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CA at it AGAIN;Leg Info CA: CA: Bill AB 2222 Introduced to Ban 50 Cal Rifles
Josey1
Member Posts: 9,598 ✭✭
BILL NUMBER: AB 2222 INTRODUCED BILL TEXTINTRODUCED BY Assembly Member Koretz (Coauthors: Assembly Members Chu, Goldberg, Keeley, Kehoe,Lowenthal, Shelley, and Vargas) (Coauthor: Senator Perata) FEBRUARY 20, 2002 An act to amend Sections 12020, 12200, 12201, 12230, 12250, 12251,and 12288 of, to amend the heading of Chapter 2 (commencing withSection 12200) of Title 2 of Part 4 of, to amend the heading ofArticle 4 (commencing with Section 12250) of Chapter 2 of Title 2 ofPart 4 of, and to add Section 12221 to, the Penal Code, relating tofirearms. LEGISLATIVE COUNSEL'S DIGEST AB 2222, as introduced, Koretz. .50 caliber sniper weapons. Under existing law it is a crime to manufacture, cause to bemanufactured, import into the state, keep for sale, or offer orexpose for sale, or to give, lend, or possess certain dangerousweapons, as specified. This bill would add to the list of dangerous weapons subject tothose prohibitions, small arms armor piercing ammunition, as defined. By changing the scope of an existing crime, this bill would imposea state-mandated local program. Existing law generally regulates the manufacture, possession,transport, and sale of machineguns, as defined. This bill would similarly regulate .50 caliber sniper weapons, asdefined. This bill would also provide, subject to exceptions, thatany person who manufactures, causes to be manufactured, distributes,transports, imports into the state, keeps for sale, or offers orexposes for sale, or who gives or lends a .50 caliber sniper weaponis guilty of felony punishable by 4, 6, or 8 year imprisonment in thestate prison. This bill would further provide that, subject toexceptions, possession of a .50 caliber sniper weapon in violation oflaw would be punishable by imprisonment in state prison or in acounty jail, not exceeding one year. By creating new crimes, this bill would impose a state-mandatedlocal program. Existing law requires, except as specified, for the destruction,as a nuisance, of a machinegun possessed in violation of law. This bill would similarly require, except as specified, for thedestruction, as a nuisance, of a .50 caliber sniper weapon possessedin violation of law. Existing law provides that persons may arrange to relinquish anassault weapon to a police or sheriff's department. This bill would similarly permit persons to arrange to relinquisha .50 caliber sniper weapon to a police or sheriff's department. The California Constitution requires the state to reimburse localagencies and school districts for certain costs mandated by thestate. Statutory provisions establish procedures for making thatreimbursement. This bill would provide that no reimbursement is required by thisact for a specified reason. Vote: majority. Appropriation: no. Fiscal committee: yes.State-mandated local program: yes.THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 12020 of the Penal Code is amended to read: 12020. (a) Any person in this state who does any of the followingis punishable by imprisonment in a county jail not exceeding oneyear or in the state prison: (1) Manufactures or causes to be manufactured, imports into thestate, keeps for sale, or offers or exposes for sale, or who gives,lends, or possesses any cane gun or wallet gun, any undetectablefirearm, any firearm which is not immediately recognizable as afirearm, any camouflaging firearm container, any ammunition whichcontains or consists of any flechette dart, any small arms armorpiercing ammunition, any bullet containing or carrying anexplosive agent, any ballistic knife, any multiburst triggeractivator, any nunchaku, any short-barreled shotgun, anyshort-barreled rifle, any metal knuckles, any belt buckle knife, anyleaded cane, any zip gun, any shuriken, any unconventional pistol,any lipstick case knife, any cane sword, any shobi-zue, any air gaugeknife, any writing pen knife, any metal military practicehandgrenade or metal replica handgrenade, or any instrument or weaponof the kind commonly known as a blackjack, slungshot, billy,sandclub, sap, or sandbag. (2) Commencing January 1, 2000, manufactures or causes to bemanufactured, imports into the state, keeps for sale, or offers orexposes for sale, or who gives, or lends, any large-capacitymagazine. (3) Carries concealed upon his or her person any explosivesubstance, other than fixed ammunition. (4) Carries concealed upon his or her person any dirk or dagger. However, a first offense involving any metal military practicehandgrenade or metal replica handgrenade shall be punishable only asan infraction unless the offender is an active participant in acriminal street gang as defined in the Street Terrorism andEnforcement and Prevention Act (Chapter 11 (commencing with Section186.20) of Title 7 of Part 1). A bullet containing or carrying anexplosive agent is not a destructive device as that term is used inSection 12301. (b) Subdivision (a) does not apply to any of the following: (1) The sale to, purchase by, or possession of