HomeMy WebLinkAboutRPT 3 AB 376 08-21-89 NO. 3
; .,~ 8-21-89
Inter- Corn
DATE: August 16, 1989 ~~~F
TO:
FROM:
SUBJECT:
William A. Huston, City Manager
Administrative Services Department
ASSEMBLY BILL 3?6(KLEHS)
RECOMMENDATION:
Pleasure of the City Council
BACKGROUND:
The legislation is attached for Council consideration;
Councilmembers Kelly and Prescott requested that this item be
agendized.
Community and Administrative Services
RAW:kd
Attachment: AB 376
2A AB 376 08/- z89 Page 1
AMENDED IN ASSEMBLY JUNE 20, 1989
AMENDED IN ASSEMBLY MAY 22, 1989
AMENDED IN ASSEMBLY MAY 4, 1989
AMENDED IN ASSEMBLY APRIL 20, 1989
AMENDED IN ASSEMBLY MARCH 27, 1989
In bill text, brackets have special meanin
< > contains added text, and
[ ] contains deleted text.
ASSEMBLY BILL No. 376
Introduced by Assembly Member Klehs
(Principal coauthors: Assembly Members Friedman and Vasconcellos)
(Coauthors: Assembly Members Eastin and Peace)
January 30, 1989
An act to amend Sections 12020 and 12220 of the Penal Code,
relating to weapons. .
LEGISLATIVE COUNSEL'S DIGEST
AB 376, as amended, Klehs.. Weapons: machineguns and detachable
centerfire magazines.
(1) Under existing law, except as provided, it is a felony for any
person in this state to manufacture or cause to be manufactured,
import into the state, keep for sale, or offer or expose for sale, or
give, lend, or possess certain listed weapons, ammunition, and
devices. Existing law also provides that items included in the listing
are nuisances 'and, depending on the particular item, shall be sold or
destroyed by law enforcement officials.
This bill, with limited exceptions, would include a "detachable
centerfire magazine," as defined, in the above list of prohibited
items, thus creating a state=mandated local program by expanding the
~_scope of an existing crime and by including an additional specific
:em which local law enforcement officials would be required to
aispose of under an existing program.
(2) Under existing law, the sale, offer for sale, possession, or
knowing transportation of a machinegun, as defined, and except as
specified, is a felony.
CA AB 376 08/s~/89 Page 2
--
This bill would prohibit the knowing possession, rather than the
possession, of a machinegun.
The bill also would revise the law to provide that the manufacture
of a machinegun and the conversion of a firearm to a machinegun are
also felonies, thus creating a state-mandated local program by
expanding the scope of an existing crime.
(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 for certain costs no reimbursement is
required by this act for a specified reason.
However, the bill would provide that, if the Commission on State
Mandates Claims determines that this bill contains other costs
mandated by the state, reimbursement for those costs shall be made
pursuant to those statutory procedures and, if the statewide cost does
not exceed $1,000,000, shall be payable from the State Mandates Claims
Fund.
Vote: majority. Appropriation: no. Fiscal committee: yes.'
,~tate=mandated local program: yes.
The people of the' State of California do enact as follows:
SECTION 1. Section 12020 of the Penal Code is amended to read:
12020. (a) 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, or possesses any cane gun or
wallet gun, any plastic firearm, any firearm which is not immediately
recognizable as a firearm, any camouflaging firearm container, any
ammunition which contains or consists of any flechette dart, any
bullet containing or carrying an explosive agent, any ballistic knife,
any short=barreled shotgun, any short=barreled rifle, any detachable
centerfire magazines, any metal knuckles, any belt buckle knife, any
leaded cane, any zip gun, any shuriken, any unconventional pistol, any
lipstick case knife, any cane sword, any shobi=zue, any air gauge
knife, any writing pen knife, or any instrument or weapon of the kind
commonly known as a blackjack, slungshot, billy, nunchaku, sandclub,
sap, or sandbag, or who carries concealed upon his or her person any
explosive substance, other than fixed ammunition or who carries
concealed upon his or her person any dirk or dagger, is guilty of a
Celony, and upon conviction shall be punishable by imprisonment in the
aunty jail not exceeding one year or in a state prison. A bullet
containing or carrying an explosive agent is not a destructive device
as that term is used in Section 12301.
