BILL NUMBER: SB 1446 AMENDED
BILL TEXT
AMENDED IN SENATE MARCH 28, 2016
INTRODUCED BY Senator Hancock
( Coauthors: Senators Hall
and Leno )
( Coauthor: Assembly Member
Bonta )
FEBRUARY 19, 2016
An act to amend Sections 16350, 16740, 32310,
32400, 32405, 32410, 32425, 32430, 32435, and 32450 of,
and to add Section 32406 to, and to repeal
Section 32420 of, the Penal Code, relating to firearms.
LEGISLATIVE COUNSEL'S DIGEST
SB 1446, as amended, Hancock. Firearms: magazine capacity.
(1) Existing law, for purposes pertaining to the ammunition
capacity of certain assault weapons, defines "capacity to accept more
than 10 rounds" to mean capable of accommodating more than 10
rounds, but specifies that this term does not apply to a feeding
device that has been permanently altered so that it cannot
accommodate more than 10 rounds.
This bill would revise that definition to mean capable of holding
more than 10 rounds of ammunition, but not applying to a feeding
device that has been permanently altered so that it cannot hold more
than 10 rounds of ammunition.
(2)
(1) Existing law prohibits the sale, gift, and loan of
a large-capacity magazine. A violation of this prohibition is
punishable as a misdemeanor with specified penalties or as a felony.
Existing law defines "large-capacity magazine" to mean any
ammunition feeding device with the capacity to accept more than 10
rounds, but provides that the definition may not be construed to
include a feeding device that has been permanently altered so that it
cannot accommodate more than 10 rounds.
This bill would include within that definition of
large-capacity magazine a feeding device that had a capacity of more
than 10 rounds of ammunition but has been permanently modified to
hold no more than 10 rounds of ammunition, and would exclude from
that definition a magazine that is only of sufficient size to hold no
more than 10 rounds of ammunition. The bill would,
commencing July 1, 2017, make it an infraction punishable by a fine
not to exceed $100 for the first offense, by a fine not to exceed
$250 for the second 2nd offense,
or and by a fine not to exceed
$1,000 $500 for the third
3rd or subsequent offense, or a misdemeanor
punishable by a fine not to exceed $100 for the first offense, by a
fine not to exceed $250 for the second offense, or by a fine not to
exceed $1,000 for the third or subsequent offense, for a
person to possess any large-capacity magazine, regardless of the date
the magazine was acquired. The bill would require a person in lawful
possession of a large-capacity magazine prior to July 1, 2017, to
dispose of the magazine, as provided.
By creating a new crime, this bill would impose a state-mandated
local program.
(3)
(2) Existing law creates various exceptions to the
crime described in paragraph (2) (1)
above, which include, but are not limited to, the sale of, giving of,
lending of, importation into this state of, or purchase of, any
large-capacity magazine to or by the holder of a special weapons
permit for use as a prop for a motion picture, or any federal, state,
county, city and county, or city agency that is charged with the
enforcement of any law, for use by agency employees in the discharge
of their official duties, whether on or off duty, and where the use
is authorized by the agency and is within the course and scope of
their duties.
This bill would make conforming changes to those exceptions by
including possession of a large-capacity magazine in those
provisions. provisions and would establish additional
exceptions to the crime described in paragraph (1) above,
including exceptions to allow licensed gunsmiths and honorably
retired sworn peace officers to possess a large -capacity
magazine.
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 1. Section 16350 of the Penal Code is
amended to read:
16350. As used in Section 30515, "capacity to accept more than 10
rounds" means capable of holding more than 10 rounds of ammunition.
The phrase does not apply to a feeding device that has been
permanently altered so that it cannot hold more than 10 rounds of
ammunition.
SEC. 2. Section 16740 of the Penal Code is
amended to read:
16740. (a) As used in this part, "large-capacity magazine" means
any ammunition feeding device with the capacity to accept more than
10 rounds. As used in this part, "large-capacity magazine" also
includes a feeding device that had a capacity of more than 10 rounds
of ammunition but has been permanently altered to hold no more than
10 rounds of ammunition.
