Bill Text: CA SB249 | 2011-2012 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Assault weapons.

Spectrum: Partisan Bill (Democrat 6-0)

Status: (Engrossed - Dead) 2012-08-16 - Hearing postponed by committee. [SB249 Detail]

Download: California-2011-SB249-Amended.html

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BILL NUMBER: SB 249	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MAY 22, 2012
	AMENDED IN ASSEMBLY  JULY 14, 2011
	AMENDED IN SENATE  APRIL 25, 2011

INTRODUCED BY   Senator Yee
   (Principal coauthor: Assembly Member Ma)

                        FEBRUARY 10, 2011

   An act to  add Section 4132 to the Food and Agricultural
  amend Section 31100 of, to amend, repeal, and add
Section 30800 of, and to add Sections 30527 and 30618 to, the Penal
 Code, relating to  district agricultural associations
  firearms  .



	LEGISLATIVE COUNSEL'S DIGEST


   SB 249, as amended, Yee.  District agricultural
associations: 1-A District Agricultural Association: facilities.
  Firearms: assault weapon conversion kits.  
   Existing law, with certain exceptions, prohibits the possession of
an assault weapon, as defined, and makes violations subject to
criminal penalties.  
   This bill would, commencing July 1, 2013, and with certain
exceptions, prohibit any person from importing, making, selling,
loaning, transferring, or possessing any conversion kit, as defined,
designed to convert certain firearms with a fixed magazine into
firearms with the capacity to accept a detachable magazine and other
features making the firearm an assault weapon and would make
violations subject to criminal penalties. By creating new crimes,
this bill would impose a state-mandated local program.  
   Existing law makes possession of an assault weapon a public
nuisance, authorizes the Attorney General, district attorney, or city
attorney to bring a civil action to enjoin possession of the weapon,
authorizes imposition of a civil fine, and, with certain exceptions,
requires disposition of the weapon by sale at public auction or by
destruction.  
    This bill would, commencing July 1, 2013, make possession of a
conversion kit a public nuisance, would authorize a civil action to
enjoin possession of a conversion kit, would authorize imposition of
a civil fine, and, with certain exceptions, would, similarly, require
disposition of the conversion kit.  
   Existing law authorizes a person to arrange in advance to
relinquish an assault weapon to a police or sheriff's department.
 
   This bill would authorize a person to arrange in advance to
relinquish a conversion kit to a police or sheriff's department.
 
   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.  
   Existing law divides the state into district agricultural
associations for the purposes of, among other things, holding fairs
and expositions exhibiting all of the industries and industrial
enterprises, resources, and products of every kind or nature of the
state with a view toward improving, exploiting, encouraging, and
stimulating those industries. Existing law provides that the 1-A
District Agricultural Association governs the agricultural district
that encompasses the County of San Mateo and the City and County of
San Francisco.  
   This bill would require the 1-A District Agricultural Association,
30 days before final approval of the use of a facility that is owned
or leased by the association by any exhibitor that is not a public
entity, to submit to the City and County of San Francisco, the City
of Daly City, and the San Mateo County Manager a complete and
detailed written description of the proposed event, including a
specified risk assessment. The bill would require the association to
include in the contract with the exhibitor, or as an addendum to a
contract, a provision requiring the exhibitor to assume all financial
liability for the event. The bill would also require that the
exhibitor reimburse the jurisdictions surrounding the facility for
the actual costs of emergency services incurred as a result of or
caused by the event held at the facility. The bill would also require
the association to enforce this bill by requiring a sufficient
security bond or other guarantees from the exhibitor that are
acceptable to the jurisdictions surrounding the facility and the
board of the association. 
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program:  no   yes  .


