BILL NUMBER: SB 776 AMENDED
BILL TEXT
AMENDED IN SENATE APRIL 15, 2009
INTRODUCED BY Senator Hancock
( Principal coauthor: Assembly Member
Swanson )
FEBRUARY 27, 2009
An act to amend Section 8090 of Secti
ons 11106, 12020, and 12079 of, and to add Section 12044
to, the Penal Code, relating to punishment
firearms .
LEGISLATIVE COUNSEL'S DIGEST
SB 776, as amended, Hancock. Punishment: community-based
punishment programs. Firearms: large-capacity
magazines.
Existing law requires the Department of Justice to maintain
certain information related to firearms transactions.
This bill would extend those provisions to information concerning
the registration of large-capacity magazines, as specified.
Existing provides that commencing January 1, 2000, and subject to
exceptions, any person who manufacturers or causes to be
manufactured, imports into the state, keeps for sale, or offers or
exposes for sale, or who gives, or lends any large-capacity magazine
is guilty of an offense.
This bill would, commencing January 1, 2011, and subject to
specified exceptions, prohibit the possession of large-capacity
magazines. Violation of these provisions would be punishable by
imprisonment in a county jail not exceeding one year.
By creating a new crime, this bill would impose a state-mandated
local program.
This bill would, commencing January 1, 2011, and subject to
exceptions, require registration of large-capacity magazines with the
Department of Justice. The bill would require registration of
large-capacity magazines no later than January 1, 2011, for magazines
that are already possessed, as specified, and would provide that
large-capacity magazines acquired after January 1, 2011, be
registered within 30 days of taking possession. The bill would
establish exceptions to these provisions. The bill would require
local and state entities to register their large-capacity magazines
as institutionally owned, as specified, and would require those
entities to report to the department the disposition of
large-capacity magazines by those entities that constitute a
nuisance, as specified. The bill would authorize the Department of
Justice to charge a fee, not to exceed $20, for registration of
large-capacity magazines, and would authorize increases in that fee,
as specified. The bill would exempt local and state entities from
that registration fee.
By imposing additional duties on local governments in connection
with the registration of large-capacity magazines and the disposition
of large-capacity magazines that are a nuisance, this bill would
impose a state-mandated local program.
Existing law authorizes the Department of Justice to issue a
permit to a licensed firearms dealer for the purpose of transporting,
possessing, and selling a large-capacity magazine to an out-of-state
purchaser.
This bill would require the registration of large-capacity
magazines that are subject to those provisions, and notification to
the department of the identity of the purchaser, as specified
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 with regard to certain mandates no
reimbursement is required by this act for a specified reason.
With regard to any other mandates, this bill would provide that,
if the Commission on State Mandates determines that the bill contains
costs so mandated by the state, reimbursement for those costs shall
be made pursuant to the statutory provisions noted above.
Existing law, the Community-Based Punishment Act, establishes the
state's community-based punishment plan. Existing law provides that
the act shall be administered by the Corrections Standards Authority.
Existing law provides that implementation of these provisions is
contingent upon the availability of funding and that funding for
community-based programs shall be administered by the authority from
funds appropriated by the Legislature or from a variety of sources,
including federal funds for community-based punishment programs.
This bill would allow the use of federal funds that are not
designated for community-based programs.
Vote: majority. Appropriation: no. Fiscal committee: no
yes . State-mandated local program: no
yes .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 11106 of the Penal
Code is amended to read:
11106. (a) In order to assist in the investigation of crime, the
prosecution of civil actions by city attorneys pursuant to paragraph
(3) of subdivision (c), the arrest and prosecution of criminals, and
the recovery of lost, stolen, or found property, the Attorney General
shall keep and properly file a complete record of all copies of
fingerprints, copies of licenses to carry firearms issued pursuant to
Section 12050, information reported to the Department of Justice
pursuant to Section 12053, information reported to the
Department of Justice pursuant to Section 12044 or 12079,
dealers' records of sales of firearms, reports provided pursuant to
Section 12072 or 12078, forms provided pursuant to Section 12084, as
that section read prior to being repealed by the act that amended
this section, reports provided pursuant to Section 12071 that are not
dealers' records of sales of firearms, and reports of stolen, lost,
found, pledged, or pawned property in any city or county of this
state, and shall, upon proper application therefor, furnish this
information to the officers referred to in Section 11105.
