Rifle or “Assault Weapon”?

As we near the 2016 Election day, I am sad to report that the stupid is surfacing in force on the interwebs.

I’ve had enough run ins with people defending the criminal Clinton’s “I respect the Second Amendment, but…” garbage, which inevitably leads to them trying to convince… someone (I’m not sure who because I’ve forgotten more about firearms and firearms law than they will ever know) that “Assault Weapons are bad mmmkay?”

Look, there is no easy or simple way to say this other than: you’re a buffoon if you believe that an “Assault Weapon” is a thing other than a code word for “guns that look scary, but are no different than other guns that don’t.”

Harsh? Maybe, but anti civil rights gun grabbers seem to have a hard time with the truth.

Look, let me give you an example of why you look like a complete and utter moron when you parrot the “Assault Weapons are too dangerous…” type of drivel that the gun grabbers have been feeding you for 30 years.

This is a basic AR15:

noveskerecon

Super scary assault weapon baby killing murder machine, complete with “shoulder thing that goes up”

Caliber: 5.56 Nato/.223 Remington
Action: Gas operated magazine fed semi-automatic
Cyclic Rate: 800 rounds per minute 
Effective Rate of Fire (RoF): 12-15 rounds per minute 
Semi-automatic Rate of Fire (RoF): 45 rounds per minute
Factory Magazine Capacity: 10-32 round magazine (depending on model configuration)

 

Now this is a Ruger Mini-14:

mini14

Wood stock, hunting rifle (this one is actually a Ranch Rifle model)

Caliber: 5.56 Nato/.223 Remington
Action: Gas operated magazine fed semi-automatic
Cyclic Rate: 750 rounds per minute
Effective Rate of Fire (RoF): 12-15 rounds per minute
Semi-automatic Rate of Fire (RoF): 45 rounds per minute
Factory Magazine Capacity: 5-30 round magazine (depending on model configuration)

Now let’s talk about that for a moment.

Cyclic Rate is a technical measurement, showing a theoretical maximum rate of fire. The Cyclic Rate for both of these rifles is kind of a lie, because neither of those rifles are fully automatic, and the Cyclic Rate is measured in fully automatic fire with an “unlimited magazine” (these are special testing devices that use a machine to continually feed ammunition into the rifle, and they’re about the size of a large desk). The Cyclic Rate for both of these rifles was measured on their fully automatic variants (the AR15 used the M16A2 info and the Mini-14 used the AC-556 info). As applied to these rifles the Cyclic Rate is simply the measurement of how fast the action can cycle in one minute under ideal test conditions on average.

The Effective Rate of Fire is the rate that these rifles can sustain firing without mechanical malfunction or meltdown over an extended period of time (I believe the testing criteria is one hour of sustained fire).

Semi-automatic Rate of Fire is measured by wildly pulling the trigger as fast as possible, without any kind of aiming, while changing factory capacity magazines as needed. This is nowhere near real world effective rates of fire when requiring aiming.

Factory Magazine Capacity is the quantity of cartridges that can be held in the magazines that ship from the factory. Both are available from the factory with 30 round magazines, both are available from the factory with 10 round magazines.

Effective Rate of Fire is the key performance metric when evaluating the capabilities of a weapon for use in fighting.

Functionally these are the same weapon. Functionally they are identical other than the mechanical design of the action.

The Ar15 is often called a “weapon of war” by the gun grabbers, but this is simply not true. The Ar15 is not issued to any of our 2,000,000+ military personnel.

Still feel like “Assault Weapons” are evil and rifles are ok?

These are also Ruger Mini-14 rifles:

These are functionally the same rifle.

These are functionally the same rifle, cosmetic changes make three of those “assault weapons” in California.

This is also a Ruger Mini-14:

tacticool-miniSame exact rifle as above with cosmetic changes only.

You’re basically saying that I am not allowed to paint my car, or put aftermarket accessories on it that you don’t like.

And this is also an AR15:

California compliant "featureless" AR15

California compliant “featureless” AR15, 100% legal despite California having an enforced “Assault Weapons” ban for more than 25 years.

When you advocate banning “assault weapons” you are saying one of two things:

  1. I don’t like scary black guns, so ban those despite them being mechanically identical to ones I’m ok with. Or..
  2. I don’t know anything about guns other than we need to ban them all, but I’m too much of a coward to just come out and say it, and also I think gun owners are too stupid to realize what my actual goal is.

I assure you, us gun owners are not stupid, and we will not entertain your silly antics. Play stupid games, win stupid prizes.

 

END

Wear Orange for gun control?

Wear Orange for gun control. So like this?

WearOrangeForGunControl

Sadly, California is just that stupid.

Grab your helmets, it’s getting retarded here.

END

Your intentions don’t matter; what matters is the consequences of your actions

Note:

This is mostly addressed to the people conducting a coordinated “shaming” campaign against the Congressional Representatives who voted against the latest Federal Gun Control legislation (but the rest of you gun grabbers can learn a thing or two here so pay attention). You people should be ashamed of yourselves, and you’d do well to pay attention to the truths behind this rant. If you push this nation into a bloody revolution, you will be held to account for your actions.

As the man once said, the road to hell is paved with good intentions.

In light of everything that has gone on since the Sandy Hook shooting it’s patently obvious that the people who are pushing gun bans and restrictions in the US have no idea what they are fucking with.

For the last four years guns shops have been doing brisk business, selling tens of thousands of firearms a month (to law abiding citizens), with frequent ammo shortages in all of the major calibers. For the past 12 months one of the maybe 10-12 guns shops in my city of ~600,000 people has had a stack of 4473’s (this is the paperwork for buying a firearm from a dealer) that is 10-12″ thick sitting behind their counter (this is only 10 days worth of purchases where I live).