(b) Subdivision (a) does not apply to any of the following:
(I) The sale to, purchase by, or possession of short-barreled
=A AB 376 08/.,/89 Page 3
shotguns or short-barreled rifles, by police departments, sheriffs'
offices, city marshals' offices, the California Highway Patrol, the
Department of Justice, or the military or naval forces of this state
or of the United States for use in the discharge of their official
duties or the possession of short-barreled shotguns and short-barreled
rifles by regular, salaried, full-time members of a police department,
sheriff's office, city marshal's office, the California Highway
Patrol, or the Department of Justice when on duty and the use is
authorized by the agency and is within the course and scope of their
duties.
(2) The manufacture, possession, transportation or sale of
short-barreled shotguns or short-barreled rifles when authorized by
the Department of Justice pursuant to Article 6 (commencing with
Section 12095) of this chapter and not in violation of federal law.
(3) The possession of a nunchaku on the premises of a school which
holds a regulatory or business license and teaches the arts of
self-defense.
(4) The manufacture of a nunchaku for sale to, or the sale of a
nunchaku to, a school which holds a regulatory or business license and
teaches the arts of self-defense.
(5) Any antique firearm. For purposes of this section, "antique
firearm" means any firearm not designed or redesigned for using rim
fire or conventional center fire ignition with fixed ammunition and
manufactured in or before 1898 (including any matchlock, flintlock,
percussion cap, or similar type of ignition system or replica thereof,
whether actually manufactured before or after the year 1898) and also
any firearm using fixed ammunition manufactured in or before 1898, for
which ammunition is no longer manufactured in the United States and is
not readily available' in the ordinary channels of commercial trade.
(6) Tracer ammunition manufactured for use in shotguns.
(7) Any firearm or ammunition which is a curio or relic as defined
in Section 178.11 of Title 27 of the Code of Federal Regulations and
which is in the possession of a person permitted to possess such items
pursuant to Chapter 44 (commencing with Section 921) of Title 18 of
the United States Code and the regulations issued pursuant thereto.
Any person prohibited by Section 12021 or 12101 of this code or
Section 8103 of the Welfare and Institutions Code from possessing such
firearms or ammunition who obtains title to such items by bequest or
intestate succession may retain title for not more than one year, but
actual possession of such items at any time shall be punishable
pursuant to Section 12021 or 12101 of this code or Section 8103 of the
Welfare and institutions Code. Within such year the person shall
transfer title to such firearms or ammunition by sale, gift, or other
lisposition. Any person who violates this paragraph is in violation of
subdivision (a).
(8) Any other weapon as defined in subsection (e) of Section 5845
of Title 26 of the United States Code ~nd which is in the vossession
of a person permitted to possess the weapons Pursuant to the federal
Gun Control Act of 1968 (Public Law 90-618), as amended, and the
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.'egulations issued pursuant thereto. Any person prohibited by Section
12021 or 12101 of this code or Section 8103 of the Welfare and
Institutions Code from possessing these weapons who obtains title to
these weapons by bequest or intestate succession may retain title for
not more than one year, but actual possession of these weapons at any
time is punishable pursuant to Section 12021 or 12101 of this code or
Section 8103 of the Welfare and Institutions Code. Within that year
the person shall transfer title to the weapons by sale, gift, or other
disposition. Any person who violates this paragraph is in violation of
subdivision (a). The exemption provided in this subdivision does not
apply to pen guns.
(9) Instruments or devices that are possessed by federal, state,
and local historical societies, museums, and institutional collections
which are open to the public, provided that these instruments or
devices are properly housed, secured from unauthorized handling, and,
if the instrument or device is a firearm, unloaded.
(10) Instruments or devices, other than short-barreled shotguns or
short-barreled rifles, that are possessed or utilized during the
course of a motion picture, television, 'or video production or
entertainment event by an authorized participant therein in the course
of making that production or event or by an authorized employee or
~gent of the entity producing that production or event.
(I I) Instruments or devices, other than short-barreled shotguns or
short-barreled rifles, that are sold by, manufactured by, exposed or
kept for sale by, possessed by, imported by, or lent by persons who
are in the business of selling instruments or devices listed in
subdivision (a) solely to the entities referred in paragraphs (9) and
(10) when engaging in transactions with those entities.
