ML13242A277
| ML13242A277 | |
| Person / Time | |
|---|---|
| Site: | San Onofre  |
| Issue date: | 08/28/2013 |
| From: | Bauder D Southern California Edison Co |
| To: | Document Control Desk, Office of Nuclear Reactor Regulation |
| References | |
| 42 USC 2201a | |
| Download: ML13242A277 (105) | |
Text
I SOUTHERN CALIFORNIA EDISON An EDISON INTERNATIONAL Company Douglas R. Bauder Site Vice President & Station Manager San Onofre Nuclear Generating Station 10 CFR 50.90 42 USC 2201a August 28, 2013 ATTN: Document Control Desk U. S. Nuclear Regulatory Commission Washington D.C. 20555-0001
Subject:
Docket Nos. 50-361, 50-362 and 72-41 Amendment Applications 264 and 249 Section 161A Preemption Authority San Onofre Nuclear Generating Station Units 2 and 3 and Independent Spent Fuel Storage Installation
Reference:
Nuclear Regulatory Commission (NRC) Order EA-13-092 dated June 5, 2013, subject "Issuance of Order Designating an Interim Class of NRC-Licensed Facilities that Are Eligible to Apply to the Commission for Authorization to Use the Authority Granted Under the Provisions of Section 161A of the Atomic Energy Act of 1954, as Amended and Associated Federal Register Notice"
Dear Sir or Madam:
Order EA-13-092 (Reference) defined the interim class of NRC-licensed facilities that are eligible to apply to the Commission for authorization to use preemption authority under Section 161A of the Atomic Energy Act of 1954, as amended (42 USC 2201a),
and the process to be used for such application.
In accordance with the Reference, Southern California Edison (SCE) hereby applies pursuant to 10 CFR 50.90 for Commission authorization to use Section 161 preemption authority under 42 USC 2201 a.
San Onofre Nuclear Generating Station (SONGS), Docket Nos. 50-361, 50-362 and 72-41, and License Nos. NPF-10 and NPF-15, is within the interim class of facilities designated by the Commission as listed in Attachment 1 of the Reference. of this letter contains the specific application information required by to the Reference. to this letter provides the Description and No Significant Hazards Consideration analysis for the proposed amendment. SCE has determined that there are no significant hazards considerations associated with the proposed Section 161A preemption and that the change is exemptfrom environmental review pursuant to the provisions of 10 CFR 51.22(c)(12).
P.O. Box 128 San Clemente, CA 92672 (949) 368-9275 PAX 89275 Fax: (949) 368-9881 Doug.Bauder@sce.corn A(Jo (
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Document Control Desk August 28, 2013 The proposed amendment is neither exigent nor emergency. SCE requests approval of this license amendment request (LAR) no later than October 31, 2013 to support continued high level of assurance for physical security of SONGS. SCE requests the license amendment be made effective upon NRC issuance.
A Security-Related Information version of this letter was signed and submitted to the NRC on this date.
This letter does not contain any commitments.
If you have any questions or require additional information, please contact Mr. S. D. Root at 949-368-6480.
I declare under penalty of perjury that the foregoing is true and correct.
Executed on:
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Sincerely, : SCE Application for Section 161A Preemption Authority : Evaluation of the Proposed Change cc:
S. A. Reynolds, Regional Administrator, NRC Region IV R. Hall, NRC Project Manager, SONGS Units 2 and 3 B. Benney, NRC Project Manager, SONGS Units 2 and 3 Chris Staab, NRC Project Manager, SONGS ISFSI G. G. Warnick, NRC Senior Resident Inspector, SONGS
ENCLOSURE 1 SCE Application for Section 161A Preemption Authority
Application for Section 161A Preemption Authority Licensee name:
Southern California Edison (SCE)
Facility name:
San Onofre Nuclear Generating Station Units 2 and 3 and Independent Spent Fuel Storage Installation Docket Nos.
50-361, 50-362 and 72-41 License Nos.
/
SCE is applying for Commission authorization to use Section 161A preemption authority under 42 USC 2201a.
San Onofre Nuclear Generating Station (SONGS), Units 2 and 3 and Independent Spent Fuel Storage Installation (ISFSI), is within the interim class of facilities designated by the Commission as listed in Attachment 1 of Order EA-1 3-092.
Preemption authority is requested for both existing and future California state and local laws and regulations restricting possession, use or access to covered weapons by SCE that are necessary in the discharge of official duties by security personnel at SONGS, including:
" Semiautomatic assault rifles with high capacity detachable magazines
" Handguns with high capacity detachable magazines Ammunition for the semiautomatic assault rifles and handguns Training, qualification and certification of security personnel to this Enclosure identifies the existing California state laws and regulations impacting the possession, use or access to covered weapons by SCE for discharge of official duties by security personnel at SONGS to fulfill NRC requirements to provide high assurance for the physical protection of SONGS. to this Enclosure identifies a sample of the proposed California state laws and regulations being considered in the current legislative session of the California Assembly and California Senate that, if enacted, could impact the possession, use or access to covered weapons by SCE for discharge of official duties by security personnel at SONGS to fulfill NRC requirements to provide high assurance for the physical protection of SONGS. to this Enclosure describes the types and calibers of weapons and ammunition feeding devices for which Section 161A preemption authority is necessary, and identifies the specific impacts of the existing and proposed California state laws and regulations on possession, use or access to covered weapons by SCE for discharge of official duties by security personnel at SONGS.
Page 1 of 1
ENCLOSURE1 ATTACHMENT 1 Existing California State Laws and Regulations Impacting the Possession, Use or Access to Covered Weapons Page 1 of 84
ENCLOSURE 1 The existing state laws and regulations for which SCE is requesting stand-alone preemption authority are identified below.
- a. The legal provisions contained within the California Business and Professions Code, Division 3, Chapter 11.5, Private Security Services regarding security officer training and certification that necessitates stand-alone preemption authority are identified below.
(1) California Business and Professions Code, Division 3, Chapter 11.5 California Business and Professions Code, Division 3, Chapter 11.5, (Private Security Services) governs security officer training and certification, and, through its provisions, restricts SCE's ability to fulfill NRC requirements to provide high assurance for the physical protection of SONGS. As such, SCE needs stand-alone preemption authority for the entirety of California Business and Professions Code, Division 3, Chapter 11.5 and any future laws or regulations and revisions thereto enacted by the California state legislature.
SCE identifies below selected portions of various legal provisions from the California Business and Professions Code, Division 3, Chapter 11.5 as specific, pertinent examples of provisions that necessitate stand-alone preemption authority, with certain problematic portions highlighted for ease of reference (
Reference:
http://lecqinfo.legqislature.ca.qov/faces/codes.xhtml searched on June 19, 2013).
7582.1.
(a) A private patrol operator, or operator of a private patrol service, within the meaning of this chapter is a person, other than an armored contract carrier, who, for any consideration whatsoever:
Agrees to furnish, or furnishes, a watchman, guard, patrolperson, or other person to protect persons or property or to prevent the theft, unlawful taking, loss, embezzlement, misappropriation, or concealment of any goods, wares, merchandise, money, bonds, stocks, notes, documents, papers, or property of any kind; or performs the service of a watchman, guard, patrolperson, or other person, for any of these purposes.
(Added by Stats. 1994, Ch. 1285, Sec. 6. Effective January 1, 1995.)
7582.3.
(a) Unless specifically exempted by Section 7582.2, no person shall engage in the business of private patrol operator, as defined in Section 7582.1, unless that person has applied for and received a license to engage in that business pursuant to this chapter.
(b) Any person who violates any provision of this chapter or who conspires with another person to violate any provision of this chapter relating to private patrol operator licensure, or who knowingly engages a nonexempt unlicensed person is Page 2 of 84
ENCLOSURE 1 guilty of a misdemeanor punishable by a fine of five thousand dollars ($5,000) or by imprisonment in the county jail not to exceed one year, or by both that fine and imprisonment.
(Amended by Stats. 1996, Ch. 710, Sec. 4.5. Effective January 1, 1997.)
7583.5.
(a) Every licensee and any person employed and compensated by a licensee, other lawful business or public agency as a security guard or patrolperson, and who in the course of that employment or business carries a firearm, shall complete a course of training in the exercise of the powers to arrest and a course of training in the carrying and use of firearms. This subdivision shall not apply to armored vehicle guards hired prior to January 1, 1977. Armored vehicle guards hired on or after January 1, 1977, shall complete a course of training in the carrying and use of firearms, but shall not be required to complete a course of training in the exercise of the powers to arrest. The course of training in the carrying and use of firearms shall not be required of any employee who is not required or permitted by a licensee to carry or use firearms. The course in the carrying and use of firearms and the course of training in the exercise of the powers to arrest shall meet the standards which shall be prescribed by the Department of Consumer Affairs. The department shall encourage restraint and caution in the use of firearms.
(b) No uniformed employee of a licensee shall carry or use any firearm unless the employee has in his or her possession a valid firearm qualification card.
(Added by Stats. 1994, Ch. 1285, Sec. 6. Effective January 1, 1995.)
7583.12.
(a) No employee of a licensee shall carry or use a firearm unless the employee has in his or her possession both of the following:
(1) A valid guard registration card issued pursuant to this chapter.
(2) A valid firearm qualification card issued pursuant to this chapter.
(Amended by Stats. 2012, Ch. 117, Sec. 1. Effective January 1, 2013.)
7583.22.
(a) A licensee, qualified manager of a licensee, or security guard who, in the course of his or her employment, may be required to carry a firearm shall, prior to carrying a firearm, do both of the following:
(1) Complete a course of training in the carrying and use of firearms.
(2) Receive a firearms qualification card or be otherwise qualified to carry a firearm as provided in Section 7583.12.
(b) A licensee shall not permit an employee to carry or use a loaded or unloaded firearm, whether or not it is serviceable or operative, unless the employee possesses a valid and current firearms qualification card issued by the bureau or is so otherwise qualified to carry a firearm as provided in Section 7583.12.
(c) A pocket card issued by the bureau pursuant to Section 7582.13 may also serve as a firearms qualification card if so indicated on the face of the card.
Page 3 of 84
ENCLOSURE 1 (d) Paragraph (1) of subdivision (a) shall not apply to a peace officer as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, who has successfully completed a course of study in the use of firearms.
(e) This section shall become operative on January 1, 1998.
(Repealed (in Sec. 3.2) and added by Stats. 1997, Ch. 452, Sec. 3.4. Effective September 24, 1997. Section operative January 1, 1998, by its own provisions.)
7583.23.
The bureau shall issue a firearms permit when all of the following conditions are satisfied:
(a) The applicant is a licensee, a qualified manager of a licensee, or a registered uniformed security guard.
(b) A certified firearms training instructor has certified that the applicant has successfully completed a written examination prepared by the bureau and training course in the carrying and use of firearms approved by the bureau.
(c) The applicant has filed with the bureau a classifiable fingerprint card, a completed application for a firearms permit on a form prescribed by the director, dated and signed by the applicant, certifying under penalty of perjury that the information in the application is true and correct.
(d) The bureau has determined, after investigation, that the carrying and use of a firearm by the applicant, in the course of his or her duties, presents no apparent threat to the public safety, or that the carrying and use of a firearm by the applicant is not in violation of the Penal Code.
(e) The applicant has produced evidence to the firearm training facility that he or she is a citizen of the United States or has permanent legal alien status in the United States. Evidence of citizenship or permanent legal alien status shall be that deemed sufficient by the bureau to ensure compliance with federal laws prohibiting possession of firearms by persons unlawfully in the United States and may include, but not be limited to, Department of Justice, Immigration and Naturalization Service Form 1-151 or 1-551, Alien Registration Receipt Card, naturalization documents, or birth certificates evidencing lawful residence or status in the United States.
(f) The application is accompanied by the application fees prescribed in this chapter.
(Added by Stats. 1994, Ch. 1285, Sec. 6. Effective January 1, 1995.)
7583.32.
(a) A firearms qualification card expires two years from the date of issuance, if not renewed. A person who wishes to renew a firearms qualification card shall file an application for renewal at least 60 days prior to the card's expiration. A person whose card has expired shall not carry a firearm until he or she has been issued a renewal card by the bureau.
(b) The bureau shall not renew a firearms qualification card unless all of the following conditions are satisfied:
Page 4 of 84
ENCLOSURE 1 (1) The cardholder has filed with the bureau a completed application for renewal of a firearms qualification card, on a form prescribed by the director, dated and signed by the applicant under penalty of perjury certifying that the information on the application is true and correct.
(2) The applicant has requalified on the range and has successfully passed a written examination based on course content as specified in the firearms training manual approved by the department and taught at a training facility approved by the bureau.
(3) The application is accompanied by a firearms requalification fee as prescribed in this chapter.
(4) The applicant has produced evidence to the firearm training facility, either upon receiving his or her original qualification card or upon filing for renewal of that card, that he or she is a citizen of the United States or has permanent legal alien status in the United States. Evidence of citizenship or permanent legal alien status is that deemed sufficient by the bureau to ensure compliance with federal laws prohibiting possession of firearms by persons unlawfully in the United States and may include, but not be limited to, Department of Justice, Immigration and Naturalization Service Form 1-151 or 1-551, Alien Registration Receipt Card, naturalization documents, or birth certificates evidencing lawful residence or status in the United States.
(c) An expired firearms qualification card may not be renewed. A person with an expired registration is required to apply for a new firearms qualification in the manner required of persons not previously registered. A person whose card has expired shall not carry a firearm until he or she has been issued a new firearms qualification card by the bureau.
(Amended by Stats. 1997, Ch. 401, Sec. 19. Effective January 1, 1998.)
7583.35.
Every licensee, qualified manager, or a registered uniformed security guard, who in the course of his or her employment carries tear gas or any other nonlethal chemical agent, shall complete the required course pursuant to Section 22835 of the Penal Code.
(Amended by Stats. 2010, Ch. 178, Sec. 7. Effective January 1, 2011. Operative January 1, 2012, by Sec. 107 of Ch. 178.)
7583.36.
A licensee shall not permit any employee to carry tear gas or any other nonlethal chemical agent prior to ascertaining that the employee is proficient in the use of tear gas or other nonlethal chemical agent. Evidence of proficiency shall include a certificate from a training facility approved by the Department of Consumer Affairs, Bureau of Security and Investigative Services that the person is proficient in the use of tear gas or any other nonlethal chemical agent.
(Amended by Stats. 2003, Ch. 325, Sec. 3. Effective January 1, 2004.)
Page 5 of 84
ENCLOSURE 1 7585.3.
(a) Any institution, firm, or individual wishing the approval of the bureau to offer the firearms course shall complete an application for certification as a firearms training facility. The application shall be in a form prescribed by the chief and shall include, but not be limited to, the following information:
(1) The name, business address, and telephone number of the institution, firm, or individual.
(2) A detailed description of the places, days, and times the course will be offered.
(3) An estimate of the minimum and maximum class size.
(4) The location and description of the range facilities.
(5) The name or names of the firearms training instructors who will teach the course who have been certified by the bureau, and their certificate numbers, if available.
(b) The application shall be accompanied by the fee prescribed in this chapter.
(Added by Stats. 1994, Ch. 1285, Sec. 6. Effective January 1, 1995.)
7585.5.
(a) Any individual who desires certification by the bureau to instruct a firearms course shall complete an application for a firearms training instructor certificate. An application shall be made on a form provided by the bureau.
(b) An applicant for a firearms training instructor certificate shall meet the following minimum qualifications:
(1) Possess an associate of arts degree in the administration of justice or one year of teaching or training experience in firearms or the equivalent thereof.
(2) Possess a police or security firearms instructor training certificate issued by the National Rifle Association or a firearms instructor training certificate issued by a federal, state, or local agency.
(c) The application shall be accompanied by the fee prescribed in this chapter.
(d) Upon approval by the bureau of an applicant for certification as a firearms training instructor, the chief shall issue to the applicant a "Firearms Training Instructor Certificate." The certificate shall be posted at the training site.
(Added by Stats. 1994, Ch. 1285, Sec. 6. Effective January 1, 1995.)
7585.20.
(a) A firearms training facility certificate, a firearms training instructor certificate, a baton training facility certificate, or a baton training instructor certificate which expires on or after January 1, 1985, shall be placed on a cyclical renewal and shall expire two years following the date of issuance or assigned renewal date. In order to implement the cyclical renewal, the population of licensees mentioned in this section shall be divided into 24 equal groups, the licenses of each group to expire on the last day of each successive month. Notwithstanding any other provision of law, the bureau shall have authority to extend or shorten the first term of licensure following January 1, 1985, and to prorate the required license fee in order to Page 6 of 84
ENCLOSURE 1 implement this cyclical renewal. To renew an unexpired certificate, the certificate holder shall apply for renewal on a form prescribed by the director and pay the renewal fee prescribed by this chapter.
(b) If renewal is granted, evidence of renewal of the certificate that the director may prescribe shall be issued to the certificate holder.
(c) In the event the certificate holder fails to renew his or her training facility certificate, the certificate shall be automatically canceled, but may be reinstated within three years of the date of cancellation upon application for reinstatement and upon the payment of the reinstatement fee provided by this chapter. In the event the certificate holder fails to renew his or her training instructor certificate, the certificate shall be automatically canceled, but may be reinstated within 30 days of the date of cancellation upon application for reinstatement and upon the payment of the reinstatement fee provided by this chapter. Reinstatement of a canceled certificate shall not prohibit the bringing of disciplinary proceedings for any act committed in violation of this chapter during the period the certificate is canceled.
(d) A firearms training facility, a firearms training instructor, a baton training facility, or a baton training instructor whose certificate has not been renewed may obtain a new license only upon compliance with all of the provisions of this article relating to the issuance of an original certificate.
(e) A firearms training facility, firearms training instructor, baton training facility, or a baton training instructor certificate shall not be renewed until any and all fines assessed pursuant to Section 7587.7 and not resolved in accordance with the provisions of that section have been paid.
(Amended by Stats. 1998, Ch. 970, Sec. 18.6. Effective January 1, 1999.)
(2) California Bureau of Security and Investigative Services (BSIS) Implementing Rules In addition to the statutory provisions identified above, the California Bureau of Security and Investigative Services (BSIS) has rules implementing the above statutory requirements. These implementing rules also restrict SCE's ability to maintain sufficient staffing of security officers to fulfill NRC requirements to provide high assurance for the physical protection of SONGS. As such, SCE needs stand-alone preemption authority for these implementing rules and any future rules and revisions thereto enacted by BSIS.
SCE identifies below selected portions of various BSIS implementing rules as specific, pertinent examples of rules that necessitate stand-alone preemption authority.
(
Reference:
http://www.bsis.ca.gov/customer-service/faqs/firearmspermit.shtml)
The BSIS website states that the application process could take up to four to six months to complete, potentially restricting SCE's ability to maintain sufficient staffing of security officers to fulfill NRC requirements to provide high assurance for the physical protection of SONGS:
Page 7 of 84
ENCLOSURE 1
- 3.
How long does the application process take?
The application process takes approximately four to six months to complete.
Also, the BSIS Firearms Training Manual (page19) states:
EXPIRED FIREARM PERMITS NOT VALID NOR RENEWABLE Expired firearm permits are not valid and cannot be renewed. A guard with an expired firearm permit may not carry a firearm while on duty.
If a guard fails to apply for a renewal firearm permit prior to the expiration date on the permit, the guard must apply for a new firearm permit as an initial applicant and may not carry a firearm while on duty until a new firearm permit is issued by the bureau.
As of January 1, 2013, if a guard has successfully renewed the firearm permit but failed to receive an updated permit prior to the expiration date of the old permit, the guard may continue to carry a firearm while on duty ONLY if the guard carries on his or her person a hard copy print out of the bureau's approval of the renewal application from the bureau's internet website and a valid picture identification. (Business and Professions Code Section 7583.12(2)(b)). A guard who has lost his/her permit and has requested a new permit, or a guard who has been granted an initial permit and is waiting to receive it may also carry a firearm while on duty ONLY if the guard carries on his or her person a hard copy print out of the bureau's approval of the renewal application from the bureau's internet website and a valid picture identification.
Any guard who does not comply with these requirements is subject to criminal prosecution and bureau discipline, such as the bureau denial of an application to renew a firearm permit.
Also, the Guard Company employing the guard with an expired firearm permit is subject to bureau discipline.
Finally, the BSIS Firearms Training Manual (page 23) states:
A firearm may be used ONLY if there is an imminent danger of death or serious bodily injury to the guard or to another person and there is no other option available to avoid or neutralize the danger.
Page 8 of 84
ENCLOSURE 1
- b. The legal provisions contained within the California Penal Code, Title 4, Division 6, Chapter 4, Article 1, Section 27500 through 28000 regarding restrictions on firearms purchases per month that necessitate stand-alone preemption authority are identified below.
California Penal Code, Title 4, Division 6, Chapter 4, Article 1, Sections 27500 through 28000 governs the sale, lease, or transfer of firearms, and, through its provisions, restricts the number on firearms purchases per month, restricts SCE's ability to fulfill NRC requirements to provide high assurance for the physical protection of SONGS.
As such, SCE needs stand-alone preemption authority for the entirety of California Penal Code, Title 4, Division 6, Chapter 4, Article 1, Sections 27500 through 28000 and any future laws or regulations and revisions thereto enacted by the California state legislature.
SCE identifies below selected portions of various legal provisions from the California Penal Code, Title 4, Division 6, Chapter 4, Article 1, Sections 27500-28000 as specific, pertinent examples of provisions that necessitate stand-alone preemption authority, with certain problematic portions highlighted for ease of reference
(
Reference:
http://legqinfo.legislature.ca.qov/faces/codes.xhtml searched on June 19, 2013).
CHAPTER 4. Crimes Relating to Sale, Lease, or Transfer of Firearms
[27500.- 28000.]
( Chapter 4 added by Stats. 2010, Ch. 711, Sec. 6.)
ARTICLE 1. Crimes Relating to Sale, Lease, or Transfer of Firearms
[27500.- 27590.]
(Article 1 added by Stats. 2010, Ch. 711, Sec. 6.)
27500.
(a) No person, corporation, or firm shall knowingly sell, supply, deliver, or give possession or control of a firearm to any person within any of the classes prohibited by Chapter 2 (commencing with Section 29800) or Chapter 3 (commencing with Section 29900) of Division 9.
(b) No person, corporation, or dealer shall sell, supply, deliver, or give possession or control of a firearm to anyone whom the person, corporation, or dealer has cause to believe is within any of the classes prohibited by Chapter 2 (commencing with Section 29800) or Chapter 3 (commencing with Section 29900) of Division 9 of this title, or Section 8100 or 8103 of the Welfare and Institutions Code.
(Added by Stats. 2010, Ch. 711, Sec. 6. Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
27505.
Page 9 of 84
ENCLOSURE 1 (a) No person, corporation, or firm shall sell, loan, or transfer a firearm to a minor, nor sell a handgun to an individual under 21 years of age.
(b) Subdivision (a) shall not apply to or affect the following circumstances:
(1) The sale of a handgun, if the handgun is an antique firearm and the sale is to a person at least 18 years of age.
(2) The transfer or loan of a firearm, other than a handgun, to a minor by the minor's parent or legal guardian.
(3) The transfer or loan of a firearm, other than a handgun, to a minor by a grandparent who is not the legal guardian of the minor, if the transfer is done with the express permission of the minor's parent or legal guardian.
(4) The loan of a firearm, other than a handgun, to a minor, with the express permission of the minor's parent or legal guardian, if the loan does not exceed 30 days in duration and is for a lawful purpose.
