AB 170, as amended, 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.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.
The people of the State of California do enact as follows:
Section 16970 of the Penal Code is amended to
2read:
(a) As used in Sections 17505, 30600, and 30615,
4“person” means an individual, partnership, corporation, limited
5liability company, association, or any other group or entity,
6regardless of how it was created.
7(b) As used in Sectionbegin delete 16970end deletebegin insert 16790end insert and Chapter 2 (commencing
8with Section 30500) of Division 10 of Title 4, except for Sections
930600 and 30615, “person” means an individual.
Section 31000 of the Penal Code is amended to read:
(a) Any person who lawfully acquired an assault
12weapon before June 1, 1989, or a .50 BMG rifle before January
131, 2005, and wishes to use it in a manner different than specified
14in Section 30945 shall first obtain a permit from the Department
15of Justice in the same manner as specified in Article 3
16(commencing with Section 32650) of Chapter 6.
17(b) Any person who lawfully acquired an assault weapon
18between June 1, 1989, and January 1, 1990, and wishes to keep it
19after January 1, 1990, shall first obtain a permit from the
20Department of Justice in the same manner as specified in Article
213 (commencing with Section 32650) of Chapter 6.
P3 1(c) Any person who wishes to acquire an assault weapon after
2January 1, 1990, or a .50 BMG rifle after January 1, 2005, shall
3first obtain a permit from the Department of Justice in the same
4manner as specified in Article 3 (commencing with Section 32650)
5of Chapter 6.
6(d) On and after January 1, 2014, no partnership, corporation,
7limited liability company, association, or any other group or entity,
8regardless of how the entity was created, may be issued a permit
9to posses an assault weapon or a .50 BMG rifle.
Section 31110 of the Penal Code is amended to read:
(a) Except as provided in subdivision (b), the
12Department of Justice shall, for every person to whom a permit is
13issued pursuant to this article, annually conduct an inspection for
14security and safe storage purposes, and to reconcile the inventory
15of assault weapons.
16(b) A person, firm, or corporation with an inventory of fewer
17than five devices that require any Department of Justice permit
18shall be subject to an inspection for security and safe storage
19purposes, and to reconcile inventory, once every five years, or
20more frequently if determined by the department.
Section 32650 of the Penal Code is amended to read:
(a) The Department of Justice may issue permits for
23the possession, manufacture, and transportation or possession,
24manufacture, or transportation of machineguns, upon a satisfactory
25showing that good cause exists for the issuance of the permit to
26the applicant. No permit shall be issued to a person who is under
2718 years of age.
28(b) A permit for possession issued pursuant to this section may
29only be issued to an individual, and may not be issued to a
30partnership, corporation, limited liability company, association,
31or any other group or entity, regardless of how that entity was
32created.
No reimbursement is required by this act pursuant to
34Section 6 of Article XIII B of the California Constitution because
35the only costs that may be incurred by a local agency or school
36district will be incurred because this act creates a new crime or
37infraction, eliminates a crime or infraction, or changes the penalty
38for a crime or infraction, within the meaning of Section 17556 of
39the Government Code, or changes the definition of a crime within
P4 1the meaning of Section 6 of Article XIII B of the California
2Constitution.
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