ML11363A090

Response to Request for Additional Information Regarding Application for Preemption Authority

ML11363A090
Person / Time
Site:	San Onofre
Issue date:	12/20/2011
From:	St.Onge R Southern California Edison Co
To:	Document Control Desk, Division of Security Policy
References
Download: ML11363A090 (56)

Text

SOUTHERN CALIFORNIA EDISON° Richard 1. St. Onge Director, Nuclear Regulatory Affairs and Emergency Planning AnI EISOIN IN 1 RNATI IIAL Company SECURITY-RELATED INFORMATION Withhold from Public Disclosure in Accordance with 10 CFR 2.390 December 20, 2011 42 U.S.C. 2201a ATTN: Document Control Desk Director, Division of Security Policy Office of Nuclear Security and Incident Response U. S. Nuclear Regulatory Commission Washington, D. C. 20555-0001

Subject:

Docket Nos. 50-361, 50-362 Response to Request for Additional Information Regarding Application for Preemption Authority San Onofre Nuclear Generating Station, Units 2 and 3

Reference:

(A)

SCE (Douglas R. Bauder) letter to NRC dated August 23, 2011,

Subject:

Docket Nos. 50-361, 50-362, San Onofre Nuclear Generating Station, Units 2 and 3 (B)

NRC (James R. Hall) letter to SCE (Peter T. Dietrich) dated November 18, 2011,

Subject:

San Onofre Nuclear Generating Station, Units 2 and 3, Request for Additional Information Regarding Application for Preemption Authority (TAC Nos. ME7118 and ME7119)

Dear Sir or Madam:

In Reference (A), Southern California Edison (SCE) requested preemption authority under 42 U.S.C. 2201a, to provide relief from certain State and local firearms laws as they pertain to the San Onofre Nuclear Generating Station (SONGS) site security plan.

In Reference (B), the Nuclear Regulatory Commission (NRC) staff requested additional information within 30 days to complete its review.

The requested information is provided in Enclosures 1 and 2 to this letter. Enclosure 1 contains the responses to Question 1. Enclosure 2 contains the responses to Questions 2 and 3. SCE requests that Enclosure 2, which contains Security Related Information, be withheld from public disclosure in accordance with 10 CFR 2.390(d)(1).

SECURITY RELATED INFORMATION Withhold from Public Disclosure in Accordance with 10 CFR 2.390 Note: This page decontrolled when separated from Enclosure 2 P.O. Box 128 San Clemente, CA 92672 A5ITZT

SECURITY-RELATED INFORMATION Withhold from Public Disclosure in Accordance with 10 CFR 2.390 Document Control Desk December 20, 2011 There are no regulatory commitments in this letter or its Enclosures.

If you should have any questions concerning this submittal, please contact Mr. Steven D. Root at 949-368-6480.

I declare under penalty of perjury that the foregoing is true and correct.

Executed on:

d-(( : Responses to RAI Question 1 Regarding Preemption Authority : Responses to RAI Questions 2 and 3 Regarding Preemption Authority cc:

E. E. Collins, Regional Administrator, NRC Region IV R. Hall, NRC Project Manager, San Onofre Units 2 and 3 G. G. Warnick, NRC Senior Resident Inspector, San Onofre SECURITY RELATED INFORMATION Withhold from Public Disclosure in Accordance with 10 CFR 2.390 Note: This page decontrolled when separated from Enclosure 2

SECURITY RELATED INFORMATION Withhold from Public Disclosure in Accordance with 10 CFR 2.390 ENCLOSURE 1 Responses to RAI Question 1 Regarding Preemption Authority San Onofre Nuclear Generating Station, Units 2 and 3 Page 1 of 54 SECURITY RELATED INFORMATION Withhold from Public Disclosure in Accordance with 10 CFR 2.390 Note: This page decontrolled when separated from Enclosure 2

SECURITY RELATED INFORMATION Withhold from Public Disclosure in Accordance with 10 CFR 2.390 ENCLOSURE 1

1. Please identify and provide the specific state laws or regulations for which the licensee is requesting stand-alone preemption authority.

a. State 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.

SCE Response: The pertinent sections of the California Business and Professions Code, Division 3, Chapter 11.5 regarding security officer training and certification are provided below (

Reference:

http://www.legqinfo.ca..ov/calaw.html searched on December 2, 2011). The specific legal provisions that necessitate stand-alone preemption authority are highlighted.

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.

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 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.

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 Page 2 of 54 SECURITY RELATED INFORMATION Withhold from Public Disclosure in Accordance with 10 CFR 2.390 Note: This page decontrolled when separated from Enclosure 2

SECURITY RELATED INFORMATION Withhold from Public Disclosure in Accordance with 10 CFR 2.390 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.

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.

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.

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.

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SECURITY RELATED INFORMATION Withhold from Public Disclosure in Accordance with 10 CFR 2.390 (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.

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.

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.

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.

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 Page 4 of 54 SECURITY RELATED INFORMATION Withhold from Public Disclosure in Accordance with 10 CFR 2.390 Note: This page decontrolled when separated from Enclosure 2

SECURITY RELATED INFORMATION Withhold from Public Disclosure in Accordance with 10 CFR 2.390 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.

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.

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 addition, the California Bureau of Security and Investigative Services (BSIS) has rules implementing the above statutory requirements. The BSIS website (hftp://www.bsis.ca.gov/customer service/faqs/firearms permits/html) states:

3.

How long does the application process take?

The application process takes approximately four to six months to complete.

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SECURITY RELATED INFORMATION Withhold from Public Disclosure in Accordance with 10 CFR 2.390 The BSIS Firearms Manual (page 20) states:

EXPIRED FIREARMS PERMITS NOT VALID NOR RENEWABLE Expired Firearms are not valid and can not be renewed. A guard with an expired firearm permit may not carry a firearm 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 on duty until a new firearm permit is issued by the Bureau.

If a guard has applied to renew the firearm permit but failed to receive new permit prior to the old permit expiring, the guard may not carry a firearm on duty until a new firearm permit is issued by the Bureau.

There are no exceptions. If a guard does not have a valid firearm permit and a valid guard card in his/her possession, the guard may not carry a firearm.

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.

The BSIS Firearms Manual (page 24) 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.

b. State the legal provisions contained within the California Penal Code, Title 2, Chapter 1, Article 4, Section 12072 (a) regarding restrictions on firearms purchases per month that necessitates stand-alone preemption authority.

SCE Response: The pertinent sections of the California Penal Code, Title 2, Chapter 1, Article 4, Section 12072(a) regarding restrictions on firearms purchases per month are provided below (

Reference:

http://www.legqinfo.ca.,ov/calaw.html searched on December 2, 2011). The specific legal provisions that necessitate stand-alone preemption authority are highlighted.

12072.

(a) (1)

No person, corporation, or firm shall knowingly supply, deliver, sell, or give possession or control of a firearm to any person within any of the classes prohibited by Section 12021 or 12021.1.

(2)

No person, corporation, or dealer shall sell, supply, deliver, or give possession or control of a firearm to any person whom he or she has cause to believe to be within any of the classes prohibited by Section 12021 or 12021.1 of this code or Section 8100 or 8103 of the Welfare and Institutions Code.

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SECURITY RELATED INFORMATION Withhold from Public Disclosure in Accordance with 10 CFR 2.390 (3) (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)

Subparagraph (A) shall not apply to or affect those circumstances set forth in subdivision (p) of Section 12078.

(4)

No person, corporation, or dealer shall sell, loan, or transfer a firearm to any person whom he or she knows or has cause to believe is not the actual purchaser or transferee of the firearm, or to any person who is not the person 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 loaned, sold, or transferred to avoid the provisions of subdivision (c) or (d).

(B) Knowledge that the firearm is to be subsequently loaned, sold, or transferred to avoid the requirements of any exemption to the provisions of subdivision (c) or (d).

(5)

No person, corporation, or dealer shall acquire a firearm for the purpose of selling, transferring, or loaning the firearm, if the person, corporation, or dealer has either of the following:

(A)

In the case of a dealer, intent to violate subdivision (b) or (c).

(B)

In any other case, intent to avoid either of the following:

(i)

The provisions of subdivision (d).