(5) The loan of a handgun to a minor by the minor's parent or legal guardian, if both of the following requirements are satisfied:
(A) The minor is being loaned the firearm for the purposes of engaging in a lawful, recreational sport, including, but not limited to, competitive shooting, or agricultural, ranching, or hunting activity, or a motion picture, television, or video production, or entertainment or theatrical event, the nature of which involves the use of a firearm.
(B) The duration of the loan does not exceed the amount of time that is reasonably necessary to engage in the lawful, recreational sport, including, but not limited to, competitive shooting, or agricultural, ranching, or hunting activity, or a motion picture, television, or video production, or entertainment or theatrical event, the nature of which involves the use of a firearm.
(6) The loan of a handgun to a minor by a person who is not the minor's parent or legal guardian, if all of the following requirements are satisfied:
(A) The minor is accompanied by the minor's parent or legal guardian when the loan is made, or the minor has the written consent of the minor's parent or legal guardian, which is presented at the time of the loan, or earlier.
(B) The minor is being loaned the firearm for the purpose of engaging in a lawful, recreational sport, including, but not limited to, competitive shooting, or agricultural, ranching, or hunting activity, or a motion picture, television, or video production, or entertainment or theatrical event, the nature of which involves the use of a firearm.
(C) The duration of the loan does not exceed the amount of time that is reasonably necessary to engage in the lawful, recreational sport, including, but not limited to, competitive shooting, or agricultural, ranching, or hunting activity, or a motion picture, television, or video production, or entertainment or theatrical event, the nature of which involves the use of a firearm.
(D) The duration of the loan does not, in any event, exceed 10 days.
(Added by Stats. 2010, Ch. 711, Sec. 6. Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
Page 10 of 84
ENCLOSURE 1 27510.
No person licensed under Sections 26700 to 26915, inclusive, shall sell, supply, deliver, or give possession or control of a handgun to any person under the age of 21 years, or any other firearm to a person under the age of 18 years.
(Added by Stats. 2010, Ch. 711, Sec. 6. Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
27515.
No person, corporation, or dealer shall sell, loan, or transfer a firearm to anyone whom the person, corporation, or dealer knows or has cause to believe is not the actual purchaser or transferee of the firearm, or to anyone who is not the one actually being loaned the firearm, if the person, corporation, or dealer has either of the following:
(a) Knowledge that the firearm is to be subsequently sold, loaned, or transferred to avoid the provisions of Section 27540 or 27545.
(b) Knowledge that the firearm is to be subsequently sold, loaned, or transferred to avoid the requirements of any exemption to the provisions of Section 27540 or 27545.
(Added by Stats. 2010, Ch. 711, Sec. 6. Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
27520.
No person, corporation, or dealer shall acquire a firearm for the purpose of selling, loaning, or transferring the firearm, if the person, corporation, or dealer has either of the following:
(a) In the case of a dealer, intent to violate Section 27510 or 27540.
(b) In any other case, intent to avoid either of the following:
(1) The provisions of Section 27545.
(2) The requirements of any exemption to the provisions of Section 27545.
(Added by Stats. 2010, Ch. 711, Sec. 6. Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
27525.
(a) A dealer shall comply with Section 26905.
(b) A dealer shall comply with Section 26910.
(Added by Stats. 2010, Ch. 711, Sec. 6. Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
27530.
No person shall sell or otherwise transfer ownership in a handgun unless the firearm bears either:
Page 11 of 84
ENCLOSURE 1 (a) The name of the manufacturer, the manufacturer's make or model, and a manufacturer's serial number assigned to that firearm.
(b) The identification number or mark assigned to the firearm by the Department of Justice pursuant to Section 23910.
(Added by Stats. 2010, Ch. 711, Sec. 6. Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
27535.
(a) No person shall make an application to purchase more than one handgun within any 30-day period.
(b) Subdivision (a) shall not apply to any of the following:
(1) Any law enforcement agency.
(2) Any agency duly authorized to perform law enforcement duties.
(3) Any state or local correctional facility.
(4) Any private security company licensed to do business in California.
(5) Any person who is properly identified as a full-time paid peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2, and who is authorized to, and does carry a firearm during the course and scope of employment as a peace officer.
(6) Any motion picture, television, or video production company or entertainment or theatrical company whose production by its nature involves the use of a firearm.
(7) Any person who may, pursuant to Article 2 (commencing with Section 27600),
Article 3 (commencing with Section 27650), or Article 4 (commencing with Section 27700), claim an exemption from the waiting period set forth in Section 27540.
(8) Any transaction conducted through a licensed firearms dealer pursuant to Chapter 5 (commencing with Section 28050).
(9) Any person who is licensed as a collector pursuant to Chapter 44 (commencing with Section 921) of Title 18 of the United States Code and the regulations issued pursuant thereto, and has a current certificate of eligibility issued by the Department of Justice pursuant to Article 1 (commencing with Section 26700) of Chapter 2.
(10) The exchange of a handgun where the dealer purchased that firearm from the person seeking the exchange within the 30-day period immediately preceding the date of exchange or replacement.
(11) The replacement of a handgun when the person's handgun was lost or stolen, and the person reported that firearm lost or stolen prior to the completion of the application to purchase to any local law enforcement agency of the city, county, or city and county in which the person resides.
(12) The return of any handgun to its owner.
(13) A community college that is certified by the Commission on Peace Officer Standards and Training to present the law enforcement academy basic course or other commission-certified law enforcement training.
(Added by Stats. 2010, Ch. 711, Sec. 6. Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
Page 12 of 84
ENCLOSURE 1 27540.
No dealer, whether or not acting pursuant to Chapter 5 (commencing with Section 28050), shall deliver a firearm to a person, as follows:
(a) Within 10 days of the application to purchase, or, after notice by the department pursuant to Section 28220, within 10 days of the submission to the department of any correction to the application, or within 10 days of the submission to the department of any fee required pursuant to Section 28225, whichever is later.
(b) Unless unloaded and securely wrapped or unloaded and in a locked container.
(c) Unless the purchaser, transferee, or person being loaned the firearm presents clear evidence of the person's identity and age to the dealer.
(d) Whenever the dealer is notified by the Department of Justice that the person is prohibited by state or federal law from possessing, receiving, owning, or purchasing a firearm.
(e) No handgun shall be delivered unless the purchaser, transferee, or person being loaned the handgun presents a handgun safety certificate to the dealer.
(f) No handgun shall be delivered whenever the dealer is notified by the Department of Justice that within the preceding 30-day period the purchaser has made another application to purchase a handgun and that the previous application to purchase involved none of the entities specified in subdivision (b) of Section 27535.
(Amended by Stats. 2011, Ch. 745, Sec. 26. Effective January 1, 2012.)
27545.
Where neither party to the transaction holds a dealer's license issued pursuant to Sections 26700 to 26915, inclusive, the parties to the transaction shall complete the sale, loan, or transfer of that firearm through a licensed firearms dealer pursuant to Chapter 5 (commencing with Section 28050).
(Added by Stats. 2010, Ch. 711, Sec. 6. Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
27550.
(a) No person may commit an act of collusion relating to Sections 31610 to 31700, inclusive.
(b) For purposes of this section and Section 26870, collusion may be proven by any one of the following factors:
(1) Answering a test applicant's questions during an objective test relating to firearms safety.
(2) Knowingly grading the examination falsely.
(3) Providing an advance copy of the test to an applicant.
(4) Taking or allowing another person to take the basic firearms safety course for one who is the applicant for a basic firearms safety certificate or a handgun safety certificate.
(5) Allowing another to take the objective test for the applicant, purchaser, or transferee.
Page 13 of 84
ENCLOSURE 1 (6) Using or allowing another to use one's identification, proof of residency, or thumbprint.
(7) Allowing others to give unauthorized assistance during the examination.
(8) Reference to unauthorized materials during the examination and cheating by the applicant.
(9) Providing originals or photocopies of the objective test, or any version thereof, to any person other than as authorized by the department.
(Added by Stats. 2010, Ch. 711, Sec. 6. Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
27555.
(a) (1) Commencing July 1, 2008, a person who is licensed pursuant to Chapter 44 (commencing with Section 921) of Title 18 of the United States Code may not sell, deliver, or transfer a firearm to a person in California who is licensed pursuant to Chapter 44 (commencing with Section 921) of Title 18 of the United States Code unless, prior to delivery, the person intending to sell, deliver, or transfer the firearm obtains a verification number via the Internet for the intended sale, delivery, or transfer, from the Department of Justice.
(2) If Internet service is unavailable to either the department or the licensee due to a technical or other malfunction, or a federal firearms licensee who is located outside of California does not possess a computer or have Internet access, alternate means of communication, including facsimile or telephone, shall be made available for a licensee to obtain a verification number in order to comply with this section.
(b) For every verification number request received pursuant to this section, the department shall determine whether the intended recipient is on the centralized list of firearms dealers pursuant to Section 26715, or the centralized list of exempted federal firearms licensees pursuant to Section 28450, or the centralized list of firearms manufacturers pursuant to Section 29060.
(c) (1) If the department finds after the reviews specified in subdivision (b) that the intended recipient is authorized to receive the firearm shipment, the department shall issue to the inquiring party, a unique verification number for the intended sale, delivery, or transfer. One verification number shall be issued for each sale, delivery, or transfer, which may involve multiple firearms.
(2) In addition to the unique verification number, the department may provide to the inquiring party information necessary for determining the eligibility of the intended recipient to receive the firearm.
(3) The person intending to sell, deliver, or transfer the firearm shall provide the unique verification number to the recipient along with the firearm upon delivery, in a manner to be determined by the department.
(d) If the department finds after the reviews specified in subdivision (b) that the intended recipient is not authorized to receive the firearm shipment, the department shall notify the inquiring party that the intended recipient is ineligible to receive the shipment.
Page 14 of 84
ENCLOSURE 1 (e) The department shall prescribe the manner in which the verification numbers may be requested via the Internet, or by alternate means of communication, such as by facsimile or telephone, including all required enrollment information and procedures.
(Added by Stats. 2010, Ch. 711, Sec. 6. Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
27560.
(a) Within 60 days of bringing a handgun, and commencing January 1, 2014, any firearm, into this state, a personal firearm importer shall do one of the following:
(1) Forward by prepaid mail or deliver in person to the Department of Justice, a report prescribed by the department including information concerning that individual and a description of the firearm in question.
(2) Sell or transfer the firearm in accordance with the provisions of Section 27545 or in accordance with the provisions of an exemption from Section 27545.
(3) Sell or transfer the firearm to a dealer licensed pursuant to Article 1 (commencing with Section 26700) and Article 2 (commencing with Section 26800) of Chapter 2.
(4) Sell or transfer the firearm to a sheriff or police department.
(b) If all of the following requirements are satisfied, the personal firearm importer shall have complied with the provisions of this section:
(1) The personal firearm importer sells or transfers the firearm pursuant to Section 27545.
(2) The sale or transfer cannot be completed by the dealer to the purchaser or transferee.
(3) The firearm can be returned to the personal firearm importer.
(c) (1) The provisions of this section are cumulative and shall not be construed as restricting the application of any other law.
(2) However, an act or omission punishable in different ways by this article and different provisions of the Penal Code shall not be punished under more than one provision.
(d) The department shall conduct a public education and notification program regarding this section to ensure a high degree of publicity of the provisions of this section.
(e) As part of the public education and notification program described in this section, the department shall do all of the following:
(1) Work in conjunction with the Department of Motor Vehicles to ensure that any person who is subject to this section is advised of the provisions of this section, and provided with blank copies of the report described in paragraph (1) of subdivision (a), at the time when that person applies for a California driver's license or registers a motor vehicle in accordance with the Vehicle Code.
(2) Make the reports referred to in paragraph (1) of subdivision (a) available to dealers licensed pursuant to Article 1 (commencing with Section 26700) and Article 2 (commencing with Section 26800) of Chapter 2.
Page 15 of 84
ENCLOSURE 1 (3) Make the reports referred to in paragraph (1) of subdivision (a) available to law enforcement agencies.
(4) Make persons subject to the provisions of this section aware of all of the following:
(A) The report referred to in paragraph (1) of subdivision (a) may be completed at either a law enforcement agency or the licensed premises of a dealer licensed pursuant to Article 1 (commencing with Section 26700) and Article 2 (commencing with Section 26800) of Chapter 2.
(B) It is advisable to do so for the sake of accuracy and completeness of the report.
(C) Before transporting a firearm to a law enforcement agency to comply with subdivision (a), the person should give notice to the law enforcement agency that the person is doing so.
(D) In any event, the handgun should be transported unloaded and in a locked container and a firearm that is not a handgun should be transported unloaded.
(f) Any costs incurred by the department to implement this section shall be absorbed by the department within its existing budget and the fees in the Dealers' Record of Sale Special Account allocated for implementation of subdivisions (d) and (e) of this section pursuant to Section 28235.
(Amended by Stats. 2011, Ch. 745, Sec. 27. Effective January 1, 2012.)
27565.
(a) This section applies in the following circumstances:
(1) A person is licensed as a collector pursuant to Chapter 44 (commencing with Section 921) of Title 18 of the United States Code and the regulations issued pursuant thereto.
(2) The licensed premises of that person are within this state.
(3) The licensed collector acquires, outside of this state, a handgun, and commencing January 1,2014, any firearm.
(4) The licensed collector takes actual possession of that firearm outside of this state pursuant to the provisions of subsection (j) of Section 923 of Title 18 of the United States Code, as amended by Public Law 104-208, and transports the firearm into this state.
(5) The firearm is a curio or relic, as defined in Section 478.11 of Title 27 of the Code of Federal Regulations.
(b) Within five days of transporting a firearm into this state under the circumstances described in subdivision (a), the licensed collector shall report the acquisition of that firearm to the department in a format prescribed by the department.
(Amended by Stats. 2011, Ch. 745, Sec. 28. Effective January 1, 2012.)
27570.
(a) It is the intent of the Legislature that a violation of Section 27560 or 27565 shall not constitute a "continuing offense" and the statute of limitations for commencing a prosecution for a violation of Section 27560 or 27565 commences on the date that the applicable grace period specified in Section 27560 or 27565 expires.
Page 16 of 84
ENCLOSURE 1 (b) Sections 27560 and 27565 shall not apply to a person who reports ownership of a handgun after the applicable grace period specified in Section 27560 or 27565 expires if evidence of that violation arises only as the result of the person submitting the report described in Section 27560 or 27565.
(Added by Stats. 2010, Ch. 711, Sec. 6. Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
27590.
(a) Except as provided in subdivision (b), (c), or (e), a violation of this article is a misdemeanor.
(b) If any of the following circumstances apply, a violation of this article is punishable by imprisonment pursuant to subdivision (h) of Section 1170 for two, three, or four years.
(1) If the violation is of subdivision (a) of Section 27500.
(2) If the defendant has a prior conviction of violating the provisions, other than Section 27535, Section 27560 involving a firearm that is not a handgun, or Section 27565 involving a firearm that is not a handgun, of this article or former Section 12100 of this code, as Section 12100 read at any time from when it was enacted by Section 3 of Chapter 1386 of the Statutes of 1988 to when it was repealed by Section 18 of Chapter 23 of the Statutes of 1994, or Section 8101 of the Welfare and Institutions Code.
(3) If the defendant has a prior conviction of violating any offense specified in Section 29905 or of a violation of Section 32625 or 33410, or of former Section 12560, as that section read at any time from when it was enacted by Section 4 of Chapter 931 of the Statutes of 1965 to when it was repealed by Section 14 of Chapter 9 of the Statutes of 1990, or of any provision listed in Section 16590.
(4) If the defendant is in a prohibited class described in Chapter 2 (commencing with Section 29800) or Chapter 3 (commencing with Section 29900) of Division 9 of this title, or Section 8100 or 8103 of the Welfare and Institutions Code.
(5) A violation of this article by a person who actively participates in a "criminal street gang" as defined in Section 186.22.
(6) A violation of Section 27510 involving the delivery of any firearm to a person who the dealer knows, or should know, is a minor.
(c) If any of the following circumstances apply, a violation of this article shall be punished by imprisonment in a county jail not exceeding one year or pursuant to subdivision (h) of Section 1170, or by a fine not to exceed one thousand dollars
($1,000), or by both that fine and imprisonment.
(1) A violation of Section 27515, 27520, or subdivision (b) of Section 27500.
(2) A violation of Section 27505 involving the sale, loan, or transfer of a handgun to a minor.
(3) A violation of Section 27510 involving the delivery of a handgun.
(4) A violation of subdivision (a), (c), (d), (e), or (f) of Section 27540 involving a handgun.
(5) A violation of Section 27545 involving a handgun.
(6) A violation of Section 27550.
Page 17 of 84
ENCLOSURE 1 (d) If both of the following circumstances apply, an additional term of imprisonment pursuant to subdivision (h) of Section 1170 for one, two, or three years shall be imposed in addition and consecutive to the sentence prescribed.
(1) A violation of Section 27510 or subdivision (b) of Section 27500.
(2) The firearm transferred in violation of Section 27510 or subdivision (b) of Section 27500 is used in the subsequent commission of a felony for which a conviction is obtained and the prescribed sentence is imposed.
(e) (1) A first violation of Section 27535 is an infraction punishable by a fine of fifty dollars ($50).
(2) A second violation of Section 27535 is an infraction punishable by a fine of one hundred dollars ($100).
(3) A third or subsequent violation of Section 27535 is a misdemeanor.
(4) For purposes of this subdivision each application to purchase a handgun in violation of Section 27535 shall be deemed a separate offense.
(Amended (as amended by Stats. 2011, Ch. 15, Sec. 545) by Stats. 2011, Ch. 745, Sec. 29.5. Effective January 1, 2012. Section operative January 1, 2012, pursuant to Stats. 2010, Ch. 711, Sec. 10.)
- c. The legal provisions contained within the California Penal Code, Title 1, Division 2, Sections 16100 through 16970, and Title 4, Division 10, Chapters 2-6, Sections 30500 through 32750, regarding restrictions and registration requirements on semi-automatic assault weapons and high-capacity magazines that necessitate stand-alone preemption authority are identified below.
California Penal Code, Title 1, Division 2, Sections 16100 through 16970, and Title 4, Division 10, Chapters 2-6, Sections 30500 through 32750, provide various restrictions and registration requirements on, among other things, semi-automatic assault weapons and high-capacity magazines, and, through these provisions, restrict SCE's ability to fulfill NRC requirements to provide high assurance for the physical protection of SONGS. As such, SCE needs stand-alone preemption authority for the entirety of California Penal Code, Title 1, Division 2, Sections 16100 through 16970, and Title 4, Division 10, Chapters 2-6, Sections 30500 through 32750, and any future laws or regulations and revisions thereto enacted by the California state legislature.
SCE identifies below selected portions of various legal provisions from California Penal Code, Title 1, Division 2, Sections 16100 through 16970, and Title 4, Division 10, Chapters 2-6, Sections 30500 through 32750, as specific, pertinent examples of provisions that necessitate stand-alone preemption authority, with certain problematic portions highlighted for ease of reference
(
Reference:
http://leqinfo.legislature.ca.gov/faces/codes.xhtml searched on June 19, 2013).
16100.
Use of the term ".50 BMG cartridge" is governed by Section 30525.
Page 18 of 84
ENCLOSURE 1 (Added by Stats. 2010, Ch. 711, Sec. 6. Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
16110.
Use of the term ".50 BMG rifle" is governed by Section 30530.
(Added by Stats. 2010, Ch. 711, Sec. 6. Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
16590.
As used in this part, "generally prohibited weapon" means any of the following:
(a) An air gauge knife, as prohibited by Section 20310.
(b) Ammunition that contains or consists of a flechette dart, as prohibited by Section 30210.
(c) A ballistic knife, as prohibited by Section 21110.
(d) A belt buckle knife, as prohibited by Section 20410.
(e) A bullet containing or carrying an explosive agent, as prohibited by Section 30210.
(f) A camouflaging firearm container, as prohibited by Section 24310.
(g) A cane gun, as prohibited by Section 24410.
(h) A cane sword, as prohibited by Section 20510.
(i) A concealed dirk or dagger, as prohibited by Section 21310.
(j) A concealed explosive substance, other than fixed ammunition, as prohibited by Section 19100.
(k) A firearm that is not immediately recognizable as a firearm, as prohibited by Section 24510.
(I) A large-capacity magazine, as prohibited by Section 32310.
(m) A leaded cane or an instrument or weapon of the kind commonly known as a billy, blackjack, sandbag, sandclub, sap, or slungshot, as prohibited by Section 22210.
(n) A lipstick case knife, as prohibited by Section 20610.
(o) Metal knuckles, as prohibited by Section 21810.
(p) A metal military practice handgrenade or a metal replica handgrenade, as prohibited by Section 19200.
(q) A multiburst trigger activator, as prohibited by Section 32900.
(r) A nunchaku, as prohibited by Section 22010.
(s) A shobi-zue, as prohibited by Section 20710.
(t) A short-barreled rifle or short-barreled shotgun, as prohibited by Section 33215.
(u) A shuriken, as prohibited by Section 22410.
(v) An unconventional pistol, as prohibited by Section 31500.
(w) An undetectable firearm, as prohibited by Section 24610.
(x) A wallet gun, as prohibited by Section 24710.
(y) A writing pen knife, as prohibited by Section 20910.
(z) A zip gun, as prohibited by Section 33600.
Page 19 of 84
ENCLOSURE 1 (Added by Stats. 2010, Ch. 711, Sec. 6. Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
16970.
As used in Sections 16790 and 17505 and in Chapter 2 (commencing with Section 30500) of Division 10 of Title 4, "person" means an individual, partnership, corporation, limited liability company, association, or any other group or entity, regardless of how it was created.
(Added by Stats. 2010, Ch. 711, Sec. 6. Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
CHAPTER 2. Assault weapons and.50 BMG Rifles [30500. - 31115.]
(Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6.)
ARTICLE 1. General Provisions [30500. - 30530.]
(Article I added by Stats. 2010, Ch. 711, Sec. 6.)
30500.
This chapter shall be known as the Roberti-Roos Assault weapons Control Act of 1989 and the.50 Caliber BMG Regulation Act of 2004.
(Added by Stats. 2010, Ch. 711, Sec. 6. Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
30505.
(a) The Legislature hereby finds and declares that the proliferation and use of assault weapons poses a threat to the health, safety, and security of all citizens of this state. The Legislature has restricted the assault weapons specified in Section 30510 based upon finding that each firearm has such a high rate of fire and capacity for firepower that its function as a legitimate sports or recreational firearm is substantially outweighed by the danger that it can be used to kill and injure human beings. It is the intent of the Legislature in enacting this chapter to place restrictions on the use of assault weapons and to establish a registration and permit procedure for their lawful sale and possession. It is not, however, the intent of the Legislature by this chapter to place restrictions on the use of those weapons which are primarily designed and intended for hunting, target practice, or other legitimate sports or recreational activities.
(b) The Legislature hereby finds and declares that the proliferation and use of.50 BMG rifles poses a clear and present terrorist threat to the health, safety, and security of all residents of, and visitors to, this state, based upon findings that those firearms have such a high capacity for long distance and highly destructive firepower that they pose an unacceptable risk to the death and serious injury of human beings, destruction or serious damage of vital public and private buildings, Page 20 of 84
ENCLOSURE 1 civilian, police and military vehicles, power generation and transmission facilities, petrochemical production and storage facilities, and transportation infrastructure. It is the intent of the Legislature in enacting this chapter to place restrictions on the use of these rifles and to establish a registration and permit procedure for their lawful sale and possession.