(b) (1) Except as provided in subdivision (d), the Attorney
General shall not retain or compile any information from reports
filed pursuant to subdivision (a) of Section 12078 for firearms that
are not handguns, from forms submitted pursuant to Section 12084, as
that section read prior to being repealed by the act that amended
this section, for firearms that are not handguns, or from dealers'
records of sales for firearms that are not handguns. All copies of
the forms submitted, or any information received in electronic form,
pursuant to Section 12084, as that section read prior to being
repealed by the act that amended this section, for firearms that are
not handguns, or of the dealers' records of sales for firearms that
are not handguns shall be destroyed within five days of the clearance
by the Attorney General, unless the purchaser or transferor is
ineligible to take possession of the firearm. All copies of the
reports filed, or any information received in electronic form,
pursuant to subdivision (a) of Section 12078 for firearms that are
not handguns shall be destroyed within five days of the receipt by
the Attorney General, unless retention is necessary for use in a
criminal prosecution.
(2) A peace officer, the Attorney General, a Department of Justice
employee designated by the Attorney General, or any authorized local
law enforcement employee shall not retain or compile any information
from a firearms transaction record, as defined in paragraph (5) of
subdivision (c) of Section 12071, for firearms that are not handguns
unless retention or compilation is necessary for use in a criminal
prosecution or in a proceeding to revoke a license issued pursuant to
Section 12071.
(3) A violation of this subdivision is a misdemeanor.
(c) (1) The Attorney General shall permanently keep and properly
file and maintain all information reported to the Department of
Justice pursuant to Sections 12071, 12072, 12078, 12082, and former
Section 12084 or any other law, as to handguns and maintain a
registry thereof.
(2) The registry shall consist of all of the following:
(A) The name, address, identification of, place of birth (state or
country), complete telephone number, occupation, sex, description,
and all legal names and aliases ever used by the owner or person
being loaned the particular handgun as listed on the information
provided to the department on the Dealers' Record of Sale, the Law
Enforcement Firearms Transfer (LEFT), as defined in former Section
12084, or reports made to the department pursuant to Section 12078 or
any other law.
(B) The name and address of, and other information about, any
person (whether a dealer or a private party) from whom the owner
acquired or the person being loaned the particular handgun and when
the firearm was acquired or loaned as listed on the information
provided to the department on the Dealers' Record of Sale, the LEFT,
or reports made to the department pursuant to Section 12078 or any
other law.
(C) Any waiting period exemption applicable to the transaction
which resulted in the owner of or the person being loaned the
particular handgun acquiring or being loaned that firearm.
(D) The manufacturer's name if stamped on the firearm, model name
or number if stamped on the firearm, and, if applicable, the serial
number, other number (if more than one serial number is stamped on
the firearm), caliber, type of firearm, if the firearm is new or
used, barrel length, and color of the firearm.
(3) Information in the registry referred to in this subdivision
shall, upon proper application therefor, be furnished to the officers
referred to in Section 11105, to a city attorney prosecuting a civil
action, solely for use in prosecuting that civil action and not for
any other purpose, or to the person listed in the registry as the
owner or person who is listed as being loaned the particular handgun.
(4) If any person is listed in the registry as the owner of a
firearm through a Dealers' Record of Sale prior to 1979, and the
person listed in the registry requests by letter that the Attorney
General store and keep the record electronically, as well as in the
record's existing photographic, photostatic, or nonerasable optically
stored form, the Attorney General shall do so within three working
days of receipt of the request. The Attorney General shall, in
writing, and as soon as practicable, notify the person requesting
electronic storage of the record that the request has been honored as
required by this paragraph.
(d) (1) Any officer referred to in paragraphs (1) to (6),
inclusive, of subdivision (b) of Section 11105 may disseminate the
name of the subject of the record, the number of the firearms listed
in the record, and the description of any firearm, including the
make, model, and caliber, from the record relating to any firearm's
sale, transfer, registration, or license record, or any information
reported to the Department of Justice pursuant to Section 12021.3,
12053, 12071, 12072, 12077, 12078, 12082, or 12285, if the following
conditions are met:
(A) The subject of the record has been arraigned for a crime in
which the victim is a person described in subdivisions (a) to (f),
inclusive, of Section 6211 of the Family Code and is being prosecuted
or is serving a sentence for the crime, or the subject of the record
is the subject of an emergency protective order, a temporary
restraining order, or an order after hearing, which is in effect and
has been issued by a family court under the Domestic Violence
Protection Act set forth in Division 10 (commencing with Section
6200) of the Family Code.
(B) The information is disseminated only to the victim of the
crime or to the person who has obtained the emergency protective
order, the temporary restraining order, or the order after hearing
issued by the family court.
(C) Whenever a law enforcement officer disseminates the
information authorized by this subdivision, that officer or another
officer assigned to the case shall immediately provide the victim of
the crime with a "Victims of Domestic Violence" card, as specified in
subparagraph (H) of paragraph (9) of subdivision (c) of Section
13701.
(2) The victim or person to whom information is disseminated
pursuant to this subdivision may disclose it as he or she deems
necessary to protect himself or herself or another person from bodily
harm by the person who is the subject of the record.
