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Annual inspection of locations with with Class III
Josey1
Member Posts: 9,598 ✭✭
BILL NUMBER: AB 2580 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Simitian
FEBRUARY 21, 2002
An act to amend Section 12305 of, and to add Sections 12099,
12234, and 12289.5 to, the Penal Code, relating to dangerous weapons.
LEGISLATIVE COUNSEL'S DIGEST
AB 2580, as introduced, Simitian. Dangerous weapons.
Existing law generally regulates various dangerous weapons,
including short-barreled shotguns, short-barreled rifles, machine
guns, assault weapons, and destructive devices.
This bill would require, in regard to those devices, that the
Department of Justice would, for every person, firm, or corporation
to whom a permit is issued relating to the device, annually conduct
an inspection for security and safe storage purposes, and to
reconcile the inventories of the devices. The bill would also
provide that for a person, firm, or corporation with an inventory of
fewer than 5 devices that require any Department of Justice permit,
the department would conduct an inspection for security and safe
storage purposes, and to reconcile inventories, once every 5 years,
or more frequently if determined by the department.
This bill would provide that its operation is contingent upon an
appropriation for its purposes in the Budget Act of 2002.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 12099 is added to the Penal Code, to read:
12099. (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 short-barreled shotguns and short-barreled rifles.
(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.
SEC. 2. Section 12234 is added to the Penal Code, to read:
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.
SEC. 3. Section 12289.5 is added to the Penal Code, to read:
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.
SEC. 4. Section 12305 of the Penal Code is amended to read:
12305. (a) Every dealer, manufacturer, importer, and exporter of
any destructive device, or any motion picture or television studio
using destructive devices in the conduct of its business, shall
obtain a permit for the conduct of that business from the Department
of Justice.
(b) Any person, firm, or corporation not mentioned in subdivision
(a) shall obtain a permit from the Department of Justice in order to
possess or transport any destructive device. No permit shall be
issued to any person who meets any of the following criteria:
(1) Has been convicted of any felony.
(2) Is addicted to the use of any narcotic drug.
(3) Is a person in a class prohibited by Section 8100 or 8103 of
the Welfare and Institutions Code or Section 12021 or 12021.1 of this
code.
(c) 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 destructive devices are to be
put.
(d) Applications and permits shall be uniform throughout the state
on forms prescribed by the Department of Justice.
(e) Each applicant for a permit shall pay at the time of filing
his or her application a fee 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 in amount to cover processing costs, the
amount of the fees shall only increase at a rate not to exceed the
legislatively approved cost-of-living adjustment for the department.
(f) Except as provided in subdivision (g), 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 destructive devices.
(g) 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.
SEC. 5. This act shall become operative only if funds are
appropriated by the Legislature for the purposes in the Budget Act of
2002.
http://www.leginfo.ca.gov/pub/bill/asm/ab_2551-2600/ab_2580_bill_20020221_introduced.html
"If cowardly and dishonorable men sometimes shoot unarmed men with army pistols or guns, the evil must be prevented by the penitentiary and gallows, and not by a general deprivation of a constitutional privilege." - Arkansas Supreme Court, 1878
BILL TEXT
INTRODUCED BY Assembly Member Simitian
FEBRUARY 21, 2002
An act to amend Section 12305 of, and to add Sections 12099,
12234, and 12289.5 to, the Penal Code, relating to dangerous weapons.
LEGISLATIVE COUNSEL'S DIGEST
AB 2580, as introduced, Simitian. Dangerous weapons.
Existing law generally regulates various dangerous weapons,
including short-barreled shotguns, short-barreled rifles, machine
guns, assault weapons, and destructive devices.
This bill would require, in regard to those devices, that the
Department of Justice would, for every person, firm, or corporation
to whom a permit is issued relating to the device, annually conduct
an inspection for security and safe storage purposes, and to
reconcile the inventories of the devices. The bill would also
provide that for a person, firm, or corporation with an inventory of
fewer than 5 devices that require any Department of Justice permit,
the department would conduct an inspection for security and safe
storage purposes, and to reconcile inventories, once every 5 years,
or more frequently if determined by the department.
This bill would provide that its operation is contingent upon an
appropriation for its purposes in the Budget Act of 2002.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 12099 is added to the Penal Code, to read:
12099. (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 short-barreled shotguns and short-barreled rifles.
(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.
SEC. 2. Section 12234 is added to the Penal Code, to read:
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.
SEC. 3. Section 12289.5 is added to the Penal Code, to read:
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.
SEC. 4. Section 12305 of the Penal Code is amended to read:
12305. (a) Every dealer, manufacturer, importer, and exporter of
any destructive device, or any motion picture or television studio
using destructive devices in the conduct of its business, shall
obtain a permit for the conduct of that business from the Department
of Justice.
(b) Any person, firm, or corporation not mentioned in subdivision
(a) shall obtain a permit from the Department of Justice in order to
possess or transport any destructive device. No permit shall be
issued to any person who meets any of the following criteria:
(1) Has been convicted of any felony.
(2) Is addicted to the use of any narcotic drug.
(3) Is a person in a class prohibited by Section 8100 or 8103 of
the Welfare and Institutions Code or Section 12021 or 12021.1 of this
code.
(c) 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 destructive devices are to be
put.
(d) Applications and permits shall be uniform throughout the state
on forms prescribed by the Department of Justice.
(e) Each applicant for a permit shall pay at the time of filing
his or her application a fee 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 in amount to cover processing costs, the
amount of the fees shall only increase at a rate not to exceed the
legislatively approved cost-of-living adjustment for the department.
(f) Except as provided in subdivision (g), 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 destructive devices.
(g) 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.
SEC. 5. This act shall become operative only if funds are
appropriated by the Legislature for the purposes in the Budget Act of
2002.
http://www.leginfo.ca.gov/pub/bill/asm/ab_2551-2600/ab_2580_bill_20020221_introduced.html
"If cowardly and dishonorable men sometimes shoot unarmed men with army pistols or guns, the evil must be prevented by the penitentiary and gallows, and not by a general deprivation of a constitutional privilege." - Arkansas Supreme Court, 1878