(Added by Stats. 2010, Ch. 711, Sec. 6. Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
30510.
As used in this chapter and in Sections 16780, 17000, and 27555, "assault weapon" means the following designated semiautomatic firearms:
(a) All of the following specified rifles:
(1) All AK series including, but not limited to, the models identified as follows:
(A) Made in China AK, AKM, AKS, AK47, AK47S, 56, 56S, 84S, and 86S.
(B) Norinco 56, 56S, 84S, and 86S.
(C) Poly Technologies AKS and AK47.
(D) MAADI AK47 and ARM.
(2) UZI and Galil.
(3) Beretta AR-70.
(4) CETME Sporter.
(5) Colt AR-1 5 series.
(6) Daewoo K-I, K-2, Max 1, Max 2, AR 100, and AR 11OC.
(7) Fabrique Nationale FAL, LAR, FNC, 308 Match, and Sporter.
(8) MAS 223.
(9) HK-91, HK-93, HK-94, and HK-PSG-I.
(10) The following MAC types:
(A) RPB Industries Inc. sM10 and sM11.
(B) SWD Incorporated M1 1.
(11)
SKS with detachable magazine.
(12) SIG AMT, PE-57, SG 550, and SG 551.
(13) Springfield Armory BM59 and SAR-48.
(14) Sterling MK-6.
(15) Steyer AUG.
(16) Valmet M62S, M71S, and M78S.
(17) Armalite AR-180.
(18) Bushmaster Assault Rifle.
(19) Calico M-900.
(20) J&R ENG M-68.
(21) Weaver Arms Nighthawk.
(b) All of the following specified pistols:
(1) UZI.
(3) The following MAC types:
(A) RPB Industries Inc. sM10 and sM11.
(B) SWD Incorporated M-1 1.
Page 21 of 84
ENCLOSURE 1 (C) Advance Armament Inc. M-1 1.
(D) Military Armament Corp. Ingram M-1 1.
(4) Intratec TEC-9.
(5) Sites Spectre.
(6) Sterling MK-7.
(7) Calico M-950.
(8) Bushmaster Pistol.
(c) All of the following specified shotguns:
(1) Franchi SPAS 12 and LAW 12.
(2) Striker 12.
(3) The Streetsweeper type S/S Inc. SS/12.
(d) Any firearm declared to be an assault weapon by the court pursuant to former Section 12276.5, as it read in Section 3 of Chapter 19 of the Statutes of 1989, Section 1 of Chapter 874 of the Statutes of 1990, or Section 3 of Chapter 954 of the Statutes of 1991, which is specified as an assault weapon in a list promulgated pursuant to former Section 12276.5, as it read in Section 3 of Chapter 954 of the Statutes of 1991.
(e) This section is declaratory of existing law and a clarification of the law and the Legislature's intent which bans the weapons enumerated in this section, the weapons included in the list promulgated by the Attorney General pursuant to former Section 12276.5, as it read in Section 3 of Chapter 954 of the Statutes of 1991, and any other models that are only variations of those weapons with minor differences, regardless of the manufacturer. The Legislature has defined assault weapons as the types, series, and models listed in this section because it was the most effective way to identify and restrict a specific class of semiautomatic weapons.
(f) As used in this section, "series" includes all other models that are only variations, with minor differences, of those models listed in subdivision (a),
regardless of the manufacturer.
(Added by Stats. 2010, Ch. 711, Sec. 6. Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
30515.
(a) Notwithstanding Section 30510, "assault weapon" also means any of the following:
(1) A semiautomatic, centerfire rifle that has the capacity to accept a detachable magazine and any one of the following:
(A) A pistol grip that protrudes conspicuously beneath the action of the weapon.
(B) A thumbhole stock.
(C) A folding or telescoping stock.
(D) A grenade launcher or flare launcher.
(E) A flash suppressor.
(F) A forward pistol grip.
(2) A semiautomatic, centerfire rifle that has a fixed magazine with the capacity to accept more than 10 rounds.
Page 22 of 84
ENCLOSURE 1 (3) A semiautomatic, centerfire rifle that has an overall length of less than 30 inches.
(4) A semiautomatic pistol that has the capacity to accept a detachable magazine and any one of the following:
(A) A threaded barrel, capable of accepting a flash suppressor, forward handgrip, or silencer.
(B) A second handgrip.
(C) A shroud that is attached to, or partially or completely encircles, the barrel that allows the bearer to fire the weapon without burning the bearer's hand, except a slide that encloses the barrel.
(D) The capacity to accept a detachable magazine at some location outside of the pistol grip.
(5) A semiautomatic pistol with a fixed magazine that has the capacity to accept more than 10 rounds.
(6) A semiautomatic shotgun that has both of the following:
(A) A folding or telescoping stock.
(B) A pistol grip that protrudes conspicuously beneath the action of the weapon, thumbhole stock, or vertical handgrip.
(7) A semiautomatic shotgun that has the ability to accept a detachable magazine.
(8) Any shotgun with a revolving cylinder.
(b) The Legislature finds a significant public purpose in exempting from the definition of "assault weapon" pistols that are designed expressly for use in Olympic target shooting events. Therefore, those pistols that are sanctioned by the International Olympic Committee and by USA Shooting, the national governing body for international shooting competition in the United States, and that were used for Olympic target shooting purposes as of January 1, 2001, and that would otherwise fall within the definition of "assault weapon" pursuant to this section are exempt, as provided in subdivision (c).
(c) "Assault weapon" does not include either of the following:
(1) Any antique firearm.
(2) Any of the following pistols, because they are consistent with the significant public purpose expressed in subdivision (b):
MANUFACTURER MODEL CALIBER BENELLI MP90
.22LR BENELLI MP90
.32 S&W LONG BENELLI MP95
.22LR BENELLI MP95
.32 S&W LONG HAMMERLI 280
.22LR HAMMERLI 280
.32 S&W LONG HAMMERLI SP20
.22LR Page 23 of 84
ENCLOSURE 1 HAMMERLI SP20
.32 S&W LONG PARDINI GPO
.22 SHORT PARDINI GP-SCHUMANN
.22 SHORT PARDINI HP
.32 S&W LONG PARDINI MP
.32 S&W LONG PARDINI SP
.22LR PARDINI SPE
.22LR WALTHER GSP
.22LR WALTHER GSP
.32 S&W LONG WALTHER OSP
.22 SHORT WALTHER OSP-2000
.22 SHORT (3) The Department of Justice shall create a program that is consistent with the purposes stated in subdivision (b) to exempt new models of competitive pistols that would otherwise fall within the definition of "assault weapon" pursuant to this section from being classified as an assault weapon. The exempt competitive pistols may be based on recommendations by USA Shooting consistent with the regulations contained in the USA Shooting Official Rules or may be based on the recommendation or rules of any other organization that the department deems relevant.
(Added by Stats. 2010, Ch. 711, Sec. 6. Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
30520.
(a) The Attorney General shall prepare a description for identification purposes, including a picture or diagram, of each assault weapon listed in Section 30510, and any firearm declared to be an assault weapon pursuant to former Section 12276.5, as it read in Section 3 of Chapter 19 of the Statutes of 1989, Section 1 of Chapter 874 of the Statutes of 1990, or Section 3 of Chapter 954 of the Statutes of 1991, and shall distribute the description to all law enforcement agencies responsible for enforcement of this chapter. Those law enforcement agencies shall make the description available to all agency personnel.
(b) (1) Until January 1, 2007, the Attorney General shall promulgate a list that specifies all firearms designated as assault weapons in former Section 12276, as it read in Section 2 of Chapter 954 of the Statutes of 1991, Section 134 of Chapter 427 of the Statutes of 1992, or Section 19 of Chapter 606 of the Statutes of 1993, or declared to be assault weapons pursuant to former Section 12276.5, as it read Page 24 of 84
ENCLOSURE 1 in Section 3 of Chapter 19 of the Statutes of 1989, Section 1 of Chapter 874 of the Statutes of 1990, or Section 3 of Chapter 954 of the Statutes of 1991. The Attorney General shall file that list with the Secretary of State for publication in the California Code of Regulations. Any declaration that a specified firearm is an assault weapon shall be implemented by the Attorney General who, within 90 days, shall promulgate an amended list which shall include the specified firearm declared to be an assault weapon. The Attorney General shall file the amended list with the Secretary of State for publication in the California Code of Regulations. Any firearm declared to be an assault weapon prior to January 1, 2007, shall remain on the list filed with the Secretary of State.
(2) Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, pertaining to the adoption of rules and regulations, shall not apply to any list of assault weapons promulgated pursuant to this section.
(c) The Attorney General shall adopt those rules and regulations that may be necessary or proper to carry out the purposes and intent of this chapter.
(Added by Stats. 2010, Ch. 711, Sec. 6. Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
30525.
As used in this part, ".50 BMG cartridge" means a cartridge that is designed and intended to be fired from a center fire rifle and that meets all of the following criteria:
(a) It has an overall length of 5.54 inches from the base to the tip of the bullet.
(b) The bullet diameter for the cartridge is from.510 to, and including,.511 inch.
(c) The case base diameter for the cartridge is from.800 inch to, and including,
.804 inch.
(d) The cartridge case length is 3.91 inches.
(Added by Stats. 2010, Ch. 711, Sec. 6. Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
30530.
(a) As used in this part, ".50 BMG rifle" means a center fire rifle that can fire a.50 BMG cartridge and is not already an assault weapon or a machinegun.
(b) A ".50 BMG rifle" does not include any antique firearm, nor any curio or relic as defined in Section 478.11 of Title 27 of the Code of Federal Regulations.
(Added by Stats. 2010, Ch. 711, Sec. 6. Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
CHAPTER 2. Assault weapons and.50 BMG Rifles [30500. - 31115.]
(Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6.)
ARTICLE 2. Unlawful Acts Relating to Assault weapons and.50 BMG Rifles
[30600. - 30675.]
Page 25 of 84
ENCLOSURE 1 (Article 2 added by Stats. 2010, Ch. 711, Sec. 6.)
30600.
(a) Any person who, within this state, manufactures or causes to be manufactured, distributes, transports, or imports into the state, keeps for sale, or offers or exposes for sale, or who gives or lends any assault weapon or any.50 BMG rifle, except as provided by this chapter, is guilty of a felony, and upon conviction shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 for four, six, or eight years.
(b) In addition and consecutive to the punishment imposed under subdivision (a),
any person who transfers, lends, sells, or gives any assault weapon or any.50 BMG rifle to a minor in violation of subdivision (a) shall receive an enhancement of imprisonment pursuant to subdivision (h) of Section 1170 of one year.
(c) Except in the case of a first violation involving not more than two firearms as provided in Sections 30605 and 30610, for purposes of this article, if more than one assault weapon or.50 BMG rifle is involved in any violation of this article, there shall be a distinct and separate offense for each.
(Amended by Stats. 2011, Ch. 15, Sec. 549. Effective April 4, 2011. Amending action operative October 1, 2011, by Sec. 636 of Ch. 15, as amended by Stats.
2011, Ch. 39, Sec. 68. Section operative January 1, 2012, pursuant to Stats. 2010, Ch. 711, Sec. 10.)
30605.
(a) Any person who, within this state, possesses any assault weapon, except as provided in this chapter, shall be punished by imprisonment in a county jail for a period not exceeding one year, or by imprisonment pursuant to subdivision (h) of Section 1170.
(b) Notwithstanding subdivision (a), a first violation of these provisions is punishable by a fine not exceeding five hundred dollars ($500) if the person was found in possession of no more than two firearms in compliance with Section 30945 and the person meets all of the following conditions:
(1) The person proves that he or she lawfully possessed the assault weapon prior to the date it was defined as an assault weapon.
(2) The person has not previously been convicted of a violation of this article.
(3) The person was found to be in possession of the assault weapon within one year following the end of the one-year registration period established pursuant to Section 30900.
(4) The person relinquished the firearm pursuant to Section 31100, in which case the assault weapon shall be destroyed pursuant to Sections 18000 and 18005.
(Amended by Stats. 2011, Ch. 15, Sec. 550. Effective April 4, 201,1. Amending action operative October 1, 2011, by Sec. 636 of Ch. 15, as amended by Stats.
2011, Ch. 39, Sec. 68. Section operative January 1, 2012, pursuant to Stats. 2010, Ch. 711, Sec. 10.)
Page 26 of 84
ENCLOSURE 1 30610.
(a) Any person who, within this state, possesses any.50 BMG rifle, except as provided in this chapter, 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.
(b) Notwithstanding subdivision (a), a first violation of these provisions is punishable by a fine not exceeding five hundred dollars ($500) if the person was found in possession of no more than two firearms in compliance with Section 30905 and the person satisfies all of the following conditions:
(1) The person proves that he or she lawfully possessed the.50 BMG rifle prior to January 1, 2005.
(2) The person has not previously been convicted of a violation of this article.
(3) The person was found to be in possession of the.50 BMG rifle within one year following the end of the.50 BMG rifle registration period established pursuant to Section 30905.
(c) Firearms seized pursuant to this section from persons who meet all of the conditions in paragraphs (1), (2), and (3) of subdivision (b) shall be returned unless the court finds in the interest of public safety, after notice and hearing, that the.50 BMG rifle should be destroyed pursuant to Sections 18000 and 18005. Firearms seized from persons who do not meet the conditions set forth in paragraphs (1),
(2), and (3) of subdivision (b) shall be destroyed pursuant to Sections 18000 and 18005.
(Added by Stats. 2010, Ch. 711, Sec. 6. Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
30615.
Notwithstanding Section 654 or any other provision of law, any person who commits another crime while violating this article may receive an additional, consecutive punishment of one year for violating this article, in addition and consecutive to the punishment, including enhancements, which is prescribed for the other crime.
(Added by Stats. 2010, Ch. 711, Sec. 6. Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
30620.
As used in this chapter, the date a firearm is an assault weapon is the earliest of the following:
(a) The effective date of an amendment to Section 30510 or to former Section 12276 that adds the designation of the specified firearm.
(b) The effective date of the list promulgated pursuant to former Section 12276.5, as that section read in Section 3 of Chapter 954 of the Statutes of 1991, which adds or changes the designation of the specified firearm.
Page 27 of 84
ENCLOSURE 1 (c) January 1, 2000, which was the operative date of former Section 12276.1, as enacted by Section 7 of Chapter 129 of the Statutes of 1999.
(Added by Stats. 2010, Ch. 711, Sec. 6. Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
30625.
Sections 30600, 30605, and 30610 shall not apply to the sale to, purchase by, importation of, or possession of assault weapons or a.50 BMG rifle by the Department of Justice, police departments, 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.
(Added by Stats. 2010, Ch. 711, Sec. 6. Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
30630.
(a) Sections 30605 and 30610 shall not prohibit the possession or use of assault weapons or a.50 BMG rifle by sworn peace officer members of those agencies specified in Section 30625 for law enforcement purposes, whether on or off duty.
(b) (1) Sections 30600, 30605, and 30610 shall not prohibit the sale, delivery, or transfer of an assault weapon or a.50 BMG rifle to, or the possession of an assault weapon or a.50 BMG rifle by, a sworn peace officer member of an agency specified in Section 30625 if the peace officer is authorized by the officer's employer to possess or receive the assault weapon or the.50 BMG rifle. Required authorization is defined as verifiable written certification from the head of the agency, identifying the recipient or possessor of the assault weapon as a peace officer and authorizing that person to receive or possess the specific assault weapon.
(2) For this exemption to apply, in the case of a peace officer who possesses or receives the assault weapon prior to January 1, 2002, the officer shall register the assault weapon on or before April 1, 2002, pursuant to former Section 12285, as it read at any time from when it was enacted by Section 3 of Chapter 19 of the Statutes of 1989, to and including when it was amended by Section 9 of Chapter 129 of the Statutes of 1999. In the case of a peace officer who possesses or receives the assault weapon on or after January 1, 2002, the officer shall, not later than 90 days after possession or receipt, register the assault weapon pursuant to Article 5 (commencing with Section 30900), or pursuant to former Section 12285, as it read at any time from when it was amended by Section 9 of Chapter 129 of the Statutes of 1999 to when it was repealed by the Deadly Weapons Recodification Act of 2010. In the case of a peace officer who possesses or receives a.50 BMG rifle on or before January 1, 2005, the officer shall register the
.50 BMG rifle on or before April 30, 2006. In the case of a peace officer who Page 28 of 84
ENCLOSURE 1 possesses or receives a.50 BMG rifle after January 1, 2005, the officer shall register the.50 BMG rifle not later than one year after possession or receipt.
(3) With the registration, the peace officer shall include a copy of the authorization required pursuant to this subdivision.
(c) Nothing in this article shall be construed to limit or prohibit the sale, delivery, or transfer of an assault weapon or a.50 BMG rifle to, or the possession of an assault weapon or a.50 BMG rifle by, a member of a federal law enforcement agency provided that person is authorized by the employing agency to possess the assault weapon or.50 BMG rifle.
(Added by Stats. 2010, Ch. 711, Sec. 6. Effective January 1, 2011. Operative January 1, 2012, by Sec. lOofCh. 711.)
30635.
Section 30605 shall not apply to the possession of an assault weapon during the 90-day period immediately after the date it was specified as an assault weapon pursuant to former Section 12276.5, as that section read in Section 3 of Chapter 19 of the Statutes of 1989, Section 1 of Chapter 874 of the Statutes of 1990, or Section 3 of Chapter 954 of the Statutes of 1991, or during the one-year period after the date it was defined as an assault weapon pursuant to former Section 12276.1, as that section read at any time from when it was enacted by Section 7 of Chapter 129 of the Statutes of 1999 to when it was repealed by the Deadly Weapons Recodification Act of 2010, if all of the following are applicable:
(a) At the time of the possession in question, the person was eligible under the then-applicable version of former Chapter 2.3 (commencing with Section 12275) of Title 2 of Part 4 to register the particular assault weapon.
(b) The person lawfully possessed the particular assault weapon prior to the date it was specified as an assault weapon pursuant to former Section 12276.5, or prior to the date it was defined as an assault weapon pursuant to former Section 12276.1.
(c) At the time of the possession in question, the person was otherwise in compliance with the then-applicable version of former Chapter 2.3 (commencing with Section 12275) of Title 2 of Part 4.
(Added by Stats. 2010, Ch. 711, Sec. 6. Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
30640.
Section 30610 shall not apply to the possession of a.50 BMG rifle, which was not defined or specified as an assault weapon pursuant to the then-applicable version of the former Chapter 2.3 (commencing with Section 12275) of Title 2 of Part 4 that was added to this code by Section 3 of Chapter 19 of the Statutes of 1989, by any person prior to May 1, 2006, if all of the following are applicable:
(a) At the time of the possession in question, the person was eligible under the then-applicable version of former Chapter 2.3 (commencing with Section 12275) of Title 2 of Part 4 to register that.50 BMG rifle.
(b) The person lawfully possessed the.50 BMG rifle prior to January 1, 2005.
Page 29 of 84
ENCLOSURE 1 (c) At the time of the possession in question, the person was otherwise in compliance with the then-applicable version of former Chapter 2.3 (commencing with Section 12275) of Title 2 of Part 4.
(Added by Stats. 2010, Ch. 711, Sec. 6. Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
30645.
Sections 30600, 30605, and 30610 shall not apply to the manufacture by any person who is issued a permit pursuant to Section 31005 of assault weapons or
.50 BMG rifles for sale to the following:
(a) Exempt entities listed in Section 30625.
(b) Entities and persons who have been issued permits pursuant to Section 31000 or 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.
(f) Entities outside the state who have, in effect, a federal firearms dealer's license solely for the purpose of distribution to an entity listed in subdivisions (c) to (e),
inclusive.
(Added by Stats. 2010, Ch. 711, Sec. 6. Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
30650.
Sections 30600, 30605, and 30610 shall not apply to the sale of assault weapons or.50 BMG rifles by persons who are issued permits pursuant to Section 31005 to any of the following:
(a) Exempt entities listed in Section 30625.
(b) Entities and persons who have been issued permits pursuant to Section 31000 or 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.
(f) Officers described in Section 30630 who are authorized to possess assault weapons or.50 BMG rifles pursuant to Section 30630.
(Added by Stats. 2010, Ch. 711, Sec. 6. Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
Page 30 of 84
ENCLOSURE 1 30655.
(a) Section 30600 shall not apply to a person who is the executor or administrator of an estate that includes an assault weapon or a.50 BMG rifle registered under Article 5 (commencing with Section 30900) or that was possessed pursuant to subdivision (a) of Section 30630 that is disposed of as authorized by the probate court, if the disposition is otherwise permitted by this chapter.
(b) Sections 30605 and 30610 shall not apply to a person who is the executor or administrator of an estate that includes an assault weapon or a.50 BMG rifle registered under Article 5 (commencing with Section 30900) or that was possessed pursuant to subdivision (a) of Section 30630, if the assault weapon or.50 BMG rifle is possessed at a place set forth in subdivision (a) of Section 30945 or as authorized by the probate court.
(Added by Stats. 2010, Ch. 711, Sec. 6. Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
30660.
(a) Section 30600 shall not apply to a person who lawfully possesses and has registered an assault weapon or.50 BMG rifle pursuant to this chapter who lends that assault weapon or.50 BMG rifle to another person, if all the following requirements are satisfied:
(1) The person to whom the assault weapon or.50 BMG rifle is lent is 18 years of age or over and is not prohibited by state or federal law from possessing, receiving, owning, or purchasing a firearm.
(2) The person to whom the assault weapon or.50 BMG rifle is lent remains in the presence of the registered possessor of the assault weapon or.50 BMG rifle.
(3) The assault weapon or.50 BMG rifle is possessed at any of the following locations:
(A) While on a target range that holds a regulatory or business license for the purpose of practicing shooting at that target range.
(B) While on the premises of a target range of a public or private club or organization organized for the purpose of practicing shooting at targets.
(C) While attending any exhibition, display, or educational project that-is about firearms and that 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.
(b) Section 30600 shall not apply to the return of an assault weapon or.50 BMG rifle to the registered possessor, or the lawful possessor, which is lent by that registered or lawful possessor pursuant to subdivision (a).
(c) Sections 30605 and 30610 shall not apply to the possession of an assault weapon or.50 BMG rifle by a person to whom an assault weapon or.50 BMG rifle is lent pursuant to subdivision (a).
(Added by Stats. 2010, Ch. 711, Sec. 6. Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
Page 31 of 84
ENCLOSURE 1 30665.
Sections 30600, 30605, and 30610 shall not apply to the possession and importation of an assault weapon or a.50 BMG rifle into this state by a nonresident if all of the following conditions are met:
(a) The person is attending or going directly to or coming directly from an organized competitive match or league competition that involves the use of an assault weapon or a.50 BMG rifle.
(b) The competition or match is conducted on the premises of one of the following:
(1) A target range that holds a regulatory or business license for the purpose of practicing shooting at that target range.
(2) A target range of a public or private club or organization that is organized for the purpose of practicing shooting at targets.
(c) The match or competition 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.
(d) The assault weapon or.50 BMG rifle is transported in accordance with Section 25610 or Article 3 (commencing with Section 25505) of Chapter 2 of Division 5.
(e) The person is 18 years of age or over and is not in a class of persons prohibited from possessing firearms by virtue of Chapter 2 (commencing with Section 29800) or Chapter 3 (commencing with Section 29900) of Division 9 of this code or Section 8100 or 8103 of the Welfare and Institutions Code.