For the past three months that stack of 4473’s has been two 14-18″ stacks. Magazines holding more than 10 rounds are pretty much gone as soon as the boxes are opened. Magazine rebuild kits are gone as soon as the box is opened. Ammo is gone for pretty much all calibers. There are maybe 10-15 rifles of any kind or caliber in stock at any given time (18 months ago this was more like 150-250).

That’s one gun shop, in one city, in one State. I’ve talked to a lot of people in different places in this country, and from what I can tell this is the rule rather than the exception in nearly all of the US right now.

This is not a country stocking up on things that may get banned. This is a country preparing for war.

If these fuckers keep pushing it, the unintended consequences will be thousands (if not hundreds of thousands or millions) of dead Americans, and a completely different US than the one that we all know today.

It will be a sad day when Americans are shooting Americans, and I’ll shed tears for it. But I won’t shed any tears for the fuckheads who started this bullshit.

Let’s see if any of those aforementioned fuckheads have gamed this scenario out at all. Let’s say that one of the literally dozens (if not hundreds) of proposed pieces of firearm restriction legislation pisses off enough people to the point where we see the shooting start. It’ll take a while to get started, and once started (which I fear is a very real possibility for the first time in my life), it will not stop until the people who started this shit (the gun grabbers pushing their agenda) are held accountable for it, or gun owners are exterminated.

By my best estimates there are about 800,000 law enforcement officers in this country. At best (every reserve active) we have maybe 2 million soldiers in our armed forces. Let’s call that 3 million (which isn’t accurate, because there is literally no possible way to get all of them in the US at the same time without just pulling out all the stops and leaving the rest of the world to fend for themselves).

There are 600,000 people with hunting licenses in Wisconsin alone. Every one of those 600,000 have experience stalking and ambushing live targets. I’m not saying they’d all be on the same side (no more than all LEO’s and soldiers would) in a second civil war, which is what we’re actually talking about here.

Aside from the large number of LEO’s and soldiers who will never fire a shot at a US civilian over this shit (which should be pretty plain in light of the dozens of Sheriffs and Sheriff’s associations who have sent in letters to our “legislators” flat out telling them that they will not be enforcing any new gun bans), and many of who will defect taking their “military grade” weapons with them, plain old US citizens can field a force estimated to be between 3 and 6 million at any given time.

That’s only three to six percent of the estimated 100 million gun owners in the US. Let’s go low and call it 3 percent. 3 million insurgents without uniforms or identifiers.

Looking at those raw numbers, it seems like it would be pretty even, but it wouldn’t be. The vast majority of soldiers and LEO’s would not side with the government. Even if they didn’t side with the rebels, that’s still gonna be a huge blow to the gun grabbers. Let’s be pessimistic and say that only 25% of soldiers and LEO’s would refuse to side with the governement. That leaves about 2.3 million government forces.

That three percent number I used for the rebels wasn’t just pulled from thin air; three percent is the number most often quoted when discussing the number of colonial combatants fielded during the American revolution. But that was 3 percent of the total population. If we use that number we’re talking 9+ million rebels against at most 3 million government troops.

If an armed rebellion were to happen here, it’d be months (best case scenario) before things start to normal out.

In the interim, what do you suppose daily life is going to look like in this country? Hell ONE ex cop kills three people in LA (only two were cops), and LAPD starts shooting up any vehicle that vaguely matches the description without even bothering to identify that there were two elderly women in one of them.

Two guys set off a couple of bombs and shot one cop in Boston, and the police lock down the entire town (4 towns actually), shred the 4th Amendment, and start doing door to door raids to find the remaining bomber. Think about that for just a second, two guys completely shut down a major US city for days with a couple of IEDs and one gun.

Can you imagine what it will be like if hundreds or even thousands of people started putting down the politicians, media talking heads, and LEO’s pushing this shit?

You know cops aren’t going to be responding to jack shit after the first couple of emergency calls that turn into ambushes.

In just my tiny little city of ~600,000 people, law enforcement estimates that there are approximately 35,000 active gang members. Expand that to the entire county of just about a million people and they estimate there are 70,000 active gang members. We have (and I’m being really generous here) maybe 5,000 Law Enforcement Officers in the area. That’s 15:1 odds against the police.

You think those gang members are just gonna sit around when they see that cops aren’t responding to calls? What do you suppose will happen once some of them start to figure out that “Warlord” has a nicer ring to it than Gang Leader? Now add to that the proliferation of Mexican Drug Cartels operating in the US right now. A sincere heartfelt thanks to the ATF and Eric Holder for handing them 2000+ rifles (the semiautomatic “weapon of war” variety rifles that the gun grabbers are trying so hard to ban).

So suddenly we’re living in a Mad Max movie.

By the time we get that mess cleaned up, our economy is going to be in a shambles (not that it’s real healthy just now anyway). So the US is going to look quite a bit different than it does today. You think North Korea (or any of a dozen other despot run shitholes) won’t take the opportunity to start some shit while we’re busy in our own backyard? You think some jihadists won’t figure out that it would be a good time to play their little games?

If you don’t see how easily that could happen, you don’t know enough about the situation. Look at what happened in New Orleans after Katrina, and that was just one city with the undivided attention of the entire government.

Is this what you want? Is this what you had in mind when you set out to “save the children” by banning firearms Ms. Feinstein?

I’m not prescient, so I can’t predict how it will happen in detail, but I know (with the limited intel that I have access to) that all of those things are likely. Not just possible, probable.

Not something I want to see in my lifetime. So how about this; let’s just stop trying to punish law abiding citizens for the actions of criminals? Seems much simpler to me.