(ii)

The requirements of any exemption to the provisions of subdivision (d).

(6)

The dealer shall comply with the provisions of paragraph (18) of subdivision (b) of Section 12071.

(7)

The dealer shall comply with the provisions of paragraph (19) of subdivision (b) of Section 12071.

(8)

No person shall sell or otherwise transfer his or her ownership in a pistol, revolver, or other firearm capable of being concealed upon the person unless the firearm bears either:

(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 12092.

(9)

(A)

No person shall make an application to purchase more than one

pistol, revolver, or other firearm capable of being concealed upon the person within any 30-day period.

(B)

Subparagraph (A) shall not apply to any of the following:

(i)

Any law enforcement agency.

(ii)

Any agency duly authorized to perform law enforcement duties.

(iii)

Any state or local correctional facility.

(iv)

Any private security company licensed to do business in California.

c. State the legal provisions contained within the California Penal Code, Title 2, Chapter 2.3, Articles 1 thru 3, Sections 12275 thru 12289.5, regarding restrictions and registration requirements on semi-automatic assault weapons and high-capacity magazines that necessitates stand-alone preemption authority.

SCE Response: The pertinent sections of the Penal Code, Title 2, Chapter 2.3, Articles 1 through 3, Sections 12275 through 12289.5 and other Sections regarding restrictions and registration requirements on semi-automatic assault weapons and high capacity magazines are provided below (

Reference:

http://www.leginfo.ca.gov/calaw.html searched on December 2, 2011). The specific Page 7 of 54 SECURITY RELATED INFORMATION Withhold from Public Disclosure in Accordance with 10 CFR 2.390 Note: This page decontrolled when separated from Enclosure 2

SECURITY RELATED INFORMATION Withhold from Public Disclosure in Accordance with 10 CFR 2.390 legal provisions that necessitate stand-alone preemption authority are highlighted.

Section 12020 (1) Manufactures or causes to be manufactured, imports into the state, keeps for sale, or offers or exposes for sale, or who gives, lends, or possesses any cane gun or wallet gun, any undetectable firearm, any firearm which is not immediately recognizable as a firearm, any camouflaging firearm container, any ammunition which contains or consists of any fl6chette dart, any bullet containing or carrying an explosive agent, any ballistic knife, any multiburst trigger activator, any nunchaku, any short-barreled shotgun, any short-barreled rifle, any metal knuckles, any belt buckle knife, any leaded cane, any zip gun, any shuriken, any unconventional pistol, any lipstick case knife, any cane sword, any shobi-zue, any air gauge knife, any writing pen knife, any metal military practice handgrenade or metal replica handgrenade, or any instrument or weapon of the kind commonly known as a blackjack, slungshot,

billy, sandclub, sap, or sandbag.

(3)

Carries concealed upon his or her person any explosive substance, other than fixed ammunition.

(4)

Carries concealed upon his or her person any dirk or dagger.

However, a first offense involving any metal military practice handgrenade or metal replica handgrenade shall be punishable only as an infraction unless the offender is an active participant in a

criminal street gang as defined in the Street Terrorism and Enforcement and Prevention Act (Chapter 11 (commencing with Section 186.20) of Title 7 of Part 1). A bullet containing or carrying an explosive agent is not a destructive device as that term is used in Section 12301.

(b) Subdivision (a) does not apply to any of the following:

(1) The sale to, purchase by, or possession of short-barreled shotguns or short-barreled rifles by police departments, sheriffs' offices, marshals' offices, the California Highway Patrol, the Department of Justice, the Department of Corrections and Rehabilitation, or the military or naval forces of this state or of the United States for use in the discharge of their official duties or the possession of short-barreled shotguns and short-barreled rifles by peace officer members of a police department, sheriff's office, marshal's office, the California Highway Patrol, the Department of Justice, or the Department of Corrections and Rehabilitation, when on duty and the use is authorized by the agency and is within the course and scope of their duties and the peace officer has completed a training course in the use of these weapons certified by the Commission on Peace Officer Standards and Training.

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SECURITY RELATED INFORMATION Withhold from Public Disclosure in Accordance with 10 CFR 2.390 (2)

The manufacture, possession, transportation or sale of short-barreled shotguns or short-barreled rifles when authorized by the Department of Justice pursuant to Article 6 (commencing with Section 12095) and not in violation of federal law.

(3)

The possession of a nunchaku on the premises of a school which holds a regulatory or business, license and teaches the arts of self-defense.

(4)

The manufacture of a nunchaku for sale to, or the sale of a nunchaku to, a school which holds a regulatory or business license and teaches the arts of self-defense.

(5)

Any antique firearm. For purposes of this section, "antique firearm" means any firearm not designed or redesigned for using rimfire or conventional center fire ignition with fixed ammunition and manufactured in or before 1898 (including any matchlock, flintlock, percussion cap, or similar type of ignition system or replica thereof, whether actually manufactured before or after the year 1898) and also any firearm using fixed ammunition manufactured in or before 1898, for which ammunition is no longer manufactured in the United States and is not readily available in the ordinary channels of commercial trade.

(6)

Tracer ammunition manufactured for use in shotguns.

(7)

Any firearm or ammunition that is a curio or relic as defined in Section 478.11 of Title 27 of the Code of Federal Regulations and which is in the possession of a person permitted to possess the items pursuant to Chapter 44 (commencing with Section 921) of Title 18 of the United States Code and the regulations issued pursuant thereto.

Any person prohibited by Section 12021, 12021.1, or 12101 of this code or Section 8100 or 8103 of the Welfare and Institutions Code from possessing firearms or ammunition who obtains title to these items by bequest or intestate succession may retain title for not more than one year, but actual possession of these items at any time is punishable pursuant to Section 12021, 12021.1, or 12101 of this code or Section 8100 or 8103 of the Welfare and Institutions Code.

Within the year, the person shall transfer title to the firearms or ammunition by sale, gift, or other disposition. Any person who violates this paragraph is in violation of subdivision (a).

(8)

Any other weapon as defined in subsection (e) of Section 5845 of Title 26 of the United States Code and which is in the possession of a person permitted to possess the weapons pursuant to the federal Gun Control Act of 1968 (Public Law 90-618),

as amended, and the regulations issued pursuant thereto. Any person prohibited by Section

12021, 12021.1, or 12101 of this code or Section 8100 or 8103 of the Welfare and Institutions Code from possessing these weapons who obtains title to these weapons by bequest or intestate succession may retain title for not more than one year, but actual possession of these weapons at any time is punishable pursuant to Section 12021, 12021.1, or 12101 of this code or Section 8100 or 8103 of the Welfare and Institutions Code. Within the year, the person shall transfer title to the weapons by sale, gift, or other disposition. Any person who violates this paragraph is in violation of subdivision (a).

The exemption provided in this subdivision does not apply to pen guns.

(9)

Instruments or devices that are possessed by federal, state, and local historical societies, museums, and institutional collections which are open to the public, provided that these Page 9 of 54 SECURITY RELATED INFORMATION Withhold from Public Disclosure in Accordance with 10 CFR 2.390 Note: This page decontrolled when separated from Enclosure 2

SECURITY RELATED INFORMATION Withhold from Public Disclosure in Accordance with 10 CFR 2.390 instruments or devices are properly housed, secured from unauthorized handling, and, if the instrument or device is a firearm, unloaded.

(10) Instruments or devices, other than short-barreled shotguns or short-barreled rifles, that are possessed or utilized during the course of a motion picture, television, or video production or entertainment event by an authorized participant therein in the course of making that production or event or by an authorized employee or agent of the entity producing that production or event.

(11) Instruments or devices, other than short-barreled shotguns or short-barreled rifles, that are sold by, manufactured by, exposed or kept for sale by, possessed by, imported by, or lent by persons who are in the business of selling instruments or devices listed in subdivision (a) solely to the entities referred to in paragraphs (9) and (10) when engaging in transactions with those entities.

(12)

The sale to, possession of, or purchase of any weapon, device, or ammunition, other than a short-barreled rifle or short-barreled shotgun, by any federal, state, county, city and county, or city agency that is charged with the enforcement of any law for use in the discharge of their official duties, or the possession of any weapon, device, or ammunition, other than a short-barreled rifle or short-barreled shotgun, by peace officers thereof when on duty and the use is authorized by the agency and is within the course and scope of their duties.