(Added by Stats. 2010, Ch. 711, Sec. 6. Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
30670.
(a) Section 30600 shall not apply to the importation into this state of an assault weapon or a.50 BMG rifle by the registered owner of that assault weapon or a.50 BMG rifle if it is in accordance with the provisions of Section 30945.
(b) Section 30600 shall not apply during the first 180 days of the 2005 calendar year to the importation into this state of a.50 BMG rifle by a person who lawfully possessed that.50 BMG rifle in this state prior to January 1, 2005.
(Added by Stats. 2010, Ch. 711, Sec. 6. Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
30675.
(a) Sections 30605 and 30610 shall not apply to any of the following persons:
(1) A person acting in accordance with Section 31000 or 31005.
(2) A person who has a permit to possess an assault weapon or a.50 BMG rifle issued pursuant to Section 31000 or 31005 when that person is acting in accordance with Section 31000 or 31005 or Article 5 (commencing with Section 30900).
(b) Sections 30600, 30605, and 30610 shall not apply to any of the following persons:
Page 32 of 84
ENCLOSURE 1 (1) A person acting in accordance with Article 5 (commencing with Section 30900).
(2) A person acting in accordance with Section 31000, 31005, 31050, or 31055.
(c) Sections 30605 and 30610 shall not apply to the registered owner of an assault weapon or a.50 BMG rifle possessing that firearm in accordance with Section 30945.
(Added by Stats. 2010, Ch. 711, Sec. 6. Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
CHAPTER 2. Assault weapons and.50 BMG Rifles [30500. - 31115.]
(Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6.)
ARTICLE 3. SKS Rifles [30710. - 30735.]
(Article 3 added by Stats. 2010, Ch. 711, Sec. 6.)
30710.
Notwithstanding paragraph (11 ) of subdivision (a) of Section 30510, an "SKS rifle" under this article means all SKS rifles commonly referred to as "SKS Sporter" versions, manufactured to accept a detachable AK-47 magazine and imported into this state and sold by a licensed gun dealer, or otherwise lawfully possessed in this state by a resident of this state who is not a licensed gun dealer, between January 1, 1992, and December 19, 1997.
(Added by Stats. 2010, Ch. 711, Sec. 6. Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
30715.
(a) (1) Any person who, or firm, company, or corporation that operated a retail or other commercial firm, company, or corporation, and manufactured, distributed, transported, imported, possessed, possessed for sale, offered for sale, or transferred, for commercial purpose, an SKS rifle in California between January 1, 1992, and December 19, 1997, shall be immune from criminal prosecution under Article 2 (commencing with Section 30600) or former Section 12280.
(2) The immunity provided in this subdivision shall apply retroactively to any person who, or firm, company, or corporation that, is or was charged by complaint or indictment with a violation of former Section 12280 for conduct related to an SKS rifle, whether or not the case of that person, firm, company, or corporation is final.
(b) (1) Any person who possessed, gave, loaned, or transferred an SKS rifle in California between January 1, 1992, and December 19, 1997, shall be immune from criminal prosecution under Article 2 (commencing with Section 30600) or former Section 12280.
(2) The immunity provided in this subdivision shall apply retroactively to any person who was charged by complaint or indictment with a violation of former Section 12280 for conduct related to an SKS rifle, whether or not the case of that person is final.
Page 33 of 84
ENCLOSURE I (c) Any SKS rifle in the possession of any person who, or firm, company, or corporation that, is described in subdivision (a) or (b), shall not be subject to seizure by law enforcement for violation of Article 2 (commencing with Section 30600) or former Section 12280 prior to January 1,2000.
(d) Any person, firm, company, or corporation, convicted under former Section 12280 for conduct relating to an SKS rifle, shall be permitted to withdraw a plea of guilty or nolo contendere, or to reopen the case and assert the immunities provided in this article, if the court determines that the allowance of the immunity is in the interests of justice. The court shall interpret this article liberally to the benefit of the defendant.
(e) For purposes of this section, "former Section 12280" refers to former Section 12280, as added by Section 3 of Chapter 19 of the Statutes of 1989 or as subsequently amended.
(Added by Stats. 2010, Ch. 711, Sec. 6. Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
30720.
(a) Any person, firm, company, or corporation that is in possession of an SKS rifle shall do one of the following on or before January 1, 2000:
(1) Relinquish the SKS rifle to the Department of Justice pursuant to subdivision (h) of former Section 12281.
(2) Relinquish the SKS rifle to a law enforcement agency pursuant to former Section 12288, as added by Section 3 of Chapter 19 of the Statutes of 1989.
(3) Dispose of the SKS rifle as permitted by former Section 12285, as it read in Section 20 of Chapter 23 of the Statutes of 1994.
(b) Any person who has obtained title to an SKS rifle by bequest or intestate succession shall be required to comply with paragraph (1) or (2) of subdivision (a) unless that person otherwise complies with paragraph (1) of subdivision (b) of former Section 12285, as it read in Section 20 of Chapter 23 of the Statutes of 1994, or as subsequently amended.
(c) Any SKS rifle relinquished to the department pursuant to this section shall be in a manner prescribed by the department.
(Added by Stats. 2010, Ch. 711, Sec. 6. Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
30725.
(a) Any person who complies with Section 30720 shall be exempt from the prohibitions set forth in Section 30600 or 30605 for those acts by that person associated with complying with the requirements of Section 30720.
(b) Failure to comply with Section 30720 is a public offense punishable by imprisonment pursuant to subdivision (h) of Section 1170, or in a county jail, not exceeding one year.
(Amended by Stats. 2011, Ch. 15, Sec. 551. Effective April 4, 2011. Amending action operative October 1, 2011, by Sec. 636 of Ch. 15, as amended by Stats.
Page 34 of 84
ENCLOSURE 1 2011, Ch. 39, Sec. 68. Section operative January 1, 2012, pursuant to Stats. 2010, Ch. 711, Sec. 10.)
30730.
(a) (1) The department shall purchase any SKS rifle relinquished pursuant to Section 30720 from funds appropriated for this purpose by the act amending former Section 12281 in the 1997-98 Regular Session of the Legislature or by subsequent budget acts or other legislation.
(2) The department shall adopt regulations for this purchase program that include, but are not limited to, the manner of delivery, the reimbursement to be paid, and the manner in which persons shall be informed of the state purchase program.
(3) Any person who relinquished possession of an SKS rifle to a law enforcement agency pursuant to any version of former Section 12288 prior to the effective date of the purchase program set forth in paragraph (1) shall be eligible to be reimbursed from the purchase program. The procedures for reimbursement pursuant to this paragraph shall be part of the regulations adopted by the department pursuant to paragraph (2).
(b) In addition to the regulations required pursuant to subdivision (a), emergency regulations for the purchase program described in subdivision (a) shall be adopted pursuant to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code.
(Added by Stats. 2010, Ch. 711, Sec. 6. Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
30735.
(a) The Department of Justice shall notify all district attorneys on or before January 31, 1999, of the provisions of former Section 12281.
(b) The department shall identify all criminal prosecutions in the state for conduct related to SKS rifles on or before April 1, 1999. In all cases so identified by the Attorney General, the district attorneys shall inform defense counsel, or the defendant if the defendant is in propria persona, in writing, of the provisions of former Section 12281 on or before May 1, 1999.
(c) Commencing no later than January 1, 1999, the department shall conduct a public education and notification program as described in Section 31115 or in former Section 12289, as added by Section 6 of Chapter 954 of the Statutes of 1991 or as subsequently amended.
(Added by Stats. 2010, Ch. 711, Sec. 6. Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
CHAPTER 2. Assault weapons and.50 BMG Rifles [30500. - 31115.]
( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. )
Page 35 of 84
ENCLOSURE 1 ARTICLE 4. Assault weapon or.50 BMG Rifle Constituting Nuisance
[30800. - 30800.]
(Article 4 added by Stats. 2010, Ch. 711, Sec. 6.)
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.
(Added by Stats. 2010, Ch. 711, Sec. 6. Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
CHAPTER 2. Assault weapons and.50 BMG Rifles [30500. - 31115.)
(Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. )
ARTICLE 5. Registration of Assault weapons and.50 BMG Rifles and Related Rules [30900. - 30965.]
(Article 5 added by Stats. 2010, Ch. 711, Sec. 6.)
30900.
(a) Any person who, prior to June 1, 1989, lawfully possessed an assault weapon, as defined in former Section 12276, as added by Section 3 of Chapter 19 of the Statutes of 1989, shall register the firearm by January 1, 1991, and any person who lawfully possessed an assault weapon prior to the date it was specified as an assault weapon pursuant to former Section 12276.5, as added by Section 3 of Chapter 19 of the Statutes of 1989 or as amended by Section 1 of Chapter 874 of Page 36 of 84
ENCLOSURE 1 the Statutes of 1990 or Section 3 of Chapter 954 of the Statutes of 1991, shall register the firearm within 90 days with the Department of Justice pursuant to those procedures that the department may establish.
(b) Except as provided in Section 30600, any person who lawfully possessed an assault weapon prior to the date it was defined as an assault weapon pursuant to former Section 12276.1, as it read in Section 7 of Chapter 129 of the Statutes of 1999, and which was not specified as an assault weapon under former Section 12276, as added by Section 3 of Chapter 19 of the Statutes of 1989 or as amended at any time before January 1, 2001, or former Section 12276.5, as added by Section 3 of Chapter 19 of the Statutes of 1989 or as amended at any time before January 1, 2001, shall register the firearm by January 1, 2001, with the department pursuant to those procedures that the department may establish.
(c) The registration shall contain a description of the firearm that identifies it uniquely, including all identification marks, the full name, address, date of birth, and thumbprint of the owner, and any other information that the department may deem appropriate.
(d) The department may charge a fee for registration of up to twenty dollars ($20) per person but not to exceed the actual processing costs of the department. After the department establishes fees sufficient to reimburse the department for processing costs, fees charged shall increase at a rate not to exceed the legislatively approved annual cost-of-living adjustment for the department's budget or as otherwise increased through the Budget Act. The fees shall be deposited into the Dealers' Record of Sale Special Account.
(Added by Stats. 2010, Ch. 711, Sec. 6. Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
30905.
(a) Except as provided in Section 30600, any person who lawfully possesses any
.50 BMG rifle prior to January 1, 2005, that is not specified as an assault weapon under former Section 12276, as it reads in Section 19 of Chapter 606 of the Statutes of 1993, or former Section 12276.5, as it reads in Section 3 of Chapter 954 of the Statutes of 1991, or defined as an assault weapon pursuant to former Section 12276.1, as it reads in Section 3 of Chapter 911 of the Statutes of 2002, shall register the.50 BMG rifle with the department no later than April 30, 2006, pursuant to those procedures that the department may establish.
(b) The registration shall contain a description of the firearm that identifies it uniquely, including all identification marks, the full name, address, date of birth, and thumbprint of the owner, and any other information that the department may deem appropriate.
(c) The department may charge a fee for registration of twenty-five dollars ($25) per person to cover the actual processing and public education campaign costs of the department. The fees shall be deposited into the Dealers' Record of Sale Special Account. Data-processing costs associated with modifying the department's data system to accommodate.50 caliber BMG rifles shall not be paid from the Dealers' Record of Sale Special Account.
Page 37 of 84
ENCLOSURE 1 (Added by Stats. 2010, Ch. 711, Sec. 6. Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
30910.
Except as provided in Section 30925, no assault weapon possessed pursuant to this article may be sold or transferred on or after January 1, 1990, to anyone within this state other than to a licensed gun dealer or as provided in Section 31100.
(Added by Stats. 2010, Ch. 711, Sec. 6. Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
30915.
Any person who obtains title to an assault weapon registered under this article or that was possessed pursuant to subdivision (a) of Section 30630 by bequest or intestate succession shall, within 90 days, do one or more of the following:
(a) Render the weapon permanently inoperable.
(b) Sell the weapon to a licensed gun dealer.
(c) Obtain a permit from the Department of Justice in the same manner as specified in Article 3 (commencing with Section 32650) of Chapter 6.
(d) Remove the weapon from this state.
(Added by Stats. 2010, Ch. 711, Sec. 6. Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
30920.
(a) Any person who lawfully possessed a firearm subsequently declared to be an assault weapon pursuant to former Section 12276.5, as it reads in Section 3 of Chapter 19 of the Statutes of 1989, Section 1 of Chapter 874 of the Statutes of 1990, or Section 3 of Chapter 954 of the Statutes of 1991, or subsequently defined as an assault weapon pursuant to former Section 12276.1, as that section read at any time from when it was enacted by Section 7 of Chapter 129 of the Statutes of 1999 to when it was repealed by the Deadly Weapons Recodification Act of 2010, shall, within 90 days, do one or more of the following:
(1) Render the weapon permanently inoperable.
(2) Sell the weapon to a licensed gun dealer.
(3) Obtain a permit from the Department of Justice in the same manner as specified in Article 3 (commencing with Section 32650) of Chapter 6.
(4) Remove the weapon from this state.
(b) Notwithstanding subdivision (a), a person who lawfully possessed a firearm that was subsequently declared to be an assault weapon pursuant to former Section 12276.5 may alternatively register the firearm within 90 days of the declaration issued pursuant to subdivision (f) of former Section 12276.5, as it reads in Section 3 of Chapter 19 of the Statutes of 1989, Section 1 of Chapter 874 of the Statutes of 1990, or Section 3 of Chapter 954 of the Statutes of 1991.
Page 38 of 84
ENCLOSURE 1 (Added by Stats. 2010, Ch. 711, Sec. 6. Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
30925.
A person moving into this state, otherwise in lawful possession of an assault weapon, shall do one of the following:
(a) Prior to bringing the assault weapon into this state, that person shall first obtain a permit from the Department of Justice in the same manner as specified in Article 3 (commencing with Section 32650) of Chapter 6.
(b) The person shall cause the assault weapon to be delivered to a licensed gun dealer in this state in accordance with Chapter 44 (commencing with Section 921) of Title 18 of the United States Code and the regulations issued pursuant thereto. If the person obtains a permit from the Department of Justice in the same manner as specified in Article 3 (commencing with Section 32650) of Chapter 6, the dealer shall redeliver that assault weapon to the person. If the licensed gun dealer is prohibited from delivering the assault weapon to a person pursuant to this section, the dealer shall possess or dispose of the assault weapon as allowed by this chapter.
(Added by Stats. 2010, Ch. 711, Sec. 6. Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
30930.
Except as provided in Section 30940, no.50 BMG rifle possessed pursuant to this article may be sold or transferred on or after January 1, 2005, to anyone within this state other than to a licensed gun dealer or as provided in Section 31100.
(Added by Stats. 2010, Ch. 711, Sec. 6. Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
30935.
Any person who obtains title to a.50 BMG rifle registered under this article or that was possessed pursuant to subdivision (a) of Section 30630 by bequest or intestate succession shall, within 180 days of receipt, do one or more of the following:
(a) Render the weapon permanently inoperable.
(b) Sell the weapon to a licensed gun dealer.
(c) Obtain a permit from the Department of Justice in the same manner as specified in Article 3 (commencing with Section 32650) of Chapter 6.
(d) Remove the weapon from this state.
(Added by Stats. 2010, Ch. 711, Sec. 6. Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
Page 39 of 84
ENCLOSURE 1 30940.
A person moving into this state, otherwise in lawful possession of a.50 BMG rifle, shall do one of the following:
(a) Prior to bringing the.50 BMG rifle into this state, that person shall first obtain a permit from the Department of Justice in the same manner as specified in Article 3 (commencing with Section 32650) of Chapter 6.
(b) The person shall cause the.50 BMG rifle to be delivered to a licensed gun dealer in this state in accordance with Chapter 44 (commencing with Section 921) of Title 18 of the United States Code and the regulations issued pursuant thereto. If the person obtains a permit from the Department of Justice in the same manner as specified in Article 3 (commencing with Section 32650) of Chapter 6, the dealer shall redeliver that.50 BMG rifle to the person. If the licensed gun dealer is prohibited from delivering the.50 caliber BMG rifle to a person pursuant to this section, the dealer shall dispose of the.50 BMG rifle as allowed by this chapter.
(Added by Stats. 2010, Ch. 711, Sec. 6. Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
30945.
Unless a permit allowing additional uses is first obtained under Section 31000, a person who has registered an assault weapon or registered a.50 BMG rifle under this article may possess it only under any of the following conditions:
(a) At that person's residence, place of business, or other property owned by that person, or on property owned by another with the owner's express permission.
(b) While on the premises of a target range of a public or private club or organization organized for the purpose of practicing shooting at targets.
(c) While on a target range that holds a regulatory or business license for the purpose of practicing shooting at that target range.
(d) While on the premises of a shooting club that is licensed pursuant to the Fish and Game Code.
(e) While attending any exhibition, display, or educational project that is about firearms and that 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.
(f) While on publicly owned land, if the possession and use of a firearm described in Section 30510, 30515, 30520, or 30530, is specifically permitted by the managing agency of the land.
(g) While transporting the assault weapon or.50 BMG rifle between any of the places mentioned in this section, or to any licensed gun dealer, for servicing or repair pursuant to Section 31050, if the assault weapon is transported as required by Sections 16850 and 25610.
(Added by Stats. 2010, Ch. 711, Sec. 6. Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
Page 40 of 84
ENCLOSURE 1 30950.
No person who is under the age of 18 years, and no person who is prohibited by state or federal law from possessing, receiving, owning, or purchasing a firearm, may register or possess an assault weapon or.50 BMG rifle.
(Added by Stats. 2010, Ch. 711, Sec. 6. Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
30955.
The department's registration procedures shall provide the option of joint registration for any assault weapon or.50 BMG rifle owned by family members residing in the same household.
(Added by Stats. 2010, Ch. 711, Sec. 6. Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
30960.
(a) For 90 days following January 1, 1992, a forgiveness period shall exist to allow any person specified in subdivision (b) of former Section 12280, as it reads in Section 4.5 of Chapter 954 of the Statutes of 1991, to register with the Department of Justice any assault weapon that the person lawfully possessed prior to June 1, 1989.
(b) (1) Any person who registers an assault weapon during the 90-day forgiveness period described in subdivision (a), and any person whose registration form was received by the Department of Justice after January 1, 1991, and who was issued a temporary registration prior to the end of the forgiveness period, shall not be charged with a violation of subdivision (b) of former Section 12280, as added by Section 3 of Chapter 19 of the Statutes of 1989 or as subsequently amended, if law enforcement becomes aware of that violation only as a result of the registration of the assault weapon.
(2) This section shall have no effect upon any person charged prior to January 1, 1992, with a violation of subdivision (b) of former Section 12280 as added by Section 3 of Chapter 19 of the Statutes of 1989 or as subsequently amended, provided that law enforcement was aware of the violation before the weapon was registered.
(Added by Stats. 2010, Ch. 711, Sec. 6. Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
30965.
(a) Any person who registered a firearm as an assault weapon pursuant to the provisions of law in effect prior to January 1, 2000, where the assault weapon is thereafter defined as an assault weapon pursuant to Section 30515 or former Section 12276.1, as that section read at any time from when it was enacted by Section 7 of Chapter 129 of the Statutes of 1999 to when it was repealed by the Page 41 of 84
ENCLOSURE 1 Deadly Weapons Recodification Act of 2010, shall be deemed to have registered the weapon for purposes of this chapter and shall not be required to reregister the weapon pursuant to this article.
(b) Any person who legally registered a firearm as an assault weapon pursuant to the provisions of law in effect prior to January 1, 2005, where the assault weapon is thereafter defined as a.50 caliber BMG rifle pursuant to Section 30530 or former Section 12278, shall be deemed to have registered the weapon for purposes of this chapter and shall not be required to reregister the weapon pursuant to this article.
(Added by Stats. 2010, Ch. 711, Sec. 6. Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
CHAPTER 2. Assault weapons and.50 BMG Rifles [30500. - 31115.]
( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. )
ARTICLE 6. Permits for Assault weapons and.50 BMG Rifles [31000. -
31005.]
(Article 6 added by Stats. 2010, Ch. 711, Sec. 6.)
31000.
(a) Any person who lawfully acquired an assault weapon before June 1, 1989, or a
.50 BMG rifle before January 1, 2005, and wishes to use it in a manner different than specified in Section 30945 shall first obtain a permit from the Department of Justice in the same manner as specified in Article 3 (commencing with Section 32650) of Chapter 6.
(b) Any person who lawfully acquired an assault weapon between June 1, 1989, and January 1, 1990, and wishes to keep it after January 1, 1990, shall first obtain a permit from the Department of Justice in the same manner as specified in Article 3 (commencing with Section 32650) of Chapter 6.
(c) Any person who wishes to acquire an assault weapon after January 1, 1990, or a.50 BMG rifle after January 1, 2005, shall first obtain a permit from the Department of Justice in the same manner as specified in Article 3 (commencing with Section 32650) of Chapter 6.
(Added by Stats. 2010, Ch. 711, Sec. 6. Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
31005.
(a) The Department of Justice may, upon a finding of good cause, issue permits for the manufacture or sale of assault weapons or.50 BMG rifles for the sale to, purchase by, or possession of assault weapons or.50 BMG rifles by, any of the following:
Page 42 of 84
ENCLOSURE 1 (1) The agencies listed in Section 30625, and the officers described in Section 30630.
(2) Entities and persons who have been issued permits pursuant to this section or Section 31000.
(3) Federal law enforcement and military agencies.
(4) Law enforcement and military agencies of other states.
(5) Foreign governments and agencies approved by the United States State Department.
(6) Entities outside the state who have, in effect, a federal firearms dealer's license solely for the purpose of distribution to an entity listed in paragraphs (3) to (5),
inclusive.
(b) Application for the permits, the keeping and inspection thereof, and the revocation of permits shall be undertaken in the same manner as specified in Article 3 (commencing with Section 32650) of Chapter 6.
(Added by Stats. 2010, Ch. 711, Sec. 6. Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
CHAPTER 2. Assault weapons and.50 BMG Rifles [30500. - 31115.]
( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. )
ARTICLE 8. Miscellaneous Provisions [31100. - 31115.]
(Article 8 added by Stats. 2010, Ch. 711, Sec. 6.)
31100.
Any individual may arrange in advance to relinquish an assault weapon or a.50 BMG rifle to a police or sheriff's department. The assault weapon or.50 BMG rifle shall be transported in accordance with Sections 16850 and 25610.
(Added by Stats. 2010, Ch. 711, Sec. 6. Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
31105.
(a) No peace officer or dispatcher shall broadcast over a police radio that an individual has registered, or has obtained a permit to possess, an assault weapon or.50 BMG rifle pursuant to this chapter, unless there exists a reason to believe in good faith that one of the following conditions exist:
(1) The individual has engaged, or may be engaged, in criminal conduct.
(2) The police are responding to a call in which the person allegedly committing a criminal violation may gain access to the assault weapon or.50 BMG rifle.
(3) The victim, witness, or person who reported the alleged criminal violation may be using the assault weapon or.50 BMG rifle to hold the person allegedly committing the criminal violation, or may be using the weapon in defense of self or another person.
Page 43 of 84
ENCLOSURE 1 (b) This section shall not prohibit a peace officer or dispatcher from broadcasting over a police radio that an individual has not registered, or has not obtained a permit to possess, an assault weapon or.50 BMG rifle pursuant to this chapter.
(c) This section does not limit the transmission of an assault weapon or a.50 BMG rifle ownership status via law enforcement computers or any other medium that is legally accessible only to peace officers or other authorized personnel.
(Added by Stats. 2010, Ch. 711, Sec. 6. Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
31110.