short-barreledshotguns or short-barreled rifles by police departments, sheriffs'offices, marshals' offices, the California Highway Patrol, theDepartment of Justice, or the military or naval forces of this stateor of the United States for use in the discharge of their officialduties or the possession of short-barreled shotguns andshort-barreled rifles by peace officer members of a policedepartment, sheriff's office, marshal's office, the CaliforniaHighway Patrol, or the Department of Justice when on duty and the useis authorized by the agency and is within the course and scope oftheir duties and the peace officer has completed a training course inthe use of these weapons certified by the Commission on PeaceOfficer Standards and Training. (2) The manufacture, possession, transportation or sale ofshort-barreled shotguns or short-barreled rifles when authorized bythe Department of Justice pursuant to Article 6 (commencing withSection 12095) of this chapter and not in violation of federal law. (3) The possession of a nunchaku on the premises of a school whichholds a regulatory or business license and teaches the arts ofself-defense. (4) The manufacture of a nunchaku for sale to, or the sale of anunchaku to, a school which holds a regulatory or business licenseand teaches the arts of self-defense. (5) Any antique firearm. For purposes of this section, "antiquefirearm" means any firearm not designed or redesigned for usingrimfire or conventional center fire ignition with fixed ammunitionand manufactured in or before 1898 (including any matchlock,flintlock, percussion cap, or similar type of ignition system orreplica thereof, whether actually manufactured before or after theyear 1898) and also any firearm using fixed ammunition manufacturedin or before 1898, for which ammunition is no longer manufactured inthe United States and is not readily available in the ordinarychannels of commercial trade. (6) Tracer ammunition manufactured for use in shotguns. (7) Any firearm or ammunition which is a curio or relic as definedin Section 178.11 of Title 27 of the Code of Federal Regulations andwhich is in the possession of a person permitted to possess theitems pursuant to Chapter 44 (commencing with Section 921) of Title18 of the United States Code and the regulations issued pursuantthereto. Any person prohibited by Section 12021, 12021.1, or 12101of this code or Section 8100 or 8103 of the Welfare and InstitutionsCode from possessing firearms or ammunition who obtains title tothese items by bequest or intestate succession may retain title fornot more than one year, but actual possession of these items at anytime is punishable pursuant to Section 12021, 12021.1, or 12101 ofthis code or Section 8100 or 8103 of the Welfare and InstitutionsCode. Within the year, the person shall transfer title to thefirearms or ammunition by sale, gift, or other disposition. Anyperson who violates this paragraph is in violation of subdivision(a). (8) Any other weapon as defined in subsection (e) of Section 5845of Title 26 of the United States Code and which is in the possessionof a person permitted to possess the weapons pursuant to the federalGun Control Act of 1968 (Public Law 90-618), as amended, and theregulations issued pursuant thereto. Any person prohibited bySection 12021, 12021.1, or 12101 of this code or Section 8100 or 8103of the Welfare and Institutions Code from possessing these weaponswho obtains title to these weapons by bequest or intestate successionmay retain title for not more than one year, but actual possessionof these weapons at any time is punishable pursuant to Section 12021,12021.1, or 12101 of this code or Section 8100 or 8103 of theWelfare and Institutions Code. Within the year, the person shalltransfer 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 topen guns. (9) Instruments or devices that are possessed by federal, state,and local historical societies, museums, and institutionalcollections which are open to the public, provided that theseinstruments or devices are properly housed, secured from unauthorizedhandling, and, if the instrument or device is a firearm, unloaded. (10) Instruments or devices, other than short-barreled shotguns orshort-barreled rifles, that are possessed or utilized during thecourse of a motion picture, television, or video production orentertainment event by an authorized participant therein in thecourse of making that production or event or by an authorizedemployee or agent of the entity producing that production or event. (11) Instruments or devices, other than short-barreled shotguns orshort-barreled rifles, that are sold by, manufactured by, exposed orkept for sale by, possessed by, imported by, or lent by persons whoare in the business of selling instruments or devices listed insubdivision (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 orshort-barreled shotgun, by any federal, state, county, city andcounty, or city agency that is charged with the enforcement of anylaw for use in the discharge of their official duties, or thepossession of any weapon, device, or ammunition, other than ashort-barreled rifle or short-barreled