Amended  IN  Senate  March 22, 2018

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Senate Bill No. 1092

Introduced by Senator Anderson
(Coauthors: Senators Berryhill and Stone)
(Coauthors: Assembly Members Bigelow, Gallagher, and Lackey)

February 13, 2018

An act to add Section 3002.5 to the Fish and Game Code, and to amend Section 33410 of the Penal Code, relating to firearms.


LEGISLATIVE COUNSEL'S DIGEST


SB 1092, as amended, Anderson. Firearms: silencers.
Existing law makes it a felony to possess a silencer, as defined, for a firearm.
This bill would instead make it a felony to possess a silencer that is attached to a firearm with a barrel that measures less than 16 inches in length.
Existing law restricts the use of firearms in certain areas while hunting, prohibits hunting with a firearm while intoxicated, and requires the use of certain ammunition.
This bill would authorize hunting while using a lawfully possessed silencer that is attached to a firearm with a barrel measuring 16 inches or more in length.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

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


SECTION 1.

 Section 3002.5 is added to the Fish and Game Code, to read:

3002.5.
 Where a firearm is authorized in this division to be used for the taking of a bird or mammal, a person may use a lawfully possessed silencer, as defined in Section 17210 of the Penal Code, if it is attached to a firearm with a barrel measuring 16 inches or more in length.

SEC. 2.

 Section 33410 of the Penal Code is amended to read:

33410.
 Any person who within this state possesses a silencer that is attached to a firearm with a barrel measuring less than 16 inches in length is guilty of a felony and upon conviction thereof shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 or by a fine not to exceed ten thousand dollars ($10,000), or by both that fine and imprisonment.