BILL NUMBER: AB 170	ENROLLED
	BILL TEXT

	PASSED THE SENATE  SEPTEMBER 11, 2013
	PASSED THE ASSEMBLY  SEPTEMBER 11, 2013
	AMENDED IN SENATE  MAY 29, 2013
	AMENDED IN ASSEMBLY  MARCH 20, 2013

INTRODUCED BY   Assembly Member Bradford

                        JANUARY 24, 2013

   An act to amend Sections 16970, 31000, 31110, and 32650 of the
Penal Code, relating to assault weapons and .50 BMG rifles.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 170, 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 limit "person" to 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, among other things, 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. 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.



THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 16970 of the Penal Code is amended to read:
   16970.  (a) As used in Sections 16790, 17505, and 30600, "person"
means an individual, partnership, corporation, limited liability
company, association, or any other group or entity, regardless of how
it was created.
   (b) As used in Chapter 2 (commencing with Section 30500) of
Division 10 of Title 4, except for Section 30600 "person" means an
individual.
  SEC. 2.  Section 31000 of the Penal Code is amended to read:
   31000.  (a) Any person who lawfully acquired an assault weapon
before June 1, 1989, or a .50 BMG rifle before January 1, 2005, and
wishes to use it in a manner different than specified in Section
30945 shall first obtain a permit from the Department of Justice in
the same manner as specified in Article 3 (commencing with Section
32650) of Chapter 6.
   (b) Any person who lawfully acquired an assault weapon between
June 1, 1989, and January 1, 1990, and wishes to keep it after
January 1, 1990, shall first obtain a permit from the Department of
Justice in the same manner as specified in Article 3 (commencing with
Section 32650) of Chapter 6.
   (c) Any person who wishes to acquire an assault weapon after
January 1, 1990, or a .50 BMG rifle after January 1, 2005, shall
first obtain a permit from the Department of Justice in the same
manner as specified in Article 3 (commencing with Section 32650) of
Chapter 6.
   (d) On and after January 1, 2014, no partnership, corporation,
limited liability company, association, or any other group or entity,
regardless of how the entity was created, may be issued a permit to
posses an assault weapon or a .50 BMG rifle.
  SEC. 3.  Section 31110 of the Penal Code is amended to read:
   31110.  (a) Except as provided in subdivision (b), the Department
of Justice shall, for every person to whom a permit is issued
pursuant to this article, annually conduct an inspection for security
and safe storage purposes, and to reconcile the inventory of assault
weapons.
   (b) A person, firm, or corporation with an inventory of fewer than
five devices that require any Department of Justice permit shall be
subject to an inspection for security and safe storage purposes, and
to reconcile inventory, once every five years, or more frequently if
determined by the department.
  SEC. 4.  Section 32650 of the Penal Code is amended to read:
   32650.  (a) The Department of Justice may issue permits for the
possession, manufacture, and transportation or possession,
manufacture, or transportation of machineguns, upon a satisfactory
showing that good cause exists for the issuance of the permit to the
applicant. No permit shall be issued to a person who is under 18
years of age.
   (b) A permit for possession issued pursuant to this section may
only be issued to an individual, and may not be issued to a
partnership, corporation, limited liability company, association, or
any other group or entity, regardless of how that entity was created.

  SEC. 5.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.