(a) Except as provided in subdivision (b), the Department of Justice shall, for every person, firm, or corporation to whom a permit is issued pursuant to this article, annually conduct an inspection for security and safe storage purposes, and to reconcile the inventory of assault weapons.
(b) A person, firm, or corporation with an inventory of fewer than five devices that require any Department of Justice permit shall be subject to an inspection for security and safe storage purposes, and to reconcile inventory, once every five years, or more frequently if determined by the department.
(Added by Stats. 2010, Ch. 711, Sec. 6. Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
31115.
(a) The Department of Justice shall conduct a public education and notification program regarding the registration of assault weapons and the definition of the weapons set forth in Section 30515 and former Section 12276.1, as it read at any time from when it was added by Section 7 of Chapter 129 of the Statutes of 1999 to when it was repealed by the Deadly Weapons Recodification Act of 2010.
(b) The public education and notification program shall include outreach to local law enforcement agencies and utilization of public service announcements in a variety of media approaches, to ensure maximum publicity of the limited forgiveness period of the registration requirement specified in subdivision (f) of former Section 12285, as that subdivision read in Section 5 of Chapter 954 of the Statutes of 1991, and the consequences of nonregistration. The department shall develop posters describing gunowners' responsibilities under former Chapter 2.3 (commencing with Section 12275) of Title 2 of Part 4, as that chapter read when the forgiveness period commenced on January 1, 1992, which shall be posted in a conspicuous place in every licensed gun store in the state during the forgiveness period.
(c) For.50 BMG rifles, the department's education campaign shall provide materials to dealers of.50 BMG rifles, and to recognized national associations that specialize in.50 BMG rifles.
(d) Any costs incurred by the Department of Justice to implement this section, which cannot be absorbed by the department, shall be funded from the Dealers' Record of Sale Special Account, as set forth in Section 28235, or former Section Page 44 of 84
ENCLOSURE 1 12076 as it read at any time from when it was amended by Section 1.7 of Chapter 954 of the Statutes of 1991 to when it was repealed by Section 12 of Chapter 606 of the Statutes of 1993, or former Section 12076 as it read at any time from when it was enacted by Section 13 of Chapter 606 of the Statutes of 1993 to when it was repealed by the Deadly Weapons Recodification Act of 2010, upon appropriation by the Legislature.
(Added by Stats. 2010, Ch. 711, Sec. 6. Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
CHAPTER 4. Handguns [31500. - 32110.]
( Chapter 4 added by Stats. 2010, Ch. 711, Sec. 6.)
ARTICLE 1. Unconventional Pistol [31500. - 31590.]
(Article I added by Stats. 2010, Ch. 711, Sec. 6.)
31500.
Except as provided 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, or possesses any unconventional pistol is punishable by imprisonment in a county jail not exceeding one year or imprisonment pursuant to subdivision (h) of Section 1170.
(Amended by Stats. 2012, Ch. 43, Sec. 106. Effective June 27, 2012.)
31590.
Except as provided in Chapter 1 (commencing with Section 17700) of Division 2 of Title 2, any unconventional pistol is a nuisance and is subject to Section 18010.
(Added by Stats. 2010, Ch. 711, Sec. 6. Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
CHAPTER 4. Handguns [31500. - 32110.]
( Chapter 4 added by Stats. 2010, Ch. 711, Sec. 6.)
ARTICLE 2. Handgun Safety Certificate [31610. - 31670.]
(Article 2 added by Stats. 2010, Ch. 711, Sec. 6.)
31610.
It is the intent of the Legislature in enacting this article to require that persons who obtain handguns have a basic familiarity with those firearms, including, but not limited to, the safe handling and storage of those firearms. It is not the intent of the Legislature to require a handgun safety certificate for the mere possession of a firearm.
Page 45 of 84
ENCLOSURE 1 (Added by Stats. 2010, Ch. 711, Sec. 6. Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
31615.
(a) No person shall do either of the following:
(1) Purchase or receive any handgun, except an antique firearm, without a valid handgun safety certificate.
(2) Sell, deliver, loan, or transfer any handgun, except an antique firearm, to any person who does not have a valid handgun safety certificate.
(b) Any person who violates subdivision (a) is guilty of a misdemeanor.
(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 this code shall not be punished under more than one provision.
(Added by Stats. 2010, Ch. 711, Sec. 6. Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
31620.
(a) No person may commit an act of collusion as specified in Section 27550.
(b) Any person who alters, counterfeits, or falsifies a handgun safety certificate, or who uses or attempts to use any altered, counterfeited, or falsified handgun safety certificate to purchase a handgun is guilty of a misdemeanor.
(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 this section and different provisions of this code shall not be punished under more than one provision.
(Added by Stats. 2010, Ch. 711, Sec. 6. Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
31625.
(a) No certified instructor may issue a handgun safety certificate to any person who has not complied with this article. Proof of compliance shall be forwarded to the department by certified instructors as frequently as the department may determine.
(b) No certified instructor may issue a handgun safety certificate to any person who is under 18 years of age.
(c) A violation of this section shall be grounds for the department to revoke the instructor's certification to issue handgun safety certificates.
(Added by Stats. 2010, Ch. 711, Sec. 6. Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
Page 46 of 84
ENCLOSURE 1 31630.
(a) The department shall develop an instruction manual in English and in Spanish by October 1, 2002. The department shall make the instructional manual available to firearms dealers licensed pursuant to Sections 26700 to 26915, inclusive, who shall make it available to the general public. Essential portions of the manual may be included in the pamphlet described in Section 34205.
(b) The department shall develop audiovisual materials in English and in Spanish by March 1, 2003, to be issued to instructors certified by the department.
(c) The department shall solicit input from any reputable association or organization, including any law enforcement association that has as one of its objectives the promotion of firearms safety, in the development of the handgun safety certificate instructional materials.
(Added by Stats. 2010, Ch. 711, Sec. 6. Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
31635.
(a) The department shall prescribe a minimum level of skill, knowledge, and competency to be required of all handgun safety certificate instructors.
(b) Department Certified Instructor applicants shall have a certification to provide training from one of the following organizations as specified, or any entity found by the department to give comparable instruction in firearms safety, or the applicant shall have similar or equivalent training to that provided by the following, as determined by the department:
(1) Department of Consumer Affairs, State of California-Firearm Training Instructor.
(2) Director of Civilian Marksmanship, Instructor or Rangemaster.
(3) Federal Government, Certified Rangemaster or Firearm Instructor.
(4) Federal Law Enforcement Training Center, Firearm Instructor Training Program or Rangemaster.
(5) United States Military, Military Occupational Specialty (MOS) as marksmanship or firearms instructor. Assignment as Range Officer or Safety Officer are not sufficient.
(6) National Rifle Association-Certified Instructor, Law Enforcement Instructor, Rangemaster, or Training Counselor.
(7) Commission on Peace Officer Standards and Training (POST), State of California-Firearm Instructor or Rangemaster.
(8) Authorization from a State of California accredited school to teach a firearm training course.
(Added by Stats. 2010, Ch. 711, Sec. 6. Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
Page 47 of 84
ENCLOSURE 1 31640.
(a) The department shall develop a written objective test, in English and in Spanish, and prescribe its content, form, and manner, to be administered by an instructor certified by the department.
(b) If the person taking the test is unable to read, the examination shall be administered orally. If the person taking the test is unable to read English or Spanish, the test may be applied orally by a translator.
(c) The test shall cover, but not be limited to, all of the following:
(1) The laws applicable to carrying and handling firearms, particularly handguns.
(2) The responsibilities of ownership of firearms, particularly handguns.
(3) Current law as it relates to the private sale and transfer of firearms.
(4) Current law as it relates to the permissible use of lethal force.
(5) What constitutes safe firearm storage.
(6) Issues associated with bringing a handgun into the home.
(7) Prevention strategies to address issues associated with bringing firearms into the home.
(d) The department shall update test materials related to this article every five years.
(e) If a dealer licensed pursuant to Sections 26700 to 26915, inclusive, or his or her employee, or where the managing officer or partner is certified as an instructor pursuant to this article, he or she shall also designate a separate room or partitioned area for a person to take the objective test, and maintain adequate supervision to assure that no acts of collusion occur while the objective test is being administered.
(Added by Stats. 2010, Ch. 711, Sec. 6. Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
31645.
(a) An applicant for a handgun safety certificate shall successfully pass the objective test referred to in Section 31640, with a passing grade of at least 75 percent. Any person receiving a passing grade on the objective test shall immediately be issued a handgun safety certificate by the instructor.
(b) An applicant who fails to pass the objective test upon the first attempt shall be offered additional instructional materials by the instructor, such as a videotape or booklet. The person may not retake the objective test under any circumstances until 24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br /> have elapsed after the failure to pass the objective test upon the first attempt. The person failing the test on the first attempt shall take another version of the test upon the second attempt. All tests shall be taken from the same instructor except upon permission by the department, which shall be granted only for good cause shown. The instructor shall make himself or herself available to the applicant during regular business hours in order to retake the test.
(Added by Stats. 2010, Ch. 711, Sec. 6. Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
Page 48 of 84
ENCLOSURE 1 31650.
(a) The certified instructor may charge a fee of twenty-five dollars ($25), fifteen dollars ($15) of which is to be paid to the department pursuant to subdivision (c).
(b) An applicant to renew a handgun safety certificate shall be required to pass the objective test. The certified instructor may charge a fee of twenty-five dollars ($25),
fifteen dollars ($15) of which is to be forwarded to the department pursuant to subdivision (c).
(c) The department may charge the certified instructor up to fifteen dollars ($15) for each handgun safety certificate issued by that instructor to cover the department's cost in carrying out and enforcing this article, and enforcing the provisions listed in subdivision (e), as determined annually by the department.
(d) All money received by the department pursuant to this article shall be deposited into the Firearms Safety and Enforcement Special Fund created pursuant to Section 28300.
(e) The department shall conduct enforcement activities, including, but not limited to, law enforcement activities to ensure compliance with the following provisions:
(1) Section 830.95.
(2) Title 2 (commencing with Section 12001) of Part 4.
(3) This part, except Sections 16965, 17235, and 21510.
(Added by Stats. 2010, Ch. 711, Sec. 6. Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
31655.
(a) The department shall develop handgun safety certificates to be issued by instructors certified by the department, to those persons who have complied with this article.
(b) A handgun safety certificate shall include, but not be limited to, the following information:
(1) A unique handgun safety certificate identification number.
(2) The holder's full name.
(3) The holder's date of birth.
(4) The holder's driver's license or identification number.
(5) The holder's signature.
(6) The signature of the issuing instructor.
(7) The date of issuance.
(c) The handgun safety certificate shall expire five years after the date that it was issued by the certified instructor.
(Added by Stats. 2010, Ch. 711, Sec. 6. Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
Page 49 of 84
ENCLOSURE 1 31660.
(a) In the case of loss or destruction of a handgun safety certificate, the issuing instructor shall issue a duplicate certificate upon request and proof of identification to the certificate holder.
(b) The department may authorize the issuing instructor to charge a fee not to exceed fifteen dollars ($15), for a duplicate certificate. Revenues from this fee shall be deposited in the Firearms Safety and Enforcement Special Fund, created pursuant to Section 28300.
(Added by Stats. 2010, Ch. 711, Sec. 6. Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
31665.
The department shall be immune from any liability arising from implementing Sections 31630, 31635, 31640, and subdivision (a) of Section 31655.
(Added by Stats. 2010, Ch. 711, Sec. 6. Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
31670.
Except for the provisions of former Section 12804, former Article 8 (commencing with Section 12800) of Chapter 6 of Title 2 of Part 4, as added by Section 10 of Chapter 942 of the Statutes of 2001, became operative on January 1, 2003.
(Added by Stats. 2010, Ch. 711, Sec. 6. Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
CHAPTER 4. Handguns [31500. - 32110.]
( Chapter 4 added by Stats. 2010, Ch. 711, Sec. 6.)
ARTICLE 3. Exceptions to Handgun Safety Certificate Requirement [31700.
- 31830.]
(Article 3 added by Stats. 2010, Ch. 711, Sec. 6.)
31700.
(a) The following persons, properly identified, are exempted from the handgun safety certificate requirement in subdivision (a) of Section 31615:
(1) Any active or honorably retired peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2.
(2) Any active or honorably retired federal officer or law enforcement agent.
(3) Any reserve peace officer, as defined in Section 832.6.
(4) Any person who has successfully completed the course of training specified in Section 832.
Page 50 of 84
ENCLOSURE 1 (5) A firearms dealer licensed pursuant to Sections 26700 to 26915, inclusive, who is acting in the course and scope of that person's activities as a person licensed pursuant to Sections 26700 to 26915, inclusive.
(6) A federally licensed collector who is acquiring or being loaned a handgun that is a curio or relic, as defined in Section 478.11 of Title 27 of the Code of Federal Regulations, who has a current certificate of eligibility issued by the department pursuant to Section 26710.
(7) A person to whom a handgun is being returned, where the person receiving the firearm is the owner of the firearm.
(8) A family member of a peace officer or deputy sheriff from a local agency who receives a firearm pursuant to Section 50081 of the Government Code.
(9) Any individual who has a valid concealed weapons permit issued pursuant to Chapter 4 (commencing with Section 26150) of Division 5.
(10) An active, or honorably retired member of the United States Armed Forces, the National Guard, the Air National Guard, the active reserve components of the United States, where individuals in those organizations are properly identified. For purposes of this section, proper identification includes the Armed Forces Identification Card, or other written documentation certifying that the individual is an active or honorably retired member.
(11) Any person who is authorized to carry loaded firearms pursuant to Section 26025 or 26030.
(12) Persons who are the holders of a special weapons permit issued by the department pursuant to Section 32650 or 33300, 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.
(b) The following persons who take title or possession of a handgun by operation of law in a representative capacity, until or unless they transfer title ownership of the handgun to themselves in a personal capacity, are exempted from the handgun safety certificate requirement in subdivision (a) of Section 31615:
(1) The executor or administrator of an estate.
(2) A secured creditor or an agent or employee thereof when the firearms are possessed as collateral for, or as a result of, or an agent or employee thereof when the firearms are possessed as collateral for, or as a result of, a default under a security agreement under the Commercial Code.
(3) A levying officer, as defined in Section 481.140, 511.060, or 680.260 of the Code of Civil Procedure.
(4) A receiver performing the functions of a receiver.
(5) A trustee in bankruptcy performing the duties of a trustee.
(6) An assignee for the benefit of creditors performing the functions of an assignee.
(Added by Stats. 2010, Ch. 711, Sec. 6. Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
31705.
(a) Subdivision (a) of Section 31615 does not apply to any sale, delivery, or transfer of firearms made to an authorized law enforcement representative of any Page 51 of 84
ENCLOSURE 1 city, county, city and county, or state, or of the federal government, for exclusive use by that governmental agency if, prior to the sale, delivery, or transfer of these firearms, written authorization from the head of the agency authorizing the transaction is presented to the person from whom the purchase, delivery, or transfer is being made.
(b) Proper written authorization is defined as verifiable written certification from the head of the agency by which the purchaser or transferee is employed, identifying the employee as an individual authorized to conduct the transaction, and authorizing the transaction for the exclusive use of the agency by which that person is employed.
(c) Within 10 days of the date a handgun, and commencing January 1, 2014, any firearm, is acquired by the agency, a record of the same shall be entered as an institutional weapon into the Automated Firearms System (AFS) via the California Law Enforcement Telecommunications System (CLETS) by the law enforcement or state agency. Any agency without access to AFS shall arrange with the sheriff of the county in which the agency is located to input this information via this system.
(Amended by Stats. 2011, Ch. 745, Sec. 66. Effective January 1, 2012.)
31710.
Subdivision (a) of Section 31615 does not apply to the loan of a firearm if all of the following conditions are satisfied:
(a) The loan is made by an authorized law enforcement representative of a city, county, or city and county, or of the state or federal government.
(b) The loan is made to a peace officer employed by that agency and authorized to carry a firearm.
(c) The loan is made for the carrying and use of that firearm by that peace officer in the course and scope of the officer's duties.
(Added by Stats. 2010, Ch. 711, Sec. 6. Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
31715.
(a) Subdivision (a) of Section 31615 does not apply to the sale, delivery, or transfer of a firearm by a law enforcement agency to a peace officer pursuant to Section 10334 of the Public Contract Code.
(b) Within 10 days of the date that a handgun, and commencing January 1, 2014, any firearm, is sold, delivered, or transferred pursuant to Section 10334 of the Public Contract Code to that peace officer, the name of the officer and the make, model, serial number, and other identifying characteristics of the firearm being sold, delivered, or transferred shall be entered into the Automated Firearms System (AFS) via the California Law Enforcement Telecommunications System (CLETS) by the law enforcement or state agency that sold, delivered, or transferred the firearm, provided, however, that if the firearm is not a handgun and does not have a serial number, identification number, or identification mark assigned to it, that fact shall be noted in AFS. Any agency without access to AFS Page 52 of 84
ENCLOSURE 1 shall arrange with the sheriff of the county in which the agency is located to input this information via this system.
(Amended by Stats. 2011, Ch. 745, Sec. 67. Effective January 1, 2012.)
31720.
(a) Subdivision (a) of Section 31615 does not apply to the sale, delivery, or transfer of a firearm by a law enforcement agency to a retiring peace officer who is authorized to carry a firearm pursuant to Chapter 5 (commencing with Section 26300) of Division 5.
(b) Within 10 days of the date that a handgun, and commencing January 1, 2014, any firearm, is sold, delivered, or transferred to that retiring peace officer, the name of the officer and the make, model, serial number, and other identifying characteristics of the firearm being sold, delivered, or transferred shall be entered into the Automated Firearms System (AFS) via the California Law Enforcement Telecommunications System (CLETS) by the law enforcement or state agency that sold, delivered, or transferred the firearm, provided, however, that if the firearm is not a handgun and does not have a serial number, identification number, or identification mark assigned to it, that fact shall be noted in AFS. Any agency without access to AFS shall arrange with the sheriff of the county in which the agency is located to input this information via this system.
(Amended by Stats. 2011, Ch. 745, Sec. 68. Effective January 1, 2012.)
31725.
(a) Subdivision (a) of Section 31615 does not apply to a sale, delivery, or transfer of firearms if both of the following requirements are satisfied:
(1) The sale, delivery, or transfer is to an authorized representative of a city, city and county, county, or state government, or of the federal government, and is for the governmental entity.
(2) The entity is acquiring the weapon as part of an authorized, voluntary program in which the entity is buying or receiving weapons from private individuals.
(b) Any weapons acquired pursuant to this section shall be disposed of pursuant to the applicable provisions of Section 34000 or Sections 18000 and 18005.
(Added by Stats. 2010, Ch. 711, Sec. 6. Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
31730.
Subdivision (a) of Section 31615 does not apply to the sale, delivery, loan, or transfer of a firearm made by an authorized law enforcement representative of a city, county, city and county, or state, or of the federal government, to any public or private nonprofit historical society, museum, or institutional collection, or the purchase or receipt of that firearm by that public or private nonprofit historical society, museum, or institutional collection, if all of the following conditions are met:
(a) The entity receiving the firearm is open to the public.
Page 53 of 84
ENCLOSURE 1 (b) The firearm prior to delivery is deactivated or rendered inoperable.
(c) The firearm is not subject to any of the following:
(1) Sections 18000 and 18005.
(2) Division 4 (commencing with Section 18250) of Title 2.
(3) Section 34000.
(4) Sections 34005 and 34010.
(d) The firearm is not prohibited by other provisions of law from being sold, delivered, or transferred to the public at large.
(e) Prior to delivery, the entity receiving the firearm submits a written statement to the law enforcement representative stating that the firearm will not be restored to operating condition, and will either remain with that entity, or if subsequently disposed of, will be transferred in accordance with the applicable provisions listed in Section 16575 and, if applicable, Section 31615.
(f) Within 10 days of the date that the firearm is sold, loaned, delivered, or transferred to that entity, all of the following information shall be reported to the department in a manner prescribed by the department:
(1) The name of the government entity delivering the firearm.
(2) The make, model, serial number, and other identifying characteristics of the firearm.
(3) The name of the person authorized by the entity to take possession of the firearm.
(g) In the event of a change in the status of the designated representative, the entity shall notify the department of a new representative within 30 days.
(Added by Stats. 2010, Ch. 711, Sec. 6. Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
31735.
Subdivision (a) of Section 31615 does not apply to the sale, delivery, loan, or transfer of a firearm made by any person other than a representative of an authorized law enforcement agency to any public or private nonprofit historical society, museum, or institutional collection, if all of the following conditions are met:
(a) The entity receiving the firearm is open to the public.
(b) The firearm is deactivated or rendered inoperable prior to delivery.
(c) The firearm is not of a type prohibited from being sold, delivered, or transferred to the public.
(d) Prior to delivery, the entity receiving the firearm submits a written statement to the person selling, loaning, or transferring the firearm stating that the firearm will not be restored to operating condition, and will either remain with that entity, or if subsequently disposed of, will be transferred in accordance with the applicable provisions listed in Section 16575 and, if applicable, with Section 31615.
(e) If title to a handgun, and commencing January 1, 2014, any firearm, is being transferred to the public or private nonprofit historical society, museum, or institutional collection, then the designated representative of that entity shall, within 30 days of taking possession of that firearm, forward by prepaid mail or deliver in Page 54 of 84
ENCLOSURE 1 person to the Department of Justice, a single report signed by both parties to the transaction, which includes all of the following information:
(1) Information identifying the person representing the public or private historical society, museum, or institutional collection.
(2) Information on how title was obtained and from whom.
(3) A description of the firearm in question.
(4) A copy of the written statement referred to in subdivision (d).
(f) The report forms that are to be completed pursuant to this section shall be provided by the Department of Justice.
(g) In the event of a change in the status of the designated representative, the entity shall notify the department of a new representative within 30 days.
(Amended by Stats. 2011, Ch. 745, Sec. 69. Effective January 1, 2012.)
31740.
Subdivision (a) of Section 31615 does not apply to sales, deliveries, or transfers of firearms between or to importers and manufacturers of firearms licensed to engage in that business pursuant to Chapter 44 (commencing with Section 921) of Title 18 of the United States Code and the regulations issued pursuant thereto.
(Added by Stats. 2010, Ch. 711, Sec. 6. Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
31745.
Subdivision (a) of Section 31615 shall not apply to the sale, delivery, or transfer of a handgun to a person licensed pursuant to Sections 26700 to 26915, inclusive, where the licensee is receiving the handgun in the course and scope of the licensee's activities as a person licensed pursuant to Sections 26700 to 26915, inclusive.
(Added by Stats. 2010, Ch. 711, Sec. 6. Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
31750.
Subdivision (a) of Section 31615 does not apply to the loan of a firearm if all of the following conditions exist:
(a) The person loaning the firearm is at all times within the presence of the person being loaned the firearm.
(b) The loan is for a lawful purpose.
(c) The loan does not exceed three days in duration.
(d) The individual receiving the firearm is not prohibited by state or federal law from possessing, receiving, owning, or purchasing a firearm.
(e) The person loaning the firearm is 18 years of age or older.
(f) The person being loaned the firearm is 18 years of age or older.
(Added by Stats. 2010, Ch. 711, Sec. 6. Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
Page 55 of 84
ENCLOSURE 1 31755.
Subdivision (a) of Section 31615 does not apply to the delivery of a firearm to a gunsmith for service or repair, or to the return of the firearm to its owner by the gunsmith, or to the delivery of a firearm by a gunsmith to a person licensed pursuant to Chapter 44 (commencing with Section 921) of Title 18 of the United States Code for service or repair and the return of the firearm to the gunsmith.