shotgun, by peace officersthereof when on duty and the use is authorized by the agency and iswithin the course and scope of their duties. (13) Weapons, devices, and ammunition, other than a short-barreledrifle 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, andammunition listed in subdivision (a) solely to the entities referredto in paragraph (12) when engaging in transactions with thoseentities. (14) The manufacture for, sale to, exposing or keeping for saleto, importation of, or lending of wooden clubs or batons to specialpolice officers or uniformed security guards authorized to carry anywooden club or baton pursuant to Section 12002 by entities that arein the business of selling wooden batons or clubs to special policeofficers and uniformed security guards when engaging in transactionswith those persons. (15) Any plastic toy handgrenade, or any metal military practicehandgrenade or metal replica handgrenade that is a relic, curio,memorabilia, or display item, that is filled with a permanent inertsubstance or that is otherwise permanently altered in a manner thatprevents ready modification for use as a grenade. (16) Any instrument, ammunition, weapon, or device listed insubdivision (a) that is not a firearm that is found and possessed bya person who meets all of the following: (A) The person is not prohibited from possessing firearms orammunition pursuant to Section 12021 or 12021.1 or paragraph (1) ofsubdivision (b) of Section 12316 of this code or Section 8100 or 8103of the Welfare and Institutions Code. (B) The person possessed the instrument, ammunition, weapon, ordevice no longer than was necessary to deliver or transport the sameto a law enforcement agency for that agency's disposition accordingto law. (C) If the person is transporting the listed item, he or she istransporting the listed item to a law enforcement agency fordisposition according to law. (17) Any firearm, other than a short-barreled rifle orshort-barreled shotgun, that is found and possessed by a person whomeets all of the following: (A) The person is not prohibited from possessing firearms orammunition pursuant to Section 12021 or 12021.1 or paragraph (1) ofsubdivision (b) of Section 12316 of this code or Section 8100 or 8103of the Welfare and Institutions Code. (B) The person possessed the firearm no longer than was necessaryto deliver or transport the same to a law enforcement agency for thatagency's disposition according to law. (C) If the person is transporting the firearm, he or she istransporting the firearm to a law enforcement agency for dispositionaccording 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 thathe or she is transporting the firearm to that law enforcement agencyfor disposition according to law. (E) The firearm is transported in a locked container as defined insubdivision (d) of Section 12026.2. (18) The possession of any weapon, device, or ammunition, by aforensic laboratory or any authorized agent or employee thereof inthe course and scope of his or her authorized activities. (19) The sale of, giving of, lending of, importation into thisstate of, or purchase of, any large-capacity magazine to or by anyfederal, state, county, city and county, or city agency that ischarged with the enforcement of any law, for use by agency employeesin the discharge of their official duties whether on or off duty, andwhere the use is authorized by the agency and is within the courseand scope of their duties. (20) The sale to, lending to, transfer to, purchase by, receiptof, or importation into this state of, a large capacity magazine by asworn peace officer as defined in Chapter 4.5 (commencing withSection 830) of Title 3 of Part 2 who is authorized to carry afirearm in the course and scope of his or her duties. (21) The sale or purchase of any large-capacity magazine to or bya person licensed pursuant to Section 12071. (22) The loan of a lawfully possessed large-capacity magazinebetween two individuals if all of the following conditions are met: (A) The person being loaned the large-capacity magazine is notprohibited by Section 12021, 12021.1, or 12101 of this code orSection 8100 or 8103 of the Welfare and Institutions Code frompossessing firearms or ammunition. (B) The loan of the large-capacity magazine occurs at a place orlocation where the possession of the large-capacity magazine is nototherwise prohibited and the person who lends the large-capacitymagazine remains in the accessible vicinity of the person to whom thelarge-capacity magazine is loaned. (23) The importation of a large-capacity magazine by a person wholawfully possessed the large-capacity magazine in the state prior toJanuary 1, 2000, lawfully took it out of the state, and is returningto the state with the large-capacity magazine previously lawfullypossessed in the state. (24) The lending or giving of any large-capacity magazine to aperson licensed pursuant to Section 12071, or to a gunsmith, for thepurposes of maintenance, repair, or modification of thatlarge-capacity magazine. (25) The return to its owner of any large-capacity magazine by aperson specified in paragraph (24). (26) The