(13)

Weapons, devices, and ammunition, other than a short-barreled rifle or short-barreled shotgun, that are sold by, manufactured by, exposed or kept for sale by, possessed by, imported by, or lent by, persons who are in the business of selling weapons,

devices, and ammunition listed in subdivision (a) solely to the entities referred to in paragraph (12) when engaging in transactions with those entities.

(14)

The manufacture for, sale to, exposing or keeping for sale to, importation of, or lending of wooden clubs or batons to special police officers or uniformed security guards authorized to carry any wooden club or baton pursuant to Section 12002 by entities that are in the business of selling wooden batons or clubs to special police officers and uniformed security guards when engaging in transactions with those persons.

(15)

Any plastic toy handgrenade, or any metal military practice handgrenade or metal replica handgrenade that is a relic,

curio, memorabilia, or display item, that is filled with a permanent inert substance or that is otherwise permanently altered in a manner that prevents ready modification for use as a grenade.

(16)

Any instrument, ammunition, weapon, or device listed in subdivision (a) that is not a firearm that is found and possessed by a person who meets all of the following:

(A)

The person is not prohibited from possessing firearms or ammunition pursuant to Section 12021 or 12021.1 or paragraph (1) of subdivision (b) of Section 12316 of this code or Section 8100 or 8103 of the Welfare and Institutions Code.

(B)

The person possessed the instrument, ammunition, weapon, or device no longer than was necessary to deliver or transport the same to a law enforcement agency for that agency's disposition according to law.

(C)

If the person is transporting the listed item, he or she is Page 10 of 54 SECURITY RELATED INFORMATION Withhold from Public Disclosure in Accordance with 10 CFR 2.390 Note: This page decontrolled when separated from Enclosure 2

SECURITY RELATED INFORMATION Withhold from Public Disclosure in Accordance with 10 CFR 2.390 transporting the listed item to a law enforcement agency for disposition according to law.

(17)

Any firearm, other than a short-barreled rifle or short-barreled shotgun, that is found and possessed by a person who meets all of the following:

(A)

The person is not prohibited from possessing firearms or ammunition pursuant to Section 12021 or 12021.1 or paragraph (1) of subdivision (b) of Section 12316 of this code or Section 8100 or 8103 of the Welfare and Institutions Code.

(B) The person possessed the firearm no longer than was necessary to deliver or transport the same to a law enforcement agency for that agency's disposition according to law.

(C)

If the person is transporting the firearm, he or she is transporting the firearm to a law enforcement agency for disposition according to law.

(D) Prior to transporting the firearm to a law enforcement agency, he or she has given prior notice to that law enforcement agency that he or she is transporting the firearm to that law enforcement agency for disposition according to law.

(E)

The firearm is transported in a locked container as defined in subdivision (d) of Section 12026.2.

(18)

The possession of any weapon, device, or ammunition, by a forensic laboratory or any authorized agent or employee thereof in the course and scope of his or her authorized activities.

(19)

The sale of, giving of, lending of, importation into this state of, or purchase of, any 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.

(20)

The sale to, lending to, transfer to, purchase by, receipt of, or importation into this state of, a 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 his or her duties.

(21)

The sale or purchase of any to or by a person licensed pursuant to Section 12071.

(22)

The loan of a lawfully possessed between two individuals if all of the following conditions are met:

(A)

The person being loaned the is not prohibited by Section 12021, 12021.1, or 12101 of this code or Section 8100 or 8103 of the Welfare and Institutions Code from possessing firearms or ammunition.

(B) The loan of the occurs at a place or location where the possession of the not otherwise prohibited and the person who lends the raccessible vicinity of the person to whom the is loaned.

(23)

The importation of a by a person who lawfully possessed the in the state prior to January 1, 2000, lawfully took it out of the state, and is returning to the state with the 11 previously lawfully possessed in the state.

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SECURITY RELATED INFORMATION Withhold from Public Disclosure in Accordance with 10 CFR 2.390 (24)

The lending or giving of any to a person licensed pursuant to Section 12071, or to a gunsmith, for the purposes of maintenance, repair, or modification of that (25) The return to its owner of any by a person specified in paragraph (24).

(26) The importation into this state of, or sale of, any by a person who has been issued a permit to engage in those activities pursuant to Section 12079, when those activities are in accordance with the terms and conditions of that permit.

(27)

The sale of, giving of, lending of, importation into this state of, or purchase of, any

, to or by entities that operate armored vehicle businesses pursuant to the laws of this state.

(28)

The lending of s by the entities specified in paragraph (27) to their authorized employees, while in the course and scope of their employment for purposes that pertain to the entity's armored vehicle business.

(29) The return of those s to those entities specified in paragraph (27) by those employees specified in paragraph (28).

(30)

(A)

The manufacture of a 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 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 his or her duties.

(C) The manufacture of a for export or for sale to government agencies or the military pursuant to applicable federal regulations.

(31)

The loan of a for use solely as a prop for a motion picture, television, or video production.

(32)

The purchase of a by the holder of a special weapons permit issued pursuant to Section 12095, 12230, 12250, 12286, or 12305, 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.

(c)

(1) As used in this section, a "short-barreled shotgun" means any of the following:

(A) A firearm which is designed or redesigned to fire a fixed shotgun shell and having a barrel or barrels of less than 18 inches in length.

(B) A firearm which has an overall length of less than 26 inches and which is designed or redesigned to fire a fixed shotgun shell.

(C) Any weapon made from a shotgun (whether by alteration, modification, or otherwise) if that weapon, as modified, has an Page 12 of 54 SECURITY RELATED INFORMATION Withhold from Public Disclosure in Accordance with 10 CFR 2.390 Note: This page decontrolled when separated from Enclosure 2

SECURITY RELATED INFORMATION Withhold from Public Disclosure in Accordance with 10 CFR 2.390 overall length of less than 26 inches or a barrel or barrels of less than 18 inches in length.

(D) Any device which may be readily restored to fire a fixed shotgun shell which, when so restored, is a device defined in subparagraphs (A) to (C),

inclusive.

(E)

Any part, or combination of parts, designed and intended to convert a device into a device defined in subparagraphs (A) to (C),

inclusive, or any combination of parts from which a device defined in subparagraphs (A) to (C),

inclusive, can be readily assembled if those parts are in the possession or under the control of the same person.

(2)

As used in this section, a "short-barreled rifle" means any of the following:

(A)

A rifle having a barrel or barrels of less than 16 inches in length.

(B) A rifle with an overall length of less than 26 inches.

(C)

Any weapon made from a rifle (whether by alteration, modification, or otherwise) if that weapon, as modified, has an overall length of less than 26 inches or a barrel or barrels of less than 16 inches in length.

(D) Any device which may be readily restored to fire a fixed cartridge which, when so restored, is a device defined in subparagraphs (A) to (C),

inclusive.

(E)

Any part, or combination of parts, designed and intended to convert a device into a device defined in subparagraphs (A) to (C),

inclusive, or any combination of parts from which a device defined in subparagraphs (A) to (C),

inclusive, may be readily assembled if those parts are in the possession or under the control of the same person.

(3)

As used in this section, a "nunchaku" means an instrument consisting of two or more sticks, clubs, bars or rods to be used as handles, connected by a rope, cord, wire, or chain, in the design of a weapon used in connection with the practice of a system of self-defense such as karate.

(4)

As used in this section, a "wallet gun" means any firearm mounted or enclosed in a case, resembling a wallet, designed to be or capable of being carried in a pocket or purse, if the firearm may be fired while mounted or enclosed in the case.

(5)

As used in this section, a "cane gun" means any firearm mounted or enclosed in a stick, staff, rod, crutch, or similar device, designed to be, or capable of being used as, an aid in

walking, if the firearm may be fired while mounted or enclosed therein.

(6)

As used in this section, a "fl~chette dart" means a dart, capable of being fired from a firearm, that measures approximately one inch in length, with tail fins that take up approximately five-sixteenths of an inch of the body.

