Friday, May 31, 2013

SB 374: California Set To Attack Second Amendment By Demanding Gun Registration


WEB Notes: This is not a surprise to many of us, but it is sombering to see nonetheless. The state of California is well on their way to usurping the United States Constitution and your right to bear arms. The first step to confiscation is registration and this is exactly what they are calling for with this bill just passed by the California State Senate. This is not an official law at this time, however, it appears that this bill will become law shortly.
SB 374, as amended, Steinberg. Firearms: assault weapons.
Existing law regulates the sale, carrying, and control of firearms, including assault weapons, and requires assault weapons to be registered with the Department of Justice. Violation of these provisions is a crime. Existing law defines a semiautomatic, centerfire rifle that has the capacity to accept a detachable magazine and other specified features and a semiautomatic weapon that has a fixed magazine with a capacity to accept 10 or more rounds as an assault weapon.
This bill would, instead, classify a semiautomatic, rimfire or centerfire rifle that does not have a fixed magazine with the capacity to accept no more than 10 rounds or fewer as an assault weapon. The bill would require a person who, between January 1, 2001, and prior to January 1, 2014, lawfully possessed an assault weapon that does not have a fixed magazine, including those weapons with an ammunition feeding device that can be removed readily from the firearm with the use of a tool, to register the firearm by July 1, 2014. By expanding the definition of a crime, this bill would impose a state-mandated local program.
This bill would require, on and after July 1, 2014, a Firearm Ownership Record to be submitted, as specified, to the Department of Justice for every firearm an individual owns, with prescribed exceptions, including firearms purchased from a licensed firearms dealer and documented by a Dealers’ Record of Sale transaction and assault weapons registered with the department. The bill would authorize the department to charge a fee of up to $19 per transaction for the submission of the Firearm Ownership Record. 

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. 

This bill would provide that no reimbursement is required by this act for a specified reason.

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  


The people of the State of California do enact as follows:

SECTION 1.

 Section 27566 is added to the Penal Code, to read:
27566.
 (a) On and after July 1, 2014, a Firearm Ownership Record shall be submitted by prepaid mail or delivered in person to the Department of Justice for every firearm an individual owns or possesses.
(b) The following firearms are exempt from subdivision (a):
(1) Handguns purchased from a licensed firearms dealer and documented by a Dealers’ Record of Sale (DROS) transaction on and after January 1, 1991.
(2) Rifles without detachable magazines and shotguns purchased prior to January 1, 2014.
(3) Assault weapons registered with the department pursuant to Section 30900.
(4) Firearms for which a Firearm Ownership Record has been previously filed by the current owner.
(c) The department may charge a fee in an amount sufficient to reimburse the department for the reasonable costs of maintaining the Firearm Ownership Record program, but in no case more than nineteen dollars ($19) per transaction to process the Firearm Ownership Record. After the department establishes the fee amount, the department may adjust the fee amount annually as necessary to cover the reasonable costs of administering the program. The fees shall be deposited into the Dealers’ Record of Sale Special Account.

SEC. 2.

 Section 30515 of the Penal Code is amended to read:
30515.
 (a) Notwithstanding Section 30510, “assault weapon” also means any of the following:
(1) A semiautomatic, rimfire or centerfire rifle that does not have a fixed magazine with the capacity to accept no more than 10 rounds or fewer.
(2) A semiautomatic, centerfire rifle that has an overall length of less than 30 inches.
(3) 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.
(4) A semiautomatic pistol with a fixed magazine that has the capacity to accept more than 10 rounds.
(5) 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.
(6) A semiautomatic shotgun that has the ability to accept a detachable magazine.
(7) Any shotgun with a revolving cylinder.
(b) The Legislature finds a significant public purpose in exempting from the definition of “assault weapon” pistols that are designed expressly for use in Olympic target shooting events. Therefore, those pistols that are sanctioned by the International Olympic Committee and by USA Shooting, the national governing body for international shooting competition in the United States, and that were used for Olympic target shooting purposes as of January 1, 2001, and that would otherwise fall within the definition of “assault weapon” pursuant to this section are exempt, as provided in subdivision (c).
(c) “Assault weapon” does not include either of the following:
(1) Any antique firearm.
(2) Any of the following pistols, because they are consistent with the significant public purpose expressed in subdivision (b):
MANUFACTURERMODELCALIBER



BENELLIMP90.22LR
BENELLIMP90.32 S&W LONG
BENELLIMP95.22LR
BENELLIMP95.32 S&W LONG
HAMMERLI280.22LR
HAMMERLI280.32 S&W LONG
HAMMERLISP20.22LR
HAMMERLISP20.32 S&W LONG
PARDINIGPO.22 SHORT
PARDINIGP-SCHUMANN.22 SHORT
PARDINIHP.32 S&W LONG
PARDINIMP.32 S&W LONG
PARDINISP.22LR
PARDINISPE.22LR
WALTHERGSP.22LR
WALTHERGSP.32 S&W LONG
WALTHEROSP.22 SHORT
WALTHEROSP-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) For purposes of this section, the following definitions shall apply:
(1) “Detachable magazine” means an ammunition feeding device that can be removed readily from the firearm without disassembly of the firearm action.
(2) “Fixed magazine” means an ammunition feeding device contained in, or permanently attached to, a firearm in such a manner that the device cannot be removed without disassembly of the firearm action.


WEB Notes: In addition.

SB 53 (De Leon) 2013
Would require the sale, purchase, and transfer of ammunition to be subject to additional regulations,  as specified. This bill would 1) require ammunition purchasers to obtain an ammunition purchase permit and complete a background check prior to any transaction, and, 2) require DOJ to maintain records of all ammunition vendor licenses and purchase permits issued, as well as all ammunition sales. This bill is scheduled to be heard today by this committee.

- California Legislative Information

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