SEC. 2. Section 12020 of the Penal Code
is amended to read:
12020. (a) (1) Any person in this state who
does any of the following is punishable by imprisonment in a county
jail not exceeding one year or in the state prison:
(1)
(A) Manufactures or causes to be manufactured, imports
into the state, keeps for sale, or offers or exposes for sale, or who
gives, lends, or possesses any cane gun or wallet gun, any
undetectable firearm, any firearm which is not immediately
recognizable as a firearm, any camouflaging firearm container, any
ammunition which contains or consists of any flechette dart, any
bullet containing or carrying an explosive agent, any ballistic
knife, any multiburst trigger activator, any nunchaku, any
short-barreled shotgun, any short-barreled rifle, any metal knuckles,
any belt buckle knife, any leaded cane, any zip gun, any shuriken,
any unconventional pistol, any lipstick case knife, any cane sword,
any shobi-zue, any air gauge knife, any writing pen knife, any metal
military practice handgrenade or metal replica handgrenade, or any
instrument or weapon of the kind commonly known as a blackjack,
slungshot, billy, sandclub, sap, or sandbag.
(2)
(B) Commencing January 1, 2000, manufactures or causes
to be manufactured, imports into the state, keeps for sale, or offers
or exposes for sale, or who gives, or lends, any large-capacity
magazine.
(3)
(C) Carries concealed upon his or her person any
explosive substance, other than fixed ammunition.
(4)
(D) Carries concealed upon his or her person any dirk
or dagger.
(2) Commencing January 1, 2011, any person who possess a
large-capacity magazine is punishable by imprisonment in a county
jail not exceeding one year.
However, a first offense involving any metal military practice
handgrenade or metal replica handgrenade shall be punishable only as
an infraction unless the offender is an active participant in a
criminal street gang as defined in the Street Terrorism and
Enforcement and Prevention Act (Chapter 11 (commencing with Section
186.20) of Title 7 of Part 1). A bullet containing or carrying an
explosive agent is not a destructive device as that term is used in
Section 12301.
(b) Subdivision (a) does not apply to any of the following:
(1) The sale to, purchase by, or possession of short-barreled
shotguns or short-barreled rifles by police departments, sheriffs'
offices, marshals' offices, the California Highway Patrol, the
Department of Justice, the Department of Corrections and
Rehabilitation, or the military or naval forces of this state or of
the United States for use in the discharge of their official duties
or the possession of short-barreled shotguns and short-barreled
rifles by peace officer members of a police department, sheriff's
office, marshal's office, the California Highway Patrol, the
Department of Justice, or the Department of Corrections and
Rehabilitation, when on duty and the use is authorized by the agency
and is within the course and scope of their duties and the peace
officer has completed a training course in the use of these weapons
certified by the Commission on Peace Officer Standards and Training.
(2) The manufacture, possession, transportation or sale of
short-barreled shotguns or short-barreled rifles when authorized by
the Department of Justice pursuant to Article 6 (commencing with
Section 12095) and not in violation of federal law.
(3) The possession of a nunchaku on the premises of a school which
holds a regulatory or business license and teaches the arts of
self-defense.
(4) The manufacture of a nunchaku for sale to, or the sale of a
nunchaku to, a school which holds a regulatory or business license
and teaches the arts of self-defense.
(5) Any antique firearm. For purposes of this section, "antique
firearm" means any firearm not designed or redesigned for using
rimfire or conventional center fire ignition with fixed ammunition
and manufactured in or before 1898 (including any matchlock,
flintlock, percussion cap, or similar type of ignition system or
replica thereof, whether actually manufactured before or after the
year 1898) and also any firearm using fixed ammunition manufactured
in or before 1898, for which ammunition is no longer manufactured in
the United States and is not readily available in the ordinary
channels of commercial trade.
(6) Tracer ammunition manufactured for use in shotguns.
(7) Any firearm or ammunition that is a curio or relic as defined
in Section 478.11 of Title 27 of the Code of Federal Regulations and
which is in the possession of a person permitted to possess the items
pursuant to Chapter 44 (commencing with Section 921) of Title 18 of
the United States Code and the regulations issued pursuant thereto.
Any person prohibited by Section 12021, 12021.1, or 12101 of this
code or Section 8100 or 8103 of the Welfare and Institutions Code
from possessing firearms or ammunition who obtains title to these
items by bequest or intestate succession may retain title for not
more than one year, but actual possession of these items at any time
is punishable pursuant to Section 12021, 12021.1, or 12101 of this
code or Section 8100 or 8103 of the Welfare and Institutions Code.