END

FEDERAL: S.150 — Assault Weapons Ban of 2013

Summary

  • Bans pretty much all semiautomatic firearms (virtually anything with a magazine, you’ll have to read the text – good luck)
  • Mandatory national registration of all grandfathered “assault weapons”
  • Mandatory national licensing for possession of all grandfathered “assault weapons”
  • Amends Omnibus Crime Control and Safe Streets Act of 1968 to allow for grants for “assault weapon” buybacks
  • Bans magazines over 10 round capacity
  • Requires mandatory forfeiture (confiscation) magazines over 10 round capacity
  • Requires that grandfathered “assault weapons” be kept “locked by a secure gun storage or safety device”

 

Link to legislation

Link to text of legislation

California AB 174: Weapons grandfather clauses

Link to proposed legislation

 

ASSEMBLY BILL No. 174

Introduced  by  Assembly Member Bonta
January 24, 2013

An act relating to weapons.

LEGISLATIVE COUNSEL’S DIGEST

AB 174, as introduced, Bonta. Weapons: grandfather clauses.
Existing law prohibits the possession of various weapons. Under existing law, certain of these bans exempted from their scope weapons that were possessed prior to the ban, if prescribed conditions met, are authorized.
This bill would declare the intent of the Legislature to subsequently amend this bill to include provisions that would end all of those exemptions.

DIGEST KEY

Vote: majority   Appropriation: no   Fiscal Committee: no   Local Program: no


BILL TEXT

THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

SECTION 1.

Under current law, certain banned weapons are permitted under various “grandfathering in” clauses. It is the intent of the Legislature to subsequently amend this measure to include provisions that would end all of those exemptions.

California SB 53: Ammunition Purchase Permits

Link to proposed legislation

 

SENATE BILL No. 53

Introduced  by  Senator De León
(Principal Coauthor(s): Senator Yee)
(Coauthor(s): Senator Steinberg)
(Coauthor(s): Assembly Member Skinner)
December 20, 2012

An act to amend Sections 11106, 17315, 30312, 30347, 30350, 30352, and 30365 of, to amend the heading of Article 3 (commencing with Section 30345) of Chapter 1 of Division 10 of Title 4 of Part 6 of, to add Section 16663 to, and to add Article 4 (commencing with Section 30370) to Chapter 1 of Division 10 of Title 4 of Part 6 of, the Penal Code, relating to ammunition.

LEGISLATIVE COUNSEL’S DIGEST

SB 53, as introduced, De León. Ammunition: purchase permits.
(1) Existing law requires the Attorney General to maintain records, including among other things, fingerprints, licenses to carry concealed firearms, and information from firearms dealers pertaining to firearms, for purposes of assisting in the investigation of crimes, and specified civil actions.
This bill would require the Attorney General to also maintain copies of ammunition purchase permits for those purposes.
(2) Existing law, subject to exceptions, requires that the delivery or transfer of ownership of handgun ammunition occur only in a face-to-face transaction. Existing law provides that the term “vendor” for purposes of ammunition sales is a “handgun ammunition vendor” as defined for those and other purposes.
This bill would extend those provisions to any ammunition. The bill would provide that the term “vendor” for purposes of ammunition sales means “ammunition vendor” as defined for those and other purposes. The bill would make additional conforming changes.
(3) Existing law prohibits an ammunition vendor from allowing a person the vendor knows or should know is a person who is prohibited from possessing firearms for specified reasons, from handling, selling, or delivering handgun ammunition in the course and scope of their employment. Existing law prohibits an ammunition vendor from selling or otherwise transferring ownership of, offering for sale or otherwise offering to transfer ownership of, or displaying for sale or displaying for transfer of ownership of, any handgun ammunition in a manner that allows that ammunition to be accessible to a purchaser or transferee without the assistance of the vendor or an employee of the vendor.
This bill would extend those prohibitions to any ammunition. The bill would provide that a violation of those provisions is a misdemeanor.
By creating a new crime, this bill would impose a state-mandated local program.
(4) Existing law subject to exceptions, requires a handgun ammunition vendor to record specified information at the time of delivery of handgun ammunition to a purchaser, as specified.
This bill would extend those provisions to transactions of any ammunition. The bill would, commencing September 1, 2014, and subject to exceptions, require the purchaser of ammunition to hold an ammunition purchase permit, or other specified permit, license, or certificate pertaining to acquisition, possession, or carrying firearms, as provided, or other specified documentation for a person who is not a state resident. The bill would, commencing September 1, 2014, require the vendor to submit to the Department of Justice information demonstrating compliance with that verification requirement, as specified. The bill would, commencing June 1, 2014, authorize issuance of ammunition purchase permits by the Department of Justice to applicants who are residents of this state, at least 18 years of age, not prohibited from acquiring or possessing ammunition, and who pay the required fees, as specified. The bill would establish an application process and specify the information to be displayed on the permit. The bill would provide that the permit authorizes the holder to purchase ammunition from an ammunition vendor.
(5) 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.

DIGEST KEY

Vote: majority   Appropriation: no   Fiscal Committee: yes   Local Program: yes


BILL TEXT

THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

SECTION 1.

