SB 396, as amended, Hancock. Firearms: magazine capacity.
(1) Existing law, for purposes pertaining to the ammunition capacity of certain assault weapons, defines “capacity to accept more than 10 rounds” 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 would 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.
(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.
This 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.
This bill, commencing July 1, 2014, would make it an offense for any person to possess any large-capacity magazine, regardless of the date the magazine was acquired, punishable by imprisonment in a county jail not exceeding one year. 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.
(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 bybegin insert the holder of a special weapons permit for use as a prop for a motion picture, orend insert 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.
This bill would make conforming changes by adding possession to those provisions.
By 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:
As used in Section 30515, “capacity to accept more
4than 10 rounds” means capable of holding more than 10 rounds.
5The term does not apply to a feeding device that has been
6permanently altered so that it cannot hold more than 10 rounds.
Section 16740 of the Penal Code is amended to read:
(a) As used in this part, “large-capacity magazine”
2means any ammunition feeding device with the capacity to accept
3more than 10 rounds. As used in this part, “large-capacity
4magazine” also includes a feeding device that had a capacity of
5more than 10 rounds but has been permanently modified to hold
6no more than 10 rounds of ammunition.
7(b) As used in this part, “large-capacity magazine” does not
8include any of the following:
9(1) A magazine that is only of sufficient length to hold no more
10than 10 rounds of ammunition.
11(2) A .22 caliber tube ammunition feeding device.
12(3) A tubular magazine that is contained in a lever-action
13firearm.
Section 32310 of the Penal Code is amended to read:
(a) Except as provided in Article 2 (commencing with
16Section 32400) of this chapter and in Chapter 1 (commencing with
17Section 17700) of Division 2 of Title 2, any person in this state
18who manufactures or causes to be manufactured, imports into the
19state, keeps for sale, or offers or exposes for sale, or who gives,
20or lends, or, commencing July 1, 2014, possess any large-capacity
21magazine, regardless of the date the magazine was acquired, is
22punishable by imprisonment in a county jail not exceeding one
23year or imprisonment pursuant to subdivision (h) of Section 1170.
24(b) Any person who, prior to July 1, 2014, legally possesses a
25large-capacity magazine shall dispose of that magazine by any of
26
the following means:
27(1) Remove the large-capacity magazine from the state.
28(2) Prior to July 1, 2014, sell the large-capacity magazine to a
29licensed firearms dealer.
30(3) Destroy the large-capacity magazine.
31(4) Surrender the large-capacity magazine to a law enforcement
32agency for destruction.
Section 32400 of the Penal Code is amended to read:
Section 32310 does not apply to the sale of, giving of,
35lending of, possession of, importation into this state of, or purchase
36of, any large-capacity magazine to or by any federal, state, county,
37city and county, or city agency that is charged with the enforcement
38of any law, for use by agency employees in the discharge of their
39official duties, whether on or off duty, and where the use is
P4 1authorized by the agency and is within the course and scope of
2their duties.
Section 32405 of the Penal Code is amended to read:
Section 32310 does not apply to the sale to, lending to,
5transfer to, purchase by, receipt of, possession of, or importation
6into this state of, a large-capacity magazine by a sworn peace
7officer, as defined in Chapter 4.5 (commencing with Section 830)
8of Title 3 of Part 2, who is authorized to carry a firearm in the
9course and scope of that officer’s duties.
Section 32435 of the Penal Code is amended to read:
Section 32310 does not apply to any of the following:
12(a) The sale of, giving of, lending of, possession of, importation
13into this state of, or purchase of, any large-capacity magazine, to
14or by any entity that operates an armored vehicle business pursuant
15to the laws of this state.
16(b) The lending and possession of large-capacity magazines by
17an entity specified in subdivision (a) to its authorized employees,
18while in the course and scope of employment for purposes that
19pertain to the entity’s armored vehicle business.
20(c) The return of those large-capacity magazines to the entity
21specified
in subdivision (a) by those employees specified in
22subdivision (b).
begin insertSection 32450 of the end insertbegin insertPenal Codeend insertbegin insert is amended to read:end insert
Section 32310 does not apply to the purchasebegin insert or
25possessionend insert of a large-capacity magazine by the holder of a special
26weapons permit issued pursuant to Section 31000, 32650, or 33300,
27or pursuant to Article 3 (commencing with Section 18900) of
28Chapter 1 of Division 5 of Title 2, or pursuant to Article 4
29(commencing with Section 32700) of Chapter 6 of this division,
30for any of the following purposes:
31(a) For use solely as a prop for a motion picture, television, or
32video production.
33(b) For export pursuant to federal regulations.
34(c) For resale to law
enforcement agencies, government
35agencies, or the military, pursuant to applicable federal regulations.
No reimbursement is required by this act pursuant to
38Section 6 of Article XIII B of the California Constitution because
39the only costs that may be incurred by a local agency or school
40district will be incurred because this act creates a new crime or
P5 1infraction, eliminates a crime or infraction, or changes the penalty
2for a crime or infraction, within the meaning of Section 17556 of
3the Government Code, or changes the definition of a crime within
4the meaning of Section 6 of Article XIII B of the California
5Constitution.
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