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

   SECTION 1.    Section 30527 is added to the 
 Penal Code   , to read:  
   30527.  (a) As used in this chapter a "conversion kit" means
either of the following:
   (1) Any combination of parts that, when affixed to a firearm with
a fixed magazine, are designed and intended to convert that firearm
into an assault weapon as defined by one of the following:
   (A) Paragraph (1) of subdivision (a) of Section 30515.
   (B) Paragraph (4) of subdivision (a) of Section 30515.
   (C) Paragraph (7) of subdivision (a) of Section 30515.
   (2) Any part that, when affixed to a firearm with a fixed
magazine, is designed solely and exclusively to convert that firearm
into an assault weapon as defined by one of the following:
   (A) Paragraph (1) of subdivision (a) of Section 30515.
   (B) Paragraph (4) of subdivision (a) of Section 30515.
   (C) Paragraph (7) of subdivision (a) of Section 30515.
   (b) This section shall become operative on July 1, 2013. 
   SEC. 2.    Section 30618 is added to the  
Penal Code   , to read:  
   30618.  (a) No person shall import into this state, make, sell,
loan, transfer or possess a conversion kit.
   (b) For purposes of this article, if more than one conversion kit
is involved in any violation of this article, there shall be a
distinct and separate offense for each violation.
   (c) 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 law shall not be punished under more than one
provision.
   (d) Subdivision (a) shall not apply to or affect any of the
following:
   (1) The sale to, transfer, to or loan to, importation of, or
possession of a conversion kit by the Department of Justice, police
department, sheriffs' offices, marshals' offices, the Department of
Corrections and Rehabilitation, the Department of the California
Highway Patrol, district attorneys' offices, the Department of Fish
and Game, the Department of Parks and Recreation, or the military or
naval forces of this state or of the United States, or any federal
law enforcement agency for use in the discharge of their official
duties.
   (2) The transfer by or loan by the entities listed in paragraph
(1) of a conversion kit to sworn peace officer members of those
agencies for law enforcement purposes.
   (3) The possession of conversion kits by sworn peace officer
members of those agencies specified in paragraph (1) for law
enforcement purposes.
   (4) The manufacture of, possession of, or importation of a
conversion kit by any person who is issued a permit pursuant to
Section 31005.
   (5) The sale by, loan of, or transfer of a conversion kit by a
person who is issued a permit pursuant to Section 31005 to any of the
following:
   (A) Exempt entities listed in paragraph (1).
   (B) Entities and persons who have been issued permits pursuant to
Section 31005.
   (C) Federal military and law enforcement agencies.
   (D) Law enforcement and military agencies of other states.
   (E) Foreign governments and agencies approved by the United States
State Department.
   (6) A person who is the executor or administrator of an estate
that includes a conversion kit that is possessed in accordance with,
and disposed of as authorized by, the probate court, if the
disposition is otherwise permitted by this section.
   (7) The possession of and sale or transfer of a conversion kit by
a person incident to relinquishing the conversion kit pursuant to
Section 31100.
   (8) The transfer by a person authorized to possess a conversion
kit by this section to any licensed gun dealer for the purposes of
servicing or repair from any person who is legally entitled to
possess it pursuant to this section.
   (9) The possession of a conversion kit by any licensed gun dealer
who received the conversion kit pursuant to paragraph (8).
   (10) The transfer of possession of a conversion kit received by
any licensed gun dealer pursuant to paragraph (9) to a gunsmith for
purposes of accomplishing service or repair of that conversion kit. A
transfer is permissible only to the following persons:
   (A) A gunsmith who is in the dealer's employ.
   (B) A gunsmith with whom the dealer has contracted for gunsmithing
services.
   (11) The transfer of possession of any conversion kit by any
person referred to in paragraph (10) to either the licensed gun
dealer from whom it was received or to a person otherwise referred to
in paragraph (10).
   (12) The return of any conversion kit initially received by any
licensed gun dealer pursuant to this section to the person from whom
he or she received it if that recipient is legally entitled to
possess that conversion kit pursuant to this section.
   (e) A violation of this section is punishable as follows:
   (1) Where the person imports into this state, makes, sells, loans,
or transfers a conversion kit, that person shall be punished by a
fine of one thousand dollars ($1,000), imprisonment in a county jail
for a period not to exceed one year, or by both that fine and
imprisonment.
   (2) In all cases not specified in paragraph (1), as a misdemeanor.

   (f) This section shall become operative on July 1, 2013. 
   SEC. 3.    Section 30800 of the   Penal Code
  is amended to read: 
   30800.  (a) (1) Except as provided in Article 2 (commencing with
Section 30600), possession of any assault weapon or of any .50 BMG
rifle in violation of this chapter is a public nuisance, solely for
purposes of this section and subdivision (c) of Section 18005.
   (2) The Attorney General, any district attorney, or any city
attorney, may, in lieu of criminal prosecution, bring a civil action
or reach a civil compromise in any superior court to enjoin the
possession of the assault weapon or .50 BMG rifle that is a public
nuisance.
   (b) Upon motion of the Attorney General, district attorney, or
city attorney, a superior court may impose a civil fine not to exceed
three hundred dollars ($300) for the first assault weapon or .50 BMG
rifle deemed a public nuisance pursuant to subdivision (a) and up to
one hundred dollars ($100) for each additional assault weapon or .50
BMG rifle deemed a public nuisance pursuant to subdivision (a).
   (c) Any assault weapon or .50 BMG rifle deemed a public nuisance
under subdivision (a) shall be destroyed in a manner so that it may
no longer be used, except upon a finding by a court, or a declaration
from the Department of Justice, district attorney, or city attorney
stating that the preservation of the assault weapon or .50 BMG rifle
is in the interest of justice.
   (d) Upon conviction of any misdemeanor or felony involving the
illegal possession or use of an assault weapon, the assault weapon
shall be deemed a public nuisance and disposed of pursuant to
subdivision (c) of Section 18005. 
   (e) This section shall become inoperative on July 1, 2013, and, as
of January 1, 2014, is repealed, unless a later enacted statute,
that becomes operative on or before January 1, 2014, deletes or
extends the dates on which it becomes inoperative and is repealed.