Section 11106 of the Penal Code, as added by Section 2.5 of Chapter 745 of the Statutes of 2011, 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) (b), 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 26150, 26155, 26170, or 26215, information reported to the Department of Justice pursuant to Section 26225, copies of permits authorized in Section 30370, dealers’ records of sales of firearms, reports provided pursuant to Article 1 (commencing with Section 27500) of Chapter 4 of Division 6 of Title 4 of Part 6, or pursuant to any provision listed in subdivision (a) of Section 16585, forms provided pursuant to Section 12084, as that section read prior to being repealed, reports provided pursuant to Article 1 (commencing with Section 26700) and Article 2 (commencing with Section 26800) of Chapter 2 of Division 6 of Title 4 of Part 6, 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) The Attorney General shall permanently keep and properly file and maintain all information reported to the Department of Justice pursuant to the following provisions as to firearms and maintain a registry thereof:
(A) Article 1 (commencing with Section 26700) and Article 2 (commencing with Section 26800) of Chapter 2 of Division 6 of Title 4 of Part 6.
(B) Article 1 (commencing with Section 27500) of Chapter 4 of Division 6 of Title 4 of Part 6.
(C) Chapter 5 (commencing with Section 28050) of Division 6 of Title 4 of Part 6.
(D) Any provision listed in subdivision (a) of Section 16585.
(E) Former Section 12084.
(F) Any other law.
(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 firearm 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 any provision listed in subdivision (a) of Section 16585 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 firearm 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 any provision listed in subdivision (a) of Section 16585 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 firearm 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, or, if the firearm is not a handgun and does not have a serial number or any identification number or mark assigned to it, that shall be noted.
(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 firearm.
(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.
(c) (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 26225, Article 1 (commencing with Section 26700) and Article 2 (commencing with Section 26800) of Chapter 2 of Division 6 of Title 4 of Part 6, Article 1 (commencing with Section 27500) of Chapter 4 of Division 6 of Title 4 of Part 6, Chapter 5 (commencing with Section 28050) of Division 6 of Title 4 of Part 6, Article 2 (commencing with Section 28150) of Chapter 6 of Division 6 of Title 4 of Part 6, Article 5 (commencing with Section 30900) of Chapter 2 of Division 10 of Title 4 of Part 6, Chapter 2 (commencing with Section 33850) of Division 11 of Title 4 of Part 6, or any provision listed in subdivision (a) of Section 16585, 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.
(d) This section shall become operative January 1, 2014.

 

SEC. 2.

Section 16663 is added to the Penal Code, to read:

 

16663.

As used in this part, “ammunition vendor” means any person, firm, corporation, dealer, or any other business enterprise that is engaged in the retail sale of any ammunition, or that holds itself out as engaged in the business of selling any ammunition.

 

SEC. 3.

Section 17315 of the Penal Code is amended to read:

 

17315.

As used in Article 3 (commencing with Section 30345) of Chapter 1 of Division 10 of Title 4, “vendor” means a handgun an ammunition vendor.

 

SEC. 4.

Section 30312 of the Penal Code is amended to read:

 

30312.

(a) Commencing February 1, 2011, the The delivery or transfer of ownership of handgun ammunition may only occur in a face-to-face transaction with the deliverer or transferor being provided bona fide evidence of identity from the purchaser or other transferee.

(b) Subdivision (a) shall not apply to or affect the sale, delivery, or transfer of handgun ammunition to any of the following:
(1) An authorized law enforcement representative of a city, county, city and county, or state or federal government, if the sale, delivery, or transfer is for exclusive use by that government agency and, prior to the sale, delivery, or transfer of the handgun ammunition, written authorization from the head of the agency employing the purchaser or transferee is obtained, identifying the employee as an individual authorized to conduct the transaction, and authorizing the transaction for the exclusive use of the agency employing the individual.
(2) 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 the officer’s duties.
(3) An importer or manufacturer of handgun ammunition or firearms who is licensed to engage in business pursuant to Chapter 44 (commencing with Section 921) of Title 18 of the United States Code and the regulations issued pursuant thereto.
(4) A person who is on the centralized list maintained by the Department of Justice pursuant to Article 6 (commencing with Section 28450) of Chapter 6 of Division 6 of this title.
(5) A person whose licensed premises are outside this state and who is licensed as a dealer or collector of firearms pursuant to Chapter 44 (commencing with Section 921) of Title 18 of the United States Code and the regulations issued pursuant thereto.
(6) A person who is licensed as a collector of firearms pursuant to Chapter 44 (commencing with Section 921) of Title 18 of the United States Code and the regulations issued pursuant thereto, whose licensed premises are within this state, and who has a current certificate of eligibility issued by the Department of Justice pursuant to Section 26710.
(7) A handgun An ammunition vendor.
(8) A consultant-evaluator.
(c) A violation of this section is a misdemeanor.

 

SEC. 5.

The heading of Article 3 (commencing with Section 30345) of Chapter 1 of Division 10 of Title 4 of Part 6 of the Penal Code is amended to read:

Article  3. Handgun Ammunition Vendors

SEC. 6.

Section 30347 of the Penal Code is amended to read:

 

30347.

A vendor shall not permit any employee who the vendor knows or reasonably should know is a person described in Chapter 2 (commencing with Section 29800) or Chapter 3 (commencing with Section 29900) of Division 9 of this title or Section 8100 or 8103 of the Welfare and Institutions Code to handle, sell, or deliver handgun ammunition in the course and scope of employment.

 

SEC. 7.

Section 30350 of the Penal Code is amended to read:

 

30350.

A vendor shall not sell or otherwise transfer ownership of, offer for sale or otherwise offer to transfer ownership of, or display for sale or display for transfer of ownership of any handgun ammunition in a manner that allows that ammunition to be accessible to a purchaser or transferee without the assistance of the vendor or an employee of the vendor.

 

SEC. 8.

Section 30352 of the Penal Code is amended to read:

 

30352.