Within the year, the person shall transfer title to the firearms or
ammunition by sale, gift, or other disposition. Any person who
violates this paragraph is in violation of subdivision (a).
(8) Any other weapon as defined in subsection (e) of Section 5845
of Title 26 of the United States Code and which is in the possession
of a person permitted to possess the weapons pursuant to the federal
Gun Control Act of 1968 (Public Law 90-618), as amended, and the
regulations issued pursuant thereto. Any person prohibited by Section
12021, 12021.1, or 12101 of this code or Section 8100 or 8103 of the
Welfare and Institutions Code from possessing these weapons who
obtains title to these weapons by bequest or intestate succession may
retain title for not more than one year, but actual possession of
these weapons at any time is punishable pursuant to Section 12021,
12021.1, or 12101 of this code or Section 8100 or 8103 of the Welfare
and Institutions Code. Within the year, the person shall transfer
title to the weapons by sale, gift, or other disposition. Any person
who violates this paragraph is in violation of subdivision (a). The
exemption provided in this subdivision does not apply to pen guns.
(9) Instruments or devices that are possessed by federal, state,
and local historical societies, museums, and institutional
collections which are open to the public, provided that these
instruments or devices are properly housed, secured from unauthorized
handling, and, if the instrument or device is a firearm, unloaded.
(10) Instruments or devices, other than short-barreled shotguns or
short-barreled rifles, that are possessed or utilized during the
course of a motion picture, television, or video production or
entertainment event by an authorized participant therein in the
course of making that production or event or by an authorized
employee or agent of the entity producing that production or event.
(11) Instruments or devices, other than short-barreled shotguns or
short-barreled rifles, that are sold by, manufactured by, exposed or
kept for sale by, possessed by, imported by, or lent by persons who
are in the business of selling instruments or devices listed in
subdivision (a) solely to the entities referred to in paragraphs (9)
and (10) when engaging in transactions with those entities.
(12) The sale to, possession of, or purchase of any weapon,
large-capacity magazine, device, or ammunition, other than a
short-barreled rifle or short-barreled shotgun, by any federal,
state, county, city and county, or city agency that is charged with
the enforcement of any law for use in the discharge of their official
duties, or the possession of any weapon, large-capacity
magazine, device, or ammunition, other than a short-barreled
rifle or short-barreled shotgun, by peace officers thereof when on
duty and the use is authorized by the agency and is within the course
and scope of their duties.
(13) Weapons, large-capacity magazines, devices, and
ammunition, other than a short-barreled rifle or short-barreled
shotgun, that are sold by, manufactured by, exposed or kept for sale
by, possessed by, imported by, or lent by, persons who are in the
business of selling weapons, large-capacity magazines,
devices, and ammunition listed in subdivision (a) solely to the
entities referred to in paragraph (12) when engaging in transactions
with those entities.
(14) The manufacture for, sale to, exposing or keeping for sale
to, importation of, or lending of wooden clubs or batons to special
police officers or uniformed security guards authorized to carry any
wooden club or baton pursuant to Section 12002 by entities that are
in the business of selling wooden batons or clubs to special police
officers and uniformed security guards when engaging in transactions
with those persons.
(15) Any plastic toy handgrenade, or any metal military practice
handgrenade or metal replica handgrenade that is a relic, curio,
memorabilia, or display item, that is filled with a permanent inert
substance or that is otherwise permanently altered in a manner that
prevents ready modification for use as a grenade.
(16) Any instrument, ammunition, weapon, or device listed in
subdivision (a) that is not a firearm that is found and possessed by
a person who meets all of the following:
(A) The person is not prohibited from possessing firearms or
ammunition pursuant to Section 12021 or 12021.1 or paragraph (1) of
subdivision (b) of Section 12316 of this code or Section 8100 or 8103
of the Welfare and Institutions Code.
(B) The person possessed the instrument, ammunition, weapon, or
device no longer than was necessary to deliver or transport the same
to a law enforcement agency for that agency's disposition according
to law.
(C) If the person is transporting the listed item, he or she is
transporting the listed item to a law enforcement agency for
disposition according to law.
(17) Any firearm, other than a short-barreled rifle or
short-barreled shotgun, that is found and possessed by a person who
meets all of the following:
(A) The person is not prohibited from possessing firearms or
ammunition pursuant to Section 12021 or 12021.1 or paragraph (1) of
subdivision (b) of Section 12316 of this code or Section 8100 or 8103
of the Welfare and Institutions Code.
(B) The person possessed the firearm no longer than was necessary
to deliver or transport the same to a law enforcement agency for that
agency's disposition according to law.
(C) If the person is transporting the firearm, he or she is
transporting the firearm to a law enforcement agency for disposition
according to law.