(12) The sale to, possession of, or purchase of, any weapon,
device, or ammunition, other than a short-barreled rifle or
short-barreled shotgun, by any federal, state, county, city and
county, or city agency that is charged with the enforcement of any law
for use in the discharge of their official duties, or the possession
of any weapon, device, or ammunition, other than short-barreled rifles
and shotguns, when on duty and the use is authorized by the agency and
is within the course and scope of their duties.
(13) Weapons, devices, and ammunition, other than short-barreled
rifles and short-barreled shotguns, that are sold by, manufactured by,
exposed, or kept for sale by, possessed by, imported by, or lent by,
persons who are in the business of selling weapons, devices, and
ammunition listed in subdivision (a) solely to the entities referred
to in paragraph (12) when engaging in transactions with those
(14) The manufacture for, sale to, exposing or keeping for sale to,
~portation of, or lending of, wooden clubs or batons to special
l~olice officers or uniformed security guards authorized to carry any
wooden club or baton pursuant to Section 12002 by entities that are in
the business of selling wooden batons or clubs to special police
officers and uniformed security guards when engaging in transactions
with those persons.
CA AB 376 08, /89 Page 5
(15) The possession of a detachable centerfire magazine, under any
of the following circumstances, by any person:
(A) While< participating in competition events or> on the premises
of, and while practicing shooting on a target range of a public or
private club or organization organized for[ the purpose of practicing ]
[ shooting at targets.]< that purpose.>
(B) While on an established target range which holds a regulatory
or business license for the purpose of< participating in competition
< events or> practicing shooting at that target range.
(C) While on the premises of a shooting club which is licensed
pursuant to the Fish .and Game Code.
(D) When attending any exhibition, display, or educational project
which is aboUt firearms and which is sponsored by, conducted under the
auspices of, or approved by a law enforcement agency or a nationally
or state recognized entity that fosters proficiency in, or promotes
education about, firearms.
(16) The possession of a detachable centerfire magazine by
authorized employees or agents of entities or organizations which are
uationally or state recognized as fostering proficiency in, or
~ducation about, firearms.
(17) The sale or lending of, or the manufacture, importation, or
transportation for the purpose of selling or distributing, detachable
centerfire magazines to any club or organization organized for the
purpose of practicing shooting at targets upon established target
ranges, target ranges holding a business or regulatory license,
shooting clubs licensed pursuant to the Fish and Game Code, or a
nationally or state recognized entity that fosters proficiency in, or
promotes education about, firearms.
(c) (1) As used in this section, "short-barreled shotgun" means any
of the following:
(A) A firearm which is designed or redesigned to fire a fixed
shotgun shell and having a barrel or barrels of less than 18 inches in
length.
(B) A firearm which has an overall length of less than 26 inches
and which is designed or redesigned to fire a fixed shotgun shell.
(C) Any weapon made from a shotgun (whether by alteration,
modification, or otherwise) if that weapon, as modified, has an
overall length of less than 26 inches or a barrel or barrels of less
than 18 inches in length.
(D) Any device which may be readily restored to fire a fixed
shotgun shell which, when so restored, is a device defined in
subparagraphs (A) to (C), inclusive.
(E) Any part, or combination of parts, designed and intended to
convert a device into a device defined in subparagraphs (A) to (C),
CA AB 3?6 08, t89 Page 6
,nclusive, or any combination of parts from which a device defined in
subparagraphs (A) to (C), inclusive, can be readily assembled if those
parts are in the possession or under the control of the same person.
(2) As used in this section, "short-barreled rifle" means any of
the following:
(A) A rifle having a barrel or barrels of less than 16 inches in
length.
(B) A rifle with an overall length of less than 26 inches.
(C) Any weapon made from a rifle (whether by alteration,
modification, or. otherwise) if that weapon as modified has an overall
length of less than 26 inches or a barrel or barrels of less than 16
inches in length.
(D) Any device which may be readily restored to fire a fixed
cartridge which, when so restored, is a device defined in
subparagraphs (A) to (C), inclusive.
(F~) Any part, or combination of parts, designed and intended to
convert a device into a device defined in subparagraphs (A) to (C),
inclusive, or any combination of parts from which a device defined in
,ubparagraphs (A) to (C), inclusive, may be readily assembled if those
parts are in the possession or under the control of the same person.