(7)

As used in this section, "metal knuckles" means any device or instrument made wholly or partially of metal which is worn for purposes of offense or defense in or on the hand and which either protects the wearer's hand while striking a blow or increases the force of impact from the blow or injury to the individual receiving the blow. The metal contained in the device may help support the hand or fist, provide a shield to protect it, or consist of projections Page 13 of 54 SECURITY RELATED INFORMATION Withhold from Public Disclosure in Accordance with 10 CFR 2.390 Note: This page decontrolled when separated from Enclosure 2

SECURITY RELATED INFORMATION Withhold from Public Disclosure in Accordance with 10 CFR 2.390 or studs which would contact the individual receiving a blow.

(8)

As used in this section, a "ballistic knife" means a device that propels a knifelike blade as a projectile by means of a coil spring, elastic material, or compressed gas.

Ballistic knife does not include any device which propels an arrow or a bolt by means of any common bow, compound bow, crossbow, or underwater speargun.

(9)

As used in this section, a "camouflaging firearm container" means a container which meets all of the following criteria:

(A)

It is designed and intended to enclose a firearm.

(B)

It is designed and intended to allow the firing of the enclosed firearm by external controls while the firearm is in the container.

(C)

It is not readily recognizable as containing a firearm.

"Camouflaging firearm container" does not include any camouflaging covering used while engaged in lawful hunting or while going to or returning from a lawful hunting expedition.

(10) As used in this section, a "zip gun" means any weapon or device which meets all of the following criteria:

(A)

It was not imported as a firearm by an importer licensed pursuant to Chapter 44 (commencing with Section 921) of Title 18 of the United States Code and the regulations issued pursuant thereto.

(BY It was not originally designed to be a firearm by a manufacturer licensed pursuant to Chapter 44 (commencing with Section 921) of Title 18 of the United States Code and the regulations issued pursuant thereto.

(C)

No tax was paid on the weapon or device nor was an exemption from paying tax on that weapon or device granted under Section 4181 and Subchapters F (commencing with Section 4216) and G (commencing with Section 4221) of Chapter 32 of Title 26 of the United States Code, as amended, and the regulations issued pursuant thereto.

(D)

It is made or altered to expel a projectile by the force of an explosion or other form of combustion.

(11) As used in this section, a "shuriken" means any instrument, without handles, consisting of a metal plate having three or more radiating points with one or more sharp edges and designed in the shape of a polygon, trefoil,

cross, star, diamond, or other geometric shape for use as a weapon for throwing.

(12)

As used in this section, an "unconventional pistol" means a firearm that does not have a rifled bore and has a barrel or barrels of less than 18 inches in length or has an overall length of less than 26 inches.

(13)

As used in this section, a "belt. buckle knife" is a knife which is made an integral part of a belt buckle and consists of a blade with a length of at least 2 1/2 inches.

(14)

As used in this section, a "lipstick case knife" means a knife enclosed within and made an integral part of a lipstick case.

(15)

As used in this section, a "cane sword" means a cane, swagger stick, stick, staff, rod, pole, umbrella, or similar device, having concealed within it a blade that may be used as a sword or stiletto.

(16)

As used in this section, a "shobi-zue" means a staff,

crutch, stick, rod, or pole concealing a knife or blade within it which may be exposed by a flip of the wrist or by a mechanical action.

(17)

As used in this section, a "leaded cane" means a staff, crutch, stick, rod, pole, or similar device, unnaturally weighted Page 14 of 54 SECURITY RELATED INFORMATION Withhold from Public Disclosure in Accordance with 10 CFR 2.390 Note: This page decontrolled when separated from Enclosure 2

SECURITY RELATED INFORMATION Withhold from Public Disclosure in Accordance with 10 CFR 2.390 with lead.

(18)

As used in this section, an "air gauge knife" means a device that appears to be an air gauge but has concealed within it a

pointed, metallic shaft that is designed to be a stabbing instrument which is exposed by mechanical action or gravity which locks into place when extended.

(19)

As used in this section, a "writing pen knife" means a device that appears to be a writing pen but has concealed within it a

pointed, metallic shaft that is designed to be a stabbing instrument which is exposed by mechanical action or gravity which locks into place when extended or the pointed, metallic shaft is exposed by the removal of the cap or cover on the device.

(20)

As used in this section, a "rifle" means a weapon designed or redesigned, made or remade, and intended to be fired from the shoulder and designed or redesigned and made or remade to use the energy of the explosive in a fixed cartridge to fire only a single projectile through a rifled bore for each single pull of the trigger.

(21)

As used in this section, a "shotgun" means a weapon designed or redesigned, made or remade, and intended to be fired from the shoulder and designed or redesigned and made or remade to use the energy of the explosive in a fixed shotgun shell to fire through a smooth bore either a number of projectiles (ball shot) or a single projectile for each pull of the trigger.

(22)

As used in this section, an "undetectable firearm" means any weapon which meets one of the following requirements:

(A)

When, after removal of grips, stocks, and magazines, it is not as detectable as the Security Exemplar, by walk-through metal detectors calibrated and operated to detect the Security Exemplar.

(B)

When any major component of which, when subjected to inspection by the types of X-ray machines commonly used at airports, does not generate an image that accurately depicts the shape of the component.

Barium sulfate or other compounds may be used in the fabrication of the component.

(C)

For purposes of this paragraph, the terms "firearm," "major component,"

and "Security Exemplar" have the same meanings as those terms are defined in Section 922 of Title 18 of the United States Code.

All firearm detection equipment newly installed in nonfederal public buildings in this state shall be of a type identified by either the United States Attorney General, the Secretary of Transportation, or the Secretary of the Treasury, as appropriate, as available state-of-the-art equipment capable of detecting an undetectable firearm, as defined, while distinguishing innocuous metal objects likely to be carried on one's person sufficient for reasonable passage of the public.

(23)

As used in this section, a "multiburst trigger activator" means one of the following devices:

(A)

A device designed or redesigned to be attached to a semiautomatic firearm which allows the firearm to discharge two or more shots in a burst by activating the device.

(B)

A manual or power-driven trigger activating device constructed and designed so that when attached to a semiautomatic firearm it increases the rate of fire of that firearm.

(24)

As used in this section, a "dirk" or "dagger" means a knife Page 15 of 54 SECURITY RELATED INFORMATION Withhold from Public Disclosure in Accordance with 10 CFR 2.390 Note: This page decontrolled when separated from Enclosure 2

SECURITY RELATED INFORMATION Withhold from Public Disclosure in Accordance with 10 CFR 2.390 or other instrument with or without a handguard that is capable of ready use as a stabbing weapon that may inflict great bodily injury or death. A nonlocking folding knife, a folding knife that is not prohibited by Section 653k, or a pocketknife is capable of ready use as a stabbing weapon that may inflict great bodily injury or death only if the blade of the knife is exposed and locked into position.

N

, but shall not be construed to include any of the following:

(A) A feeding device that has been permanently altered so that it cannot accommodate more than 10 rounds.

(B) A.22 caliber tube ammunition feeding device.

(C) A tubular magazine that is contained in a lever-action firearm.

(d) Knives carried in sheaths which are worn openly suspended from the waist of the wearer are not concealed within the meaning of this section.

Sections 12230 - 12234 [note: these sections also apply to permits for assault weapons, per Section 12285. Sections 32650 - 32670 contain additional requirements]

12230.

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 thereof to the applicant for the permit, but no permit shall be issued to a person who is under 18 years of age.

12231.

Applications for permits shall be filed in writing, signed by the applicant if an individual, or by a member or officer qualified to sign if the applicant is a firm or corporation, and shall state the name, business in which engaged, business address and a full description of the use to which the firearms are to be put.

Applications and permits shall be uniform throughout the state on forms prescribed by the Department of Justice.

Each applicant for a permit shall pay at the time of filing his or her application a fee determined by the Department of Justice not to exceed the application processing costs of the Department of Justice. 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 not to exceed the application processing costs of the Department of Justice. 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.

12232.

Every person, firm or corporation to whom a permit is issued Page 16 of 54 SECURITY RELATED INFORMATION Withhold from Public Disclosure in Accordance with 10 CFR 2.390 Note: This page decontrolled when separated from Enclosure 2

SECURITY RELATED INFORMATION Withhold from Public Disclosure in Accordance with 10 CFR 2.390 shall keep it on his 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.

