BILL NUMBER: AB 1034	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Nazarian

                        FEBRUARY 22, 2013

   An act to amend Section 16460 of the Penal Code, relating to
weapons.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1034, as introduced, Nazarian. Weapons: destructive device.
   Existing law regulates the ownership and possession of various
weapons, including destructive devices, as defined.
   This bill would make technical, nonsubstantive changes to these
provisions.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


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

  SECTION 1.  Section 16460 of the Penal Code is amended to read:
   16460.  (a) As used in Sections 16510, 16520, and 16780, and in
Chapter 1 (commencing with Section 18710) of Division 5 of Title 2,
"destructive device" includes any of the following weapons:
   (1)  Any   A  projectile containing
 any   an  explosive or incendiary material
or  any  other chemical substance, including, but
not limited to, that which is commonly known as tracer or incendiary
ammunition, except tracer ammunition manufactured for use in
shotguns.
   (2)  Any   A  bomb, grenade, explosive
missile, or similar device or  any   a 
launching device therefor.
   (3)  Any   A  weapon of a caliber
greater than 0.60 caliber  which   that 
fires fixed ammunition, or any ammunition therefor, other than a
shotgun (smooth or rifled bore) conforming to the definition of a
"destructive device" found in subsection (b) of Section 479.11 of
Title 27 of the Code of Federal Regulations, shotgun ammunition
(single projectile or shot), antique rifle, or an antique cannon.
   (4)  Any   A  rocket, rocket-propelled
projectile, or similar device of a diameter greater than 0.60 inch,
or  any   a  launching device therefor, and
 any   a  rocket, rocket-propelled
projectile, or similar device containing  any  
an  explosive or incendiary material or  any 
other chemical substance, other than the propellant for that device,
except those devices as are designed primarily for emergency or
distress signaling purposes.
   (5)  Any   A  breakable container that
contains a flammable liquid with a flashpoint of 150 degrees
Fahrenheit or less and has a wick or similar device capable of being
ignited, other than a device  which   that 
is commercially manufactured primarily for the purpose of
illumination.
   (6)  Any   A  sealed device containing
dry ice (CO2) or other chemically reactive substances assembled for
the purpose of causing an explosion by a chemical reaction.
   (b) A bullet containing or carrying an explosive agent is not a
destructive device as that term is used in subdivision (a).