(a) Commencing February 1, 2011, a vendor shall not sell or otherwise transfer ownership of any handgun ammunition without, at the time of delivery, legibly recording the following information:

(1) The date of the sale or other transaction.
(2) The purchaser’s or transferee’s driver’s license or other identification number and the state in which it was issued.
(3) The brand, type, and amount of ammunition sold or otherwise transferred.
(4) The purchaser’s or transferee’s signature.
(5) The name of the salesperson who processed the sale or other transaction.
(6) The right thumbprint of the purchaser or transferee on the above form.
(7) The purchaser’s or transferee’s full residential address and telephone number.
(8) The purchaser’s or transferee’s date of birth.
(b) Commencing September 1, 2014, an ammunition vendor shall submit information in a format prescribed by the department to show compliance with subdivision (c).
(c) Commencing on September 1, 2014, only those persons listed below or those persons or entities listed in subdivision (d) shall be permitted to purchase ammunition. Prior to the delivery of the ammunition, the vendor shall verify that the person who is receiving delivery of the ammunition is a properly identified person or entity listed in subdivision (d) or one of the following:
(1) A holder of a valid ammunition purchase permit issued pursuant to Section 30370.
(2) A person who is authorized to carry loaded firearms pursuant to Section 25900, 25905, 25910, 25925, 26010, 26015, 26025, or 26030.
(3) A holder of a special weapons permit issued by the department pursuant to Section 32650 or 33300, pursuant to Article 3 (commencing with Section 18900) of Chapter 1 of Division 5 of Title 2, or pursuant to Article 4 (commencing with Section 32700) of Chapter 6 of this division.
(4) A holder of a current certificate of eligibility issued pursuant to Section 26710.
(5) A holder of a valid entertainment firearms permit issued pursuant to Chapter 2 (commencing with Section 29500) of Division 8.
(6) If a person is not the holder of an ammunition purchase permit because he or she is not a resident of this state, then pursuant to procedures prescribed by the department, the person presents documentation to the vendor that shows that the person would not be prohibited from acquiring or possessing ammunition within this state.

(b)

(d) Subdivision (a) shall not apply to or affect sales or other transfers of ownership of handgun ammunition by handgun ammunition vendors to any of the following, if properly identified:
(1) A person licensed pursuant to Sections 26700 to 26915, inclusive.
(2) A handgun An ammunition vendor.
(3) A person who is on the centralized list maintained by the department pursuant to Article 6 (commencing with Section 28450) of Chapter 6 of Division 6 of this title.
(4) A target facility that holds a business or regulatory license.
(5) A gunsmith.
(6) A wholesaler.
(7) A manufacturer or importer of firearms or ammunition licensed pursuant to Chapter 44 (commencing with Section 921) of Title 18 of the United States Code, and the regulations issued pursuant thereto.
(8) An authorized law enforcement representative of a city, county, city and county, or state or federal government, if the sale or other transfer of ownership is for exclusive use by that government agency, and, prior to the sale, delivery, or transfer of the handgun ammunition, written authorization from the head of the agency authorizing the transaction is presented to the person from whom the purchase, delivery, or transfer is being made. Proper written authorization is defined as verifiable written certification from the head of the agency by which the purchaser, transferee, or person otherwise acquiring ownership is employed, identifying the employee as an individual authorized to conduct the transaction, and authorizing the transaction for the exclusive use of the agency by which that individual is employed.

 

SEC. 9.

Section 30365 of the Penal Code is amended to read:

 

30365.

(a) A violation of Section 30347, 30350, 30352, 30355, 30360, or 30362 is a misdemeanor.

(b) The provisions of this section are cumulative, and shall not be construed as restricting the application of any other law. However, an act or omission punishable in different ways by different provisions of law shall not be punished under more than one provision.

 

SEC. 10.

Article 4 (commencing with Section 30370) is added to Chapter 1 of Division 10 of Title 4 of Part 6 of the Penal Code, to read:

Article  4. Ammunition Purchase Permits

 

30370.

(a) (1) Commencing on June 1, 2014, any person who is a resident of this state and who is 18 years of age or older may apply to the department for an ammunition purchase permit, in a format to be prescribed by the department.

(2) The ammunition purchase permit shall entitle the permitholder to purchase or otherwise acquire ownership of ammunition from an ammunition vendor as that term is defined in Section 16663 and shall have no other force or effect.
(b) The department shall issue an ammunition purchase permit to the applicant if all of the following conditions are met:
(1) The applicant is 18 years of age or older.
(2) The applicant is not prohibited from acquiring or possessing ammunition by the laws of this state.
(3) The applicant pays the fees set forth in subdivision (i).
(c) (1) Upon receipt of an initial or renewal application, the department shall examine its records and is authorized to request records from the State Department of Mental Health, pursuant to Section 8104 of the Welfare and Institutions Code, and if authorized, the National Instant Criminal Background Check System, as described in of Section 922(t) of Title 18 of the United States Code, in order to determine if the applicant is prohibited from possessing or acquiring ammunition.
(2) The applicant shall be approved or denied within 30 days of the date of the application. If the application is denied, the department shall state the reasons for doing so and provide the applicant an appeal process to challenge that denial.
(d) The ammunition purchase permit shall be valid for one year from the date of issuance.
(e) The department shall send a notice of the expiration of an ammunition purchase permit, by first-class mail or other means that are equivalent, including electronic mail, to the address of the person as shown by the records of the department, not less than 90 days before the expiration date, and shall enclose or contain a form for the renewal of the permit.
(f) The ammunition purchase permit shall be revoked by the department upon the occurrence of any event which would have disqualified the holder from being issued the ammunition purchase permit pursuant to this section.
(g) The ammunition purchase permit shall be in a tamper-proof form prescribed by the department and shall include the name, address, photograph, date of birth, a unique identifying number, expiration date from the date of issuance, physical characteristics, including the height, weight, eye color, and hair color of the permitholder, and other information that may be prescribed by the department.
(h) The department shall recover the reasonable cost of administering this section by charging applicants an initial application and annual renewal application fee.
(i) All fees received pursuant to this section shall be deposited into the Dealer’s Record of Sale Special Account of the General Fund.
(j) The implementation of this section by the department is exempt from the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code).
(k) The department shall annually review and shall adjust the fees specified in subdivision (h), if necessary, to fully fund, but not to exceed the reasonable costs of, the permit program provided by this section, including the enforcement of this program.
(l) The Attorney General is authorized to adopt regulations to implement the provisions of this section.