12233.

Permits 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.

12234.

(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 machine guns.

(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.

Sections 12275 - 12278 [note: Sections 30500 - 30530 contain additional requirements]

12275.

This chapter shall be known as the Roberti-Roos Assault Weapons Control Act of 1989 and the.50 Caliber BMG Regulation Act of 2004.

12275.5.

(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 12276 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, as defined in Section 12278, 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 Page 17 of 54 SECURITY RELATED INFORMATION Withhold from Public Disclosure in Accordance with 10 CFR 2.390 Note: This page decontrolled when separated from Enclosure 2

SECURITY RELATED INFORMATION Withhold from Public Disclosure in Accordance with 10 CFR 2.390 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,

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.

12276.

As used in this chapter, "assault weapon" shall mean 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-15 series.

(6) Daewoo K-1, K-2, Max 1, Max 2, AR 100, and AR II0C.

(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. sMl0 and sMil.

(B) SWD Incorporated Mll.

(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.

(2)

Encom MP-9 and MP-45.

(3)

The following MAC types:

(A)

RPB Industries Inc. sMl0 and sMll.

(B) SWD Incorporated M-11.

(C) Advance Armament Inc. M-11.

(D) Military Armament Corp. Ingram M-11.

(4) Intratec TEC-9.

(5) Sites Spectre.

(6) Sterling MK-7.

Page 18 of 54 SECURITY RELATED INFORMATION Withhold from Public Disclosure in Accordance with 10 CFR 2.390 Note: This page decontrolled when separated from Enclosure 2

SECURITY RELATED INFORMATION Withhold from Public Disclosure in Accordance with 10 CFR 2.390 (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. SSi12.

(d)

Any firearm declared by the court pursuant to Section 12276.5 to be an assault weapon that is specified as an assault weapon in a

list promulgated pursuant to Section 12276.5.

(e)

The term "series" includes all other models that are only variations, with minor differences, of those models listed in subdivision (a),

regardless of the manufacturer.

(f)

This section is declaratory of existing law, as amended, 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 Section 12276.5, and any other models which 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.

12276.1.

(a) Notwithstanding Section 12276, "assault weapon" shall also mean 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.

(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 his or her 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 Page 19 of 54 SECURITY RELATED INFORMATION Withhold from Public Disclosure in Accordance with 10 CFR 2.390 Note: This page decontrolled when separated from Enclosure 2

SECURITY RELATED INFORMATION Withhold from Public Disclosure in Accordance with 10 CFR 2.390 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 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 are used for Olympic target shooting purposes at the time the act adding this subdivision is enacted, 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 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.

(d) The following definitions shall apply under this section:

(1) "Magazine" shall mean any ammunition feeding device.

(2)

"Capacity to accept more than 10 rounds" shall mean capable of accommodating more than 10 rounds, but shall not be construed to include a feeding device that has been permanently altered so that it cannot accommodate more than 10 rounds.

(3)

"Antique firearm" means any firearm manufactured prior to Page 20 of 54 SECURITY RELATED INFORMATION Withhold from Public Disclosure in Accordance with 10 CFR 2.390 Note: This page decontrolled when separated from Enclosure 2

SECURITY RELATED INFORMATION Withhold from Public Disclosure in Accordance with 10 CFR 2.390 January 1, 1899.

(e) This section shall become operative January 1, 2000.

12276.5.

(a)

The Attorney General shall prepare a description for identification purposes, including a picture or diagram, of each assault weapon listed in Section 12276, and any firearm declared to be an assault weapon pursuant to this section, 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 Section 12276 or declared to be assault weapons pursuant to this section. 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 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.

12277.

As used in this chapter, "person" means an individual, partnership, corporation, limited liability company, association, or any other group or entity, regardless of how it was created.

12278.

(a)

As used in this chapter, a ".50 BMG rifle" means a center fire rifle that can fire a.50 BMG cartridge and is not already an assault weapon pursuant to Section 12276, 12276.1, or 12276.5, or a machinegun, as defined in Section 12200.

(b) As used in this chapter, a ".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:

(1) It has an overall length of 5.54 inches from the base to the tip of the bullet.

(2)

The bullet diameter for the cartridge is from.510 to, and including,

.511 inch.

(3)

The case base diameter for the cartridge is from.800 inch to, and including,

.804 inch.

(4)

The cartridge case length is 3.91 inches.

(c)

A ".50 BMG rifle" does not include any "antique firearm," nor any curio or relic as defined in Section 178.11 of Title 27 of the Page 21 of 54 SECURITY RELATED INFORMATION Withhold from Public Disclosure in Accordance with 10 CFR 2.390 Note: This page decontrolled when separated from Enclosure 2

SECURITY RELATED INFORMATION Withhold from Public Disclosure in Accordance with 10 CFR 2.390 Code of Federal Regulations.

(d) As used in this section, "antique firearm" means any firearm manufactured prior to January 1, 1899.

Sections 12280 - 12282 12280.

(a)

(1) 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.

(2)

In addition and consecutive to the punishment imposed under paragraph (1),

any person who transfers, lends, sells, or gives any assault weapon or any.50 BMG rifle to a minor in violation of paragraph (1) shall receive an enhancement of one year in a county jail.

(3)

Except in the case of a first violation involving not more than two firearms as provided in subdivisions (b) and (c),

for purposes of this section, if more than one assault weapon or.50 BMG rifle is involved in any violation of this section, there shall be a distinct and separate offense for each.

(b) 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.

However, 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 subdivision (c) of Section 12285 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 pursuant to Section 12276, 12276.1, or 12276.5.

(2)

The person has not previously been convicted of a violation of this section.

(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 subdivision (a) of Section 12285.

(4) The person relinquished the firearm pursuant to Section 12288, in which case the assault weapon shall be destroyed pursuant to Section 12028.

(c) 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.

However, 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 subdivision (a) of Section 12285 and the person meets the conditions set forth in paragraphs (1),

(2),

and (3):

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SECURITY RELATED INFORMATION Withhold from Public Disclosure in Accordance with 10 CFR 2.390 (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 section.

(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 subdivision (a) of Section 12285.

(4)

Firearms seized pursuant to this subdivision from persons who meet all of the conditions set forth in paragraphs (1),

(2),

and (3) 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 Section 12028.

Firearms seized from persons who do not meet the conditions set forth in paragraphs (1),

(2),

and (3) shall be destroyed pursuant to Section 12028.

(d)

Notwithstanding Section 654 or any other provision of law, any person who commits another crime while violating this section may receive an additional, consecutive punishment of one year for violating this section in addition and consecutive to the punishment, including enhancements, which is prescribed for the other crime.

(e) Subdivisions (a),

(b),

and (c) 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, Department of Fish and Game, 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.

(f)

(1) Subdivisions (b) and (c) 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 subdivision (e) for law enforcement purposes, whether on or off duty.

(2)

Subdivisions (a),

(b),

and (c) shall not prohibit the delivery, transfer, or sale 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 subdivision (e) if the peace officer is authorized by his or her 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 him or her to receive or possess the specific assault weapon.

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 pursuant to Section 12285 on or before April 1,

2002, and in the case of a peace officer who possesses or receives the assault weapon on or after January 1, 2002, the officer shall register the assault weapon pursuant to Section 12285 not later than 90 days after possession or receipt.

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 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.

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SECURITY RELATED INFORMATION Withhold from Public Disclosure in Accordance with 10 CFR 2.390 The peace officer must include with the registration, a copy of the authorization required pursuant to this paragraph.

(3)

Nothing in this section shall be construed to limit or prohibit the delivery, transfer, or sale 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.

(g) Subdivision (b) 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 Section 12276.5, or during the one-year period after the date it was defined as an assault weapon pursuant to Section 12276.1, if all of the following are applicable:

(1) The person is eligible under this chapter to register the particular assault weapon.

(2)

The person lawfully possessed the particular assault weapon prior to the date it was specified as an assault weapon pursuant to Section 12276.5, or prior to the date it was defined as an assault weapon pursuant to Section 12276.1.

(3)

The person is otherwise in compliance with this chapter.