(D) Prior to transporting the firearm to a law enforcement agency,
he or she has given prior notice to that law enforcement agency that
he or she is transporting the firearm to that law enforcement agency
for disposition according to law.
(E) The firearm is transported in a locked container as defined in
subdivision (d) of Section 12026.2.
(18) The possession of any weapon, large-capacity magazines,
device, or ammunition, by a forensic laboratory or any
authorized agent or employee thereof in the course and scope of his
or her authorized activities.
(19) The sale of, giving of, lending of, possession 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.
(20) The sale to, lending to, transfer to, purchase by, receipt
of, or importation into this state of, a large-capacity magazine by a
sworn peace officer as defined in Chapter 4.5 (commencing with
Section 830) of Title 3 of Part 2 who is authorized to carry a
firearm in the course and scope of his or her duties.
(21) The sale or purchase of any large-capacity magazine to or by
a person licensed pursuant to Section 12071.
(22) The loan of a lawfully possessed large-capacity magazine
between two individuals and possession by the person to whom the
magazine was loaned if all of the following conditions are
met:
(A) The person being loaned the large-capacity magazine is not
prohibited by Section 12021, 12021.1, or 12101 of this code or
Section 8100 or 8103 of the Welfare and Institutions Code from
possessing firearms or ammunition.
(B) The loan of the large-capacity magazine occurs at a place or
location where the possession of the large-capacity magazine is not
otherwise prohibited and the person who lends the large-capacity
magazine remains in the accessible vicinity of the person to whom the
large-capacity magazine is loaned.
(C) Commencing January 1, 2011, the person loaning the
large-capacity magazine is the registered owner.
(23) The importation of a large-capacity magazine by a person who
lawfully possessed the large-capacity magazine in the state prior to
January 1, 2000, lawfully took it out of the state, and is returning
to the state with the large-capacity magazine previously lawfully
possessed in the state.
(24) The lending or giving of any large-capacity magazine to a
person licensed pursuant to Section 12071, or to a gunsmith, for the
purposes of maintenance, repair, or modification of that
large-capacity magazine.
(25) The return to its owner of any large-capacity magazine by a
person specified in paragraph (24).
(26) The importation into this state of, possession of,
or sale of, any large-capacity magazine by a person who has been
issued a permit to engage in those activities pursuant to Section
12079, when those activities are in accordance with the terms and
conditions of that permit.
(27) The sale of, giving of, lending of, possession of,
importation into this state of, or purchase of, any large-capacity
magazine, to or by entities that operate armored vehicle businesses
pursuant to the laws of this state.
(28) The lending of large-capacity magazines by the entities
specified in paragraph (27) to their authorized employees ,
and possession of large-capacity magazines by those
employees while in the course and scope of their employment for
purposes that pertain to the entity's armored vehicle business.
(29) The return of those large-capacity magazines to those
entities specified in paragraph (27) by those employees specified in
paragraph (28).
(30) (A) The manufacture and possession of a
large-capacity magazine for 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.
(B) The manufacture and possession of a large-capacity
magazine for use by a sworn peace officer as defined in Chapter 4.5
(commencing with Section 830) of Title 3 of Part 2 who is authorized
to carry a firearm in the course and scope of his or her duties.
(C) The manufacture and possession of a large-capacity
magazine for export or for sale to government agencies or the
military pursuant to applicable federal regulations.
(31) The loan of a large-capacity magazine for use solely as a
prop for a motion picture, television, or video production and
possession by the person to whom the magazine was loaned if,
commencing January 1, 2011, the person or entity loaning the
large-capacity magazine is the registered owner .
(32) The purchase of a large-capacity magazine by the holder of a
special weapons permit issued pursuant to Section 12095, 12230,
12250, 12286, or 12305, for any of the following purposes:
(A) For use solely as a prop for a motion picture, television, or
video production.
(B) For export pursuant to federal regulations.
(C) For resale to law enforcement agencies, government agencies,
or the military, pursuant to applicable federal regulations.
(33) The possession of a large-capacity magazine by any of the
following:
(A) The registered owner of the large-capacity magazine.
(B) A person who possesses a large-capacity magazine incident to
and during the course and scope of employment or activities as an
employee or agent of a person licensed pursuant to Section 12071,
12095, 12230, 12250, 12286, or 12305.
(C) An executor or administrator of an estate that includes an
assault weapon or a .50 BMG rifle that is registered, if the
large-capacity magazine is possessed at the same time and place as
the assault weapon or the .50 BMG rifle.
(34) The giving, returning, and possessing of a large-capacity
magazine for purposes of registering it.
(35) The possession of a large-capacity magazine by a dealer or a
gunsmith for purposes of maintenance, repair, or modification.