importation into this state of, or sale of, anylarge-capacity magazine by a person who has been issued a permit toengage in those activities pursuant to Section 12079, when thoseactivities are in accordance with the terms and conditions of thatpermit. (27) The sale of, giving of, lending of, importation into thisstate of, or purchase of, any large-capacity magazine, to or byentities that operate armored vehicle businesses pursuant to the lawsof this state. (28) The lending of large-capacity magazines by the entitiesspecified in paragraph (27) to their authorized employees, while inthe course and scope of their employment for purposes that pertain tothe entity's armored vehicle business. (29) The return of those large-capacity magazines to thoseentities specified in paragraph (27) by those employees specified inparagraph (28). (30) (A) The manufacture of a large-capacity magazine for anyfederal, state, county, city and county, or city agency that ischarged with the enforcement of any law, for use by agency employeesin the discharge of their official duties whether on or off duty, andwhere the use is authorized by the agency and is within the courseand scope of their duties. (B) The manufacture of a large-capacity magazine for use by asworn peace officer as defined in Chapter 4.5 (commencing withSection 830) of Title 3 of Part 2 who is authorized to carry afirearm in the course and scope of his or her duties. (C) The manufacture of a large-capacity magazine for export or forsale to government agencies or the military pursuant to applicablefederal regulations. (31) The loan of a large-capacity magazine for use solely as aprop for a motion picture, television, or video production. (32) The purchase of a large-capacity magazine by the holder of aspecial 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, orvideo 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" meansany of the following: (A) A firearm which is designed or redesigned to fire a fixedshotgun shell and having a barrel or barrels of less than 18 inchesin length. (B) A firearm which has an overall length of less than 26 inchesand 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 anoverall length of less than 26 inches or a barrel or barrels of lessthan 18 inches in length. (D) Any device which may be readily restored to fire a fixedshotgun shell which, when so restored, is a device defined insubparagraphs (A) to (C), inclusive. (E) Any part, or combination of parts, designed and intended toconvert a device into a device defined in subparagraphs (A) to (C),inclusive, or any combination of parts from which a device defined insubparagraphs (A) to (C), inclusive, can be readily assembled ifthose parts are in the possession or under the control of the sameperson. (2) As used in this section, a "short-barreled rifle" means any ofthe following: (A) A rifle having a barrel or barrels of less than 16 inches inlength. (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 anoverall length of less than 26 inches or a barrel or barrels of lessthan 16 inches in length. (D) Any device which may be readily restored to fire a fixedcartridge which, when so restored, is a device defined insubparagraphs (A) to (C), inclusive. (E) Any part, or combination of parts, designed and intended toconvert a device into a device defined in subparagraphs (A) to (C),inclusive, or any combination of parts from which a device defined insubparagraphs (A) to (C), inclusive, may be readily assembled ifthose parts are in the possession or under the control of the sameperson. (3) As used in this section, a "nunchaku" means an instrumentconsisting of two or more sticks, clubs, bars or rods to be used ashandles, connected by a rope, cord, wire, or chain, in the design ofa weapon used in connection with the practice of a system ofself-defense such as karate. (4) As used in this section, a "wallet gun" means any firearmmounted or enclosed in a case, resembling a wallet, designed to be orcapable of being carried in a pocket or purse, if the firearm may befired while mounted or enclosed in the case. (5) As used in this section, a "cane gun" means any firearmmounted or enclosed in a stick, staff, rod, crutch, or similardevice, designed to be, or capable of being used as, an aid inwalking, if the firearm may be fired while mounted or enclosedtherein. (6) As used in this section, a "flechette dart" means a dart,capable of being fired from a firearm, that measures approximatelyone inch in length, with tail fins that take up approximatelyfive-sixteenths of an inch of the body. (7) As used in this section, "metal knuckles" means any device orinstrument made wholly or partially of metal which is worn forpurposes of offense or defense in or on the hand and which eitherprotects the wearer's hand while striking a blow or increases theforce of impact from the blow or injury to the individual receivingthe blow. The metal contained in the device may help support thehand or fist, provide a shield to protect it, or consist ofprojections or studs which would contact the individual receiving ablow. (8) As used in this section, a "ballistic knife" means