CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill No. 1958

Introduced by Assembly Member Quirk-Silva

January 30, 2018

An act to amend Section 33415 of the Penal Code, relating to firearms.


LEGISLATIVE COUNSEL'S DIGEST


AB 1958, as introduced, Quirk-Silva. Firearms: silencers.
Existing law makes it a felony for any person, firm, or corporation to possess a silencer within this state. Existing law exempts specified actions from those provisions, including the manufacture, possession, transportation, or sale or other transfer of silencers to specified law enforcement agencies and military or naval forces by dealers or manufacturers registered under federal law.
This bill would further exempt the sale or other transfer of silencers in interstate or foreign commerce to a person or entity outside of this state by dealers or manufacturers registered under federal law from the prohibition on possessing silencers, if the sale or other transfer is in accordance with federal law.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 33415 of the Penal Code is amended to read:

33415.
 Section 33410 shall not apply to, or affect, any of the following:
(a) The sale to, purchase by, or possession of silencers by agencies listed in Section 830.1, or the military or naval forces of this state or of the United States, for use in the discharge of their official duties.
(b) The possession of silencers by regular, salaried, full-time peace officers who are employed by an agency listed in Section 830.1, or by the military or naval forces of this state or of the United States, when on duty and when the use of silencers is authorized by the agency and is within the course and scope of their duties.
(c) The manufacture, possession, transportation, or sale or other transfer of silencers to an entity described in subdivision (a) by dealers or manufacturers registered under Chapter 53 (commencing with Section 5801) of Title 26 of the United States Code and the regulations issued pursuant thereto.
(d) The sale or other transfer of silencers in interstate or foreign commerce to a person or entity outside of the state by dealers or manufacturers described in subdivision (c) when the sale or other transfer is in accordance with federal law.