BILL NUMBER: SB 1446 INTRODUCED
BILL TEXT
INTRODUCED BY Senator Hancock
FEBRUARY 19, 2016
An act to amend Sections 16350, 16740, 32310, 32400, 32405, 32435,
and 32450 of, and to add Section 32406 to, the Penal Code, relating
to firearms.
LEGISLATIVE COUNSEL'S DIGEST
SB 1446, as introduced, 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) 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 offense,
or by a fine not to exceed $1,000 for the third 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) Existing law creates various exceptions to the crime described
in paragraph (2) 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.
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 accommodating
holding more than 10 rounds of ammunition . The
term phrase does not apply to a feeding
device that has been permanently altered so that it cannot
accommodate 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, but shall not be
construed to include any of the following: 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:
(a)
(1) A feeding device that has been permanently
altered so that it cannot accommodate magazine that
is only of sufficient size to hold no more than 10
rounds. rounds of ammunition.
(b)
(2) A .22 caliber tube ammunition feeding device.
(c)
(3) A tubular magazine that is contained in a
lever-action firearm.
SEC. 3. 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 or lends, 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) 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.
(b)
(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. 4. 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. 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 sworn federal law enforcement
officer who is authorized to carry a firearm in the course and
scope of that officer's duties.
SEC. 6. Section 32406 is added to the Penal Code, to read:
32406. Subdivisions (b) and (c) of Section 32310 do not apply to
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.
SEC. 7. 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. 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. 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.