a devicethat propels a knifelike blade as a projectile by means of a coilspring, elastic material, or compressed gas. Ballistic knife doesnot include any device which propels an arrow or a bolt by means ofany common bow, compound bow, crossbow, or underwater spear gun. (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 theenclosed firearm by external controls while the firearm is in thecontainer. (C) It is not readily recognizable as containing a firearm. "Camouflaging firearm container" does not include any camouflagingcovering used while engaged in lawful hunting or while going to orreturning from a lawful hunting expedition. (10) As used in this section, a "zip gun" means any weapon ordevice which meets all of the following criteria: (A) It was not imported as a firearm by an importer licensedpursuant to Chapter 44 (commencing with Section 921) of Title 18 ofthe United States Code and the regulations issued pursuant thereto. (B) It was not originally designed to be a firearm by amanufacturer licensed pursuant to Chapter 44 (commencing with Section921) of Title 18 of the United States Code and the regulationsissued pursuant thereto. (C) No tax was paid on the weapon or device nor was an exemptionfrom paying tax on that weapon or device granted under Section 4181and Subchapters F (commencing with Section 4216) and G (commencingwith Section 4221) of Chapter 32 of Title 26 of the United StatesCode, as amended, and the regulations issued pursuant thereto. (D) It is made or altered to expel a projectile by the force of anexplosion 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 moreradiating points with one or more sharp edges and designed in theshape of a polygon, trefoil, cross, star, diamond, or other geometricshape for use as a weapon for throwing. (12) As used in this section, an "unconventional pistol" means afirearm that does not have a rifled bore and has a barrel or barrelsof less than 18 inches in length or has an overall length of lessthan 26 inches. (13) As used in this section, a "belt buckle knife" is a knifewhich is made an integral part of a belt buckle and consists of ablade with a length of at least 21/2 inches. (14) As used in this section, a "lipstick case knife" means aknife enclosed within and made an integral part of a lipstick case. (15) As used in this section, a "cane sword" means a cane, swaggerstick, stick, staff, rod, pole, umbrella, or similar device, havingconcealed 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 maybe 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 weightedwith lead. (18) As used in this section, an "air gauge knife" means a devicethat appears to be an air gauge but has concealed within it apointed, metallic shaft that is designed to be a stabbing instrumentwhich is exposed by mechanical action or gravity which locks intoplace when extended. (19) As used in this section, a "writing pen knife" means a devicethat appears to be a writing pen but has concealed within it apointed, metallic shaft that is designed to be a stabbing instrumentwhich is exposed by mechanical action or gravity which locks intoplace when extended or the pointed, metallic shaft is exposed by theremoval of the cap or cover on the device. (20) As used in this section, a "rifle" means a weapon designed orredesigned, made or remade, and intended to be fired from theshoulder and designed or redesigned and made or remade to use theenergy of the explosive in a fixed cartridge to fire only a singleprojectile through a rifled bore for each single pull of the trigger. (21) As used in this section, a "shotgun" means a weapon designedor redesigned, made or remade, and intended to be fired from theshoulder and designed or redesigned and made or remade to use theenergy of the explosive in a fixed shotgun shell to fire through asmooth bore either a number of projectiles (ball shot) or a singleprojectile for each pull of the trigger. (22) As used in this section, an "undetectable firearm" means anyweapon which meets one of the following requirements: (A) When, after removal of grips, stocks, and magazines, it is notas detectable as the Security Exemplar, by walk-through metaldetectors calibrated and operated to detect the Security Exemplar. (B) When any major component of which, when subjected toinspection by the types of X-ray machines commonly used at airports,does not generate an image that accurately depicts the shape of thecomponent. Barium sulfate or other compounds may be used in thefabrication of the component. (C) For purposes of this paragraph, the terms "firearm," "majorcomponent," and "Security Exemplar" have the same meanings as thoseterms are defined in Section 922 of Title 18 of the United StatesCode. All firearm detection equipment newly installed in nonfederalpublic buildings in this state shall be of a type identified byeither the United States Attorney General, the Secretary ofTransportation, or the Secretary of the Treasury, as appropriate, asavailable state-of-the-art equipment capable of detecting anundetectable firearm, as defined, while distinguishing innocuousmetal objects likely to be carried on one's