pertain to the entity’s armored
vehicle business.
5(c) The return of those large-capacity magazines to the entity
6specified in subdivision (a) by those employees specified in
7subdivision (b).
No reimbursement is required by this act pursuant to
10Section 6 of Article XIII B of the California Constitution because
11the only costs that may be incurred by a local agency or school
12district will be incurred because this act creates a new crime or
13infraction, eliminates a crime or infraction, or changes the penalty
14for a crime or infraction, within the meaning of Section 17556 of
15the Government Code, or changes the definition of a crime within
16the meaning of Section 6 of Article XIII B of the California
17Constitution.
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