(h) Subdivisions (a),

(b),

and (c) shall not apply to the manufacture by persons who are issued permits pursuant to Section 12287 of assault weapons or.50 BMG rifles for sale to the following:

(1) Exempt entities listed in subdivision (e).

(2)

Entities and persons who have been issued permits pursuant to Section 12286 or 12287.

(3)

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 (4) to (6),

inclusive.

(4) Federal military and law enforcement agencies.

(5)

Law enforcement and military agencies of other states.

(6)

Foreign governments and agencies approved by the United States State Department.

(i)

Subdivision (a) 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 Section 12285 or that was possessed pursuant to paragraph (1) of subdivision (f) that is disposed of as authorized by the probate court, if the disposition is otherwise permitted by this chapter.

(j) Subdivisions (b) and (c) 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 Section 12285 or that was possessed pursuant to paragraph (1) of subdivision (f) if the assault weapon or.50 BMG rifle is possessed at a place set forth in paragraph (1) of subdivision (c) of Section 12285 or as authorized by the probate court.

(k) Subdivision (a) shall not apply to either of the following:

(1) 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 if all the following apply:

(A) 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 Page 24 of 54 SECURITY RELATED INFORMATION Withhold from Public Disclosure in Accordance with 10 CFR 2.390 Note: This page decontrolled when separated from Enclosure 2

SECURITY RELATED INFORMATION Withhold from Public Disclosure in Accordance with 10 CFR 2.390 law from possessing, receiving, owning, or purchasing a firearm.

(B)

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.

(C)

The assault weapon or.50 BMG rifle is possessed at any of the following locations:

(i)

While on a target range that holds a regulatory or business license for the purpose of practicing shooting at that target range.

(ii)

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.

(iii)

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.

(2)

The return of an assault weapon or.50 BMG rifle to the registered possessor, or the lawful possessor, which is lent by the same pursuant to paragraph (1).

(1) Subdivisions (b) and (c) 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 (k).

(m)

Subdivisions (a),

(b),

and (c) 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:

(1) 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.

(2)

The competition or match is conducted on the premises of one of the following:

(A)

A target range that holds a regulatory or business license for the purpose of practicing shooting at that target range.

(B)

A target range of a public or private club or organization that is organized for the purpose of practicing shooting at targets.

(3)

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.

(4)

The assault weapon or.50 BMG rifle is transported in accordance with Section 12026.1 or 12026.2.

(5)

The person is 18 years of age or over and is not in a class of persons prohibited from possessing firearms by virtue of Section 12021 or 12021.1 of this code or Section 8100 or 8103 of the Welfare and Institutions Code.

(n) Subdivisions (b) and (c) shall not apply to any of the following persons:

(1) A person acting in accordance with Section 12286 or 12287.

(2)

A person who has a permit to possess an assault weapon or a 50 BMG rifle issued pursuant to Section 12286 or 12287 when he or she is acting in accordance with Section 12285,

12286, or 12287.

(o) Subdivisions (a),

(b),

and (c) shall not apply to any of the following persons:

(1) A person acting in accordance with Section 12285.

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SECURITY RELATED INFORMATION Withhold from Public Disclosure in Accordance with 10 CFR 2.390 (2)

A person acting in accordance with Section 12286,

12287, or 12290.

(p) Subdivisions (b) and (c) shall not apply to the registered owner of an assault weapon or a

.50 BMG rifle possessing that firearm in accordance with subdivision (c) of Section 12285.

(q) Subdivision (a) 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 subdivision (c) of Section 12285.

(r)

Subdivision (a) 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.

(s) Subdivision (c) shall not apply to the possession of a.50 BMG rifle that is not defined or specified as an assault weapon pursuant to this chapter, by any person prior to May 1, 2006, if all of the following are applicable:

(1)

The person is eligible under this chapter to register that.50 BMG rifle.

(2)

The person lawfully possessed the.50 BMG rifle prior to January 1, 2005.

(3)

The person is otherwise in compliance with this chapter.

(t)

Subdivisions (a),

(b),

and (c) shall not apply to the sale of assault weapons or.50 BMG rifles by persons who are issued permits pursuant to Section 12287 to any of the following:

(1) Exempt entities listed in subdivision (e).

(2)

Entities and persons who have been issued permits pursuant to Section 12286 or 12287.

(3)

Federal military and law enforcement agencies.

(4) Law enforcement and military agencies of other states.

(5)

Foreign governments and agencies approved by the United States State Department.

(6) Officers described in subdivision (f) who are authorized to possess assault weapons or.50 BMG rifles pursuant to subdivision (f).

(u) As used in this chapter, the date a firearm is an assault weapon is the earliest of the following:

(1) The effective date of an amendment to Section 12276 that adds the designation of the specified firearm.

(2)

The effective date of the list promulgated pursuant to Section 12276.5 that adds or changes the designation of the specified firearm.

(3)

The operative date of Section 12276.1, as specified in subdivision (d) of that section.

12282.

(a) Except as provided in Section 12280, possession of any assault weapon, as defined in Section 12276, 12276.1, or 12276.5, or of any.50 BMG rifle, as defined in Section 12278, in violation of this chapter is a public nuisance, solely for purposes of this section and subdivision (d) of Section 12028.

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 Page 26 of 54 SECURITY RELATED INFORMATION Withhold from Public Disclosure in Accordance with 10 CFR 2.390 Note: This page decontrolled when separated from Enclosure 2

SECURITY RELATED INFORMATION Withhold from Public Disclosure in Accordance with 10 CFR 2.390 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 (d) of Section 12028.

Sections 12285 - 12289.5 12285.

(a)

(1) Any person who lawfully possesses an assault weapon, as defined in Section 12276, prior to June 1, 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 Section 12276.5 shall register the firearm within 90 days with the Department of Justice pursuant to those procedures that the department may establish. Except as provided in subdivision (a) of Section 12280, any person who lawfully possessed an assault weapon prior to the date it was defined as an assault weapon pursuant to Section 12276.1, and which was not specified as an assault weapon under Section 12276 or 12276.5, shall register the firearm within one year of the effective date of Section 12276.1, with the department pursuant to those procedures that the department may establish. 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.

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.

(2)

Except as provided in subdivision (a) of Section 12280, any person who lawfully possesses any.50 BMG rifle prior to January 1, 2005, that is not specified as an assault weapon under Section 12276 or 12276.5 or defined as an assault weapon pursuant to Section 12276.1, shall register the.50 BMG rifle with the department no later than April 30, 2006, pursuant to those procedures that the department may establish. The registration shall contain a Page 27 of 54 SECURITY RELATED INFORMATION Withhold from Public Disclosure in Accordance with 10 CFR 2.390 Note: This page decontrolled when separated from Enclosure 2

SECURITY RELATED INFORMATION Withhold from Public Disclosure in Accordance with 10 CFR 2.390 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. 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.

(b)

(1) Except as provided in paragraph (2),

no assault weapon possessed pursuant to this section may be sold or transferred on or after January 1, 1990, to anyone within this state other than to a licensed gun dealer, as defined in subdivision (c) of Section 12290, or as provided in Section 12288.

Any person who (A) obtains title to an assault weapon registered under this section or that was possessed pursuant to paragraph (1) of subdivision (f) of Section 12280 by bequest or intestate succession, or (B) lawfully possessed a firearm subsequently declared to be an assault weapon pursuant to Section 12276.5, or subsequently defined as an assault weapon pursuant to Section 12276.1, shall, within 90 days, render the weapon permanently inoperable, sell the weapon to a licensed gun dealer, obtain a permit from the Department of Justice in the same manner as specified in Article 3 (commencing with Section 12230) of Chapter 2, or remove the weapon from this state. A person who lawfully possessed a firearm that was subsequently declared to be an assault weapon pursuant to Section 12276.5 may alternatively register the firearm within 90 days of the declaration issued pursuant to subdivision (f) of Section 12276.5.

(2)

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 12230) of Chapter 2.

(B)

The person shall cause the assault weapon to be delivered to a licensed gun dealer, as defined in subdivision (c) of Section 12290, 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 12230) of Chapter 2, the dealer shall redeliver that assault weapon to the person.