(3) As used in this section, "nunchaku" means an instrument
consisting of two or more sticks, clubs, bars or rods to be used as
handles, connected by a rope, cord, wire or chain, in the design of a
weapon used in connection with the practice of a system of
self=defense such as karate.
(4) As used in this section, "wallet gun" means any firearm mounted
or enclosed in a case, resembling a wallet, designed to be or capable
of being carried in a pocket or purse, if such firearm may be fired
while mounted or enclosed in such case.
(5) As used in this section, "cane gun" means any firearm mounted
or enclosed in a stick, staff, rod, crutch or similar device, designed
to be or capable of being used as an aid in walking, if such firearm
may be fired while mounted or enclosed therein.
(6) As used in this section, "flechette dart" means a dart, capable
of being fired from a firearm, which measures approximately one inch
in length, with tail fins which take up five-sixteenths of an inch of
the body.
(7) As used in this section, "metal knuckles" means any device or
'nstrument made wholly or partially of metal which is worn for
ourposes of offense or defense in or on the hand and which either
protects the wearer's hand while striking a blow or increases the
force of impact from the blow or injury to the individual receiving
the blow. The metal contained in the device may heir} sur)nnrt tla~. hand
or fist, provide a shield to protect it, or consist of. projections or
studs which would contact the individual receiving a blow.
~A AB 376 08~ ./89 Page 7
(8) As used in this section, "ballistic knife" means a device that
propels a knife-like blade as a projectile by means of a coil spring,
elastic material, or compressed gas. Ballistic knife does not include
any device which propels an arrow or a bolt by means of any common
bow, compound bow, crossbow, or underwater spear gun.
(9) As used in this section, "camouflaging firearm container" means
a container which meets all of the following:
(A) It is designed and intended to enclose a firearm.
(B) It is designed and intended to allow the firing of the enclosed
firearm by external controls while the firearm is in the container.
(C) tt is not readily recognizable as containing a firearm.
"Camouflaging firearm container" does not include any camouflaging
covering used while engaged in lawful hunting or while going to or
returning from a lawful hunting expedition.
(10) As used in this section, "zip gun" means any weapon or device
which meets all of the following criteria:
.
(A) It was not imported as a firearm by an importer licensed
pursuant to Chapter 44 (commencing with Section 921) of Title 44 of
the United States Code and the regulations issued pursuant thereto.
(B) It was not originally designed to be a firearm by a
manufacturer licensed pursuant to Chapter 4,; (commencing with Section
921) of Title 44 of the United States Code and the regulations issued
pursuant thereto.
(C) No tax was paid on the weapon or device nor was an exemption
from paying tax on that weapon or device granted under Section 4181
and subchapters F (commencing with Section 4216) and G (commencing
with Section 4221) of Chapter 32 of Title 26 of the United States
Code, as amended, and the regulations issued pursuant thereto.
(D) It is made or altered to expel a projectile by the force of an
explosion or other form of combustion.
(E) It has a barrel or barrels less than 18 inches in length or an
overall length of less than 26 inches.
(11) As used in this section, "shuriken" means any instrument,
without handles, consisting of a metal plate having three or more
radiating points with one or more sharp edges and designed in the
shape of a polygon, trefoil, cross, star, diamond, or other geometric
hape for use as a weapon for throwing.
(12) As used in this section, "unconventional pistol" means a
pistol or revolver that does not have a rifled bore and has a barrel
or barrels of less than 18 inches in length or has an overall length
of less than 26 inches.
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,13) As used in this section, "belt buckle knife" is a knife which
is made an integral part of a belt buckle and consists of a blade with
a length of at least 21/2 inches.
(14) As used in this section, "lipstick case knife" means a knife
enclosed within and made an integral part of a lipstick case.
(15) As used in this section, "cane sword" means a cane, swagger
stick, stick, staff, rod, pole, umbrella, or similar device, having
concealed within it a blade that may be used as a sword or stiletto.
(16) As used in this section, "shobi-zue" means a staff, crutch,
stick, rod, or pole concealing a knife or blade within it which may be
exposed by a flip of the wrist or by a mechanical action.
(17) As used in this section, "leaded cane" means a staff, crutch,
stick, rod, pole, or similar device, unnaturally weighted with lead.