(Added by Stats. 2010, Ch. 711, Sec. 6. Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
31760.
Subdivision (a) of Section 31615 does not apply to the sale, delivery, or transfer of firearms if all of the following requirements are satisfied:
(a) The sale, delivery, or transfer is made by a person who resides in this state.
(b) The sale, delivery, or transfer is made to a person who resides outside this state and is licensed pursuant to Chapter 44 (commencing with Section 921) of Title 18 of the United States Code and the regulations issued pursuant thereto.
(c) The sale, delivery, or transfer is in accordance with Chapter 44 (commencing with Section 921) of Title 18 of the United States Code and the regulations issued pursuant thereto.
(Added by Stats. 2010, Ch. 711, Sec. 6. Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
31765.
Subdivision (a) of Section 31615 does not apply to the loan of a firearm to a person 18 years of age or older for the purposes of shooting at targets if the loan occurs on the premises of a target facility that holds a business or regulatory license or on the premises of any club or organization organized for the purposes of practicing shooting at targets upon established ranges, whether public or private, if the firearm is at all times kept within the premises of the target range or on the premises of the club or organization.
(Added by Stats. 2010, Ch. 711, Sec. 6. Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
31770.
Subdivision (a) of Section 31615 does not apply to deliveries, transfers, or returns of firearms made pursuant to any of the following:
(a) Sections 18000 and 18005.
(b) Division 4 (commencing with Section 18250) of Title 2.
(c) Chapter 2 (commencing with Section 33850) of Division 11.
(d) Sections 34005 and 34010.
Page 56 of 84
ENCLOSURE 1 (Added by Stats. 2010, Ch. 711, Sec. 6. Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
31775.
Subdivision (a) of Section 31615 does not apply to the sale, delivery, or transfer of firearms if all of the following conditions are satisfied:
(a) The firearms are unloaded.
(b) The firearms are not handguns.
(c) The sale, delivery, or transfer is made by a dealer to another dealer, upon proof of compliance with the requirements of Section 27555.
(d) This section shall remain in effect only until January 1, 2014, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2014, deletes or extends that date.
(Amended by Stats. 2011, Ch. 745, Sec. 70. Effective January 1, 2012. Repealed as of January 1, 2014, by its own provisions.)
31780.
Subdivision (a) of Section 31615 does not apply to the sale, delivery, or transfer of unloaded firearms by a dealer to a person who resides outside this state and is licensed pursuant to Chapter 44 (commencing with Section 921) of Title 18 of the United States Code and the regulations issued pursuant thereto.
(Added by Stats. 2010, Ch. 711, Sec. 6. Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
31785.
Subdivision (a) of Section 31615 does not apply to the sale, delivery, or transfer of unloaded firearms to a wholesaler if the firearms are being returned to the wholesaler and are intended as merchandise in the wholesaler's business.
(Added by Stats. 2010, Ch. 711, Sec. 6. Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
31790.
Subdivision (a) of Section 31615 does not apply to the sale, delivery, or transfer of firearms if all of the following conditions are satisfied:
(a) The firearms are unloaded.
(b) The sale, delivery, or transfer is made by one dealer to another dealer, upon proof of compliance with the requirements of Section 27555.
(c) The firearms are intended as merchandise in the receiving dealer's business.
(Added by Stats. 2010, Ch. 711, Sec. 6. Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
Page 57 of 84
ENCLOSURE 1 31795.
(a) Subdivision (a) of Section 31615 does not apply to the sale, delivery, or transfer of an unloaded firearm, other than a handgun, by a dealer to himself or herself.
(b) This section shall remain in effect only until January 1, 2014, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2014, deletes or extends that date.
(Amended by Stats. 2011, Ch. 745, Sec. 71. Effective January 1, 2012. Repealed as of January 1, 2014, by its own provisions.)
31800.
Subdivision (a) of Section 31615 does not apply to the loan of an unloaded firearm by a dealer who also operates a target facility that holds a business or regulatory license on the premises of the building designated in the license or whose building designated in the license is on the premises of any club or organization organized for the purposes of practicing shooting at targets upon established ranges, whether public or private, to a person at that target facility or that club or organization, if the firearm is at all times kept within the premises of the target range or on the premises of the club or organization.
(Added by Stats. 2010, Ch. 711, Sec. 6. Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
31805.
Subdivision (a) of Section 31615 does not apply to the sale, delivery, or transfer of unloaded firearms to a wholesaler as merchandise in the wholesaler's business by a manufacturer or importer licensed to engage in that business pursuant to Chapter 44 (commencing with Section 921) of Title 18 of the United States Code and the regulations issued pursuant thereto, or by another wholesaler, if the sale, delivery, or transfer is made in accordance with Chapter 44 (commencing with Section 921) of Title 18 of the United States Code.
(Added by Stats. 2010, Ch. 711, Sec. 6. Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
31810.
Subdivision (a) of Section 31615 does not apply to or affect the following circumstances:
(a) The loan of a handgun to a minor by the minor's parent or legal guardian, if both of the following requirements are satisfied:
(1) The minor is being loaned the firearm for the purposes of engaging in a lawful, recreational sport, including, but not limited to, competitive shooting, or agricultural, ranching, or hunting activity, or a motion picture, television, or video production, or entertainment or theatrical event, the nature of which involves the use of a firearm.
Page 58 of 84
ENCLOSURE 1 (2) The duration of the loan does not exceed the amount of time that is reasonably necessary to engage in the lawful, recreational sport, including, but not limited to, competitive shooting, or agricultural, ranching, or hunting activity, or a motion picture, television, or video production, or entertainment or theatrical event, the nature of which involves the use of a firearm.
(b) The loan of a handgun to a minor by a person who is not the minor's parent or legal guardian, if all of the following requirements are satisfied:
(1) The minor is accompanied by the minor's parent or legal guardian when the loan is made, or the minor has the written consent of the minor's parent or legal guardian, which is presented at the time of the loan, or earlier.
(2) The minor is being loaned the firearm for the purpose of engaging in a lawful, recreational sport, including, but not limited to, competitive shooting, or agricultural, ranching, or hunting activity, or a motion picture, television, or video production, or entertainment or theatrical event, the nature of which involves the use of a firearm.
(3) The duration of the loan does not exceed the amount of time that is reasonably necessary to engage in the lawful, recreational sport, including, but not limited to, competitive shooting, or agricultural, ranching, or hunting activity, or a motion picture, television, or video production, or entertainment or theatrical event, the nature of which involves the use of a firearm.
(4) The duration of the loan does not, in any event, exceed 10 days.
(Added by Stats. 2010, Ch. 711, Sec. 6. Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
31815.
Subdivision (a) of Section 31615 does not apply to the loan of a firearm if all of the following requirements are satisfied:
(a) The loan is infrequent, as defined in Section 16730.
(b) The firearm is unloaded.
(c) The loan is made by a person who is neither a dealer nor a federal firearms licensee pursuant to Chapter 44 (commencing with Section 921) of Title 18 of the United States Code.
(d) The loan is made to a person 18 years of age or older.
(e) The loan is for use solely as a prop in a motion picture, television, video, theatrical, or other entertainment production or event.
(Added by Stats. 2010, Ch. 711, Sec. 6. Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
31820.
(a) Subdivision (a) of Section 31615 does not apply to the loan of a firearm if all of the following requirements are satisfied:
(1) The firearm is unloaded.
(2) The loan is made by a person who is not a dealer but is a federal firearms licensee pursuant to Chapter 44 (commencing with Section 921) of Title 18 of the United States Code.
Page 59 of 84
ENCLOSURE 1 (3) The loan is made to a person who possesses a valid entertainment firearms permit issued pursuant to Chapter 2 (commencing with Section 29500) of Division 8.
(4) The firearm is loaned for use solely as a prop in a motion picture, television, video, theatrical, or other entertainment production or event.
(b) The person loaning the firearm pursuant to this section shall retain a photocopy of the entertainment firearms permit as proof of compliance with this requirement.
(Added by Stats. 2010, Ch. 711, Sec. 6. Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
'31825.
(a) Subdivision (a) of Section 31615 does not apply to the loan of a firearm if all of the following conditions are satisfied:
(1) The firearm is unloaded.
(2) The loan is made by a dealer.
(3) The loan is made to a person who possesses a valid entertainment firearms permit issued pursuant to Chapter 2 (commencing with Section 29500) of Division 8.
(4) The firearm is loaned solely for use as a prop in a motion picture, television, video, theatrical, or other entertainment production or event.
(b) The dealer shall retain a photocopy of the entertainment firearms permit as proof of compliance with this requirement.
(Added by Stats. 2010, Ch. 711, Sec. 6. Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
31830.
(a) Subdivision (a) of Section 31615 does not apply to the loan of an unloaded firearm to a consultant-evaluato& by a person licensed pursuant to Sections 26700 to 26915, inclusive, if the loan does not exceed 45 days from the date of delivery.
(b) At the time of the loan, the consultant-evaluator shall provide the following information, which the dealer shall retain for two years:
(1) A photocopy of a valid, current, government-issued identification to determine the consultant-evaluator's identity, including, but not limited to, a California driver's license, identification card, or passport.
(2) A photocopy of the consultant-evaluator's valid, current certificate of eligibility.
(3) A letter from the person licensed as an importer, manufacturer, or dealer pursuant to Chapter 44 (commencing with Section 921) of Title 18 of the United States Code, with whom the consultant-evaluator has a bona fide business relationship. The letter shall detail the bona fide business purposes for which the firearm is being loaned and confirm that the consultant-evaluator is being loaned the firearm as part of a bona fide business relationship.
(4) The signature of the consultant-evaluator on a form indicating the date the firearm is loaned and the last day the firearm may be returned.
Page 60 of 84
ENCLOSURE 1 (Added by Stats. 2010, Ch. 711, Sec. 6. Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
CHAPTER 4. Handguns [31500. - 32110.]
( Chapter 4 added by Stats. 2010, Ch. 711, Sec. 6.)
ARTICLE 4. "Unsafe Handgun" and Related Definitions [31900.- 31910.]
(Article 4 added by Stats. 2010, Ch. 711, Sec. 6.)
31900.
As used in this part, the "drop safety requirement for handguns" means that at the conclusion of the firing requirements for handguns described in Section 31905, the same certified independent testing laboratory shall subject the same three handguns of the make and model for which certification is sought, to the following test:
(a) A primed case (no powder or projectile) shall be inserted into the chamber. For a pistol, the slide shall be released, allowing it to move forward under the impetus of the recoil spring, and an empty magazine shall be inserted. For both a pistol and a revolver, the weapon shall be placed in a drop fixture capable of dropping the pistol from a drop height of 1 m + 1cm (39.4 + 0.4 in.) onto the largest side of a slab of solid concrete having minimum dimensions of 7.5 x 15 x 15 cm (3 x 6 x 6 in.).
The drop distance shall be measured from the lowermost portion of the weapon to the top surface of the slab. The weapon shall be dropped from a fixture and not from the hand. The weapon shall be dropped in the condition that it would be in if it were dropped from a hand (cocked with no manual safety applied). If the pistol is designed so that upon leaving the hand a "safety" is automatically applied by the pistol, this feature shall not be defeated. An approved drop fixture is a short piece of string with the weapon attached at one end and the other end held in an air vise until the drop is initiated.
(b) The following six drops shall be performed:
(1) Normal firing position with barrel horizontal.
(2) Upside down with barrel horizontal.
(3) On grip with barrel vertical.
(4) On muzzle with barrel vertical.
(5) On either side with barrel horizontal.
(6) If there is an exposed hammer or striker, on the rearmost point of that device, otherwise on the rearmost point of the weapon.
(c) The primer shall be examined for indentations after each drop. If indentations are present, a fresh primed case shall be used for the next drop.
(d) The handgun shall pass this test if each of the three test guns does not fire the primer.
(Added by Stats. 2010, Ch. 711, Sec. 6. Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
Page 61 of 84
ENCLOSURE 1 31905.
(a) As used in this part, "firing requirement for handguns" means a test in which the manufacturer provides three handguns of the make and model for which certification is sought to an independent testing laboratory certified by the Attorney General pursuant to Section 32010. These handguns may not be refined or modified in any way from those that would be made available for retail sale if certification is granted. The magazines of a tested pistol shall be identical to those that would be provided with the pistol to a retail customer.
(b) The test shall be conducted as follows:
(1) The laboratory shall fire 600 rounds from each gun, stopping after each series of 50 rounds has been fired for 5 to 10 minutes to allow the weapon to cool, stopping after each series of 100 rounds has been fired to tighten any loose screws and clean the gun in accordance with the manufacturer's instructions, and stopping as needed to refill the empty magazine or cylinder to capacity before continuing.
(2) The ammunition used shall be of the type recommended by the handgun manufacturer in the user manual, or if none is recommended, any standard ammunition of the correct caliber in new condition that is commercially available.
(c) A handgun shall pass this test if each of the three test guns meets both of the following:
(1) Fires the first 20 rounds without a malfunction that is not due to ammunition that fails to detonate.
(2) Fires the full 600 rounds with no more than six malfunctions that are not due to ammunition that fails to detonate and without any crack or breakage of an operating part of the handgun that increases the risk of injury to the user.
(d) If a pistol or revolver fails the requirements of either paragraph (1) or (2) of subdivision (c) due to ammunition that fails to detonate, the pistol or revolver shall be retested from the beginning of the "firing requirement for handguns" test. A new model of the pistol or revolver that failed due to ammunition that fails to detonate may be submitted for the test to replace the pistol or revolver that failed.
(e) As used in this section, "malfunction" means a failure to properly feed, fire, or eject a round, or failure of a pistol to accept or eject the magazine, or failure of a pistol's slide to remain open after the magazine has been expended.
(Added by Stats. 2010, Ch. 711, Sec. 6. Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
31910.
As used in this part, "unsafe handgun" means any pistol, revolver, or other firearm capable of being concealed upon the person, for which any of the following is true:
(a) For a revolver:
(1) It does not have a safety device that, either automatically in the case of a double-action firing mechanism, or by manual operation in the case of a single-action firing mechanism, causes the hammer to retract to a point where the firing pin does not rest upon the primer of the cartridge.
Page 62 of 84
ENCLOSURE 1 (2) It does not meet the firing requirement for handguns.
(3) It does not meet the drop safety requirement for handguns.
(b) For a pistol:
(1) It does not have a positive manually operated safety device, as determined by standards relating to imported guns promulgated by the federal Bureau of Alcohol, Tobacco, Firearms and Explosives.
(2) It does not meet the firing requirement for handguns.
(3) It does not meet the drop safety requirement for handguns.
(4) Commencing January 1, 2006, for a center fire semiautomatic pistol that is not already listed on the roster pursuant to Section 32015, it does not have either a chamber load indicator, or a magazine disconnect mechanism.
(5) Commencing January 1, 2007, for all center fire semiautomatic pistols that are not already listed on the roster pursuant to Section 32015, it does not have both a chamber load indicator and if it has a detachable magazine, a magazine disconnect mechanism.
(6) Commencing January 1, 2006, for all rimfire semiautomatic pistols that are not already listed on the roster pursuant to Section 32015, it does not have a magazine disconnect mechanism, if it has a detachable magazine.
(7) (A) Commencing January 1, 2010, for all semiautomatic pistols that are not already listed on the roster pursuant to Section 32015, it is not designed and equipped with a microscopic array of characters that identify the make, model, and serial number of the pistol, etched or otherwise imprinted in two or more places on the interior surface or internal working parts of the pistol, and that are transferred by imprinting on each cartridge case when the firearm is fired, provided that the Department of Justice certifies that the technology used to create the imprint is available to more than one manufacturer unencumbered by any patent restrictions.
(B) The Attorney General may also approve a method of equal or greater reliability and effectiveness in identifying the specific serial number of a firearm from spent cartridge casings discharged by that firearm than that which is set forth in this paragraph, to be thereafter required as otherwise set forth by this paragraph where the Attorney General certifies that this new method is also unencumbered by any patent restrictions. Approval by the Attorney General shall include notice of that fact via regulations adopted by the Attorney General for purposes of implementing that method for purposes of this paragraph.
(C) The microscopic array of characters required by this section shall not be considered the name of the maker, model, manufacturer's number, or other mark of identification, including any distinguishing number or mark assigned by the Department of Justice, within the meaning of Sections 23900 and 23920.
(Amended by Stats. 2011, Ch. 296, Sec. 242. Effective January 1, 2012.)
Page 63 of 84
ENCLOSURE 1 CHAPTER 4. Handguns [31500. - 32110.]
( Chapter 4 added by Stats. 2010, Ch. 711, Sec. 6.)
ARTICLE 5. Rules Governing Unsafe Handguns [32000. - 32030.]
(Article 5 added by Stats. 2010, Ch. 711, Sec. 6.)
32000.
(a) Commencing January 1, 2001, any person in this state who manufactures or causes to be manufactured, imports into the state for sale, keeps for sale, offers or exposes for sale, gives, or lends any unsafe handgun shall be punished by imprisonment in a county jail not exceeding one year.
(b) This section shall not apply to any of the following:
(1) The manufacture in this state, or importation into this state, of any prototype pistol; revolver, or other firearm capable of being concealed upon the person when the manufacture or importation is for the sole purpose of allowing an independent laboratory certified by the Department of Justice pursuant to Section 32010 to conduct an independent test to determine whether that pistol, revolver, or other firearm capable of being concealed upon the person is prohibited by Sections 31900 to 32110, inclusive, and, if not, allowing the department to add the firearm to the roster of pistols, revolvers, and other firearms capable of being concealed upon the person that may be sold in this state pursuant to Section 32015.
(2) The importation or lending of a pistol, revolver, or other firearm capable of being concealed upon the person by employees or authorized agents of entities determining whether the weapon is prohibited by this section.
(3) Firearms listed as curios or relics, as defined in Section 478.11 of Title 27 of the Code of Federal Regulations.
(4) The sale or purchase of any pistol, revolver, or other firearm capable of being concealed upon the person, if the pistol, revolver, or other firearm is sold to, or purchased by, the Department of Justice, any police department, any sheriff's official, any marshal's office, the Youth and Adult Correctional Agency, the California Highway Patrol, any district attorney's office, or the military or naval forces of this state or of the United States for use in the discharge of their official duties. Nor shall anything in this section prohibit the sale to, or purchase by, sworn members of these agencies of any pistol, revolver, or other firearm capable of being concealed upon the person.
(c) Violations of subdivision (a) are cumulative with respect to each handgun and shall not be construed as restricting the application of any other law. However, an act or omission punishable in different ways by this section and other provisions of law shall not be punished under more than one provision, but the penalty to be imposed shall be determined as set forth in Section 654.
(Added by Stats. 2010, Ch. 711, Sec. 6. Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
Page 64 of 84
ENCLOSURE 1 32005.
(a) Every person who is licensed as a manufacturer of firearms pursuant to Chapter 44 (commencing with Section 921) of Title 18 of the United States Code and who manufactures firearms in this state shall certify under penalty of perjury and any other remedy provided by law that every model, kind, class, style, or type of pistol, revolver, or other firearm capable of being concealed upon the person that the person manufactures is not an unsafe handgun as prohibited by Sections 31900 to 32110, inclusive.
(b) Every person who imports into the state for sale, keeps for sale, or offers or exposes for sale any firearm shall certify under penalty of perjury and any other remedy provided by law that every model, kind, class, style, or type of pistol, revolver, or other firearm capable of being concealed upon the person that the person imports, keeps, or exposes for sale is not an unsafe handgun as prohibited by Sections 31900 to 32110, inclusive.
(Added by Stats. 2010, Ch. 711, Sec. 6. Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
32010.
(a) Any pistol, revolver, or other firearm capable of being concealed upon the person manufactured in this state, imported into the state for sale, kept for sale, or offered or exposed for sale, shall be tested within a reasonable period of time by an independent laboratory certified pursuant to subdivision (b) to determine whether that pistol, revolver, or other firearm capable of being concealed upon the person meets or exceeds the standards defined in Section 31910.
(b) On or before October 1, 2000, the Department of Justice shall certify laboratories to verify compliance with the standards defined in Section 31910. The department may charge any laboratory that is seeking certification to test any pistol, revolver, or other firearm capable of being concealed upon the person pursuant to Sections 31900 to 32110, inclusive, a fee not exceeding the costs of certification.
(c) The certified testing laboratory shall, at the manufacturer's or importer's expense, test the firearm and submit a copy of the final test report directly to the Department of Justice along with a prototype of the weapon to be retained by the department. The department shall notify the manufacturer or importer of its receipt of the final test report and the department's determination as to whether the firearm tested may be sold in this state.
(d) (1) Commencing January 1, 2006, no center-fire semiautomatic pistol may be submitted for testing pursuant to Sections 31900 to 32110, inclusive, if it does not have either a chamber load indicator, or a magazine disconnect mechanism if it has a detachable magazine.
(2) Commencing January 1, 2007, no center-fire semiautomatic pistol may be submitted for testing pursuant to Sections 31900 to 32110, inclusive, if it does not have both a chamber load indicator and a magazine disconnect mechanism.
Page 65 of 84
ENCLOSURE 1 (3) Commencing January 1, 2006, no rimfire semiautomatic pistol may be submitted for testing pursuant to Sections 31900 to 32110, inclusive, if it has a detachable magazine, and does not have a magazine disconnect mechanism.
(Added by Stats. 2010, Ch. 711, Sec. 6. Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
32015.
(a) On and after January 1, 2001, the Department of Justice shall compile, publish, and thereafter maintain a roster listing all of the pistols, revolvers, and other firearms capable of being concealed upon the person that have been tested by a certified testing laboratory, have been determined not to be unsafe handguns, and may be sold in this state pursuant to this part. The roster shall list, for each firearm, the manufacturer, model number, and model name.
(b) (1) The department may charge every person in this state who is licensed as a manufacturer of firearms pursuant to Chapter 44 (commencing with Section 921) of Title 18 of the United States Code, and any person in this state who manufactures or causes to be manufactured, imports into the state for sale, keeps for sale, or offers or exposes for sale any pistol, revolver, or other firearm capable of being concealed upon the person in this state, an annual fee not exceeding the costs of preparing, publishing, and maintaining the roster pursuant to subdivision (a) and the costs of research and development, report analysis, firearms storage, and other program infrastructure costs necessary to implement Sections 31900 to 32110, inclusive.
(2) Any pistol, revolver, or other firearm capable of being concealed upon the person that is manufactured by a manufacturer who manufactures or causes to be manufactured, imports into the state for sale, keeps for sale, or offers or exposes for sale any pistol, revolver, or other firearm capable of being concealed upon the person in this state, and who fails to pay any fee required pursuant to paragraph (1), may be excluded from the roster.
(3) If a purchaser has initiated a transfer of a handgun that is listed on the roster as not unsafe, and prior to the completion of the transfer, the handgun is removed from the roster of not unsafe handguns because of failure to pay the fee required to keep that handgun listed on the roster, the handgun shall be deliverable to the purchaser if the purchaser is not otherwise prohibited from purchasing or possessing the handgun. However, if a purchaser has initiated a transfer of a handgun that is listed on the roster as not unsafe, and prior to the completion of the transfer, the handgun is removed from the roster pursuant to subdivision (d) of Section 32020, the handgun shall not be deliverable to the purchaser.
(Added by Stats. 2010, Ch. 711, Sec. 6. Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
32020.
(a) The Attorney General may annually retest up to 5 percent of the handgun models that are listed on the roster described in subdivision (a) of Section 32015.