 

SEC. 11.

No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution.

California SB 47: Assault Weapons

Link to proposed legislation

SENATE BILL No. 47

 

Introduced  by  Senator Yee
(Coauthor(s): Senator De León, Steinberg)
(Coauthor(s): Assembly Member Dickinson)
December 18, 2012

 

An act relating to assault weapons. 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

SB 47, as amended, Yee. Assault 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, 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 revise these provisions to mean a semiautomatic, centerfire rifle or a semiautomatic pistol that does not have a fixed magazine but has any one of those specified attributes.
This bill would also define “fixed magazine” to mean 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.
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 any .50 BMG rifle, except as otherwise provided, be punished by a fine of $1,000, imprisonment in a county jail for a period not to exceed one year, or by both that fine and imprisonment.
This bill would exclude from those provisions a person who possessed an assault weapon prior to July 1, 2014, 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.
This bill would require that any person who, from January 1, 2001, to December, 31, 2013, inclusive, lawfully possessed an assault weapon that does not have a fixed magazine, as defined, and including those weapons with an ammunition feeding device that can be removed readily from the firearm with the use of a tool, register the firearm before July 1, 2014, with the Department of Justice.
(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.

Existing law finds and declares that the proliferation and use of assault weapons poses a threat to the health, safety, and security of Californians. 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, a person who lawfully possessed an assault weapon before the assault weapon was a prohibited firearm is authorized to retain possession of the assault weapon if the person registered the assault weapon with the Department of Justice.

This bill would state the intent of the Legislature to enact legislation relating to assault weapons.

DIGEST KEY

Vote: majority   Appropriation: no   Fiscal Committee: noyes   Local Program: noyes


BILL TEXT

THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

SECTION 1.It is the intent of the Legislature to enact legislation relating to assault weapons.

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 does not have a fixed magazine but has 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, centerfire rifle that has a fixed magazine with the capacity to accept more than 10 rounds.
(3) A 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 does not have a fixed magazine but has 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, “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.

(b)

(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 (c) (d).

(c)

(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 (b) (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 (b) (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. 2.

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 30610 shall not apply to the possession of an assault weapon by a person who initially possessed the assault weapon prior to July 1, 2014, 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 (c) of Section 30900.
(b) The person lawfully possessed that assault weapon on January 1, 2014.
(c) During the person’s possession, the person was otherwise in compliance with the then-applicable version of former Chapter 2.3 (commencing with Section 12275) of Title 2 of Part 4 or this chapter, as the case may be.

SEC. 3.

Section 30900 of the Penal Code is amended to read:

30900.

(a) Any 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) Any person who, from January 1, 2001, to December 31, 2013, inclusive, lawfully possessed 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, shall register the firearm before July 1, 2014, with the department pursuant to those procedures that the department may establish.

(c)

(d) 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)

(e) The department may charge a fee for registration of up to twenty dollars ($20) per person but not to exceed the actual 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 actual processing costs of the department. The fees shall be deposited into the Dealers’ Record of Sale Special Account.

SEC. 4.

No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution.

California AB 170: Assault weapons and .50BMG rifles

Link to proposed legislation

 

ASSEMBLY BILL No. 170

Introduced  by  Assembly Member Bradford
January 24, 2013

An act to amend Sections 16970, 31000, 31110, and 32650 of the Penal Code, relating to assault weapons and .50 BMG rifles.

LEGISLATIVE COUNSEL’S DIGEST

AB 170, as introduced, Bradford. Assault weapons and .50 BMG rifles.
Existing law, subject to exceptions, generally prohibits the possession of an assault weapon or a .50 BMG rifle, as defined. Violation of these prohibitions is a criminal offense. Existing law requires a person who wishes to acquire an assault weapon or .50 BMG rifle to obtain a permit from the Department of Justice. Existing law defines “person” as an individual, partnership, corporation, limited liability company, association, or any other group or entity, regardless of how it was created, for these permit purposes and other purposes related to the regulation of assault weapons and .50 BMG rifles. Existing law requires a permit to possess a machinegun. Violation of these provisions is a criminal offense.
This bill would define “person” as an individual for those permit purposes for assault weapons, .50 BMG rifles, and machineguns, and other purposes related to the regulation of assault weapons and .50 BMG rifles. The bill would except application of that definition from provisions that generally prohibit the manufacture, distribution, transportation, importation, keeping for sale, offering for sale, exposing for sale, giving, or lending, of an assault weapon or .50 BMG rifle, and from provisions imposing specified sentencing enhancements related to violations of law relating to assault weapons or .50 BMG rifles. The bill would make additional conforming changes, including changes relating to annual inspections, for security and safe storage purposes, of certain permitees possessing assault weapons or .50 BMG rifles, as specified.
By changing provisions of law regulating the acquisition of assault weapons and .50 BMG rifles, the violation of which is 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.

DIGEST KEY

Vote: majority   Appropriation: no   Fiscal Committee: yes   Local Program: yes


BILL TEXT

THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

SECTION 1.

Section 16970 of the Penal Code is amended to read:

 

16970.

(a) As used in Sections 16790 and 17505 and in Chapter 2 (commencing with Section 30500) of Division 10 of Title 4, 30600, and 30615, “person” means an individual, partnership, corporation, limited liability company, association, or any other group or entity, regardless of how it was created.

(b) As used in Section 16970 and Chapter 2 (commencing with Section 30500) of Division 10 of Title 4, except for Sections 30600 and 30615, “person” means an individual.

