CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill No. 1471

Introduced by Assembly Member Travis Allen
(Coauthor: Senator Berryhill)

February 17, 2017

An act to amend Section 33415 of the Penal Code, relating to firearms.


LEGISLATIVE COUNSEL'S DIGEST


AB 1471, as introduced, Travis Allen. Firearms: silencers.
Existing law generally makes it a felony for any person, firm, or corporation to possess a silencer within this state. Existing law exempts from that prohibition the sale to, purchase by, or possession by certain law enforcement agencies of a silencer for use in the discharge of their official duties, or possession by peace officers employed by those law enforcement agencies.
This bill would make the crime of possessing a silencer inapplicable to the sale to, purchase by, or possession by the Department of the California Highway Patrol, the Department of Fish and Wildlife, and the Department of Corrections and Rehabilitation, the possession by peace officers employed by those agencies, or the sale or other transfer in interstate or foreign commerce by registered dealers or manufacturers when the sale or other transfer is in accordance with federal law.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 33415 of the Penal Code is amended to read:

33415.
 Section 33410 shall not apply to, or affect, any of the following:
(a) The sale to, purchase by, or possession of silencers by agencies an agency listed in Section 830.1, the Department of the California Highway Patrol, the Department of Corrections and Rehabilitation, the Department of Fish and Wildlife, or the military or naval forces of this state or of the United States, for use in the discharge of their official duties.
(b) The possession of silencers by regular, salaried, full-time peace officers who are employed by an agency listed in Section 830.1, the Department of the California Highway Patrol, the Department of Corrections and Rehabilitation, the Department of Fish and Wildlife, or by the military or naval forces of this state or of the United States, when on duty and when the use of silencers is authorized by the agency and is within the course and scope of their duties.
(c) The manufacture, possession, transportation, or sale or other transfer of silencers to an entity described in subdivision (a) by dealers or manufacturers registered under Chapter 53 (commencing with Section 5801) of Title 26 of the United States Code and the regulations issued pursuant thereto.
(d) The sale or other transfer of silencers in interstate or foreign commerce by dealers or manufacturers described in subdivision (c) when the sale or other transfer is in accordance with federal law.