(36) The possession of a large-capacity magazine during the
applicable grace period for registration pursuant to Section 12044 by
a person or executor who lawfully acquired ownership or possession
of it.
(c) (1) As used in this section, a "short-barreled shotgun" means
any of the following:
(A) A firearm which is designed or redesigned to fire a fixed
shotgun shell and having a barrel or barrels of less than 18 inches
in length.
(B) A firearm which has an overall length of less than 26 inches
and which is designed or redesigned to fire a fixed shotgun shell.
(C) Any weapon made from a shotgun (whether by alteration,
modification, or otherwise) if that weapon, as modified, has an
overall length of less than 26 inches or a barrel or barrels of less
than 18 inches in length.
(D) Any device which may be readily restored to fire a fixed
shotgun shell which, when so restored, is a device defined in
subparagraphs (A) to (C), inclusive.
(E) Any part, or combination of parts, designed and intended to
convert a device into a device defined in subparagraphs (A) to (C),
inclusive, or any combination of parts from which a device defined in
subparagraphs (A) to (C), inclusive, can be readily assembled if
those parts are in the possession or under the control of the same
person.
(2) As used in this section, a "short-barreled rifle" means any of
the following:
(A) A rifle having a barrel or barrels of less than 16 inches in
length.
(B) A rifle with an overall length of less than 26 inches.
(C) Any weapon made from a rifle (whether by alteration,
modification, or otherwise) if that weapon, as modified, has an
overall length of less than
26 inches or a barrel or barrels of less than 16 inches in length.
(D) Any device which may be readily restored to fire a fixed
cartridge which, when so restored, is a device defined in
subparagraphs (A) to (C), inclusive.
(E) Any part, or combination of parts, designed and intended to
convert a device into a device defined in subparagraphs (A) to (C),
inclusive, or any combination of parts from which a device defined in
subparagraphs (A) to (C), inclusive, may be readily assembled if
those parts are in the possession or under the control of the same
person.
(3) As used in this section, a "nunchaku" means an instrument
consisting of two or more sticks, clubs, bars or rods to be used as
handles, connected by a rope, cord, wire, or chain, in the design of
a weapon used in connection with the practice of a system of
self-defense such as karate.
(4) As used in this section, a "wallet gun" means any firearm
mounted or enclosed in a case, resembling a wallet, designed to be or
capable of being carried in a pocket or purse, if the firearm may be
fired while mounted or enclosed in the case.
(5) As used in this section, a "cane gun" means any firearm
mounted or enclosed in a stick, staff, rod, crutch, or similar
device, designed to be, or capable of being used as, an aid in
walking, if the firearm may be fired while mounted or enclosed
therein.
(6) As used in this section, a "flechette dart" means a dart,
capable of being fired from a firearm, that measures approximately
one inch in length, with tail fins that take up approximately
five-sixteenths of an inch of the body.
(7) As used in this section, "metal knuckles" means any device or
instrument made wholly or partially of metal which is worn for
purposes of offense or defense in or on the hand and which either
protects the wearer's hand while striking a blow or increases the
force of impact from the blow or injury to the individual receiving
the blow. The metal contained in the device may help support the hand
or fist, provide a shield to protect it, or consist of projections
or studs which would contact the individual receiving a blow.
(8) As used in this section, a "ballistic knife" means a device
that propels a knifelike blade as a projectile by means of a coil
spring, elastic material, or compressed gas. Ballistic knife does not
include any device which propels an arrow or a bolt by means of any
common bow, compound bow, crossbow, or underwater speargun.
(9) As used in this section, a "camouflaging firearm container"
means a container which meets all of the following criteria:
(A) It is designed and intended to enclose a firearm.
(B) It is designed and intended to allow the firing of the
enclosed firearm by external controls while the firearm is in the
container.
(C) It is not readily recognizable as containing a firearm.
"Camouflaging firearm container" does not include any camouflaging
covering used while engaged in lawful hunting or while going to or
returning from a lawful hunting expedition.
(10) As used in this section, a "zip gun" means any weapon or
device which meets all of the following criteria:
(A) It was not imported as a firearm by an importer licensed
pursuant to Chapter 44 (commencing with Section 921) of Title 18 of
the United States Code and the regulations issued pursuant thereto.
(B) It was not originally designed to be a firearm by a
manufacturer licensed pursuant to Chapter 44 (commencing with Section
921) of Title 18 of the United States Code and the regulations
issued pursuant thereto.
(C) No tax was paid on the weapon or device nor was an exemption
from paying tax on that weapon or device granted under Section 4181
and Subchapters F (commencing with Section 4216) and G (commencing
with Section 4221) of Chapter 32 of Title 26 of the United States
Code, as amended, and the regulations issued pursuant thereto.
(D) It is made or altered to expel a projectile by the force of an
explosion or other form of combustion.