   SEC. 4.    Section 30800 is added to the  
Penal Code  , to read:  
   30800.  (a) (1) Except as provided in Article 2 (commencing with
Section 30600), possession of any assault weapon, any .50 BMG rifle,
or any conversion kit in violation of this chapter is a public
nuisance, solely for purposes of this section and subdivision (c) of
Section 18005.
   (2) The Attorney General, any district attorney, or any city
attorney may, in lieu of criminal prosecution, bring a civil action
or reach a civil compromise in any superior court to enjoin the
possession of the assault weapon, .50 BMG rifle, or conversion kit
that is a public nuisance.
   (b) (1) Upon motion of the Attorney General, district attorney, or
city attorney, a superior court may impose a civil fine not to
exceed three hundred dollars ($300) for the first assault weapon or .
50 BMG rifle deemed a public nuisance pursuant to subdivision (a) and
up to one hundred dollars ($100) for each additional assault weapon
or .50 BMG rifle deemed a public nuisance pursuant to subdivision
(a).
   (2) Upon motion of the Attorney General, district attorney, or
city attorney, a superior court may impose a civil fine not to exceed
one hundred dollars ($100) for the first conversion kit deemed to be
a public nuisance pursuant to subdivision (a) and up to fifty
dollars ($50) for each additional conversion kit deemed to be a
public nuisance pursuant to subdivision (a).
   (c) Any assault weapon, .50 BMG rifle, or conversion kit deemed a
public nuisance under subdivision (a) shall be destroyed in a manner
so that it may no longer be used, except upon a finding by a court,
or a declaration from the Department of Justice, district attorney,
or city attorney stating that the preservation of the assault weapon,
.50 BMG rifle, or conversion kit is in the interest of justice.
   (d) Upon conviction of any misdemeanor or felony involving the
illegal possession or use of an assault weapon, the assault weapon
shall be deemed a public nuisance and disposed of pursuant to
subdivision (c) of Section 18005.
   (e) Upon conviction of any misdemeanor involving the illegal
possession or use of a conversion kit, the conversion kit shall be
deemed a public nuisance and disposed of pursuant to subdivision (c)
of Section 18005.
   (f) This section shall become operative on July 1, 2013. 
   SEC. 5.    Section 31100 of the   Penal Code
  is amended to read: 
   31100.  Any individual may arrange in advance to relinquish an
assault weapon  or   ,  a .50 BMG rifle
 , or a conversion kit  to a police or sheriff's department.
The assault weapon or .50 BMG rifle shall be transported in
accordance with Sections 16850 and 25610.
  SEC.   6.    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.  
  SECTION 1.    Section 4132 is added to the Food
and Agricultural Code, to read:
   4132.  (a) The 1-A District Agricultural Association shall, 30
days before final approval of the use of a facility that is owned or
leased by the 1-A District Agricultural Association by any exhibitor
that is not a public entity, submit to the City and County of San
Francisco, the City of Daly City, and the San Mateo County Manager a
complete and detailed written description of the proposed event. The
written description shall include a risk assessment of possible
financial burdens relative to providing emergency services that may
be placed upon any of the jurisdictions surrounding the facility.
   (b) In the contract between the association and the exhibitor, or
as an addendum to a contract, the 1-A District Agricultural
Association shall include a provision in which the exhibitor assumes
all financial liability for the event held at the facility.
   (c) The exhibitor shall reimburse the jurisdictions surrounding
the facility for the actual costs of emergency services incurred as a
result of or caused by the event held at the facility. The 1-A
District Agricultural Association shall enforce this section by
requiring a sufficient security bond or other guarantees from the
exhibitor that are acceptable to the jurisdictions surrounding the
facility and the board of the 1-A District Agricultural Association.