(b) As used in this part, "large-capacity magazine" does not
include any of the following:
(1) A magazine that is only of sufficient size to hold no more
than 10 rounds of ammunition.
(2) A .22 caliber tube ammunition feeding device.
(3) A tubular magazine that is contained in a lever-action
firearm.
SEC. 3. SECTION 1. Section 32310 of
the Penal Code is amended to read:
32310. (a) Except as provided in Article 2 (commencing with
Section 32400) of this chapter and in Chapter 1 (commencing with
Section 17700) of Division 2 of Title 2, any person in this state who
manufactures or causes to be manufactured, imports into the state,
keeps for sale, or offers or exposes for sale, or who gives,
or lends, buys, or receives any large-capacity
magazine is punishable by imprisonment in a county jail not exceeding
one year or imprisonment pursuant to subdivision (h) of Section
1170.
(b) Except as provided in Article 2 (commencing with Section
32400) of this chapter and in Chapter 1 (commencing with Section
17700) of Division 2 of Title 2, commencing July 1, 2017, any person
in this state who possesses any large-capacity magazine, regardless
of the date the magazine was acquired, is guilty of an infraction
punishable by a fine not to exceed one hundred dollars ($100) upon
the first offense, by a fine not to exceed two hundred fifty dollars
($250) upon the second offense, and by a fine not to exceed
one thousand dollars ($1,000) upon the third or any subsequent
offense, or is guilty of a misdemeanor punishable by a fine not to
exceed one hundred dollars ($100) upon the first offense, by a fine
not to exceed two hundred fifty dollars ($250) upon the second
offense, and by a fine not to exceed one thousand dollars ($1,000)
five hundred dollars ($500) upon the third or
subsequent offense.
(c) A person who, prior to July 1, 2017, legally possesses a
large-capacity magazine shall dispose of that magazine by any of the
following means:
(1) Remove the large-capacity magazine from the state.
(2) Prior to July 1, 2017, sell the large-capacity magazine to a
licensed firearms dealer.
(3) Destroy the large-capacity magazine.
(4) Surrender the large-capacity magazine to a law enforcement
agency for destruction.
(d) For purposes of this section, "manufacturing" includes both
fabricating a magazine and assembling a magazine from a combination
of parts, including, but not limited to, the body, spring, follower,
and floor plate or end plate, to be a fully functioning
large-capacity magazine.
(e) The provisions of this section are cumulative and shall not be
construed as restricting the application of any other law. However,
an act or omission punishable in different ways by different
provisions of this code shall not be punished under more than one
provision.
SEC. 4. SEC. 2. Section 32400 of the
Penal Code is amended to read:
32400. Section 32310 does not apply to the sale of, giving of,
lending of, possession of, importation into this state of, or
purchase of, any large-capacity magazine to or by any federal, state,
county, city and county, or city agency that is charged with the
enforcement of any law, for use by agency employees in the discharge
of their official duties, whether on or off duty, and where the use
is authorized by the agency and is within the course and scope of
their duties.
SEC. 5. SEC. 3. Section 32405 of the
Penal Code is amended to read:
32405. Section 32310 does not apply to the sale to, lending to,
transfer to, purchase by, receipt of, possession of, or importation
into this state of, a large-capacity magazine by a sworn peace
officer, as defined in Chapter 4.5 (commencing with Section 830) of
Title 3 of Part 2, or a sworn federal law enforcement
officer who is authorized to carry a firearm in the course and scope
of that officer's duties.
SEC. 6. SEC. 4. Section 32406 is
added to the Penal Code, to read:
32406. Subdivisions (b) and (c) of Section 32310 do not apply to
an the following:
(a) An individual who honorably
retired from being a sworn peace officer, as defined in Chapter 4.5
(commencing with Section 830) of Title 3 of Part 2, or an individual
who honorably retired from being a sworn federal law enforcement
officer, who was authorized to carry a firearm in the course and
scope of that officer's duties. For purposes of this section,
"honorably retired" has the same meaning as provided in Section
16690.