person sufficient forreasonable 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 asemiautomatic firearm which allows the firearm to discharge two ormore shots in a burst by activating the device. (B) A manual or power-driven trigger activating device constructedand designed so that when attached to a semiautomatic firearm itincreases the rate of fire of that firearm. (24) As used in this section, a "dirk" or "dagger" means a knifeor other instrument with or without a handguard that is capable ofready use as a stabbing weapon that may inflict great * injuryor death. A nonlocking folding knife, a folding knife that is notprohibited by Section 653k, or a pocketknife is capable of ready useas a stabbing weapon that may inflict great * injury or deathonly if the blade of the knife is exposed and locked into position. (25) As used in this section, "large-capacity magazine" means anyammunition feeding device with the capacity to accept more than 10rounds, but shall not be construed to include any of the following: (A) A feeding device that has been permanently altered so that itcannot accommodate more than 10 rounds. (B) A .22 caliber tube ammunition feeding device. (C) A tubular magazine that is contained in a lever-actionfirearm. (26) As used in this section, "small arms armor piercingammunition" means center-fire ammunition that is .50 caliber andunder and which meets any of the following: (A) The ammunition has been designated by the United Statesmilitary as "armor penetrator," "armor piercing (AP)," "armorpiercing incendiary(API)," "armor piercing tracer," or "armor-piercing incendiary-tracer(API-T)." (B) The ammunition is substantially similar in design orperformance to any ammunition described in subparagraph (A), whetheror not specifically so designated by the military. (C) The ammunition is described or marketed by the manufacturer orby any vendor in commerce as having any of the design or performancecharacteristics described in subparagraph (A), whether or not sodesignated by the military. (d) Knives carried in sheaths which are worn openly suspended fromthe waist of the wearer are not concealed within the meaning of thissection. SEC. 2. The heading of Chapter 2 (commencing with Section 12200)of Title 2 of Part 4 of the Penal Code is amended to read: CHAPTER 2. MACHINE GUNS AND .50 CALIBER SNIPER WEAPONS SEC. 3. Section 12200 of the Penal Code is amended to read: 12200. (a) The term "machinegun" as used in thischapter means any weapon which shoots, is designed to shoot, or canreadily be restored to shoot, automatically more than one shot,without manual reloading, by a single function of the trigger. Theterm shall also include the frame or receiver of any such weapon, anypart designed and intended solely and exclusively, or combination ofparts designed and intended, for use in converting a weapon into amachinegun, and any combination of parts from which a machinegun canbe assembled if such parts are in the possession or under the controlof a person. The term also includes any weapon deemed by thefederal Bureau of Alcohol, Tobacco, and Firearms as readilyconvertible to a machinegun under Chapter 53 (commencing with Section5801) of Title 26 of the United States Code. (b) The term ".50 caliber sniper weapon" means a rifle capable offiring a center-fire cartridge in .50 caliber, .50 BMG caliber, anyother variant of .50 caliber, or any metric equivalent of thesecalibers. SEC. 4. Section 12201 of the Penal Code is amended to read: 12201. Nothing in this chapter shall affect or apply to any ofthe following: (a) The sale to, purchase by, or possession of machineguns or.50 caliber sniper weapons by police departments, sheriffs'offices, marshals' offices, district attorneys' offices, theCalifornia Highway Patrol, the Department of Justice, the Departmentof Corrections for use by the department's Special Emergency ResponseTeams and Law Enforcement Liaison/Investigations Unit, or themilitary or naval forces of this state or of the United States foruse in the discharge of their official duties. (b) The possession of machineguns by or .50 caliber sniperweapons regular, salaried, full-time peace officer members of apolice department, sheriff's office, marshal's office, districtattorney's office, the California Highway Patrol, the Department ofJustice, or the Department of Corrections for use by the department'sSpecial Emergency Response Teams and Law EnforcementLiaison/Investigations Unit when on duty and if the use is within thescope of their duties. SEC. 5. Section 12221 is added to the Penal Code, to read: 12221. (a) Any person who manufacturers, causes to bemanufactured, distributes, transports, or imports into the state,keeps for sale, or offers or exposes for sale, or who gives or lendsany .50 caliber sniper weapon, except as provided by this chapter, isguilty of a felony, and upon conviction shall be punished byimprisonment in the state prison for four, six or eight years. (b) Except as provided in Sections 12201 and 12288, any person whopossesses any .50 caliber weapon, except as provided in thischapter, is guilty of a public offense, punishable