(11) As used in this section, a "shuriken" means any instrument,
without handles, consisting of a metal plate having three or more
radiating points with one or more sharp edges and designed in the
shape of a polygon, trefoil, cross, star, diamond, or other geometric
shape for use as a weapon for throwing.
(12) As used in this section, an "unconventional pistol" means a
firearm that does not have a rifled bore and has a barrel or barrels
of less than 18 inches in length or has an overall length of less
than 26 inches.
(13) As used in this section, a "belt buckle knife" is a knife
which is made an integral part of a belt buckle and consists of a
blade with a length of at least 21/2 inches.
(14) As used in this section, a "lipstick case knife" means a
knife enclosed within and made an integral part of a lipstick case.
(15) As used in this section, a "cane sword" means a cane, swagger
stick, stick, staff, rod, pole, umbrella, or similar device, having
concealed within it a blade that may be used as a sword or stiletto.
(16) As used in this section, a "shobi-zue" means a staff, crutch,
stick, rod, or pole concealing a knife or blade within it which may
be exposed by a flip of the wrist or by a mechanical action.
(17) As used in this section, a "leaded cane" means a staff,
crutch, stick, rod, pole, or similar device, unnaturally weighted
with lead.
(18) As used in this section, an "air gauge knife" means a device
that appears to be an air gauge but has concealed within it a
pointed, metallic shaft that is designed to be a stabbing instrument
which is exposed by mechanical action or gravity which locks into
place when extended.
(19) As used in this section, a "writing pen knife" means a device
that appears to be a writing pen but has concealed within it a
pointed, metallic shaft that is designed to be a stabbing instrument
which is exposed by mechanical action or gravity which locks into
place when extended or the pointed, metallic shaft is exposed by the
removal of the cap or cover on the device.
(20) As used in this section, a "rifle" means a weapon designed or
redesigned, made or remade, and intended to be fired from the
shoulder and designed or redesigned and made or remade to use the
energy of the explosive in a fixed cartridge to fire only a single
projectile through a rifled bore for each single pull of the trigger.
(21) As used in this section, a "shotgun" means a weapon designed
or redesigned, made or remade, and intended to be fired from the
shoulder and designed or redesigned and made or remade to use the
energy of the explosive in a fixed shotgun shell to fire through a
smooth bore either a number of projectiles (ball shot) or a single
projectile for each pull of the trigger.
(22) As used in this section, an "undetectable firearm" means any
weapon which meets one of the following requirements:
(A) When, after removal of grips, stocks, and magazines, it is not
as detectable as the Security Exemplar, by walk-through metal
detectors calibrated and operated to detect the Security Exemplar.
(B) When any major component of which, when subjected to
inspection by the types of X-ray machines commonly used at airports,
does not generate an image that accurately depicts the shape of the
component. Barium sulfate or other compounds may be used in the
fabrication of the component.
(C) For purposes of this paragraph, the terms "firearm," "major
component," and "Security Exemplar" have the same meanings as those
terms are defined in Section 922 of Title 18 of the United States
Code.
All firearm detection equipment newly installed in nonfederal
public buildings in this state shall be of a type identified by
either the United States Attorney General, the Secretary of
Transportation, or the Secretary of the Treasury, as appropriate, as
available state-of-the-art equipment capable of detecting an
undetectable firearm, as defined, while distinguishing innocuous
metal objects likely to be carried on one's person sufficient for
reasonable passage of the public.
(23) As used in this section, a "multiburst trigger activator"
means one of the following devices:
(A) A device designed or redesigned to be attached to a
semiautomatic firearm which allows the firearm to discharge two or
more shots in a burst by activating the device.
(B) A manual or power-driven trigger activating device constructed
and designed so that when attached to a semiautomatic firearm it
increases the rate of fire of that firearm.
(24) As used in this section, a "dirk" or "dagger" means a knife
or other instrument with or without a handguard that is capable of
ready use as a stabbing weapon that may inflict great bodily injury
or death. A nonlocking folding knife, a folding knife that is not
prohibited by Section 653k, or a pocketknife is capable of ready use
as a stabbing weapon that may inflict great bodily injury or death
only if the blade of the knife is exposed and locked into position.
(25) As used in this section title ,
"large-capacity magazine" means any ammunition feeding device with
the capacity to accept more than 10 rounds, but shall not be
construed to include any of the following:
(A) A feeding device that has been permanently altered so that it
cannot accommodate more than 10 rounds.
(B) A .22 caliber tube ammunition feeding device.
(C) A tubular magazine that is contained in a lever-action
firearm.
(d) Knives carried in sheaths which are worn openly suspended from
the waist of the wearer are not concealed within the meaning of this
section.