Page 66 of 84
ENCLOSURE 1 (b) The retesting of a handgun model pursuant to subdivision (a) shall conform to the following:
(1) The Attorney General shall obtain from retail or wholesale sources, or both, three samples of the handgun model to be retested.
(2) The Attorney General shall select the certified laboratory to be used for the retesting.
(3) The ammunition used for the retesting shall be of a type recommended by the manufacturer in the user manual for the handgun. If the user manual for the handgun model makes no ammunition recommendation, the Attorney General shall select the ammunition to be used for the retesting. The ammunition shall be of the proper caliber for the handgun, commercially available, and in new condition.
(c) The retest shall be conducted in the same manner as the testing prescribed in Sections 31900 and 31905.
(d) If the handgun model fails retesting, the Attorney General shall remove the handgun model from the roster maintained pursuant to subdivision (a) of Section 32015.
(Added by Stats. 2010, Ch. 711, Sec. 6. Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
32025.
A handgun model removed from the roster pursuant to subdivision (d) of Section 32020 may be reinstated on the roster if all of the following are met:
(a) The manufacturer petitions the Attorney General for reinstatement of the handgun model.
(b) The manufacturer pays the Department of Justice for all of the costs related to the reinstatement testing of the handgun model, including the purchase price of the handguns, prior to reinstatement testing.
(c) The reinstatement testing of the handguns shall be in accordance with subdivisions (b) and (c) of Section 32020.
(d) The three handgun samples shall be tested only once for reinstatement. If the sample fails it may not be retested.
(e) If the handgun model successfully passes testing for reinstatement, and if the manufacturer of the handgun is otherwise in compliance with Sections 31900 to 32110, inclusive, the Attorney General shall reinstate the handgun model on the roster maintained pursuant to subdivision (a) of Section 32015.
(f) The manufacturer shall provide the Attorney General with the complete testing history for the handgun model.
(g) Notwithstanding subdivision (a) of Section 32020, the Attorney General may, at any time, further retest any handgun model that has been reinstated to the roster.
(Added by Stats. 2010, Ch. 711, Sec. 6. Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
Page 67 of 84
ENCLOSURE 1 32030.
(a) A firearm shall be deemed to satisfy the requirements of subdivision (a) of Section 32015 if another firearm made by the same manufacturer is already listed and the unlisted firearm differs from the listed firearm only in one or more of the following features:
(1) Finish, including, but not limited to, bluing, chrome-plating, oiling, or engraving.
(2) The material from which the grips are made.
(3) The shape or texture of the grips, so long as the difference in grip shape or texture does not in any way alter the dimensions, material, linkage, or functioning of the magazine well, the barrel, the chamber, or any of the components of the firing mechanism of the firearm.
(4) Any other purely cosmetic feature that does not in any way alter the dimensions, material, linkage, or functioning of the magazine well, the barrel, the chamber, or any of the components of the firing mechanism of the firearm.
(b) Any manufacturer seeking to have a firearm listed under this section shall provide to the Department of Justice all of the following:
(1) The model designation of the listed firearm.
(2) The model designation of each firearm that the manufacturer seeks to have listed under this section.
(3) A statement, under oath, that each unlisted firearm for which listing is sought differs from the listed firearm only in one or more of the ways identified in subdivision (a) and is in all other respects identical to the listed firearm.
(c) The department may, in its discretion and at any time, require a manufacturer to provide to the department any model for which listing is sought under this section, to determine whether the model complies with the requirements of this section.
(Added by Stats. 2010, Ch. 711, Sec. 6. Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
CHAPTER 4. Handguns [31500. - 32110.]
( Chapter 4 added by Stats. 2010, Ch. 711, Sec. 6.)
ARTICLE 6. Exceptions to Rules Governing Unsafe Handguns [32100. -
32110.]
(Article 6 added by Stats. 2010, Ch. 711, Sec. 6.)
32100.
(a) Article 4 (commencing with Section 31900) and Artic!e 5 (commencing with Section 32000) shall not apply to a single-action revolver that has at least a five-cartridge capacity with a barrel length of not less than three inches, and meets any of the following specifications:
(1) Was originally manufactured prior to 1900 and is a curio or relic, as defined in Section 478.11 of Title 27 of the Code of Federal Regulations.
Page 68 of 84
ENCLOSURE 1 (2) Has an overall length measured parallel to the barrel of at least seven and one-half inches when the handle, frame or receiver, and barrel are assembled.
(3) Has an overall length measured parallel to the barrel of at least seven and one-half inches when the handle, frame or receiver, and barrel are assembled and that is currently approved for importation into the United States pursuant to the provisions of paragraph (3) of subsection (d) of Section 925 of Title 18 of the United States Code.
(b) Article 4 (commencing with Section 31900) and Article 5 (commencing with Section 32000) shall not apply to a single-shot pistol with a barrel length of not less than six inches and that has an overall length of at least 101/2 inches when the handle, frame or receiver, and barrel are assembled.
(Added by Stats. 2010, Ch. 711, Sec. 6. Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
32105.
(a) The Legislature finds a significant public purpose in exempting pistols that are designed expressly for use in Olympic target shooting events. Therefore, those pistols that are sanctioned by the International Olympic Committee and by USA Shooting, the national governing body for international shooting competition in the United States, and that were used for Olympic target shooting purposes as of January 1, 2001, and that fall within the definition of "unsafe handgun" pursuant to paragraph (3) of subdivision (b) of Section 31910 shall be exempt, as provided in subdivisions (b) and (c).
(b) Article 4 (commencing with Section 31900) and Article 5 (commencing with Section 32000) shall not apply to any of the following pistols, because they are consistent with the significant public purpose expressed in subdivision (a):
MANUFACTURER ANSCHUTZ BENELLI BENELLI BENELLI MODEL CALIBER FP
.22LR MP90
.22LR MP90
.32 S&W MP95
.22LR LONG BENELLI MP95 DRULOV GREEN HAMMERLI HAMMERLI FP ELECTROARM 100 101
.32 S&W LONG
.22LR
.22LR
.22LR
.22LR Page 69 of 84
ENCLOSURE 1 HAMMERLI HAMMERLI HAMMERLI HAMMERLI HAMMERLI HAMMERLI HAMMERLI HAMMERLI MORINI MORINI MORINI MORINI PARDINI PARDINI PARDINI PARDINI PARDINI PARDINI PARDINI PARDINI PARDINI SAKO STEYR VOSTOK VOSTOK VOSTOK WALTHER 102 162 280 280 FP10 MP33 SP20 SP20 CM102E 22M 32M CM80 GP GPO GP-SCHUMANN HP K22 MP PGP75 SP SPE FINMASTER FP IZH NO. 1 MU55 TOZ35 FP
.22LR
.22LR
.22LR
.32 S&W LONG
.22LR
.22LR
.22LR
.32 S&W LONG
.22LR
.22LR
.32 S&W LONG
.22LR
.22 SHORT
.22 SHORT
.22 SHORT
.32 S&W LONG
.22LR
.32 S&W LONG
.22LR
.22LR
.22LR
.22LR
.22LR
.22LR
.22LR
.22LR
.22LR Page 70 of 84
ENCLOSURE 1 WALTHER GSP
.22LR WALTHER GSP
.32 S&W LONG WALTHER OSP
.22 SHORT WALTHER OSP-2000
.22 SHORT (c) The department shall create a program that is consistent with the purpose stated in subdivision (a) to exempt new models of competitive firearms from Article 4 (commencing with Section 31900) and Article 5 (commencing with Section 32000). The exempt competitive firearms may be based on recommendations by USA Shooting consistent with the regulations contained in the USA Shooting Official Rules or may be based on the recommendation or rules of any other organization that the department deems relevant.
(Amended by Stats. 2011, Ch. 296, Sec. 243. Effective January 1, 2012.)
32110.
Article 4 (commencing with Section 31900) and Article 5 (commencing with Section 32000) shall not apply to any of the following:
(a) The sale, loan, or transfer of any firearm pursuant to Chapter 5 (commencing with Section 28050) of Division 6 in order to comply with Section 27545.
(b) The sale, loan, or transfer of any firearm that is exempt from the provisions of Section 27545 pursuant to any applicable exemption contained in Article 2 (commencing with Section 27600) or Article 6 (commencing with Section 27850) of Chapter 4 of Division 6, if the sale, loan, or transfer complies with the requirements of that applicable exemption to Section 27545.
(c) The sale, loan, or transfer of any firearm as described in paragraph (3) of subdivision (b) of Section 32000.
(d) The delivery of a pistol, revolver, or other firearm capable of being concealed upon the person to a person licensed pursuant to Sections 26700 to 26915, inclusive, for the purposes of the service or repair of that firearm.
(e) The return of a pistol, revolver, or other firearm capable of being concealed upon the person by a person licensed pursuant to Sections 26700 to 26915, inclusive, to its owner where that firearm was initially delivered in the circumstances set forth in subdivision (a), (d), (f), or (i).
(f) The delivery of a pistol, revolver, or other firearm capable of being concealed upon the person to a person licensed pursuant to Sections 26700 to 26915, inclusive, for the purpose of a consignmnent sale or as collateral for a pawnbroker loan.
(g) The sale, loan, or transfer of any pistol, revolver, or other firearm capable of being concealed upon the person listed as a curio or relic, as defined in Section 478.11 of Title 27 of the Code of Federal Regulations.
(h) The sale, loan, or transfer of any semiautomatic pistol that is to be used solely as a prop during the course of a motion picture, television, or video production by Page 71 of 84
ENCLOSURE 1 an authorized participant therein in the course of making that production or event or by an authorized employee or agent of the entity producing that production or event.
(i) The delivery of a pistol, revolver, or other firearm capable of being concealed upon the person to a person licensed pursuant to Sections 26700 to 26915, inclusive, where the firearm is being loaned by the licensee to a consultant-evaluator.
(j) The delivery of a pistol, revolver, or other firearm capable of being concealed upon the person by a person licensed pursuant to Sections 26700 to 26915, inclusive, where the firearm is being loaned by the licensee to a consultant-evaluator.
(k) The return of a pistol, revolver, or other firearm capable of being concealed upon the person to a person licensed pursuant to Sections 26700 to 26915, inclusive, where it was initially delivered pursuant to subdivision (j).
(Added by Stats. 2010, Ch. 711, Sec. 6. Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
CHAPTER 5. Large-capacity magazine [32310. - 32450.]
(Chapter 5 added by Stats. 2010, Ch. 711, Sec. 6. )
ARTICLE 1. Rules Governing Large-capacity magazines [32310. - 32390.]
(Article 1 added by Stats. 2010, Ch. 711, Sec. 6.)
32310.
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, 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.
(Amended by Stats. 2012, Ch. 43, Sec. 107. Effective June 27, 2012.)
32315.
Upon a showing that good cause exists, the Department of Justice may issue permits for the possession, transportation, or sale between a person licensed pursuant to Sections 26700 to 26915, inclusive, and an out-of-state client, of large-capacity magazines.
(Added by Stats. 2010, Ch. 711, Sec. 6. Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
Page 72 of 84
ENCLOSURE 1 32390.
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 large-capacity magazine is a nuisance and is subject to Section 18010.
(Added by Stats. 2010, Ch. 711, Sec. 6. Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
ARTICLE 2. Exceptions Relating Specifically to Large-capacity magazines
[32400.- 32450.]
(Article 2 added by Stats. 2010, Ch. 711, Sec. 6.)
32400.
Section 32310 does not apply to the sale of, giving of, lending 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.
(Added by Stats. 2010, Ch. 711, Sec. 6. Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
32405.
Section 32310 does not apply to the sale to, lending to, transfer to, purchase by, receipt 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, who is authorized to carry a firearm in the course and scope of that officer's duties.
(Added by Stats. 2010, Ch. 711, Sec. 6. Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
32410.
Section 32310 does not apply to the sale or purchase of any large-capacity magazine to or by a person licensed pursuant to Sections 26700 to 26915, inclusive.
(Added by Stats. 2010, Ch. 711, Sec. 6. Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
Page 73 of 84
ENCLOSURE 1 32415.
Section 32310 does not apply to the loan of a lawfully possessed large-capacity magazine between two individuals if all of the following conditions are met:
(a) The person being loaned the large-capacity magazine is not prohibited by Chapter 1 (commencing with Section 29610), Chapter 2 (commencing with Section 29800), or Chapter 3 (commencing with Section 29900) of Division 9 of this title or Section 8100 or 8103 of the Welfare and Institutions Code from possessing firearms or ammunition.
(b) The loan of the large-capacity magazine occurs at a place or location where the possession of the large-capacity magazine is not otherwise prohibited, and the person who lends the large-capacity magazine remains in the accessible vicinity of the person to whom the large-capacity magazine is loaned.
(Added by Stats. 2010, Ch. 711, Sec. 6. Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
32420.
Section 32310 does not apply to the importation of a large-capacity magazine by a person who lawfully possessed the large-capacity magazine in the state prior to January 1, 2000, lawfully took it out of the state, and is returning to the state with the same large-capacity magazine.
(Added by Stats. 2010, Ch. 711, Sec. 6. Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
32425.
Section 32310 does not apply to either of the following:
(a) The lending or giving of any large-capacity magazine to a person licensed pursuant to Sections 26700 to 26915, inclusive, or to a gunsmith, for the purposes of maintenance, repair, or modification of that large-capacity magazine.
(b) The return to its owner of any large-capacity magazine by a person specified in subdivision (a).
(Added by Stats. 2010, Ch. 711, Sec. 6. Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
32430.
Section 32310 does not apply to the importation into this state of, or sale of, any large-capacity magazine by a person who has been issued a permit to engage in those activities pursuant to Section 32315, when those activities are in accordance with the terms and conditions of that permit.
(Added by Stats. 2010, Ch. 711, Sec. 6. Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
Page 74 of 84
ENCLOSURE 1 32435.
Section 32310 does not apply to any of the following:
(a) The sale of, giving of, lending 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, 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).
(Added by Stats. 2010, Ch. 711, Sec. 6. Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
32440.
Section 32310 does not apply to any of the following:
(a) The manufacture of a large-capacity magazine for 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.
(b) The manufacture of a large-capacity magazine for use by a sworn peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2, who is authorized to carry a firearm in the course and scope of that officer's duties.
(c) The manufacture of a large-capacity magazine for export or for sale to government agencies or the military pursuant to applicable federal regulations.
(Added by Stats. 2010, Ch. 711, Sec. 6. Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
32445.
Section 32310 does not apply to the loan of a large-capacity magazine for use solely as a prop for a motion picture, television, or video production.
(Added by Stats. 2010, Ch. 711, Sec. 6. Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
32450.
Section 32310 does not apply to the purchase 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.
Page 75 of 84
ENCLOSURE 1 (b) For export pursuant to federal regulations.
(c) For resale to law enforcement agencies, government agencies, or the military, pursuant to applicable federal regulations.
(Added by Stats. 2010, Ch. 711, Sec. 6. Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
CHAPTER 5. Large-capacity magazine [32310. - 32450.]
(Chapter 5 added by Stats. 2010, Ch. 711, Sec. 6. )
ARTICLE 1. Rules Governing Large-capacity magazines [32310. - 32390.]
(Article 1 added by Stats. 2010, Ch. 711, Sec. 6.)
32310.
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, 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.
(Amended by Stats. 2012, Ch. 43, Sec. 107. Effective June 27, 2012.)
32315.
Upon a showing that good cause exists, the Department of Justice may issue permits for the possession, transportation, or sale between a person licensed pursuant to Sections 26700 to 26915, inclusive, and an out-of-state client, of large-capacity magazines.
(Added by Stats. 2010, Ch. 711, Sec. 6. Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
32390.
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 large-capacity magazine is a nuisance and is subject to Section 18010.
(Added by Stats. 2010, Ch. 711, Sec. 6. Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
CHAPTER 5. Large-capacity magazine [32310. - 32450.]
( Chapter 5 added by Stats. 2010, Ch. 711, Sec. 6. )
Page 76 of 84
ENCLOSURE 1 ARTICLE 2. Exceptions Relating Specifically to Large-capacity magazines
[32400. - 32450.]
(Article 2 added by Stats. 2010, Ch. 711, Sec. 6.)
32400.
Section 32310 does not apply to the sale of, giving of, lending 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.
(Added by Stats. 2010, Ch. 711, Sec. 6. Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
32405.
Section 32310 does not apply to the sale to, lending to, transfer to, purchase by, receipt 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, who is authorized to carry a firearm in the course and scope of that officer's duties.
(Added by Stats. 2010, Ch. 711, Sec. 6. Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
32410.
Section 32310 does not apply to the sale or purchase of any large-capacity magazine to or by a person licensed pursuant to Sections 26700 to 26915, inclusive.
(Added by Stats. 2010, Ch. 711, Sec. 6. Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
32415.
Section 32310 does not apply to the loan of a lawfully possessed large-capacity magazine between two individuals if all of the following conditions are met:
(a) The person being loaned the large-capacity magazine is not prohibited by Chapter 1 (commencing with Section 29610), Chapter 2 (commencing with Section 29800), or Chapter 3 (commencing with Section 29900) of Division 9 of this title or Section 8100 or 8103 of the Welfare and Institutions Code from possessing firearms or ammunition.
(b) The loan of the large-capacity magazine occurs at a place or location where the possession of the large-capacity magazine is not otherwise prohibited, and the person who lends the large-capacity magazine remains in the accessible vicinity of the person to whom the large-capacity magazine is loaned.
Page 77 of 84
ENCLOSURE 1 (Added by Stats. 2010, Ch. 711, Sec. 6. Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
32420.
Section 32310 does not apply to the importation of a large-capacity magazine by a person who lawfully possessed the large-capacity magazine in the state prior to January 1, 2000, lawfully took it out of the state, and is returning to the state with the same large-capacity magazine.
(Added by Stats. 2010, Ch. 711, Sec. 6. Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
32425.
Section 32310 does not apply to either of the following:
(a) The lending or giving of any large-capacity magazine to a person licensed pursuant to Sections 26700 to 26915, inclusive, or to a gunsmith, for the purposes of maintenance, repair, or modification of that large-capacity magazine.
(b) The return to its owner of any large-capacity magazine by a person specified in subdivision (a).
(Added by Stats. 2010, Ch. 711, Sec. 6. Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
32430.
Section 32310 does not apply to the importation into this state of, or sale of, any large-capacity magazine by a person who has been issued a permit to engage in those activities pursuant to Section 32315, when those activities are in accordance with the terms and conditions of that permit.
(Added by Stats. 2010, Ch. 711, Sec. 6. Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
32435.
Section 32310 does not apply to any of the following:
(a) The sale of, giving of, lending 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, 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).
(Added by Stats. 2010, Ch. 711, Sec. 6. Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
Page 78 of 84
ENCLOSURE 1 32440.
Section 32310 does not apply to any of the following:
(a) The manufacture of a large-capacity magazine for 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.
(b) The manufacture of a large-capacity magazine for use by a sworn peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2, who is authorized to carry a firearm in the course and scope of that officer's duties.
(c) The manufacture of a large-capacity magazine for export or for sale to government agencies or the military pursuant to applicable federal regulations.
(Added by Stats. 2010, Ch. 711, Sec. 6. Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
32445.
Section 32310 does not apply to the loan of a large-capacity magazine for use solely as a prop for a motion picture, television, or video production.
(Added by Stats. 2010, Ch. 711, Sec. 6. Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
32450.
Section 32310 does not apply to the purchase 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.
(Added by Stats. 2010, Ch. 711, Sec. 6. Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
CHAPTER 6. Machineguns [32610. - 32750.]
(Chapter 6 added by Stats. 2010, Ch. 711, Sec. 6.)
ARTICLE 1. General Provisions [32610.- 32610.]
(Article I added by Stats. 2010, Ch. 711, Sec. 6.)
Page 79 of 84
ENCLOSURE 1 32610.
Nothing in this chapter shall affect or apply to any of the following:
(a) The sale to, purchase by, or possession of machineguns by a police department, a sheriff's office, a marshal's office, a district attorney's office, the California Highway Patrol, the Department of Justice, the Department of Corrections for use by the department's Special Emergency Response Teams and Law Enforcement Liaison/Investigations Unit, or the military or naval forces of this state or of the United States for use in the discharge of their official duties, provided, however, that any sale to these entities be transacted by a person who is permitted pursuant to Section 32650 and licensed pursuant to Article 4 (commencing with Section 32700).
(b) The possession of machineguns by regular, salaried, full-time peace officer members of a police department, sheriff's office, marshal's office, district attorney's office, the California Highway Patrol, the Department of Justice, or the Department of Corrections for use by the department's Special Emergency Response Teams and Law Enforcement Liaison/Investigations Unit, when on duty and if the use is within the scope of their duties.
(Added by Stats. 2010, Ch. 711, Sec. 6. Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
CHAPTER 6. Machineguns [32610. - 32750.]
(Chapter 6 added by Stats. 2010, Ch. 711, Sec. 6.)
ARTICLE 2. Unlawful Acts Relating to Machineguns [32625. - 32625.]
(Article 2 added by Stats. 2010, Ch. 711, Sec. 6.)
32625.
(a) Any person, firm, or corporation, who within this state possesses or knowingly transports a machinegun, except as authorized by this chapter, is guilty of a public offense and upon conviction thereof shall be punished by imprisonment pursuant to subdivision (h) of Section 1170, or by a fine not to exceed ten thousand dollars
($10,000), or by both that fine and imprisonment.
(b) Any person, firm, or corporation who within this state intentionally converts a firearm into a machinegun, or who sells, or offers for sale, or knowingly manufactures a machinegun, except as authorized by this chapter, is punishable by imprisonment pursuant to subdivision (h) of Section 1170 for four, six, or eight years.
(Amended by Stats. 2011, Ch. 15, Sec. 553. Effective April 4, 2011. Amendment operative October 1, 2011, by Sec. 636 of Ch. 15, as amended by Stats. 2011, Ch.
39, Sec. 68. Section operative January 1, 2012, pursuant to Stats. 2010, Ch. 711, Sec. 10.)
Page 80 of 84
ENCLOSURE 1 CHAPTER 6. Machineguns [32610. - 32750.]
(Chapter 6 added by Stats. 2010, Ch. 711, Sec. 6.)
ARTICLE 3. Permits [32650. - 32670.]
(Article 3 added by Stats. 2010, Ch. 711, Sec. 6.)
32650.
The Department of Justice may issue permits for the possession, manufacture, and transportation or possession, manufacture, or transportation of machineguns, upon a satisfactory showing that good cause exists for the issuance of the permit to the applicant. No permit shall be issued to a person who is under 18 years of age.
(Added by Stats. 2010, Ch. 711, Sec. 6. Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
32655.
(a) An application for a permit under this article shall satisfy all of the following conditions:
(1) It shall be filed in writing.
(2) It shall be signed by the applicant if an individual, or by a member or officer qualified to sign if the applicant is a firm or corporation.
(3) It shall state the applicant's name.
(4) It shall state the business in which the applicant is engaged.
(5) It shall state the applicant's business address.
(6) It shall include a full description of the use to which the firearms are to be put.
(b) Applications and permits shall be uniform throughout the state on forms prescribed by the Department of Justice.
(c) Each applicant for a permit shall pay at the time of filing the application a fee determined by the Department of Justice. The fee shall not exceed the application processing costs of the Department of Justice.
(d) A permit granted pursuant to this article may be renewed one year from the date of issuance, and annually thereafter, upon the filing of a renewal application and the payment of a permit renewal fee, which shall not exceed the application processing costs of the Department of Justice.