by imprisonment inthe state prison, or in a county jail, for a term not exceeding oneyear. SEC. 6. Section 12230 of the Penal Code is amended to read: 12230. The Department of Justice may issue permits for thepossession, manufacture, and transportation or possession,manufacture, or transportation of machineguns or .50 calibersniper weapons , upon a satisfactory showing that good causeexists for the issuance thereof to the applicant for the permit, butno permit shall be issued to a person who is under 18 years of age. (b) Except as provided in Sections 12201 and 12288, every personwho lawfully possesses a .50 caliber sniper weapon prior to January1, 2003, shall make application for a permit for possession of theweapon on or before March 31, 2003. SEC. 7. The heading of Article 4 (commencing with Section 12250)of Chapter 2 of Title 2 of Part 4 of the Penal Code is amended toread: Article 4. Licenses to Sell Machine Guns and .50 CaliberSniper Weapons SEC. 8. Section 12250 of the Penal Code is amended to read: 12250. (a) The Department of Justice may grant licenses in a formto be prescribed by it effective for not more than one year from thedate of issuance, to permit the sale at the place specified in thelicense of machineguns or .50 caliber sniper weapons subject to all of the following conditions, upon breach of any ofwhich the license shall be revoked: 1. The business shall be carried on only in the place designatedin the license. 2. The license or a certified copy thereof must be displayed onthe premises in a place where it may easily be read. 3. No machinegun or .50 caliber sniper weapon shall bedelivered to any person not authorized to receive the same under theprovisions of this chapter. 4. A complete record must be kept of sales made under theauthority of the license, showing the name and address of thepurchaser, the descriptions and serial numbers of the weaponspurchased, the number and date of issue of the purchaser's permit, ifany, and the signature of the purchaser or purchasing agent. Thisrecord shall be open to the inspection of any peace officer or otherperson designated by the Attorney General. (b) Applications for licenses shall be filed in writing, signed bythe applicant if an individual or by a member or officer qualifiedto sign if the applicant is a firm or corporation, and shall statethe name, business in which engaged, business address and a fulldescription of the use to which the firearms are to be put. Applications and licenses shall be uniform throughout the state onforms prescribed by the Department of Justice. Each applicant for a license shall pay at the time of filing hisor her application a fee determined by the Department of Justice notto exceed the application processing costs of the Department ofJustice. A license granted pursuant to this article may be renewedone year from the date of issuance, and annually thereafter, upon thefiling of a renewal application and the payment of a license renewalfee not to exceed the application processing costs of the Departmentof Justice. After the department establishes fees sufficient toreimburse the department for processing costs, fees charged shallincrease at a rate not to exceed the legislatively approved annualcost-of-living adjustments for the department's budget. SEC. 9. Section 12251 of the Penal Code is amended to read: 12251. It shall be a public nuisance to possess any machinegun or .50 caliber sniper weapon in violation of this chapter,and the Attorney General, any district attorney or any city attorneymay bring an action before the superior court to enjoin thepossession of any such that machinegun or .50 caliber sniper weapon . Any such machinegun or .50 caliber sniperweapon found to be in violation of this chapter shall besurrendered to the Department of Justice, and the department shalldestroy such that machinegun or .50 caliber sniper weapon so as to render it unusable andunrepairable as a machinegun or .50 caliber sniper weapon , except upon the filing of a certificate with the department by ajudge or district attorney stating that the preservation of such that machinegun or .50 caliber sniperweapon is necessary to serve the ends of justice. SEC. 10. Section 12288 of the Penal Code is amended to read: 12288. Any individual may arrange in advance to relinquish anassault weapon or .50 caliber sniper weapon to a police orsheriff's department. The assault weapon shall be transported inaccordance with Section 12026.1. SEC. 11. No reimbursement is required by this act pursuant toSection 6 of Article XIIIB of the California Constitution because theonly costs that may be incurred by a local agency or school districtwill be incurred because this act creates a new crime or infraction,eliminates a crime or infraction, or changes the penalty for a crimeor infraction, within the meaning of Section 17556 of the GovernmentCode, or changes the definition of a crime within the meaning ofSection 6 of Article XIIIB of the California Constitution. http://www.leginfo.ca.gov/pub/bill/asm/ab_2201-2250/ab_2222_bill_20020220_introduced.html
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