If the licensed gun dealer, as defined in subdivision (c) of Section 12290, is prohibited from delivering the assault weapon to a person pursuant to this paragraph, the dealer shall possess or dispose of the assault weapon as allowed by this chapter.

(3)

Except as provided in paragraph (4),

no.50 BMG rifle possessed pursuant to this section may be sold or transferred on or after January 1, 2005, to anyone within this state other than to a licensed gun dealer, as defined in subdivision (c) of Section 12290, or as provided in Section 12288.

Any person who obtains title to a 50 BMG rifle registered under this section or that was possessed pursuant to paragraph (1) of subdivision (f) of Section 12280 by Page 28 of 54 SECURITY RELATED INFORMATION Withhold from Public Disclosure in Accordance with 10 CFR 2.390 Note: This page decontrolled when separated from Enclosure 2

SECURITY RELATED INFORMATION Withhold from Public Disclosure in Accordance with 10 CFR 2.390 bequest or intestate succession shall, within 180 days of receipt, render the weapon permanently inoperable, sell the weapon to a licensed gun dealer, obtain a permit from the Department of Justice in the same manner as specified in Article 3 (commencing with Section 12230) of Chapter 2, or remove the weapon from this state.

(4)

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 12230) of Chapter 2.

(B) The person shall cause the.50 BMG rifle to be delivered to a licensed gun dealer, as defined in subdivision (c) of Section 12290 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 12230) of Chapter 2, the dealer shall redeliver that.50 BMG rifle to the person.

If the licensed gun dealer, as defined in subdivision (c) of Section 12290 is prohibited from delivering the 50 caliber BMG rifle to a person pursuant to this paragraph, the dealer shall dispose of the.50 BMG rifle as allowed by this chapter.

(c) A person who has registered an assault weapon or registered a

.50 BMG rifle under this section may possess it only under any of the following conditions unless a permit allowing additional uses is first obtained under Section 12286:

(1) 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.

(2)

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.

(3)

While on a target range that holds a regulatory or business license for the purpose of practicing shooting at that target range.

(4)

While on the premises of a shooting club which is licensed pursuant to the Fish and Game Code.

(5)

While attending any exhibition, display, or educational project which is about firearms and which is sponsored by, conducted under the auspices of, or approved by a law enforcement agency or a nationally or state recognized entity that fosters proficiency in, or promotes education about, firearms.

(6)

While on publicly owned land if the possession and use of a firearm described in Section 12276, 12276.1, 12276.5, or 12278, is specifically permitted by the managing agency of the land.

(7)

While transporting the assault weapon or.50 BMG rifle between any of the places mentioned in this subdivision, or to any licensed gun dealer, as defined in subdivision (c) of Section 12290, for servicing or repair pursuant to subdivision (b) of Section 12290, if the assault weapon is transported as required by Section 12026.1.

(d) 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.

(e)

The department's registration procedures shall provide the Page 29 of 54 SECURITY RELATED INFORMATION Withhold from Public Disclosure in Accordance with 10 CFR 2.390 Note: This page decontrolled when separated from Enclosure 2

SECURITY RELATED INFORMATION Withhold from Public Disclosure in Accordance with 10 CFR 2.390 option of joint registration for assault weapons or.50 BMG rifle owned by family members residing in the same household.

(f)

For 90 days following January 1, 1992, a forgiveness period shall exist to allow persons specified in subdivision (b) of Section 12280 to register with the Department of Justice assault weapons that they lawfully possessed prior to June 1, 1989.

(g)

(1) 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 12276.1, 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 section.

(2)

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 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 section.

(h) Any person who registers his or her assault weapon during the 90-day forgiveness period described in subdivision (f),

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 Section 12280, if law enforcement becomes aware of that violation only as a result of the registration of the assault weapon. This subdivision shall have no effect upon persons charged with a violation of subdivision (b) of Section 12280 of the Penal Code prior to January 1, 1992, provided that law enforcement was aware of the violation before the weapon was registered.

12286.

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 subdivision (c) of Section 12285, who lawfully acquired an assault weapon between June 1, 1989, and January 1, 1990, and wishes to keep it after January 1,

1990, or 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 12230) of Chapter 2.

12287.

(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:

(1) The agencies listed in subdivision (e),

and the officers described in subdivision (f) of Section 12280.

(2)

Entities and persons who have been issued permits pursuant to this section or Section 12286.

(3)

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 (4) to (6),

inclusive.

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SECURITY RELATED INFORMATION Withhold from Public Disclosure in Accordance with 10 CFR 2.390 (4)

Federal law enforcement and military agencies.

(5)

Law enforcement and military agencies of other states.

(6)

Foreign governments and agencies approved by the United States State Department.

(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 12230) of Chapter 2.

12288.

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 Section 12026.1.

12288.5.

(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 himself, herself, or other persons.

(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.

12289.

(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 12276.1. 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 Section 12285 and the consequences of nonregistration. The department shall develop posters describing gunowners' responsibilities under this chapter which shall be posted in a conspicuous place in every licensed gun store in the state during the forgiveness period. For 50 BMG rifles, the department's education campaign shall provide Page 31 of 54 SECURITY RELATED INFORMATION Withhold from Public Disclosure in Accordance with 10 CFR 2.390 Note: This page decontrolled when separated from Enclosure 2

SECURITY RELATED INFORMATION Withhold from Public Disclosure in Accordance with 10 CFR 2.390 materials to dealers of.50 BMG rifles, and to recognized national associations that specialize in

.50 BMG rifles.

(b) 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 subdivision (d) of Section 12076, upon appropriation by the Legislature.

12289.5.

(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.

Section 12290 12290.

(a) Any licensed gun dealer, as defined in subdivision (c),

who lawfully possesses an assault weapon or.50 BMG rifle pursuant to Section 12285, in addition to the uses allowed in Section 12285, may transport the firearm between dealers or out of the state if that person is permitted pursuant to the National Firearms Act, display it at any gun show licensed by a state or local governmental entity, sell it to a resident outside the state, or sell it to a person who has been issued a permit pursuant to Section 12286.

Any transporting allowed by this section must be done as required by Section 12026.1.

(b)

(1) Any licensed gun dealer, as defined in subdivision (c),

may take possession of any assault weapon or.50 BMG rifle for the purposes of servicing or repair from any person to whom it is legally registered or who has been issued a permit to possess it pursuant to this chapter.

(2)

Any licensed gun dealer, as defined in subdivision (c),

may transfer possession of any assault weapon or.50 BMG rifle received pursuant to paragraph (1),

to a gunsmith for purposes of accomplishing service or repair of the same.

Transfers are permissible only to the following persons:

(A)

A gunsmith who is in the dealer's employ.

(B)

A gunsmith with whom the dealer has contracted for gunsmithing services.

In order for this subparagraph to apply, the gunsmith receiving the assault weapon or.50 BMG rifle shall hold all of the following:

(i)

A dealer's license issued pursuant to Chapter 44 (commencing with Section 921) of Title 18 of the United States Code and the regulations issued pursuant thereto.

(ii)

Any business license required by a state or local governmental entity.

(c) The term "licensed gun dealer," as used in this article, means Page 32 of 54 SECURITY RELATED INFORMATION Withhold from Public Disclosure in Accordance with 10 CFR 2.390 Note: This page decontrolled when separated from Enclosure 2

SECURITY RELATED INFORMATION Withhold from Public Disclosure in Accordance with 10 CFR 2.390 a person who is licensed pursuant to Section 12071 and who has a permit to sell assault weapons or.50 BMG rifles pursuant to Section 12287.

Section 30500 - 30530 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.

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, 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.

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.

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SECURITY RELATED INFORMATION Withhold from Public Disclosure in Accordance with 10 CFR 2.390 (D) MAADI AK47 and ARM.

(2) UZI and Galil.

(3) Beretta AR-70.

(4) CETME Sporter.

(5) Colt AR-15 series.

(6) Daewoo K-I, K-2, Max 1, Max 2, AR 100, and AR 110C.

(7) Fabrique Nationale FAL,

LAR, FNC, 308 Match, and Sporter.

(8) MAS 223.

(9) HK-91, HK-93, HK-94, and HK-PSG-l.

