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 wouldbegin delete defineend deletebegin insert
limitend insert “person”begin delete asend deletebegin insert toend insert 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 Sectionsbegin insert 16790,end insert 17505,begin insert andend insert 30600,begin delete and “person” means an individual, partnership, corporation,
430615,end delete
5limited liability company, association, or any other group or entity,
6regardless of how it was created.
7(b) As used inbegin delete Section 16790 andend delete Chapter 2 (commencing with
8Section 30500) of Division 10 of Title 4, except forbegin delete Sectionsend delete
9begin insert
Section end insert 30600begin delete and 30615,end delete
“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
P3 1Department of Justice in the same manner as specified in Article
23 (commencing with Section 32650) of Chapter 6.
3(c) Any person who wishes to acquire an assault weapon after
4January 1, 1990, or a .50 BMG rifle after January 1, 2005, shall
5first obtain a permit from the Department of Justice in the same
6manner as specified in Article 3 (commencing with Section 32650)
7of Chapter 6.
8(d) On and after January 1, 2014, no partnership, corporation,
9limited liability company, association, or any other group or entity,
10regardless of how the entity was created, may be issued a permit
11to 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
14Department of Justice shall, for every person to whom a permit is
15issued pursuant to this article, annually conduct an inspection for
16security and safe storage purposes, and to reconcile the inventory
17of assault weapons.
18(b) A person, firm, or corporation with an inventory of fewer
19than five devices that require any Department of Justice permit
20shall be subject to an inspection for security and safe storage
21purposes, and to reconcile inventory, once every five years, or
22more 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
25the possession, manufacture, and transportation or possession,
26manufacture, or transportation of machineguns, upon a satisfactory
27showing that good cause exists for the issuance of the permit to
28the applicant. No permit shall be issued to a person who is under
2918 years of age.
30(b) A permit for possession issued pursuant to this section may
31only be issued to an individual, and may not be issued to a
32partnership, corporation, limited liability company, association,
33or any other group or entity, regardless of how that entity was
34created.
No reimbursement is required by this act pursuant to
36Section 6 of Article XIII B of the California Constitution because
37the only costs that may be incurred by a local agency or school
38district will be incurred because this act creates a new crime or
39infraction, eliminates a crime or infraction, or changes the penalty
40for a crime or infraction, within the meaning of Section 17556 of
P4 1the Government Code, or changes the definition of a crime within
2the meaning of Section 6 of Article XIII B of the California
3Constitution.
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