Amended  IN  Assembly  March 16, 2023

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill
No. 1486

Introduced by Assembly Member Jones-Sawyer

February 17, 2023

An act to amend Section 30510 of the Penal Code, 7070 of the Government Code, relating to firearms. law enforcement agencies.


LEGISLATIVE COUNSEL'S DIGEST


AB 1486, as amended, Jones-Sawyer. Assault weapons. Law enforcement and state agencies: military equipment: funding, acquisition, and use.
Existing federal law authorizes the United States Department of Defense to transfer surplus personal property, including arms and ammunition, to federal or state agencies for use in law enforcement activities, subject to specified conditions, at no cost to the acquiring agency.
Existing law requires a law enforcement agency to adopt a military equipment use policy, as specified, before obtaining military equipment, as defined.
Existing law defines military equipment to include .50 caliber or greater firearms and ammunition, excluding any standard issue shotgun.
This bill would clarify the meaning of a shotgun and shotgun ammunition for purposes of this provision.

Existing law makes it a crime to manufacture, distribute, transport, import, or possess an assault weapon, except as specified. Existing law, the Roberti-Roos Assault Weapons Control Act of 1989 and the .50 Caliber BMG Regulation Act of 2004, requires the Attorney General to prepare a description for identification purposes, including a picture or diagram, of each assault weapon, as defined, to be distributed to law enforcement to use in enforcing the assault weapon ban.

This bill would make technical, nonsubstantive changes to these provisions.

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

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


SECTION 1.

 Section 7070 of the Government Code is amended to read:

7070.
 For purposes of this chapter, the following definitions shall apply:
(a) “Governing body” means the elected body that oversees a law enforcement agency or, if there is no elected body that directly oversees the law enforcement agency, the appointed body that oversees a law enforcement agency. In the case of a law enforcement agency of a county, including a sheriff’s department or a district attorney’s office, “governing body” means the board of supervisors of the county.
(b) “Law enforcement agency” means any of the following:
(1) A police department, including the police department of a transit agency, school district, or any campus of the University of California, the California State University, or California Community Colleges.
(2) A sheriff’s department.
(3) A district attorney’s office.
(4) A county probation department.
(c) “Military equipment” means the following:
(1) Unmanned, remotely piloted, powered aerial or ground vehicles.
(2) Mine-resistant ambush-protected (MRAP) vehicles or armored personnel carriers. However, police versions of standard consumer vehicles are specifically excluded from this subdivision.
(3) High mobility multipurpose wheeled vehicles (HMMWV), commonly referred to as Humvees, two and one-half-ton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached. However, unarmored all-terrain vehicles (ATVs) and motorized dirt bikes are specifically excluded from this subdivision.
(4) Tracked armored vehicles that provide ballistic protection to their occupants and utilize a tracked system instead of wheels for forward motion.
(5) Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units.
(6) Weaponized aircraft, vessels, or vehicles of any kind.
(7) Battering rams, slugs, and breaching apparatuses that are explosive in nature. However, items designed to remove a lock, such as bolt cutters, or a handheld ram designed to be operated by one person, are specifically excluded from this subdivision.
(8) Firearms of .50 caliber or greater. However, standard issue shotguns are specifically excluded from this subdivision. greater, not including any shotgun, as defined in Section 17190 of the Penal Code.
(9) Ammunition of .50 caliber or greater. However, standard issue shotgun ammunition is specifically excluded from this subdivision. greater, not including ammunition for any shotgun, as defined in Section 17190 of the Penal Code.
(10) Specialized firearms and ammunition of less than .50 caliber, including assault weapons as defined in Sections 30510 and 30515 of the Penal Code, with the exception of standard issue service weapons and ammunition of less than .50 caliber that are issued to officers, agents, or employees of a law enforcement agency or a state agency.
(11) Any firearm or firearm accessory that is designed to launch explosive projectiles.
(12) “Flashbang” grenades and explosive breaching tools, “tear gas,” and “pepper balls,” excluding standard, service-issued handheld pepper spray.
(13) Taser Shockwave, microwave weapons, water cannons, and the Long Range Acoustic Device (LRAD).
(14) The following projectile launch platforms and their associated munitions: 40mm projectile launchers, “bean bag,” rubber bullet, and specialty impact munition (SIM) weapons.
(15) Any other equipment as determined by a governing body or a state agency to require additional oversight.
(16) Notwithstanding paragraphs (1) through (15), “military equipment” does not include general equipment not designated as prohibited or controlled by the federal Defense Logistics Agency.
(d) “Military equipment use policy” means a publicly released, written document governing the use of military equipment by a law enforcement agency or a state agency that addresses, at a minimum, all of the following:
(1) A description of each type of military equipment, the quantity sought, its capabilities, expected lifespan, and product descriptions from the manufacturer of the military equipment.
(2) The purposes and authorized uses for which the law enforcement agency or the state agency proposes to use each type of military equipment.
(3) The fiscal impact of each type of military equipment, including the initial costs of obtaining the equipment and estimated annual costs of maintaining the equipment.
(4) The legal and procedural rules that govern each authorized use.
(5) The training, including any course required by the Commission on Peace Officer Standards and Training, that must be completed before any officer, agent, or employee of the law enforcement agency or the state agency is allowed to use each specific type of military equipment to ensure the full protection of the public’s welfare, safety, civil rights, and civil liberties and full adherence to the military equipment use policy.
(6) The mechanisms to ensure compliance with the military equipment use policy, including which independent persons or entities have oversight authority, and, if applicable, what legally enforceable sanctions are put in place for violations of the policy.
(7) For a law enforcement agency, the procedures by which members of the public may register complaints or concerns or submit questions about the use of each specific type of military equipment, and how the law enforcement agency will ensure that each complaint, concern, or question receives a response in a timely manner.
(e) “State agency” means the law enforcement division of every state office, officer, department, division, bureau, board, and commission or other state body or agency, except those agencies provided for in Article IV (except Section 20 thereof) or Article VI of the California Constitution.
(f) “Type” means each item that shares the same manufacturer model number.