SEC. 3. Section 12044 is added to the
Penal Code , to read:
12044. (a) (1) A person who acquired ownership of a
large-capacity magazine prior to January 1, 2000, or after January 1,
2000, and prior to January 1, 2011, acquired a large-capacity
magazine pursuant to subdivision (b) of Section 12020, shall register
the magazine with the Department of Justice no later than January 1,
2011.
(2) Commencing January 1, 2011, a person who acquires ownership of
a large-capacity magazine pursuant to subdivision (b) of Section
12020, or pursuant to a permit issued pursuant to Section 12079,
shall register the magazine with the Department of Justice within 30
days of taking possession of the magazine.
(3) Commencing January 1, 2011, a person who is an executor or
administrator of an estate that includes a large-capacity magazine
shall register the magazine with the Department of Justice within 30
days of taking possession of the magazine, unless the estate also
includes a registered assault weapon or registered .50 BMG rifle.
(4) Commencing January 1, 2011, all cities, counties and cities,
counties, and entities of the state that own large-capacity magazines
shall register them with the Department of Justice as
institutionally owned large-capacity magazines.
(5) Commencing January 1, 2011, all cities, counties and cities,
counties, and entities of the state that come into possession of a
large-capacity magazine that is a nuisance pursuant to Section 12029
shall report the disposition of the magazine to the Department of
Justice.
(6) In the case of registration under paragraphs (1) to (3),
inclusive, the registration shall contain a description of the
large-capacity magazine that identifies it uniquely, including all
identification marks, and the full name, address, date of birth, and
thumbprint of the owner, and any other information that the
Department of Justice deems appropriate.
(7) In the case of registration by a person who also has been
issued a permit pursuant to Section 12079, 12095, 12230, 12250,
12286, or 12305, or is a dealer, the Department of Justice shall
adopt procedures to identify which permitholder or dealer possesses
which large-capacity magazine.
(8) The department may charge a fee for registrations under
paragraphs (1) to (3), inclusive, of up to twenty dollars ($20) per
person, but not to exceed actual costs. The fee may be increased
annually not to exceed the annual cost-of-living adjustment for the
Department of Justice's budget or as otherwise increased in the
annual Budget Act. The fees shall be deposited in the Dealers' Record
of Sale Special Account. No fees shall be charged for registrations
under paragraph (4).
(b) Registration under this section shall be denied for any person
who is barred from possessing a large-capacity magazine by virtue of
Section 12316, or who has violated paragraph (2) of subdivision (a)
of Section 12020.
SEC. 4. Section 12079 of the Penal Code
is amended to read:
12079. (a) Upon a showing that good cause exists, the Department
of Justice may issue permits for the possession, transportation, or
sale between a person licensed pursuant to Section 12071 and an
out-of-state client, of large capacity magazines.
(b) For purposes of this section, "large capacity magazine" shall
have the same meaning as that set forth in paragraph (25) of
subdivision (c) of Section 12020.
(b) Commencing January 1, 2011, no large-capacity magazine may be
possessed, transported, or sold pursuant to this section unless that
magazine is registered. The dealer shall notify the Department of
Justice in a manner prescribed by the department as to who the
large-capacity magazine was sold or transferred to.
SEC. 5. No reimbursement is required by this act
pursuant to Section 6 of Article XIII B of the California
Constitution for certain costs that may be incurred by a local agency
or school district because, in that regard, 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.
However, if the Commission on State Mandates determines that this
act contains other costs mandated by the state, reimbursement to
local agencies and school districts for those costs shall be made
pursuant to Part 7 (commencing with Section 17500) of Division 4 of
Title 2 of the Government Code.
SECTION 1. Section 8090 of the Penal Code is
amended to read:
8090. Implementation of this chapter pursuant to Section 8060 is
contingent upon the availability of funding. Funding for
community-based punishment programs shall be administered by the
board from funds appropriated by the Legislature. In addition to
state funds appropriated in the annual Budget Act or other
legislation, programs may be funded from a variety of sources,
including, but not limited to, the following:
(a) Federal funds.
(b) Private or corporate grants, or both.
(c) Service and administrative fees that may be charged to
offenders who participate in community corrections programs, provided
that no offender shall be denied entrance into a community-based
punishment program solely for inability to pay fees.
(d) Income derived from community development corporations
established as part of community-based punishment programs of a
county or collaboration of counties, including, but not limited to,
revenue generated by businesses owned and operated by community-based
punishment programs, or by offender work programs, or by both, after
the cost of operating and administering the business or work program
has been paid.
(e) Other sources as may be identified as suitable for funding
community corrections.
It is the intent of the Legislature that community corrections
reduce the number of offenders who would be incarcerated in the state
prison in the absence of a community-based punishment approach.