(18) As used in this section, "air gauge knife" means a device that
appears to be an air gauge but has concealed within it a pointed,
metallic shaft that is designed to be a stabbing instrument which is
exposed by mechanical action or gravity which locks into place when
extended.
.19) As used in this section, "writing pen knife" means a device
that appears to be a writing pen but has concealed within it a
pointed, metallic shaft that is designed to be a stabbing instrument
which is exposed by mechanical action or gravity which locks into
place when extended or the pointed, metallic shaft is exposed by the
removal of the cap or cover on the device.
(20) As used in this section, "rifle" means a weapon designed or
redesigned, made or remade, and intended to be fired from the shoulder
and designed or redesigned and made or remade to use the energy of the
explosive in a fixed cartridge to fire only a single projectile
through a rifled bore for each single pull of the trigger.
(21) As used in this section, "shotgun" means a weapon designed or
redesigned, made or remade, and intended to be fired from the shoulder
and designed or redesigned and made or remade to use the energy of the
explosive in a fixed shotgun shell to fire through a smooth bore
either a number or projectiles (ball shot) or a single projectile for
each pull of the trigger.
(22) As used in this section, "plastic firearm" means any weapon
(including a starter gun) which will or is designed to, or may readily
be converted to, expel a projectile by the action of an explosive, and
which meets one of the following requirements:
.a.) It contains less than 3.7 ounces of electromagnetiCally
_ .,ectable metal.
(B) One of its major components, which includes the barrel, slide,
cylinder, frame, or receiver, does not ~enerate an image that
accurately depicts the shape of the component when subjected to
inspection by X-ray machines commonly used at airports. The purpose of
;A AB 376 08/~., 69 Page 9
.tis requirement is satisfied if the required image results from the
infusion into the component of barium sulfate or other compound.
All firearm detection equipment newly installed in nonfederal
public buildings in this state shall be of a type identified by either
the United States Attorney General, the Secretary of Transportation,
or the Secretary of the Treasury, as appropriate, as available
state-of-the-art equipment capable of detecting a plastic firearm, as
defined, while distinguishing innocuous metal objects likely to be
carried on one's person sufficient for reasonable passage of the
public.
(23) As used in this section, "detachable centerfire magazine"
means a device which meets all of the following criteria:
(A) It is designed or redesigned to be attached to and, to be
detached from, a rifle for purposes of reloading.
(B) It is designed or redesigned to hold more than 10 centerfire
cartridges.
(C) It is designed or redesigned, when attached to a rifle, to feed
.ammunition into that rifle each time a cartridge is discharged from
at rifle.
"Detachable centerfire magazine" shall not include a magazine which
has been permanently altered to hold less than 11 centerfire
cartridges.
(d) Knives carried in sheaths which are worn openly suspended from
the waist of the wearer are not concealed within the meaning of this
section.
SEC. 2. Section 12220 of the Penal Code is amended to read:
12220. Any person, firm or corporation, who within this state
converts a firearm into a machinegun, or who manufactures, sells,
offers for sale, knowingly possesses or knowingly transports a
machinegun, except as provided by this chapter, is guilty of a public
offense and upon conviction thereof shall be punished by imprisonment
in the state prison, or by a fine not to exceed ten thousand dollars
($10,000), or by both such fine and imprisonment.
SEC. 3. No reimbursement is required by this act pursuant to
Section 6 of Article XIIIB of the California Constitution for those
costs which may be incurred by a local agency or school district
because this act creates a new crime or infraction, changes the
definition of a crime or infraction, changes the penalty for a crime
-~-~ infraction, or eliminates a crime or infraction.
However, notwithstanding Section 17610 of the Government Code, if
the Commission on State Mandates determines that this act contains
other costs mandated by the state, reimbursement to local agencies and
school districts for those costs shall be made pursuant to Part 7
CA AB ~7~ 08/1'~, _ Pag~
(co~nencing with Section 17500) of Division 4 of Title 2 of the Government Code. If
the statewide cost of the claim for reimbursement does not exceed one million dollars
($1,000,000), reimburse~t shall be made from the State Mandates Claim Fund.
Notwithstanding Section 17580 of the Government Code, un[ess otherwise specified
in this act, the provisions of this act she[[ become operative on the same day that
the act takes effect pursuant to the California Constitution.
END OF REPORT