(10) The following MAC types:

(A)

RPB Industries Inc. sMi0 and sMll.

(B) SWD Incorporated M11.

(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.

(2) Encom MP-9 and MP-45.

(3) The following MAC types:

(A)

RPB Industries Inc. sMi0 and sMll.

(B) SWD Incorporated M-lI.

(C) Advance Armament Inc. M-11.

(D) Military Armament Corp. Ingram M-11.

(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.

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SECURITY RELATED INFORMATION Withhold from Public Disclosure in Accordance with 10 CFR 2.390 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.

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.

(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:

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SECURITY RELATED INFORMATION Withhold from Public Disclosure in Accordance with 10 CFR 2.390 (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 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.

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 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 Page 36 of 54 SECURITY RELATED INFORMATION Withhold from Public Disclosure in Accordance with 10 CFR 2.390 Note: This page decontrolled when separated from Enclosure 2

SECURITY RELATED INFORMATION Withhold from Public Disclosure in Accordance with 10 CFR 2.390 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.

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.

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.

Sections 30600 - 30675 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 Page 37 of 54 SECURITY RELATED INFORMATION Withhold from Public Disclosure in Accordance with 10 CFR 2.390 Note: This page decontrolled when separated from Enclosure 2

SECURITY RELATED INFORMATION Withhold from Public Disclosure in Accordance with 10 CFR 2.390 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.

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.

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.

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SECURITY RELATED INFORMATION Withhold from Public Disclosure in Accordance with 10 CFR 2.390 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.

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.

(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.

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.

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 Page 39 of 54 SECURITY RELATED INFORMATION Withhold from Public Disclosure in Accordance with 10 CFR 2.390 Note: This page decontrolled when separated from Enclosure 2

SECURITY RELATED INFORMATION Withhold from Public Disclosure in Accordance with 10 CFR 2.390 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 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.

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.

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 Page 40 of 54 SECURITY RELATED INFORMATION Withhold from Public Disclosure in Accordance with 10 CFR 2.390 Note: This page decontrolled when separated from Enclosure 2

SECURITY RELATED INFORMATION Withhold from Public Disclosure in Accordance with 10 CFR 2.390 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.

(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.

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.

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.

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.

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SECURITY RELATED INFORMATION Withhold from Public Disclosure in Accordance with 10 CFR 2.390 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).

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.

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SECURITY RELATED INFORMATION Withhold from Public Disclosure in Accordance with 10 CFR 2.390 (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.

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.

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:

(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.

Section 30800 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 Page 43 of 54 SECURITY RELATED INFORMATION Withhold from Public Disclosure in Accordance with 10 CFR 2.390 Note: This page decontrolled when separated from Enclosure 2

SECURITY RELATED INFORMATION Withhold from Public Disclosure in Accordance with 10 CFR 2.390 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.

Sections 30900 - 30965 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 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.

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 Page 44 of 54 SECURITY RELATED INFORMATION Withhold from Public Disclosure in Accordance with 10 CFR 2.390 Note: This page decontrolled when separated from Enclosure 2

SECURITY RELATED INFORMATION Withhold from Public Disclosure in Accordance with 10 CFR 2.390 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.

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.

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.

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 Page 45 of 54 SECURITY RELATED INFORMATION Withhold from Public Disclosure in Accordance with 10 CFR 2.390 Note: This page decontrolled when separated from Enclosure 2

SECURITY RELATED INFORMATION Withhold from Public Disclosure in Accordance with 10 CFR 2.390 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.

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.

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.

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.

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 Page 46 of 54 SECURITY RELATED INFORMATION Withhold from Public Disclosure in Accordance with 10 CFR 2.390 Note: This page decontrolled when separated from Enclosure 2

SECURITY RELATED INFORMATION Withhold from Public Disclosure in Accordance with 10 CFR 2.390 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.

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.

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.

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.

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, Page 47 of 54 SECURITY RELATED INFORMATION Withhold from Public Disclosure in Accordance with 10 CFR 2.390 Note: This page decontrolled when separated from Enclosure 2

SECURITY RELATED INFORMATION Withhold from Public Disclosure in Accordance with 10 CFR 2.390 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.

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 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.

Sections 30100 - 31005 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 Page 48 of 54 SECURITY RELATED INFORMATION Withhold from Public Disclosure in Accordance with 10 CFR 2.390 Note: This page decontrolled when separated from Enclosure 2

SECURITY RELATED INFORMATION Withhold from Public Disclosure in Accordance with 10 CFR 2.390 Chapter 6.

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:

(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.

Sections 31100 - 31115 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.

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.

(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 Page 49 of 54 SECURITY RELATED INFORMATION Withhold from Public Disclosure in Accordance with 10 CFR 2.390 Note: This page decontrolled when separated from Enclosure 2

SECURITY RELATED INFORMATION Withhold from Public Disclosure in Accordance with 10 CFR 2.390 peace officers or other authorized personnel.

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.

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 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.

Sections 32310 - 32390 Page 50 of 54 SECURITY RELATED INFORMATION Withhold from Public Disclosure in Accordance with 10 CFR 2.390 Note: This page decontrolled when separated from Enclosure 2

SECURITY RELATED INFORMATION Withhold from Public Disclosure in Accordance with 10 CFR 2.390 sale ueuweeni d

per suon +/-+/-UCe1isCU put udniL LUU oUL+/-U-ii jU"JU LU Z

inclusive, and an out-of-state client, of Sections 32400 - 32450 32400.

Section 32310 does not apply to the sale of, giving of, lending of, importation into this state of, or purchase of, any 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.

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 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.

32410.

Section 32310 does not apply to the sale or purchase of any to or by a person licensed pursuant to Sections 26700 to 26915, inclusive.

32415.

Section 32310 does not apply to the loan of a lawfully possessed WM_--

between two individuals if all of the following conditions are met:

(a)

The person being loaned the 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 Page 51 of 54 SECURITY RELATED INFORMATION Withhold from Public Disclosure in Accordance with 10 CFR 2.390 Note: This page decontrolled when separated from Enclosure 2

SECURITY RELATED INFORMATION Withhold from Public Disclosure in Accordance with 10 CFR 2.390 ammunition.

(b) The loan of theoccurs at a place or location where the possession of the is not otherwise prohibited, and the person who lends the remains in the accessible vicinity of the person to whom the 0is loaned.

32420.

Section 32310 does not apply to the importation of a

_by a person who lawfully possessed the in the state prior to January 1, 2000, lawfully took it out of the state, and is returning to the state with the same 32425.

Section 32310 does not apply to either of the following:

(a) The lending or giving of any 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 (b) The return to its owner of any by a person specified in subdivision (a).

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

, to or by any entity that operates an armored vehicle business pursuant to the laws of this state.

(b) The lending of s 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 s to the entity specified in subdivision (a) by those employees specified in subdivision (b).

32440.

Section 32310 does not apply to any of the following:

(a) The manufacture of a 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 for use by a sworn peace officer, as defined in Chapter 4.5 (commencing with Page 52 of 54 SECURITY RELATED INFORMATION Withhold from Public Disclosure in Accordance with 10 CFR 2.390 Note: This page decontrolled when separated from Enclosure 2

SECURITY RELATED INFORMATION Withhold from Public Disclosure in Accordance with 10 CFR 2.390 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 for export or for sale to government agencies or the military pursuant to applicable federal regulations.

32445.

Section 32310 does not apply to the loan of a Sfor use solely as a prop for a motion picture, television, or video production.

32450.

Section 32310 does not apply to the purchase of a 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.

Sections 32650 - 32670 [note: these sections also apply to permits for assault weapons and high-capacity magazines, per Section 32100 and 32315]

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.

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 Page 53 of 54 SECURITY RELATED INFORMATION Withhold from Public Disclosure in Accordance with 10 CFR 2.390 Note: This page decontrolled when separated from Enclosure 2

SECURITY RELATED INFORMATION Withhold from Public Disclosure in Accordance with 10 CFR 2.390 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.

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.

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.

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.

Page 54 of 54 SECURITY RELATED INFORMATION Withhold from Public Disclosure in Accordance with 10 CFR 2.390 Note: This page decontrolled when separated from Enclosure 2