(b) A federal, state, or local historical society, museum or
institutional society, or museum or institutional collection, that is
open to the public, provided that the large-capacity magazine is
unloaded, properly housed within secured premises, and secured from
unauthorized handling.
(c) A person who finds a large-capacity magazine, if the person is
not prohibited from possessing firearms or ammunition, and possessed
it no longer than necessary to deliver or transport it to the
nearest law enforcement agency.
(d) A forensic laboratory, or an authorized agent or employee
thereof in the course and scope of his or her authorized activities.
(e) The receipt or disposition of a large-capacity magazine by a
trustee of a trust, or an executor or administrator of an estate,
including an estate that is subject to probate, that includes a
large-capacity magazine.
(f) A person lawfully in possession of a firearm that the person
obtained prior to January 1, 2000, if no magazine that holds 10 or
fewer rounds of ammunition is compatible with that firearm and the
person possesses the large-capacity magazine solely for use with that
firearm.
SEC. 5. Section 32410 of the Penal Code
is amended to read:
32410. Section 32310 does not apply to the sale
possession, sale, or purchase of any
large-capacity magazine to or by a person licensed pursuant to
Sections 26700 to 26915, inclusive.
SEC. 6. Section 32420 of the Penal Code
is repealed.
32420. Section 32310 does not apply to the importation of a
large-capacity magazine by a person who lawfully possessed the
large-capacity magazine in the state prior to January 1, 2000,
lawfully took it out of the state, and is returning to the state with
the same large-capacity magazine.
SEC. 7. Section 32425 of the Penal Code
is amended to read:
32425. Section 32310 does not apply to either of the following:
(a) The lending or giving of any large-capacity magazine
to to, or possession of that magazine by, a
person licensed pursuant to Sections 26700 to 26915, inclusive, or to
a gunsmith, for the purposes of maintenance, repair, or modification
of that large-capacity magazine.
(b) The return to its owner of any large-capacity magazine by a
person specified in subdivision (a).
SEC. 8. Section 32430 of the Penal Code
is amended to read:
32430. Section 32310 does not apply to the possession of,
importation into this state of, or sale of, any large-capacity
magazine by a person who has been issued a permit to engage in those
activities pursuant to Section 32315, when those activities are in
accordance with the terms and conditions of that permit.
SEC. 7. SEC. 9. Section 32435 of the
Penal Code is amended to read:
32435. Section 32310 does not apply to any of the following:
(a) The sale of, giving of, lending of, possession of, importation
into this state of, or purchase of, any large-capacity magazine, to
or by any entity that operates an armored vehicle business pursuant
to the laws of this state.
(b) The lending of large-capacity magazines by an entity specified
in subdivision (a) to its authorized employees, and the possession
of those large-capacity magazines by those authorized employees,
while in the course and scope of employment for purposes that pertain
to the entity's armored vehicle business.
(c) The return of those large-capacity magazines to the entity
specified in subdivision (a) by those employees specified in
subdivision (b).
SEC. 8. SEC. 10. Section 32450 of
the Penal Code is amended to read:
32450. Section 32310 does not apply to the purchase or possession
of a large-capacity magazine by the holder of a special weapons
permit issued pursuant to Section 31000, 32650, or 33300, or pursuant
to Article 3 (commencing with Section 18900) of Chapter 1 of
Division 5 of Title 2, or pursuant to Article 4 (commencing with
Section 32700) of Chapter 6 of this division, for any of the
following purposes:
(a) For use solely as a prop for a motion picture, television, or
video production.
(b) For export pursuant to federal regulations.
(c) For resale to law enforcement agencies, government agencies,
or the military, pursuant to applicable federal regulations.
SEC. 9. SEC. 11. 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.