Bill Text: CA AB48 | 2013-2014 | Regular Session | Chaptered

California Assembly Bill 48 (Prior Session Legislation)

Bill Title: Firearms: large-capacity magazines.

Spectrum: Partisan Bill (Democrat 9-0)

Status: (Passed) 2013-10-11 - Chaptered by Secretary of State - Chapter 728, Statutes of 2013. [AB48 Detail]

Download: California-2013-AB48-Chaptered.html

BILL NUMBER: AB 48	CHAPTERED
	BILL TEXT

	CHAPTER  728
	FILED WITH SECRETARY OF STATE  OCTOBER 11, 2013
	APPROVED BY GOVERNOR  OCTOBER 11, 2013
	PASSED THE SENATE  SEPTEMBER 10, 2013
	PASSED THE ASSEMBLY  SEPTEMBER 11, 2013
	AMENDED IN SENATE  SEPTEMBER 6, 2013
	AMENDED IN SENATE  AUGUST 12, 2013
	AMENDED IN SENATE  JULY 9, 2013
	AMENDED IN SENATE  JUNE 24, 2013
	AMENDED IN ASSEMBLY  MAY 24, 2013
	AMENDED IN ASSEMBLY  MAY 7, 2013
	AMENDED IN ASSEMBLY  APRIL 4, 2013
	AMENDED IN ASSEMBLY  FEBRUARY 4, 2013

INTRODUCED BY   Assembly Member Skinner
   (Coauthors: Assembly Members Alejo, Ammiano, Bloom, Bonta, Ting,
and Williams)
   (Coauthors: Senators De Le�n and Hancock)

                        DECEMBER 20, 2012

   An act to amend Section 32310 of, and to add Section 32311 to, the
Penal Code, relating to firearms.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 48, Skinner. Firearms: large-capacity magazines.
   (1) Except as specified, existing law makes it a crime to
manufacture, import, keep for sale, offer or expose for sale, or give
or lend any large-capacity magazine, and makes a large-capacity
magazine a nuisance. Existing law defines "large-capacity magazine"
to mean any ammunition feeding device with the capacity to accept
more than 10 rounds but excludes, in pertinent part, a feeding device
that has been permanently altered so that the magazine cannot
accommodate more than 10 rounds.
   This bill would make it a misdemeanor, punishable by a fine of not
more than $1,000 or imprisonment in a county jail not to exceed 6
months, or by both that fine and imprisonment, to knowingly
manufacture, import, keep for sale, offer or expose for sale, or
give, lend, buy, or receive any large capacity magazine conversion
kit that is capable of converting an ammunition feeding device into a
large-capacity magazine. The bill would also make it a misdemeanor
or a felony to buy or receive a large-capacity magazine, as
specified. By creating a new crime, this bill would impose a
state-mandated local program.
   (2) This bill would incorporate additional changes to Section
32310 of the Penal Code proposed by SB 396 that would become
operative if this bill and SB 396 are both enacted and this bill is
enacted last.
   (3) 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 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, commencing January 1, 2000,
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, 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) 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.
  SEC. 1.5.  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, 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, 2014, 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), or is
guilty of a misdemeanor punishable by a fine not to exceed one
hundred dollars ($100), by imprisonment in a county jail not to
exceed one year, or by both that fine and imprisonment.
   (c) Any person who, prior to July 1, 2014, 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, 2014, 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.
  SEC. 2.  Section 32311 is added to the Penal Code, to read:
   32311.  (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, commencing January 1, 2014,
any person in this state who knowingly manufactures or causes to be
manufactured, imports into the state, keeps for sale, or offers or
exposes for sale, or who gives, lends, buys, or receives any large
capacity magazine conversion kit is punishable by a fine of not more
than one thousand dollars ($1,000) or imprisonment in a county jail
not to exceed six months, or by both that fine and imprisonment. This
section does not apply to a fully assembled large-capacity magazine,
which is governed by Section 32310.
   (b) For purposes of this section, a "large capacity magazine
conversion kit" is a device or combination of parts of a fully
functioning large-capacity magazine, including, but not limited to,
the body, spring, follower, and floor plate or end plate, capable of
converting an ammunition feeding device into a large-capacity
magazine.
  SEC. 3.  Section 1.5 of this bill incorporates amendments to
Section 32310 of the Penal Code proposed by both this bill and Senate
Bill 396. It shall only become operative if (1) both bills are
enacted and become effective on or before January 1, 2014, (2) each
bill amends Section 32310 of the Penal Code, and (3) this bill is
enacted after Senate Bill 396, in which case Section 1 of this bill
shall not become operative.
  SEC. 4.  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.