SECTION 1.Section 30510 of the Penal Code is amended to read:
30510.

As used in this chapter and in Sections 16780, 17000, and 27555, “assault weapon” means the following designated semiautomatic firearms:

(a)All of the following specified rifles:

(1)All AK series, including, but not limited to, the models identified as follows:

(A)Made in China AK, AKM, AKS, AK47, AK47S, 56, 56S, 84S, and 86S.

(B)Norinco 56, 56S, 84S, and 86S.

(C)Poly Technologies AKS and AK47.

(D)MAADI AK47 and ARM.

(2)UZI and Galil.

(3)Beretta AR-70.

(4)CETME Sporter.

(5)Colt AR-15 series.

(6)Daewoo K-1, K-2, Max 1, Max 2, AR 100, and AR 110C.

(7)Fabrique Nationale FAL, LAR, FNC, 308 Match, and Sporter.

(8)MAS 223.

(9)HK-91, HK-93, HK-94, and HK-PSG-1.

(10)The following MAC types:

(A)RPB Industries Inc. sM10 and sM11.

(B)SWD Incorporated M11.

(11)SKS with detachable magazine.

(12)SIG AMT, PE-57, SG 550, and SG 551.

(13)Springfield Armory BM59 and SAR-48.

(14)Sterling MK-6.

(15)Steyer AUG.

(16)Valmet M62S, M71S, and M78S.

(17)Armalite AR-180.

(18)Bushmaster Assault Rifle.

(19)Calico M-900.

(20)J&R ENG M-68.

(21)Weaver Arms Nighthawk.

(b)All of the following specified pistols:

(1)UZI.

(2)Encom MP-9 and MP-45.

(3)The following MAC types:

(A)RPB Industries Inc. sM10 and sM11.

(B)SWD Incorporated M-11.

(C)Advance Armament Inc. M-11.

(D)Military Armament Corp. Ingram M-11.

(4)Intratec TEC-9.

(5)Sites Spectre.

(6)Sterling MK-7.

(7)Calico M-950.

(8)Bushmaster Pistol.

(c)All of the following specified shotguns:

(1)Franchi SPAS 12 and LAW 12.

(2)Striker 12.

(3)The Streetsweeper type S/S Inc. SS/12.

(d)Any firearm declared to be an assault weapon by the court pursuant to former Section 12276.5, as it read in Section 3 of Chapter 19 of the Statutes of 1989, Section 1 of Chapter 874 of the Statutes of 1990, or Section 3 of Chapter 954 of the Statutes of 1991, which is specified as an assault weapon in a list promulgated pursuant to former Section 12276.5, as it read in Section 3 of Chapter 954 of the Statutes of 1991.

(e)This section is declaratory of existing law and a clarification of the law and the Legislature’s intent, which bans the weapons enumerated in this section, the weapons included in the list promulgated by the Attorney General pursuant to former Section 12276.5, as it read in Section 3 of Chapter 954 of the Statutes of 1991, and any other models that are only variations of those weapons with minor differences, regardless of the manufacturer. The Legislature has defined assault weapons as the types, series, and models listed in this section because it was the most effective way to identify and restrict a specific class of semiautomatic weapons.

(f)As used in this section, “series” includes all other models that are only variations, with minor differences, of those models listed in subdivision (a), regardless of the manufacturer.