 

SEC. 2.

Section 31000 of the Penal Code is amended to read:

 

31000.

(a) Any person who lawfully acquired an assault weapon before June 1, 1989, or a .50 BMG rifle before January 1, 2005, and wishes to use it in a manner different than specified in Section 30945 shall first obtain a permit from the Department of Justice in the same manner as specified in Article 3 (commencing with Section 32650) of Chapter 6.

(b) Any person who lawfully acquired an assault weapon between June 1, 1989, and January 1, 1990, and wishes to keep it after January 1, 1990, shall first obtain a permit from the Department of Justice in the same manner as specified in Article 3 (commencing with Section 32650) of Chapter 6.
(c) Any person who wishes to acquire an assault weapon after January 1, 1990, or a .50 BMG rifle after January 1, 2005, shall first obtain a permit from the Department of Justice in the same manner as specified in Article 3 (commencing with Section 32650) of Chapter 6.
(d) On and after January 1, 2014, no partnership, corporation, limited liability company, association, or any other group or entity, regardless of how the entity was created, may be issued a permit to posses an assault weapon or a .50 BMG rifle.

 

SEC. 3.

Section 31110 of the Penal Code is amended to read:

 

31110.

(a) Except as provided in subdivision (b), the Department of Justice shall, for every person, firm, or corporation to whom a permit is issued pursuant to this article, annually conduct an inspection for security and safe storage purposes, and to reconcile the inventory of assault weapons.

(b) A person, firm, or corporation with an inventory of fewer than five devices that require any Department of Justice permit shall be subject to an inspection for security and safe storage purposes, and to reconcile inventory, once every five years, or more frequently if determined by the department.

 

SEC. 4.

Section 32650 of the Penal Code is amended to read:

 

32650.

(a) The Department of Justice may issue permits for the possession, manufacture, and transportation or possession, manufacture, or transportation of machineguns, upon a satisfactory showing that good cause exists for the issuance of the permit to the applicant. No permit shall be issued to a person who is under 18 years of age.

(b) A permit for possession issued pursuant to this section may only be issued to an individual, and may not be issued to a partnership, corporation, limited liability company, association, or any other group or entity, regardless of how that entity was created.

 

SEC. 5.

No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution.

California AB 187: Ammunition tax (yes a second bill from the same guy for the same thing)

Link to proposed legislation

 

ASSEMBLY BILL No. 187

Introduced  by  Assembly Member Bonta
January 28, 2013

An act relating to ammunition.

LEGISLATIVE COUNSEL’S DIGEST

AB 187, as introduced, Bonta. Ammunition.
Existing law prohibits that a handgun ammunition vendor, as defined, from selling, offering for sale, or displaying for sale, any handgun ammunition in a manner that allows that ammunition to be accessible to a purchaser without the assistance of the vendor or employee thereof. Existing law requires, subject to exceptions, that handgun ammunition vendors obtain a thumbprint and other information from ammunition purchasers, as specified.
This bill would state the intent of the Legislature to enact legislation that would establish a tax on all ammunition sold in retail stores and gun shows in the state and direct tax revenue to a fund to prevent crime in high-crime areas of the state.

DIGEST KEY

Vote: majority   Appropriation: no   Fiscal Committee: no   Local Program: no


BILL TEXT

THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

SECTION 1.

It is the intent of the Legislature that would enact legislation to establish a tax on all ammunition sold in retail stores and gun shows in the state and direct the revenue from the tax to a high-crime prevention fund for crime prevention efforts in high-crime areas of the state.

California AB 169: Unsafe handguns

Link to proposed legislation

 

ASSEMBLY BILL No. 169

Introduced  by  Assembly Member Dickinson
January 24, 2013

An act to amend Section 32000 of, and to repeal Section 32110 of, the Penal Code, relating to unsafe handguns.

LEGISLATIVE COUNSEL’S DIGEST

AB 169, as introduced, Dickinson. Unsafe handguns.
(1) Existing law requires parties to a firearms transaction to complete the sale, loan, or transfer of the firearm through a licensed firearms dealer where neither party to the transaction holds a dealer license. Existing law provides for several exceptions from this requirement, including sales made to authorized law enforcement representatives, delivery of a firearm to a gunsmith for repair, transactions involving a firearm that is a curio or relic, or the loaning of a firearm for use solely as a prop in a motion picture, among others.
Existing law provides for the testing of handguns and requires the Department of Justice to maintain a roster listing all handguns that are determined not to be unsafe handguns. Existing law makes it a crime, punishable by imprisonment in a county jail not exceeding one year, to manufacture, import into the state for sale, keep for sale, offer or expose for sale, give, or lend an unsafe handgun. Existing law provides that the provisions defining and governing unsafe handguns do not apply to certain transactions, including the sale, loan, or transfer of any firearm in a transaction that requires the use of a licensed dealer, or where the sale, loan, or transfer is exempt from the provisions of law requiring the transfer to be conducted through a licensed firearms dealer, among others.
This bill would repeal these exemptions, and would instead make the prohibition on manufacturing, importing, selling, giving, or lending an unsafe handgun inapplicable to the sale, loan, or transfer of any firearm that is exempt from the requirement that a firearms transaction to be completed through a licensed firearms dealer. By expanding the definition of a crime, this bill would impose a state-mandated local program.
(2) Existing law exempts the purchase of a handgun from the above prohibition on manufacturing, importing, selling, giving, or lending an unsafe handgun if the handgun is sold to, or purchased by, the Department of Justice, a police department, a sheriff’s official, a marshal’s office, the Department of Corrections and Rehabilitation, the California Highway Patrol, any district attorney’s office, or the military or naval forces of this state or of the United States for use in the discharge of their official duties.
This bill would prohibit a person exempted under the above provision from selling or otherwise transferring the ownership of the handgun to a person who is not exempted under the same provision unless the transaction is exempt from the requirement to complete the transaction through a licensed dealer. By expanding the definition of a crime, this bill would impose a state-mandated local program.
(3) The bill would also make nonsubstantive, technical corrections.
(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.