(e) After the department establishes fees sufficient to reimburse the department for processing costs, fees charged shall increase at a rate not to exceed the legislatively approved annual cost-of-living adjustments for the department's budget.
(Added by Stats. 2010, Ch. 711, Sec. 6. Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
Page 81 of 84
ENCLOSURE 1 32660.
Every person, firm, or corporation to whom a permit is issued under this article shall keep it on the person or at the place where the firearms are kept. The permit shall be open to inspection by any peace officer or any other person designated by the authority issuing the permit.
(Added by Stats. 2010, Ch. 711, Sec. 6. Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
32665.
A permit issued in accordance with this chapter may be revoked by the issuing authority at any time, when it appears that the need for the firearms has ceased or that the holder of the permit has used the firearms for purposes other than those allowed by the permit or that the holder of the permit has not exercised great care in retaining custody of any weapons possessed under the permit.
(Added by Stats. 2010, Ch. 711, Sec. 6. Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
32670.
(a) Except as provided in subdivision (b), the Department of Justice shall, for every person, firm, or corporation to whom a permit is issued pursuant to this article, annually conduct an inspection for security and safe storage purposes, and to reconcile the inventory of machineguns.
(b) A person, firm, or corporation with an inventory of fewer than five devices that require any Department of Justice permit shall be subject to an inspection for security and safe storage purposes, and to reconcile inventory, once every five years, or more frequently if determined by the department.
(Added by Stats. 2010, Ch. 711, Sec. 6. Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
CHAPTER 6. Machineguns [32610. - 32750.]
( Chapter 6 added by Stats. 2010, Ch. 711, Sec. 6.)
ARTICLE 4. Licenses to Sell Machineguns [32700. - 32720.]
(Article 4 added by Stats. 2010, Ch. 711, Sec. 6.)
32700.
The Department of Justice may grant a license to permit the sale of machineguns at the place specified in the license, subject to all of the following conditions:
(a) The business shall be carried on only in the place designated in the license.
(b) The license or a certified copy of the license must be displayed on the premises in a place where it may easily be read.
Page 82 of 84
ENCLOSURE 1 (c) No machinegun shall be delivered to any person not authorized to receive the machinegun under the provisions of this chapter.
(d) A complete record must be kept of sales made under the authority of the license, showing the name and address of the purchaser, the descriptions and serial numbers of the weapons purchased, the number and date of issue of the purchaser's permit, if any, and the signature of the purchaser or purchasing agent.
This record shall be open to the inspection of any peace officer or other person designated by the Attorney General.
(Added by Stats. 2010, Ch. 711, Sec. 6. Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
32705.
An application for a license under this article shall satisfy all of the following conditions:
(a) It shall be filed in writing.
(b) It shall be signed by the applicant if an individual, or by a member or officer qualified to sign if the applicant is a firm or corporation.
(c) It shall state the applicant's name.
(d) It shall state the business in which the applicant is engaged.
(e) It shall state the applicant's business address.
(f) It shall include a full description of the use to which the firearms are to be put.
(Added by Stats. 2010, Ch. 711, Sec. 6. Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
32710.
(a) Applications and licenses under this article shall be uniform throughout the state, on forms prescribed by the Department of Justice.
(b) A license under this article shall be effective for not more than one year from the date of issuance.
(Added by Stats. 2010, Ch. 711, Sec. 6. Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
32715.
(a) Each applicant for a license under this article shall pay at the time of filing the application a fee determined by the Department of Justice. The fee shall not exceed the application processing costs of the Department of Justice.
(b) A license granted pursuant to this article may be renewed one year from the date of issuance, and annually thereafter, upon the filing of a renewal application and the payment of a license renewal fee, which shall not exceed the application processing costs of the Department of Justice.
(c) After the department establishes fees sufficient to reimburse the department for processing costs, fees charged shall increase at a rate not to exceed the Page 83 of 84
ENCLOSURE 1 legislatively approved annual cost-of-living adjustments for the department's budget.
(Added by Stats. 2010, Ch. 711, Sec. 6. Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
32720.
Upon breach of any of the conditions stated in Section 32700, a license under this article shall be revoked.
(Added by Stats. 2010, Ch. 711, Sec. 6. Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
CHAPTER 6. Machineguns [32610. - 32750.]
(Chapter 6 added by Stats. 2010, Ch. 711, Sec. 6.)
ARTICLE 5. Machinegun Constituting Nuisance [32750. - 32750.]
(Article 5 added by Stats. 2010, Ch. 711, Sec. 6.)
32750.
(a) It shall be a public nuisance to possess any machinegun in violation of this chapter.
(b) The Attorney General, any district attorney, or any city attorney may bring an action before the superior court to enjoin the possession of any machinegun in violation of this chapter.
(c) Any machinegun found to be in violation of this chapter shall be surrendered to the Department of Justice. The department shall destroy the machinegun so as to render it unusable and unrepairable as a machinegun, except upon the filing of a certificate with the department by a judge or district attorney stating that the preservation of the machinegun is necessary to serve the ends of justice.
(Added by Stats. 2010, Ch. 711, S6c. 6. Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
Page 84 of 84
ENCLOSURE1 ATTACHMENT 2 Sample of Proposed California State Laws and Regulations In Current Legislative Session that Could Impact Possession, Use or Access to Covered Weapons Page 1 of 4
ENCLOSURE 1 SCE identifies below selected California State Assembly bills (AB) and California State Senate bills (SB), which were being considered during the current session of the California legislature as of July 16, 2013, as specific pertinent examples of proposed California laws and regulations that necessitate stand-alone preemption authority, with certain problematic portions highlighted for ease of reference
(
Reference:
http://bloq.crpa.org/?page id=78).
AB 48 (Skinner)
Firearms: ammunition: sales
- 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 buy or receive a large capacity magazine or 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. By creating a new crime, this bill would impose a state-mandated local program.
This bill contains other related provisions and other existing laws.
(Based on text date 6/24/2013)
AB 169 (Dickinson)
Unsafe Handguns (1) Existing law provides for the testing of handguns and requires the Department of Justice to maintain a roster listing all handguns that are determined not to be unsafe handguns. Existing law makes it a crime, punishable by imprisonment in a county jail not exceeding one year, to manufacture, import into the state for sale, keep for sale, offer or expose for sale, give, or lend an unsafe handgun. Existing law provides that the provisions defining and governing unsafe handguns do not apply to the sale, loan, or transfer of any firearm in a transaction that requires the use of a licensed dealer or to the delivery of a firearm to a licensed dealer for purposes of a consignment sale or as collateral for a pawnbroker loan.
This bill would limit these exemptions to a maximum of 2 firearms per person, per calendar year, and would make the provisions defining and governing unsafe handguns inapplicable to the sale, loan, or transfer of any pistol, revolver, or other firearm capable of being concealed upon the person, conducted through a licensed Page 2 of 4
ENCLOSURE 1 dealer, that was listed on the roster of not unsafe handguns but was subsequently removed because of the failure to pay the fee necessary to keep the firearm listed on the roster. By expanding the definition of a crime, this bill would impose a state-mandated local program.
This bill contains other related provisions and other existing laws.
(Based on text date 6/24/2013)
AB 170 (Bradford)
Assault weapons and.50 BMG rifles Existing law, subject to exceptions, generally prohibits the possession of an assault weapon or a.50 BMG rifle, as defined. Violation of these prohibitions is a criminal offense. Existing law requires a person who wishes to acquire an assault weapon or
.50 BMG rifle to obtain a permit from the Department of Justice. Existing law defines "person" as an individual, partnership, corporation, limited liability company, association, or any other group or entity, regardless of how it was created, for these permit purposes and other purposes related to the regulation of assault weapons and.50 BMG rifles. Existing law requires a permit to possess a machinegun.
Violation of these provisions is a criminal offense.
This bill would limit "person" to an individual for those permit purposes for assault weapons,.50 BMG rifles, and machineguns, and other purposes related to the regulation of assault weapons and.50 BMG rifles. The bill would except application of that definition from provisions that generally prohibit the manufacture, distribution, transportation, importation, keeping for sale, offering for sale, exposing for sale, giving, or lending, of an assault weapon or.50 BMG rifle, and from provisions imposing specified sentencing enhancements related to violations of law relating to assault weapons or.50 BMG rifles. The bill would make additional conforming changes, including changes relating to annual inspections, for security and safe storage purposes, of certain permitees possessing assault weapons or.50 BMG rifles, as specified.
This bill contains other related provisions and other existing laws.
(Based on text date 5/29/2013)
SB 293 (DeSaulnier)
Firearms: owner-authorized handguns Existing law establishes criteria for determining if a handgun is unsafe. Existing law generally requires manufacturers to submit samples of new handgun models for testing to determine if they are unsafe or may be approved for sale, as specified.
Existing law requires the Department of Justice to compile a roster listing all of the handguns that have been tested and determined not to be unsafe. Other provisions Page 3 of 4
ENCLOSURE 1 of existing law, subject to exceptions, generally make it an offense to manufacture or sell a handgun that is not safe.
This bill would define an owner-authorized handgun as a handgun that has a permanent feature that renders the handgun incapable of being fired except when activated by the lawful owner or owners of the handgun. The bill would specify requirements that an owner-authorized handgun would be required to meet, and would require a manufacturer that has developed an owner-authorized handgun meeting those requirements to submit the handgun for testing, at the manufacturer's expense, before the handgun may be placed on the roster of handguns determined not to be unsafe. If two owner-authorized handguns have been placed on the roster, the bill would, commencing two years from the date that the second handgun was placed on the roster, prohibit the Department of Justice from placing a handgun on the roster that is not an owner-authorized handgun.
This bill contains other related provisions and other existing laws.
(Based on text date 5/24/2013)
SB 374 (Steinberg)
Firearms: assault weapons Existing law regulates the sale, carrying, and control of firearms, including assault weapons, and requires assault weapons to be registered with the Department of Justice. Violation of these provisions is a crime. Existing law defines a semiautomatic, centerfire rifle that has the capacity to accept a detachable magazine and other specified features and a semiautomatic weapon that has a fixed magazine with a capacity to accept 10 or more rounds as an assault weapon.
This bill would, instead, classify a semiautomatic, rimfire or centerfire rifle that does not have a fixed magazine with the capacity to accept no more than 10 rounds as an assault weapon. The bill would require a person who, between January 1, 2001, and prior to January 1, 2014, lawfully possessed an assault weapon that does not have a fixed magazine, including those weapons with an ammunition feeding device that can be removed readily from the firearm with the use of a tool, to register the firearm by July 1, 2014. By expanding the definition of a crime, this bill would impose a state-mandated local program.
This bill contains other related provisions and other existing laws.
(Based on text date 5/28/2013)
Page 4 of 4
ENCLOSURE1 Specific Impacts of Existing and Proposed California State Laws and Regulations On Possession, Use or Access to Covered Weapons Page 1 of 8
ENCLOSURE 1 The type and caliber of firearms and ammunition feeding devices for which stand-alone preemption is requested are listed under Section 161A and meet the criteria described in the Firearms Guidelines.
The firearms and ammunition feeding devices for which stand-alone preemption is requested are the semi-automatic assault weapons, handguns, and large capacity ammunition feeding devices described below.
I[... ]
The impacts that the identified state laws or regulations will have on the SCE's physical protection program if stand-alone preemption authority is not granted by the Commission are described below with respect to SCE's capability to provide "high assurance" as required by 10 CFR 73.55(b)(1) and/or how these laws or regulations would prohibit the transfer, receipt, possession, transport, import, and use of firearms and/or ammunition feeding devices listed under Section 161 A.
The impacts that the identified California state laws or regulations will have on the physical protection program at San Onofre Nuclear Generating Station (SONGS), if stand-alone preemption authority is not granted, are as follows:
- a. With respect to the identified sections of the California Business and Professions Code, Division 3, Chapter 11.5 regarding security officer training and certification:
[... ]
- b. With respect to the identified sections of California Penal Code, Title 4, Division 6, Chapter 4, Article 1, Sections 27500 through 28000 regarding restrictions on firearms purchases per month:
[... ]
- c. With respect to the identified sections of California Penal Code, Title 1, Division 2, Sections 16100 through 16970; Title 4, Division 6, Chapter 4, Sections 27500 through 27590; and Title 4, Division 10, Chapters 2-6, Sections 30500 through 32750, and other Sections regarding restrictions and registration requirements on semi-automatic assault weapons and high capacity magazines, if preemption authority is not granted by the Commission:
I... ]
Page 2 of 8
ENCLOSURE 1 Assault weapons
[
I ii.
High capacity magazines
[
... ]
iii. Permits for assault weapons and high capacity magazines
[
... ]
- d. With respect to the sample of the proposed California state laws and regulations being considered in the current legislative session of the California Assembly and California Senate, if preemption authority is not granted by the Commission:
I
- i. AB 48 Firearms: ammunition: sales AB 48 proposes ammunition registration, including notification to local law enforcement if a person purchases more than 3,000 rounds within a five-day period, and bans high-capacity magazines and kits that hold more than 10 rounds.
[o...]
ii. AB 169 Unsafe Handguns AB 169 proposes a ban on private party transfers of handguns, including non-rostered handguns purchased by peace officers. This bill provides no mechanism for the legal transfer of firearms not on the roster of handguns approved by the Department of Justice.
ii... ]
iii.
AB 170 Assault Weapons and.50 BMG Rifles AB 170 proposes a ban on purchase of assault weapons by corporations.
II...*]
Page 3 of 8
ENCLOSURE I iv. SB 293 Firearms: owner-authorized handguns SB 293 proposes to require any new handguns sold in California to be equipped with owner recognition technology.
[... ]
- v. SB 374 Firearms: assault weapons SB 374 proposes to require retroactive firearms registration for ALL firearms and proposes a ban on the sale of all semi-auto rifles with any detachable magazine and rifles with fixed or tubular magazines over 10 rounds.
I[... ]
Page 4 of 8
ENCLOSURE 1 FIGURE 3-1 Comparison of Training Requirements Page 5 of 8
ENCLOSURE 1 Figure 3-1 COMPARISON OF TRAINING REQUIREMENTS POWERS OF ARREST California Penal Code Section 837 only authorizes a security guard to arrest for:
- 1. For a public offense committed or attempted in his presence.
- 2. When the person arrested has committed a felony, although not in his presence.
- 3. When a felony has been, in fact, committed and he has reasonable cause for believing the person arrested to have committed it.
I[... ]
DEADLY FORCE California state law (as summarized in the last paragraph on page 24 of the Bureau of Security and Investigative Services Firearms Manual) authorizes a guard to use a firearm only if there is an imminent danger of death or serious bodily injury to the guard or to another person and there is no other option available to avoid or neutralize the danger.
I[... ]
Page 6 of 8
ENCLOSURE 1 Figure 3-2 January 15, 2004 Letter from California Attorney General Page 7 of 8
" JAN-15-2004 Tll).) 01:02 PM FRX NO, P, 02 BILL.OCKYTER State o4f roa ni
-f 4'.
Attorney G' neral DPlPARTMJSNT OF,IUS*7TCE P.O. BOX 160487 SACAAMPl"ro, CA 9516-0487 Pnaqmimlft (916) 261-0676 (916) 263-0802 Jamnmnu 15, 2004 Paul Diaz, Pqojec,; AnAlyst Sam Onofre Nuclear CGencrating Si.Lion P. 0. Box 128 Sari C(lemente, CA 92674-0128 01ar Mr. Diz::
This loettr is in response to your JTmuniy J2, 2004, falsimi]e reque.st for the California Attorney Gemneral's opin.ion. regarding die a*pplical.ili.ly of The so-called. "one handigun per thirty days'" resltintioin Ito yaTr nuclear power plant si c
'uribifoce, It is tlhe opinion of (he Attormy Qeerl ral
' Cali fornia that your ufliul operations uru exempt fromn l1hr, re*slijctio.s imposed by Califrnia. Ppmal Crode section 12072, subivision (a)(9)(A.)
Subdivision (n)(9)A) of the Clifomini. Ponl Cod. (CPC) innadatc5 tbat "No pcrson shall maco an npplicntion to pjurhnne more: than one pistol,, revolpvr, or ot.er firarm capable of being oonocaled upon the person within Any 30-day period," Howover, t0he exemptions to this retictitlon provide, in pe.rtinent purt: "Suibpargi'aph (A) shall not apply to any of thbe following:
.. (ii) Any a:,ency dfly Rnitboized to porform law enforement duties." (C.PC, sect. 12072, subd, (a)(9)(B).) The position of the CI.uifomia Attorney General is that an.entity which. is au(th.orized by Congreqs 1o perfi'laOwiir enforcei*nt dutlies with fireams and use.s procedures and firearms approvod by thm fedemal agery that ling responsibilily for thos*e, duiitie, is considered to be performing authorized law enforcameni, duties within_ thfe 11oanliflg of the California Penal Code.
It is our understanding thil yoI have the requisite authority from Conrgress to defend nmucler power plants pulrsuant to the Atomic Encergy Act anid, tihe Nu-0clear Regulatory Commission bas approved, al-m0ong othe-Or firleMarms, ftle usm. of hm.ulguns in the discharge of youtr duties in the vital defense of the San Onofre Nriclear Generating Facility (Tifle 42 US.C,, Section 2_201. and 10 CYE., section 73,55), Conseqfently, the Attorney General of Califomnia believes your securi.ly operolion, in its official capacity, is exempt froni the limitations imposed by Penal Code sel~ion 12072, subdivisim (a)(9)(A.). Tf you. bave amy further qmestions, please do not hesitalo to write, or call me at (916) 263 -0802, Sincerely, Deput y AlT.o ey Goner Firoamns Division For DILL LOTJCY-),CYR Attorne c enCerol
ENCLOSURE 2 Evaluation of Proposed Change Amendment Applications 264 and 249 Page 1 of 5
ENCLOSURE2 1.0
SUMMARY
DESCRIPTION Southern California Edison Company (SCE) is applying to the Commission for authorization to use preemption authority under Section 161A of the Atomic Energy Act of 1954, as amended (42 USC 2201a).
2.0 DETAILED DESCRIPTION SCE's proposed amendments are for application to the Commission for authorization to use preemption authority under Section 161 A of the Atomic Energy Act of 1954, as amended (42 USC 2201a). Preemption authority is requested in accordance with Commission Order EA-1 3-092 dated June 5, 2013, subject "Issuance of Order Designating an Interim Class of NRC-Licensed Facilities that Are Eligible to Apply to the Commission for Authorization to Use the Authority Granted Under the Provisions of Section 161A of the Atomic Energy Act of 1954, as Amended and Associated Federal Register Notice".
3.0 TECHNICAL EVALUATION
The proposed change is procedural and administrative rather than technical. No modification to, or change in operation of, any plant structure, system or equipment or any security structure, system or equipment in San Onofre Nuclear Generating Station (SONGS) Units 2 and 3 and Independent Spent Fuel Storage Installation (ISFSI) are involved.
The proposed change would allow SCE to maintain possession, use and access of covered weapons for physical security of SONGS Units 2 and 3 and ISFSI in accordance with Commission regulations, notwithstanding local, state and Federal firearms laws (and implementing regulations) to the contrary. Covered weapons, as defined in 74 FR 46800, September 11, 2009 "Firearms Guidelines", include semi-automatic assault rifles, handguns, large capacity ammunition feeding devices, and ammunition for such weapons.
4.0 REGULATORY EVALUATION
4.1 Applicable Regulatory Requirements/Criteria The requirements for physical protection of licensed activities in nuclear power reactors against radiological sabotage are delineated in 10 CFR 73.55. The general performance objective and requirements for physical protection are defined in 10 CFR 73.55(b)(1). The performance objective is high assurance that activities involving special nuclear material are not inimical to the common defense and security and do not constitute an unreasonable risk to the public health and safety. To satisfy the general performance objective, the physical protection program must be designed to prevent Page 2 of 5
ENCLOSURE2 significant core damage and spent fuel sabotage for threats up to and including the design basis threat of radiological sabotage defined in 10 CFR 73.1 at all times.
The requirements for physical protection of general licensed storage of spent fuel at power reactor sites are delineated in 10 CFR 72.212(b)(9), which requires that the licensee protect the spent fuel against the design basis threat of radiological sabotage in accordance with the same provisions and requirements as are set forth in the licensee's physical security plan pursuant to 10 CFR 73.55, with additional conditions and exceptions identified in 10 CFR 72.212(b(9)(ii) through (vi).
4.2 No Significant Hazards Consideration Southern California Edison (SCE) has evaluated whether or not a significant hazards consideration is involved with the proposed amendments by focusing on the three standards set forth in 10 CFR 50.92, "Issuance of Amendment", as discussed below:
- 1. Does the proposed change involve a significant increase in the probability or consequences of an accident previously evaluated?
Response: No.
The proposed change is an application to the Commission for authorization to use preemption authority under Section 161 A of the Atomic Energy Act of 1954, as amended (42 USC 2201 a), which is solely related to procedural and administrative matters of physical security. The application is required to maintain high assurance for the physical protection program at San Onofre Nuclear Generating Station (SONGS) to prevent significant core damage and spent fuel sabotage.
The proposed change will not affect the probability of any accident initiators because it does not affect any plant systems or the manner in which the plant is operated.
There will be no change to accident mitigation performance since none of the systems that mitigate accidents are changed. Equipment credited for accident mitigation is not affected by the proposed change, and operation will remain within the bounded assumptions of the Updated Final Safety Analysis Report (UFSAR) analysis. The proposed change will not alter any assumptions or change any mitigation actions in the radiological consequence evaluations in the UFSAR.
Therefore, the proposed changes do not involve a significant increase in the probability or consequences of an accident previously evaluated.
- 2. Does the proposed change create the possibility of a new or different kind of accident from any accident previously evaluated?
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ENCLOSURE2 Response: No The proposed change is solely related to procedural and administrative matters of physical security.
The proposed change does not change any plant systems or the method of operating the plant. Also, the proposed change will not introduce any adverse changes to the plant design basis or postulated accidents. The proposed change does not adversely affect the method of operation of any plant system and does not impact any plant systems or components.
Therefore, the proposed change does not create the possibility of a new or different kind of accident from any accident previously evaluated.
- 3. Does the proposed change involve a significant reduction in a margin of safety?
Response: No The proposed change is solely related to procedural and administrative matters of physical security. The proposed change will not reduce any margins of safety.
Therefore, this change has no impact on any parameter that would affect a design basis limit for a fission product barrier, and there would be no impact on any margin of safety.
Therefore, the proposed changes do not involve a significant reduction in a margin of safety.
Based on the above, SCE concludes that the proposed amendments present no significant hazards consideration under the standards set forth in 10 CFR 50.92(c), and accordingly, a finding of no significant hazards consideration is justified.
4.3 Conclusions In conclusion, based on the considerations discussed above, (1) there is reasonable assurance that the health and safety of the public will not be endangered by operation in the proposed manner, (2) such activities will be conducted in compliance with the Commission's regulations, and (3) the issuance of the amendments will not be inimical to the common defense or security or to the health and safety of the public Page 4 of 5
ENCLOSURE2
5.0 ENVIRONMENTAL CONSIDERATION
A review has determined that the proposed amendment relates solely to safeguards matters (i.e., protection against sabotage), does not involve any construction impacts, and the proposed amendment and approvals are confined to procedural and administrative matters. Accordingly, the proposed amendments meet the eligibility criteria for categorical exclusion set forth in 10 CFR 51.22(c)(12). Therefore, pursuant to 10 CFR 51.22(b), no environmental impact statement or environmental assessment need be prepared in connection with this proposed amendment.
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