DIGEST KEY

Vote: majority   Appropriation: no   Fiscal Committee: yes   Local Program: yes


BILL TEXT

THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

SECTION 1.

Section 32000 of the Penal Code is amended to read:

 

32000.

(a) Commencing January 1, 2001, any person in this state who manufactures or causes to be manufactured, imports into the state for sale, keeps for sale, offers or exposes for sale, gives, or lends any unsafe handgun shall be punished by imprisonment in a county jail not exceeding one year.

(b) This section shall not apply to any of the following:
(1) The manufacture in this state, or importation into this state, of any prototype pistol, revolver, or other firearm capable of being concealed upon the person a prototype handgun when the manufacture or importation is for the sole purpose of allowing an independent laboratory certified by the Department of Justice pursuant to Section 32010 to conduct an independent test to determine whether that pistol, revolver, or other firearm capable of being concealed upon the person handgun is prohibited by Sections 31900 to 32110, inclusive, and, if not, allowing the department to add the firearm to the roster of pistols, revolvers, and other firearms capable of being concealed upon the person handguns that may be sold in this state pursuant to Section 32015.
(2) The importation or lending of a pistol, revolver, or other firearm capable of being concealed upon the person handgun by employees or authorized agents of entities determining whether the weapon is prohibited by this section.
(3) Firearms listed as curios or relics, as defined in Section 478.11 of Title 27 of the Code of Federal Regulations.
(4) The sale or purchase of any pistol, revolver, or other firearm capable of being concealed upon the person, if the pistol, revolver, or other firearm a handgun, if the handgun is sold to, or purchased by, the Department of Justice,any a police department, any a sheriff’s official, any a marshal’s office, the Youth and Adult Correctional Agency the Department of Corrections and Rehabilitation, the California Highway Patrol, any district attorney’s office, or the military or naval forces of this state or of the United States for use in the discharge of their official duties. Nor shall anything in this This section does not prohibit the sale to, or purchase by, sworn members of these agencies of any pistol, revolver, or other firearm capable of being concealed upon the person. a handgun. Except as provided inparagraph (5) , a person who, under this paragraph, acquires a handgun that is not on the roster required by Section 23015, shall not sell or otherwise transfer ownership of the handgun to a person who is not exempted under this paragraph.
(5) The sale, loan, or transfer of any firearm that is exempt from the provisions of Section 27545 pursuant to any applicable exemption contained in Article 2 (commencing with Section 27600) or Article 6 (commencing with Section 27850) of Chapter 4 of Division 6, if the sale, loan, or transfer complies with the requirements of that applicable exemption to Section 27545.
(c) Violations of subdivision (a) are cumulative with respect to each handgun and shall not be construed as restricting the application of any other law. However, an act or omission punishable in different ways by this section and other provisions of law shall not be punished under more than one provision, but the penalty to be imposed shall be determined as set forth in Section 654.

 

SEC. 2.

Section 32110 of the Penal Code is repealed.

32110.Article 4 (commencing with Section 31900) and Article 5 (commencing with Section 32000) shall not apply to any of the following:

(a)The sale, loan, or transfer of any firearm pursuant to Chapter 5 (commencing with Section 28050) of Division 6 in order to comply with Section 27545.

(b)The sale, loan, or transfer of any firearm that is exempt from the provisions of Section 27545 pursuant to any applicable exemption contained in Article 2 (commencing with Section 27600) or Article 6 (commencing with Section 27850) of Chapter 4 of Division 6, if the sale, loan, or transfer complies with the requirements of that applicable exemption to Section 27545.

(c)The sale, loan, or transfer of any firearm as described in paragraph (3) of subdivision (b) of Section 32000.

(d)The delivery of a pistol, revolver, or other firearm capable of being concealed upon the person to a person licensed pursuant to Sections 26700 to 26915, inclusive, for the purposes of the service or repair of that firearm.

(e)The return of a pistol, revolver, or other firearm capable of being concealed upon the person by a person licensed pursuant to Sections 26700 to 26915, inclusive, to its owner where that firearm was initially delivered in the circumstances set forth in subdivision (a), (d), (f), or (i).

(f)The delivery of a pistol, revolver, or other firearm capable of being concealed upon the person to a person licensed pursuant to Sections 26700 to 26915, inclusive, for the purpose of a consignment sale or as collateral for a pawnbroker loan.

(g)The sale, loan, or transfer of any pistol, revolver, or other firearm capable of being concealed upon the person listed as a curio or relic, as defined in Section 478.11 of Title 27 of the Code of Federal Regulations.

(h)The sale, loan, or transfer of any semiautomatic pistol that is to be used solely as a prop during the course of a motion picture, television, or video production 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.

(i)The delivery of a pistol, revolver, or other firearm capable of being concealed upon the person to a person licensed pursuant to Sections 26700 to 26915, inclusive, where the firearm is being loaned by the licensee to a consultant-evaluator.

(j)The delivery of a pistol, revolver, or other firearm capable of being concealed upon the person by a person licensed pursuant to Sections 26700 to 26915, inclusive, where the firearm is being loaned by the licensee to a consultant-evaluator.

(k)The return of a pistol, revolver, or other firearm capable of being concealed upon the person to a person licensed pursuant to Sections 26700 to 26915, inclusive, where it was initially delivered pursuant to subdivision (j).

SEC. 3.

No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution.