California's AB50

CALIFORNIA LEGISLATURE-200344 REGULAR SESSION
ASSEMBLY BILL No. 50
Introduced by Assembly Member Koretz
December 2,2002
An act to amend Sections 245, 12011, 12020, 12022, 12022.5,

12079, 12275, 12275.5, 12280, 12285,12286, 12287, 12288,12288.5,
12289, and 12290 of, and to add Section 12278 to, the Penal Code,
relating to firearms.
LEGISLATIVE COUNSEL'S DIGEST

AB 50, as introduced, Koretz. -50 Caliber BMG rifles.
Existing law makes it an offense for any person to commit an assault
upon the person of another with a machinegun or an assault weapon.
Existing law also makes it an offense for any person to commit an
assault upon the person of a peace officer or firefighter, as specified,
with a machinegun or assault weapon.
This bill would expand each of these offenses to include an assault
with a S O BMG rifle, as defined.
By expanding the scope of existing crimes, this bill would impose a
state-mandated local program.
Existing law establishes the Prohibited Armed Persons File database
that tracks possession or ownership of firearms and assault weapons, as
specified.
This bill would include traclung the possession and ownership of .50
BMG rifles in the database, as specified.
Existing law makes it an offense, subject to certain exceptions, for
any person to manufacture or cause to be manufactured, import into this
state, keep for sale, offer or expose for sale, give, lend, or possess a
variety of specified dangerous weapons and items.
This bill would, subject to certain exceptions, extend those
provisions to include any .50 BMG cartridge, as defined.
By expanding the scope of an existing offense, this bill would impose
a state-mandated local program.
Existing law provides a sentencing enhancement for persons who
commit or attempt to commit a felony with a machinegun or an assault
weapon, as specified.
This bill would extend those provisions to include the use of a .50
BMG rifle.
By increasing the burden on local prosecuting entities, this bill would
impose a state-mandated local program.
Existing law authorizes the Department of Justice to issue permits for
the possession, transportation, or sale between a licensed firearms
dealer and an out-of-state client of large-capacity magazines.
This bill would extend those provisions to include .50 BMG
cartridges, as defined.
Existing law defines "assault weapon" for purposes of regulation.
This bill would define ".50 BMG rifle" and ".50 BMG cartridge"
for purposes of regulation.
state, transport, distribute, keep for sale, offer or expose for sale, give,
lend, or possess an assault weapon, as specified, and provides a sentence
enhancement for anyone who transfers, lends, sells, or gives an assault
weapon to a minor, as specified.
This bill would extend those provisions to include a S O BMG rifle.
By expanding the scope of existing crimes and sentence
enhancements, this bill would impose a state-mandated local program.
Existing law provides a scheme for registration and issuance of
permits in connection with assault weapons.
This bill would establish similar provisions for the registration and
issuance of pennits in connection with .50 BMG rifles. This bill would
authorize the Department of Justice to charge a registration fee not
exceeding $25 for the registration of a .50 BMG rifle, as specified.
Existing law forbids the broadcast over police radio of information
that an individual has registered, or has a permit to possess, an assault
weapon, with specified exceptions.
This bill would expand those provisions to cover individuals who
register or have permits to possess S O BMG rifles.
Existing law provides that persons may arrange to relinquish an
assault weapon to a police or sheriff's department.
This bill would similarly permit persons to arrange to relinquish a S O
BMG rifle to a police or sheriff's department.
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.
State-mandated local program: yes.
The people of the State o f California do enact as~follows:
SECTION 1. Section 245 of the Penal Code is amended to

read:
245. (a) ( 1 ) Any person who commits an assault upon the
person of another with a deadly weapon or instrument other than
a firearm or by any means of force likely to produce great bodily
injury shall be punished by imprisonment in the state prison for
two, three, or four years, or in a county jail for not exceeding one
year, or by a fine not exceeding ten thousand dollars ($10,000), or
by both the fine and imprisonment.
(2) Any person who commits an assault upon the person of
another with a firearm shall be punished by imprisonment in the
state prison for two, three, or four years, or in a county jail for not
less than six months and not exceeding one year, or by both a fine
not exceeding ten thousand dollars ($10,000) and imprisonment.
another with a machinegun, as defined in Section 12200, or an
assault weapon, as defined in Section 12276 or 12276.1, or a .50
BMG rifle, as defined in Section 12278, shall be punished by
imprisonment in the state prison for 4, 8, or 12 years.
(b) Any person who commits an assault upon the person of
another with a semiautomatic firearnl shall be punished by
imprisonment in the state prison for three, six, or nine years.
(c) Any person who commits an assault with a deadly weapon
or instrument, other than a firearm, or by any means likely to
produce great bodily injury upon the person of a peace officer or
firefighter, and who knows or reasonably should know that the
victim is a peace officer or firefighter engaged in the performance
of his or her duties, when the peace officer or firefighter is engaged
in the performance of his or her duties, shall be punished by
imprisonment in the state prison for three, four, or five years.
(d) ( I ) Any person who commits an assault with a firearm
upon the person of a peace officer or firefighter, and who knows
or reasonably should know that the victim is a peace officer or
firefighter engaged in the performance of his or her duties, when
the peace officer or firefighter is engaged in the performance of his
or her duties, shall be punished by imprisoilrnent in the state prison
for four, six, or eight years.
(2) Any person who commits an assault upon the person of a
peace officer or firefighter with a sen~iautomaticfiream1 and who
knows or reasonably should know that the victim is a peace officer
or firefighter engaged in the perfomlance of his or her duties, when
or her duties, shall be punished by imprisoilrnei~tin the state prison
for five, seven, or nine years.
(3) Any person who co~nrnitsan assault with a machinegun, as
defined in Section 12200, or an assault weapon, as defined in
Section 12276 or 12276.1, or. a .50 BMG rifle, as defined in
Section 12278, upon the person of a peace officer or firefighter,
and who knows or reasonably should know that the victim is a
peace oflicer or firefighter engaged in the perforn~anceof his or
her duties, shall be punished by imprisonment in the state prison
for 6,9, or 12 years.
(e) When a person is convicted of a violation of this section in
a case involving use of a deadly weapon or instrument or firearm,
and the weapon or instrument or firearm is owned by that person,
the court shall order that the weapon or instrument or firearm be
deemed a nuisance, and it shall be confiscated and disposed of in
the manner provided by Section 12028.
(f) As used in this section, "peace officer" refers to any person
designated as a peace officer in Chapter 4.5 (commencing with
Section 830) of Title 3 of Part 2.
SEC. 2. Section 12011 of the Penal Code is amended to read:
12011. The Prohibited Armed Persons File data base shall
function as follows:
(a) Upon entry into the Automated Criminal History System of
a disposition for a conviction of any felony, a conviction for any
firearms-prohibiting charge specified in Section 1202 1, a
conviction for an offense described in Section 12021.1, a firearms
prohibition pursuant to Section 8100 or 8103 of the Welfare and
Institutions Code, or any firearms possession prohibition
identified by the federal National Instant Check System, the
Department of Justice shall determine if the subject has an entry
in the Automated Firearms System indicating possession or
ownership of a firearm on or after January 1, 1991, or an assault
weapon registration, or a .50 BMG rifle registration.
(b) Upon an entry into any department automated information
system that is used for the identification of persons who are
prohibited from acquiring, owning, or possessing firearms, the
department shall determine if the subject has an entry in the
Automated Firearms System indicating ownership or possession
of a firearm on or after January 1, 1991, or an assault weapon
registration, or a .50 BMG rifle registration.
(c) If the department determines that, pursuant to subdivision
(a) or (b), the subject has an entry in the Automated Firearms
System indicating possession or ownership of a firearm on or after
January I , 1991, or an assault weapon registration, or a .5O BMG
rifle registration, the following inforn~ationshall be entered into
the Prohibited Armed Persons File:
(1) The subject's name.
(2) The subject's date of birth.
(3) The subject's physical description.
(4) Any other identifying information regarding the subject
that is deemed necessary by the Attorney General.
(5) The basis of the fireamis possession prohibition.
(6) A description of all fireams owned or possessed by the
subject, as reflected by the Automated Firearms System.
12020. (a) Any person in this state who does any of the
following is punishable by imprisonment in a county jail not
exceeding one year or in the state prison:
(1) Manufactures or causes to be manufactured, iniports 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 flechette 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 b f e , 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.
(2) Commencing January 1,2000, manufactures or causes to be
manufactured, imports into the state, keeps for sale, or offers or
exposes for sale, or who gives, or lends, any large-capacity
magazine.
(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 1230 1.
(b) Subdivision (a) does not apply to any of the following:
(I) The sale to, purchase by, or possession of short-barreled
shotguns or shoi-t-barreled rifles by police departments, sheriffs'
offices, marshals' offices, the California Highway Patrol, the
Department of Justice, 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, or the Department of Justice 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.
(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) of this chapter 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
riinfire or conventional center fire ignition with fixed ammunition
and manufactured in or before 1898 (including any n~atchlock,
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 amnunition which is a curio or relic as
defined in Section 178.11 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 8 100 or
8 103 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 1202 1, 1202 1.1, or 12101 of this code or
Section 8 100 or 8 103 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, 1202 1.1, 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 1202 1, 1202 1.1, or 12101 of this
code or Section 8 100 or 8 103 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
instruments or devices are properly housed, secured from
unauthorized handling, and, if the instrument or device is a
fire am^, 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.
( 1 1) 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 ( I 0) 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, or any .50
BMG cartridge, that is a relic, curio, n~en~orabilia, 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, or live anznzzmXon.
(16) Any instrument, ammunition, weapon, or device listed in
subdivision (a) that is not a fiream1 that is found and possessed by
a person who meets all of the following:
(A) The person is not prohibited from possessing firearms or
an~munitionpursuant to Section 1202 1 or 1202 1.1 or paragraph
( 1) of subdivision (b) of Section 12316 of this code or Section 8 100
or 8 103 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
transporting the listed item to a law enforcement agency for
(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:
ammunition pursuant to Section 1202 1 or 1202 1.1 or paragraph
( 1 ) of subdivision (b) of Section 12316 of this code or Section 8 100
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
(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.
(1 8) 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 large-capacity magazine to or by any
federal, state, county, city and county, or city agency that is
charged with the enforcement of any law, for use by agency
employees in the discharge of their official duties whether on or
off duty, and where the use is authorized by the agency and is
within the course and scope of their duties.
(20) The sale to, lending to, transfer to, purchase by, receipt of,
or importation into this state of, a large capacity magazine by a
sworn peace officer as defined in Chapter 4.5 (commencing with
Section 830) of Title 3 of Part 2 who is authorized to carry a fireann
in the course and scope of his or her duties.
(2 1) The sale or purchase of any large-capacity magazine to or
by a person licensed pursuant to Section 12071.
(22) The loan of a lawfully possessed large-capacity magazine
between two individuals if all of the following conditions are met:
(A) The person being loaned the large-capacity magazine is not
prohibited by Section 1202 1, 1202 1.1, or 12 101 of this code or
Section 8 100 or 8 103 of the Welfare and Institutions Code from
possessing firearms or ammunition.
(B) The loan of the large-capacity magazine occurs at a place
or location where the possession of the large-capacity magazine is
not otherwise prohibited and the person who lends the
large-capacity magazine remains in the accessible vicinity of the
person to whom the large-capacity magazine is loaned.
(23) The importation of a large-capacity magazine by a person
who lawfully possessed the large-capacity magazine in the state
prior to January 1, 2000, lawfully took it out of the state, and is
returning to the state with the large-capacity magazine previously
lawfully possessed in the state.
(24) The lending or giving of any large-capacity magazine to
a person licensed pursuant to Section 12071, or to a gunsmith. for
the purposes of maintenance, repair, or modification of that
large-capacity magazine.
(25) The return to its owner of any large-capacity magazine by
a person specified in paragraph (24).
(26) The importation into this state of, or sale of, any
large-capacity magazine by a person who has been issued a permit
to engage in those activities pursuant to Section 12079, when those
activities are in accordance with the terms and conditions of that
permit.
state of, or purchase of, any large-capacity magazine, to or by
entities that operate armored vehicle businesses pursuant to the
laws of this state.
(28) The lending of large-capacity magazines by the entities
specified in paragraph (27) to their authorized employees, while
in the course and scope of their employn~entfor purposes that
pertain to the entity's armored vehicle business.
(29) The return of those large-capacity magazines to those
entities specified in paragraph (27) by those en~ployeesspecified
in paragraph (28).
(30) (A) The manufacture of a large-capacity magazine for
any federal, state, county, city and county, or city agency that is
charged with the enforcement of any law, for use by agency
employees in the discharge of their official duties whether on or
off duty, and where the use is authorized by the agency and is
within the course and scope of their duties.
(B) The manufacture of a large-capacity magazine for use by
a sworn peace officer as defined in Chapter 4.5 (commencing with
Section 830) of Title 3 of Part 2 who is authorized to carry a firearm
in the course and scope of his or her duties.
(C) The manufacture of a large-capacity magazine for export
or for sale to government agencies or the military pursuant to
applicable federal regulations.
(3 1 ) The loan of a large-capacity magazine for use solely as a
prop for a motion picture, television, or video production.
(32) The purchase of a large-capacity magazine 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.
(33) An!; person u h o nmiztrfactzwes, inports into the state,
keeps for sale, or offers or exposes .for sale, or. gix~es,lends or
possesses any .50 BMG cartridge, zfthe person nzay legally possess
a SO BMG rifle as defined in Section 12278.
(c) (1) As used in this section, a "short-barreled shotgun"
means any of the following:
(A) A fiream1 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
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,
cartridge which, when so restored, is a device defined in
defined in subparagraphs (A) to (C), inclusive, may be readily
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 firearnl 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 "flkhette 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
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 undenvater 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 the
enclosed firearm by extemal controls while the fireann is in the
container.
(C) It is not readily recognizable as containing a firearnl.
"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.
(B) It was not originally designed to be a firearm by a
manufacturer licensed pursuant to Chapter 44 (conmencing with
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 4 18 1 and Subchapters F (commencing with Section 42 16)
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.
(1 2) 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 2lI2 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.
(1 7) As used in this section, a "leaded cane" means a staff,
crutch. stick, rod, pole, or similar device, unnaturally weighted
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, inetallic 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
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 coinmonly 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 "fireann,"
"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 fiream1 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 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.
(25) As used in this section, "large-capacity magazine" means
any ammunition feeding device with the capacity to accept more
than 10 rounds, 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.
(26) As used in this section, a .50 BMG cartridge means a
cartridge that is designed and intended to be.fired.froma cente~*.fir-e
1-ijle and that meets the following criteria:
(A) li has an overall length of 5.54 inches.fi-om the base to the
tip of the bullet.
(B) The bullet diameter for the cartridge is.fiom .510 to, and
including, .511 inch.
(C) The case base diameter for the car-fridgeisfr-om .800 inch
to, and including, .a04 inch.
(D)The cartridge case length is 3.910 inches.
(E) It is a centelfire cavtr*idgeo f .50 caliber or .50 BA4G.
(27) As used in this section, ".50 BMG rifle'' has the same
nreaning as set .forth in Section 122 78.
(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.
12022. (a) (1) Except as provided in subdivisions (c) and
(d), any person who is armed with a firearm in the commission of
a felony or attempted felony shall be punished by an additional and
consecutive term of imprisoilrnent in the state prison for one year,
unless the arming is an element of that offense. This additional
terrn shall apply to any person who is a principal in the comn~ission
of a felony or attempted felony if one or more of the principals is
armed with a firearm, whether or not the person is personally
armed with a firearm.
(2) Except as provided in subdivision (c), and notwithstanding
subdivision (d), if the firearm is an assault weapon, as defined in
Section 12276 or Section 12276.1, or a machinegun, as defined in
Section 12200, or a .50 BMG rifle, as defined in Section 12278,
the additional and consecutive term described in this subdivision
shall be three years whether or not the arming is an element of the
offense of which the person was convicted. The additional term
provided in this paragraph shall apply to any person who is a
principal in the commission of a felony or attempted felony if one
or more of the principals is armed with an assault weapon or
machinegun, or a .50 BMG rifle, whether or not the person is
personally armed with an assault weapon or machinegun, or a .SO
BMG rifle.
(b) (1) Any person who personally uses a deadly or dangerous
weapon in the commission of a felony or attempted felony shall be
punished by an additional and consecutive term of imp~isonrnent
in the state prison for one year, unless use of a deadly or dangerous
weapon is an element of that offense.
(2) If the person described in paragraph (1) has been convicted
of carjacking or attempted carjacking, the additional term shall be
one, two, or three years.
(3) When a person is found to have personally used a deadly or
dangerous weapon in the coinmission of a felony or attempted
felony as provided in this subdivision and the weapon is owned by
that person, the court shall order that the weapon be deemed a
nuisance and disposed of in the manner provided in Section 12028.
(c) Notwithstanding the enhancement set forth in subdivision
(a), any person who is personally armed with a fireann in the
commission of a violation or attempted violation of Section 1135 1,
11351.5, 11352, 11366.5, 11366.6, 11378, 11378.5, 11379,
11379.5, or 11379.6 of the Health and Safety Code, shall be
punished by an additional and consecutive term of imprisonment
in the state prison for three, four, or five years.
(d) Notwithstanding the enhancement set forth in subdivision
(a), any person who is not personally armed with a fireann who,
knowing that another principal is personally armed with a firearnl,
is a principal in the coinmission of an offense or attempted offense
specified in subdivision (c), shall be punished by an additional and
consecutive tern1 of imprisonment in the state prison for one, two,
or three years.
(e) For purposes of imposing an enhancement under Section
1170.1, the enhancements under this section shall count as one,
single enhancement.
( f ) Notwithstanding any other provision of law, the court may
strike the additional punishment for the enhancements provided in
subdivision (c) or (d) in an unusual case where the interests of
justice would best be served, if the court specifies on the record and
enters into the minutes the circumstances indicating that the
interests of justice would best be served by that disposition.
SEC. 5. Section 12022.5 of the Penal Code is amended to
read:
12022.5. (a) Except as provided in subdivision (b), any
person who personally uses a firearm in the commission of a
felony or attempted felony shall be punished by an additional and
consecutive term of imprisonment in the state prison for 3, 4, or
10 years, unless use of a firearm is an element of that offense.
(b) Notwithstanding subdivision (a), any person who
personally uses an assault weapon, as specified in Section 12276
or Section 12276.1, or a machinegun, as defined in Section 12200,
or a .50 BMG ~ifle, us defined in Section 12278, in the comn~ission
of a felony or attempted felony, shall be punished by an additional
and consecutive term of in~prisonmentin the state prison for 5, 6,
or 10 years.
(c) Notwithstanding Section 1385 or any other provisions of
law, the court shall not strike an allegation under this section or a
finding bringing a person within the provisions of this section.
(d) Notwithstanding the liinitation in subdivision (a) relating to
being an element of the offense, the additional term provided by
this section shall be imposed for any violation of Section 245 if a
fireaml is used, or for murder if the killing is perpetrated by means
of shooting a firearm from a motor vehicle, intentionally at another
person outside of the vehicle with the intent to inflict great bodily
injury or death.
(e) When a person is found to have personally used a firearm,
an assault weapon,+ a machinegun, or a .50 BMG rijZe, in the
commission of a felony or attempted felony as provided in this
section and the fire am^, assault weapon,+ machinegun, or u .50
BMG rifle, is owned by that person, the court shall order that the
firearm be deemed a nuisance and disposed of in the manner
provided in Section 12028.
(f) For purposes of imposing an enhancement under Section
single enhancement.
12079. (a) Upon a showing that good cause exists, the
Department of Justice may issue permits for the possession,
transportation, or sale between a person licensed pursuant to
Section 12071 and an out-of-state client of large capacity
magazines.
(b) For purposes of this section, "large capacity magazine"
shall have the same meaning as that set forth in paragraph (25) of
subdivision (c) of Section 12020.
(c) Fo~purposesof this section, 'l.50 BMG cartridge, " shall
have the same meaning as that set .forth in paragraph (26) o f
12275. This chapter shall be known as the Roberti-Roos
Assault Weapons Control Act of 1989 and the Koretz .50 BMG
Rifle Control Act o f 2003.
read:
1 2275.5. (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.
(8) The Legislatt~re hereby finds and declares that the
proliferation and use o f . 5 0 BMG 1-lfles, as defined in Section
12278, poses a clear and present terrorist threat to the health,
sqfe?: and seczwip ofall residents OL and visitors to, this state,
based upon findings that those.firearms have such a high capacity
for long distance and highly destructive jirepowler 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 transnzissionjacilities, petmchemical production and storage
facilities, and transportation injiastl-ucture. It is the intent of'the
Legislature in enacting this chapter to place restrictions on the use
of these rifles and to establish a ~qistratiorzand permit procedure
fbr their lawful sale and possession.
SEC. 9. Section 12278 is added to the Penal Code, to read:
12278. (a) As used in this chapter, a " S O BMG rifle" means
a center fire rifle designed or redesigned to fire a .50 BMG
cartridge.
(b) As used in this chapter, a ".50 BMG cartridge" has the same
meaning as set forth in paragraph (26) of subdivision (c) of Section
12020.
(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 Code of Federal Regulations.
(d) As used in this section, "antique fireaml" means any
firearm manufactured prior to January I, 1899.
12280. (a) ( I ) 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 01- any
.50 BMG rifle, except as provided by this chapter, is guilty of a
felony, and upon conl~ictionshall be punished by imprisonment in
the state prison for four, six, or eight years.
(2) In addition and consecutive to the punishment imposed
under paragraph ( I ) , any person who transfers, lends, sells, or
C
gives any assault weapon or any .50 BMG rifle to a minor in
violation of paragraph ( 1 ) shall receive an enhancement of one
year.
(b) Except as provided in Section 12288, and in subdivisions
(c) and (d), any person who, within this state, possesses any assault
weapon 01-any .50 BMG rifle, except as provided in this chapter,
is guilty of a public offense and upon conviction shall be punished
by imprisonment in the state prison, or in a county jail, not
exceeding one year. However, if the person presents proof that he
or she lawfully possessed the assault uleapon prior to June 1, 1989,
or prior to the date it was specified as an assault weapon, and has
since either registered the firearm and any other lawfully obtained
firearm specified by Section 12276 or 12276.5 pursuant to Section
12285 or relinquished them pursuant to Section 12288, a first-time
violation of this subdivision shall be an infraction punishable by
a fine of up to five hundred dollars ($500), but not less than three
hundred fifty dollars ($350), if the person has otherwise possessed
the firearm in compliance with subdivision (c) of Section 12285.
In these cases, the firearm shall be returned unless the court finds
in the interest of public safety, after notice and hearing, that the
assault weapon should be destroyed pursuant to Section 12028.
(c) A first-time violation of subdivision (b) shall be an
infraction punishable by a fine of up to five hundred dollars
($500), if the person was found in possession of no more than two
fiream~sin 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 12276.1.
(2) The person is not found in possession of a firearm specified
as an assault weapon pursuant to Section 12276 or Section
12276.5.
(3) The person has not previously been convicted of violating
this section.
(4) The person was found to be in possession of the assault
weapons within one year following the end of the one-year
registration period established pursuant to subdivision (a) of
Section 12285.
(5) The person has since registered the firearms and any other
lawfully obtained firearms defined by Section 12276.1, pursuant
to Section 12285, except as provided for by this section, or
relinquished them pursuant to Section 12288.
(d) Firearms seized pursuant to subdivision (c) shall be
returned unless the court finds in the interest of public safety, after
notice and hearing, that the assault weapon should be destroyed
pursuant to Section 12028.
(e) 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.
( f ) Subdivisions (a) and (b) shall not apply to the sale to,
purchase by, impor-tationoJ: or possession of assault weapons or
a .50 BA4G rifle by the Department of Justice, police departments,
sheriffs' offices, marshals' offices, the Youth and Adult
Corrections Agency, 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.
(g) (1) Subdivision (b) shall not prohibit the possession or use
of assault weapons or a .50 BMG rtfle by sworn peace officer
members of those agencies specified in subdivision (f) for law
enforcement purposes, whether on or off duty.
(2) Subdivisions (a) and (b) 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 by, a sworn peace officer member
of an agency specified in subdivision (f),provided that the peace
officer is authorized by his or her employer to possess or receive
the assault weapon or the .50 BMG rife. Required authorization
is defined as verifi able 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; 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, 2004, the officer shall register the .50 BMG njle on or
before April 1, 2004. In the case of u peace officer who possesses
or receives a .50 BMG r z e after January 1, 2004, the officer shall
register the .50 BMG rifle not later than 90 dajis aper possession
or receipt. 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
rijle to, or the possession of an assault weapon or a .50 BAG rifle
by, a member of a federal law enforcement agency provided that
person is authorized by the clziefexecutive oflicer of'the employing
agency to possess the assault weapon or .50 BMG I-ifle.
( h ) Subdivisions (a) and (b) shall not prohibit the sale or
transfer of assault weapons by an entity specified in subdivision (f)
to a person, upon retirement, who retired as a sworn officer from
that entity.
(i) Subdivision (b) shall not apply to the possession of an
assault weapon by a retired peace officer who received that assault
weapon pursuant to subdivision (h).
(j)Subdivision (b) shall not apply to the possession of an
assault weapon, as defined in Section 12276, by any person during
the 1990 calendar year, 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 described in paragraph (1) prior to June 1, 1989, if the
weapon is specified as an assault weapon pursuant to Section
12276, or 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.
(k) Subdivisions (a) and (b) 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 (f).
(2) Entities and persons who have been issued permits pursuant
to 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.
(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.
(0 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 uj7e registered under Section 12285 or that
was possessed pursuant to subdivision (g) or (i) which is disposed
of as authorized by the probate court, if the disposition is otherwise
permitted by this chapter.
(m) Subdivision (b) shall not apply to a person who is the
weapon or a .50 BMG rifle registered under Section 12285 or that
was possessed pursuant to subdivision (g) or (i), if the assault
weapon or .50 BMG rzj7e is possessed at a place set forth in
paragraph ( 1 ) of subdivision (c) of Section 12285 or as authorized
by the probate court.
(n) Subdivision (a) shall not apply to:
(1) A person who lawfully possesses and has registered an
assault weapon pursuant to this chapter, or who lawfully possesses
an assault weapon pursuant to subdivision (i), who lends that
assault weapon to another if all the following apply:
(A) The person to whom the assault weapon is lent 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 01- 8 8103 of the Welfare and Institutions Code.
(B) The person to whom the assault weapon is lent remains in
the presence of the registered possessor of the assault weapon, or
the person who lawfully possesses an assault weapon pursuant to
subdivision (i).
(C) The assault weapon 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 to the registered possessor,
or the lawful possessor, which is lent by the same pursuant to
paragraph (I).
(0) Subdivision (b) shall not apply to the possession of an
assault weapon by a person to whom an assault weapon is lent
pursuant to subdivision (n).
(p) Subdivisions (a) and (b) 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:
(i) A target range that holds a regulatory or business license for
the purpose of practicing shooting at that target range.
(ii) 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 con~petitionis 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
pron~oteseducation about, firearms.
(4) The assault weapon or .50 BMG ~"ifleis 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 8 100 or 8 103 of
the Welfare and lnstitutions Code.
(q) Subdivision (b) shall not apply to any of the following
persons:
(1) A person acting in accordance with Section 12286.
(2) A person who has a permit to possess an assault weapon or
a .50 BMG rifle issued pursuant to Section 12286 when he or she
is acting in accordance with Section 12285 or 12286.
(r) Subdivisions (a) and (b) shall not apply to any of the
following persons:
( 1) A person acting in accordance with Section 12285.
(2) A person acting in accordance with Section 12286 or
12290.
(s) Subdivision (b) 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.
(t) (1) Subdivision (a) shall not apply to the importation into
this state of an assault weapon or a .50 BMC rifle by the registered
owner of that assault weapon or a .50 BMC rifle, if it is in
accordance with the provisions of subdivision (c) of Section
12285.
w
(2) Strbdivision (a) shall not apply dza-ilzgtlze.first 90 days of the
2004 calerzdar year to the importation into this state of a .50 BMG
rifle by a persolz who la~!firll.ypossessed that .50 BMG I.@ in this
state on December 31, 2003.
(21) Subdivision (b) shall not apply to the possession qf a .50
BMG r$?e that is not defined or specijkd as an assault weapon
pursuant to this clzapte~by any person during thefimt 90 dajis of
the 2004 calendar year. if all of tlze~follo~virzg are applicable:
( I ) The per-son is eligible under this chapter to ~vgisterthat .50
BMG I-ifle.
(2) The person l a ~ ~ f u lpossessed
ly the .50 BMG rifle prior to
January 1, 2004.
(3) The person is otherwise in compliance with this chapter:
(v) 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 firearni.
(2) The effective date of the list promulgated pursuant to
Section 12276.5 that adds or changes the designation of the
specified firearnl.
(3) The operative date of Section 12276.1, as specified in
subdivision (d) of that section.
12285. (a) (I) 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
iawfully 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
suficient 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.
(2) E-xcept as provided in subdivision (a) o f Section 12280, any
person who la~trfullypossesses arzy .50 BMG rlf7eprior to January
1, 2004, that is not specified as an assault weapon under Section
1-3276 01. 12276.5 or defined as an assault weapon pursuant to
Section 12276.1, shall register the .50 BMG rifle with tlze
departnleilt uithin YO days pursuant to thoseprocedures that the
department may establish. The registration shall contain a
description of the.firearm that identifies it uniquely, irzcludirzg all
identification marks, the fill1 name, addr*ess, date of birth, and
tlzzinzbpr-int o f tlze ownel; and any other- infornzation that the
departnzent nzuy deem appropriate. The department may charge a
.fee.for registration of up to twenpfive dollars ($25)perpei-soiz but
not to exceed the actual processing costs ofthe department. After
tlze depar-tment establishes .fees sufficient to reinzburse the
department for processing costs, fees charged shall increase at a
rate not to exceed the legislatively approved annual cost-of-living
adj~rstnzent.forthe depar-tnzentk budget or as otherwise increased
through the Budget Act.
(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 subdivision (g) or (i) of Section 12280 by
bequest or intestate succession, or (B) lawfully possessed a firearn1
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 fireann 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
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
possessedpursucznt to this section rtzay be sold or transfirred on or-
afier January 1, 2003, to anyone within this state otlzer than to a
licensed gun dealel: as dejined in subdivision (c) of Section 12290,
or as provided in Section 12288. Any person who obtains title to
a .50 BMG rijle ~~gistered under this section or- that was possessed
pursuant to subdivision (g) of Section 12,380 by bequest or
intestate succession shall, within 90 dajw, render the weapon
per-nzanentijj inoperable, sell the weapon to a licemed gun dealec
obtain a permit jbnz the Department ofJustice in the same manner
Chapter 2, or remove the weapon from this state.
(4) A person moving into this state, otlzerwise in layful
possession ? f a .50 BMG rife, shall do one ofthejollowing:
(A) Prior to bringing the .50 BMG rifle into this state, that
person slzal1,first obtain a pernzit.fronz the Department o f Justice
in tlze sanie manner as specified in Article 3 (contntencing with
Section 12230) of Clzapter 2.
(B) The person shall cause the .50 BMG rifle to be delivered to
a licensed gun dealec as defined in subdivision (c) of Section
122Y0 in this state in accordance with Chapter 44 (commencing
with Section 921) of 7itle 18 o f the United States Code and tlze
regulations issued purstrant thereto. If the person obtains a permit
from tlze Department o f Justice in the same manner as specified in
Article 3 (conzrnencing nitlz Section 1,9230) of Chapter 2, the
dealer- shall redeliver that .50 BMG rtfle to tlze person. If the
licensed gun dealel; as defined in subdivision (c) of Section 12290
is pmhibite~/~fuom delivering the .50 caliber BMG rifle to aperson
pursuant to this paragraph, the dealer shall dispose of the .50
BMG rife 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 pem~ission.
(2) While on the premises of a target range of a public or private
(3) While on a target range that holds a regulatory or business
(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 , or 12278 is
specifically permitted by the managing agency of the land.
(7) While transporting the assault weapon or. .50 BMG r$e
between any of the places mentioned in this subdivision, or to any
for servicing or repair pursuant to subdivision (b) of Section
12290, if the assault weapon or .50 BMG rzJe is transported as
required by Section 12026.1.
(d) No person who is under the age of 18 years, no person who
is prohibited from possessing a firearm by Section 12021 or
12021.1, and no person described in Section 8 100 or 8 103 of the
Welfare and Institutions Code may register or possess an assault
weapon or- u .50 BMG I-zfle.
(e) The department's registration procedures shall provide the
option of joint registration for assault weapons or- .50 BMG rifles
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) (I) 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 legallv registered afifii-earn?us an assault
weapon pursuant to the provisions o f law in efect prior to Junuay
1, 2004, where the assault weapon is ther-euftel-defined as a .50
caliber BMG rifle pur-suant to Section 12278, slzall be deemed to
have ~vgisterzdthe weapon for purposes o f this chapter and shall
not be I-eqzriredto reregister the weapon pur-suant to this section.
The Department ofJustice slzall cross-reference any .50 BMG rifle
that is almzdy registered as an assault weapon as also being
~.egistel*edas a .50 BMG rifle.
(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. (a) Any person who lawfully acquired an assault
weapon before June 1, 1989, and wishes to use it in a manner
different than specified in subdivision (c) of Section 12285, 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, or any person who wishes to acquire an assault weapon 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 12230) of Chapter 2.
(b) Anv person who layfully acquired a .50 BMG rifle before
Januav 1, 2004, and wishes to use it in a manner d$jer.mt than
specified in subdivision (c) of Section 12285, or any person who
wishes to acquire a .50 BMG rifle ufier Januar?;1, 2004, slzallfirst
obtain a penizit.fi.om the Department of Justice in the same manner
us spec$ed in .4rticle 3 (conzmencing with Section 12230) of
Chapter 2.
12287. (a) The Department of Justice may, upon a finding of
good cause, issue pernlits for the manufacture of assault weapons
or .50 BMG rifles to federally licensed manufacturers of firearms
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 (f) of Section 12280.
(2) Entities and persons who have been issued pem~itspursuant
to Section 12286.
(4) Federal law enforcement and military agencies.
(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 u .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.
read:
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 rtfle
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 comnlitting a criminal violation may gain access to the
assault weapon or .50 BMG r-[fie.
(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 a n 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 rzjles, the
departn~enth education campaign shall provide materials to
dealers o f S O Bh4G rifles, aizd 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.
12290. (a) Any licensed p n dealer, as defined in subdivision
(c), who lawhlly possesses an assault weapon 01- a .50 BMG rife
pursuant to Section 12285, in addition to the uses allowed in
Section 12285, may transport t h e ~ ~ f i r e betweena m dealers
or out of the state if that pemon is permitted pursuant to the
Nafioizal Firearnzs 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) ( I ) 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 may transfer possession of any
assault weapon 01- .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 en~ploy.
(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 tern1 "licensed gun dealer," as used in this article,
means a person who is licensed pursuant to Section 12071.
SEC. 18. It is not the intent of the Legislature in amending
Sections 12020 and 12280 of the Penal Code by this act to
supersede, restrict, or affect the application of any other law, and
to that end the amendments are cumulative. However, an act or
omission punishable under different ways by these amended
sections and other provisions of law shall not be punished under
more than one provision.
SEC. 19. No reimbursement is required by this act pursuant
to Section 6 of Article XI11 B of the California Constitution
because the only costs that may be incurred by a local agency or
school district will be incurred because this act creates a new crime
or infraction, eliminates a crime or infraction, or changes the
penalty for a crime or infraction, within the meaning of Section
17556 of the Government Code, or changes the definition of a
crime within the meaning of Section 6 of Article XI11 B of the
California Constitution.
AMENDED IN ASSEMBLY APRIL 10,2003
CALIFORNIA LEGISLATURE-2003-04 REGULAR SESSION

(Coautho~s:Assembly Members Clzu, Goldberg, Hancock, Kelzoe,
Lieher; Levine, Mullin, Ridley-Thomas, Var.ga.7, and Yee)
g coauthor*^: Senators Kuelzl, Perata, Ronzero, Soto, and Torlahon)
December 2,2002

12079, 12275, 12275.5, 12280, 12285, 12286, 12287, 12288, 12288.5,

AB 50, as amended, Koretz. .50 Caliber BMG rifles.
with a S O BMG rifle, as defined.
specified.
This bill would include tracking the possession and ownership of .50

This bill would extend those provisions to include .50 BMG
This bill would define ".50 BMG rifle" and " S O BMG cartridge"
weapon to a n~inor,as specified.
This bill would extend those provisions to include a .50 BMG rifle.
issuance of permits in connection with S O BMG rifles. This bill would
register or have permits to possess S O BMG rifles.
This bill would similarly permit persons to a w e to relinquish a S O
reimbursement.
The people of the State of CaEiforrzia do enact as.follows:

read:
245. (a) (1) Any person who commits an assault upon the
a fiream1 or by any means of force likely to produce great bodily
injuiy shall be punished by in~prisonmentin the state prison for
assault weapon, as defined in Section 12276 or 12276.1, or a S O
another with a semiautomatic firearm shall be punished by
produce great bodily injury upon the person of a peace off~ceror
firefighter, and ~ v h oknows or reasonably should know that the
(d) (1) Any person who commits an assault with a firearm
or her duties, shall be punished by imprisonment in the state prison
peace officer or firefighter with a sen~iautomaticfirearm and who
or firefighter engaged in the perfomlance of his or her duties, when
or her duties, shall be pun~shedby imprisonment in the state prison
(3) Any person who commits an assault with a machinegun, as
Section 12276 or 12276.1, or a S O BMG rifle, as defined in
peace officer or firefighter engaged in the performance of his or
for 6, 9, or 12 years.
the court shall order that the weapon or instrunlent or firearm be
12011. The Prohibited Armed Persons File database shall
firearms-prohibiting charge specified in Section 12021, a
prohibition pursuant to Section 8 100 or 8 103 of the Welfare and
ownership of a fiream1 on or after Januaiy 1, 199 1, or an assault
weapon registration, or a S O BMG rifle registration.
prohibited fi-om acquiring, owning, or possessing firearms, the
of a firearm on or after January 1, 199 1, or an assault weapon
(c) If the department detem~inesthat, pursuant to subdivision
(a) or (b), the subject has an entry in the Automated Fireamx
System indicating possession or ownership of a fiream1 on or after
January 1, 1991, or an assault weapon registration, or a S O BMG
rifle registration, the following information shall be entered into
the Prohibited Amled Persons File:
( 1) The subject's name.
that is deemed necessary by the Attomey General.
(5) The basis of the firearnls possession prohibition.
(6) A description of all firearms owned or possessed by the
(1) Manufactures or causes to be manufactured, imports into
which contains or consists of any flkchette dart, any bullet
containing or carrying an explosive agent, any .50 BMG cartridge,
any ballistic knife, any nlultiburst 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-me, 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 cominoilly
known as a blackjack, slungshot, billy, sandclub, sap, or sandbag.
magazine.
Enforcement and prevention Act (Chapter 11 (commencing with
carrying an explosive agent is not a destructive device as that tern1
is used in Section 1230 1 .
( I ) The sale to, purchase by, or possession of short-barreled
shotguns or short-barreled rifles by police departments, sheriffs'
with Section 120%) of this chapter and not in violation of federal
law.
of self-defense.
(5) Any antique firearrn. For purposes of this section, "antique
rimfire or conventional center fire ignition with fixed ammunition
and manufactured in or before 1898 (including any matchlock,
(7) Any fireaim or ammunition which is a curio or relic as
Regulations and which is in the possession of a person permitted
8103 of the Welfare and Institutions Code from possessing
pursuant to Section 1202 1, 12021.1, or 12 101 of this code or
to the federal Gun Control Act of 1968 (Public Law 90-618), as
prohibited by Section 12021, 12021.1, or 12101 of this code or
Section 8100 or 8 103 of the Welfare and Institutions Code from
punishable pursuant to Section 12021, 1202 1.1, or 12101 of this
fireann, unloaded.
( 1 0) Instruments or devices, other than short-barreled shotguns
entertainnlent event by an authorized participant therein in the
enlployee or agent of the entity producing that production or event.
(1 1 ) Instrun~entsor devices, other than short-barreled shotguns
who are in the business of selling.instruinents or devices listed in
and (10) when engaging in transactions with those entities.
weapons, devices, and anmunition listed in subdivision (a) solely
( 14) The manufacture for, sale to, exposing or keeping for sale
practice handgrenade or metal replica handgrenade, or any .50
BMG cartridge, that is a relic, curio, memorabilia, or display item,
for use as a grenade, or live ammunition.
(1 6) Any instrument, ammunition, weapon, or device listed in
subdivision (a) that is not a firearm that is found and possessed by
(1 ) of subdivision (b) of Section 12316 of this code or Section 8 100
(B) The person possessed the instrunlent, ammunition,
(I ) of subdivision (b) of Section 12316 of this code or Section 8 100
transporting the firearrn to a law enforcement agency for
state of, or purchase of, any large-capacity magazine or .SOBMG
cartridge 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
or importation into this state of, a large capacity magazine 01. .SO
BMG cartridge 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.
(2 1) The sale or purchase of any large-capacity magazine or
.50 BMG cartridge to or by a person licensed pursuant to Section
1207 1.
(22) The loan of a lawfhlly possessed large-capacity magazine
between two individuals if all of the following conditions are met:
(A) The person being loaned the large-capacity magazine is not
prohibited by Section 1202 1, 1202 1.1, or 1210 1 of this code or
Section 8 100 or 8 103 of the Welfare and Institutions Code from
possessing firearms or ammunition.
(B) The loan of the large-capacity magazine occurs at a place
or location where the possession of the large-capacity magazine is
not otherwise prohibited and the person who lends the
large-capacity magazine remains in the accessible vicinity of the
person to whom the large-capacity magazine is loaned.
(24) The importation o f a .S0 BMG cartridge by a person who
lawfully possessed the .50 BII4G cartridge in the state prior to
Januay 1, 2004, l a ~ f u l l took
y it out o f the state, and is returning
to tlze state with tlze .50 BMG cartridge previously laufi~llv
possessed in the state.
(25) The lending or giving of any large-capacity magazine or
.50 BMG cartridge to a person licensed pursuant to Section 12071,
or to a gunsmith, for the purposes of maintenance, repair, or
modification of that large-capacity magazine.
e3
(26) The return to its owner of any large-capacity magazine 01-
.50 BMG curtridge by a person specified in paragraph (Mj (25).
w
large-capacity magazine or .SO BMG cartridge 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
tenns and conditions of that permit.
65)
laws of this state.
w9
specified in paragraph rn (28) to their authorized employees,
while in the course and scope of their employment for purposes
that pertain to the entity's armored vehicle business.
w
entities specified in paragraph (28) by those employees
specified in paragraph- (29).
w
(31) ( A ) The manufacture of a large-capacity magazine or .50
BMG cartridge for any federal, state, county, city and county, or
city agency that is charged with the enforcement of any law, for use
by agency employees in the discharge of their official duties
whether on or off duty, and where the use is authorized by the
agency and is within the course and scope of their duties.
(B) The manufacture of a large-capacity magazine or .50 BMG
cartridge for use by a sworn peace officer as defined in Chapter 4.5
(coinniencing with Section 830) of Title 3 of Part 2 who is
duties.
(C) The manufacture of a large-capacity magazine or 3 0 BMG
cartridge for export or for sale to government agencies or the
military pursuant to applicable federal regulations.
w
(32) The loan of a large-capacity magazine or .50 BMG
cartridge for use solely as a prop for a motion picture, television,
or video production.
w
(33) The purchase of a large-capacity magazine or .50 BMG
cartridge by the holder of a special weapons permit issued
pursuant to Section 12095, 12230, 12250, 12286, or 12305, for
any of the following purposes:
video production.
regulations.
'3%
(34) Any person who manufactures, imports into the state,
keeps for sale, or offers or exposes for sale, or gives, lends or
possesses any S O BMG cartridge, if the person may legally
possess a S O BMG rifle as defined in Section 12278.
(c) (I) As used in this section, a "short-barreled shotgun"
(A) A firearm which is designed or redesigned to fire a fixed
in length.
of the same person.
of the following:
length.
of the same person.
or capable of being carried in a pocket or purse, if the firearm may
( 5 ) As used in this section, a "cane gun" means any firearm
(6) As used in this section, a "flechette dart" means a dart,
( 8 ) As used in this section, a "ballistic knife" means a device
any comnlon bow, compound bow, crossbow, or undeiwater spear
gun.
criteria:
enclosed firearm by external controls while the firearm is in the
container.
(C) It is not readily recognizable as containing a firearm.
( 1 0) As used in this section, a "zip gun" means any weapon or
pursuant to Chapter 44 (commencing with Section 921) of Title 18
thereto.
manufacturer licensed pursuant to Chapter 44 (commencing with
exemption fi-om paying tax on that weapon or device granted under
Section 4 181 and Subchapters F (commencing with Section 42 16)
and G (commencing with Section 422 1) of Chapter 32 of Title 26
pursuant thereto.
explosion or other form of combustion.
(1 2) As used in this section, an "unconventional pistol" means
26 inches.
( 1 5) As used in this section, a "cane sword" means a cane,
stiletto.
action.
(17) As used in this section, a "leaded cane" means a staff,
crutch, stick, rod, pole, or similar device, unnaturally weighted
with lead.
(20) As used in tlis section, a "rifle" means a weapon designed
shoulder and designed or redesigned and made 01- remade to use
through a smooth bore either a number of projectiles (ball shot) or
inspection by the types of X-ray machines commonly used at
(C) For purposes of this paragraph, the terms "firearm,"
"major conlponent," and "Security Exemplar" have the same
metal objects likely to be carried on one's person suficient for
semiautomatic firearm which allows the firearm to discharge two
constructed and designed so that when attached to a sen~iautomatic
into position.
any anlnlunition feeding device with the capacity to accept more
following:
(A) A feeding device that has been permanently altered so that
it cannot accon~modatemore than 10 rounds.
firearm.
(26) As used in this section, a S O BMG cartridge means a
cartridge that is designed and intended to be fired from a center fire
rifle and that meets 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, .5 1 1 inch.
(C) The case base diameter for the cartridge is from .800 inch
to, and including, 3 0 4 inch.
(D) The cartridge case length is 3.910 inches.
(E) It is a centerfire cartridge of S O caliber or S O BMG.
(27) As used in this section, " S O BMG rifle" has the same
meaning as set forth in Section 12278.
of this section.
consecutive term of imprisonment in the state prison for one year,
term shall apply to any person who is a principal in the commission
arn~edwith a firearm, whether or not the person is personally
armed with a fir earn^.
Section 12200, or a S O BMG rifle, as defined in Section 12278,
personally armed with an assault weapon or machinegun, or a S O
BMG rifle.
dangerous weapon in the commission of a felony or attempted
(a), any person who is personally armed with a firearm in the
commission of a violation or attempted violation of Section 1135 1 ,
11351.5, 11352, 11366.5, 11366.6, 11378, 11378.5, 11379,
punished by an additional and consecutive tern1 of imprisonment
(d) Notwithstanding the enhancen~entset forth in subdivision
(a), any person who is not personally armed with a firearm who,
knowing that another principal is personally armed with a firearm,
is a principal in the commission of an offense or attempted offense
consecutive term of imprisonment in the state prison for one, two,
or three years.
11 70.1, the enhancements under this section shall count as one,
single enhancement.
(0 Notwithstanding any other provision of law, the court may
read:
m 50 122?!2278;in the commission
of a felony or attempted felony, shall be punished by an additional
and consecutive term of imprisonment in the state prison for 5,6,
or 1 0 years.
(d) Notwithstanding the limitation in subdivision (a) relating to
firearm is used, or for murder if the killing is perpetrated by means
injuly or death.
an assault weapon, a machinegun, or a S O BMG rifle, in the
con~missionof a felony or attempted felony as provided in this
section and the firearm, assault weapon, machinegun, or a .50
fiream1 be deemed a nuisance and disposed of in the manner
(f) For purposes of imposing an enhancen~entunder Section
single enhancement.
magazines or .50 BMG cartridges.
(c) For purposes of this section, ".50 BMG cartridge," shall
have the same meaning as that set forth in paragraph (26) of
Assault Weapons Control Act of 1989 and the Koretz .50 BMG
Rifle Control Act of 2003.
read:
12275.5. (a) The Legislature hereby finds and declares that
(b) The Legislature hereby finds and declares that the
proliferation and use of .50 BMG rifles, as defined in Section
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
and transmission facilities, petrochemical production and storage
facilities, and transportation infrastructure. It is the intent of the
of these rifles and to establish a registration and permit procedure
for their lawful sale and possession.
12278. (a) As used in this chapter, a ".50 BMG rifle" means
a center fire rifle designed or redesigned to fire a S O BMG
cartridge.
(b) As used in this chapter, a " S O BMG cartridge" has the same
12020.
(c) A " S O BMG rifle" does not include any "antique firearm,"
(d) As used in this section, "antique firearm" means any
firearm manufactured prior to January I , 1 899.
12280. (a) (1) Any person who, within this state,
exposes for sale, or who gives or lends any assault weapon or any
S O BMG rifle, except as provided by this chapter, is guilty of a
felony, and upon conviction shall be punished by imprisonment in
under paragraph (I), any person who transfers, lends, sells, or
gives any assault weapon or any S O BMG rifle to a minor in
violation of paragraph (1) shall receive an enhancement of one
year.
weapon or any 5 0 BMG rifle, except as provided in this chapter,
by imprisoninent in the state prison, or in a county jail, not
or she lawfully possessed the assault weapon prior to June 1, 1989,
the firearm in con~pliancewith subdivision (c) of Section 12285.
i?iwtmw assault weapons in compliance with subdivision (c) of
Section 12285 and the person meets all of the following
conditions:
assault weapon prior to the date it was defmed as an assault weapon
12276.5.
this section.
Section 12285.
any person who coinmits another crime while violating this section
other crime.
(f) Subdivisions (a) and (b) shall not apply to the sale to,
purchase by, importation of, or possession of assault weapons or
a S O BMG rifle by the Department of Justice, police departments,
of assault weapons or a S O BMG rifle by sworn peace officer
transfer, or sale of an assault weapon or a 3 0 BMG rifle to, or the
of an agency specified in subdivision (f), provided that the peace
the assault weapon or the S O BMG rifle. Required authorization
is defined as verifiable written certification from the head of the
officer who possesses or receives a S O BMG rifle on or before
January 1,2004, the officer shall register the S O BMG rifle on or
before April 1,2004. In the case of a peace officer who possesses
or receives a S O BMG rifle after January 1,2004, the officer shall
register the S O BMG rifle not later than 90 days after possession
the delivery, transfer, or sale of an assault weapon or a S O BMG
rifle to, or the possession of an assault weapon or a S O BMG rifle
person is authorized by the ekief cx,m&ve&%ccr of the
employing agency to possess the assault weapon or S O BMG rifle.
(h) Subdivisions (a) and (b) shall not prohibit the sale or
that entity.
(j) Subdivision (b) shall not apply to the possession of an
weapon described in paragraph ( I ) prior to June 1, 1989, if the
by persons who are issued pem~itspursuant to Section 12287 of
(1) Exempt entities listed in subdivision (0.
to Section 12286.
( 5 ) Law enforcenlent and military agencies of other states.
( I ) Subdivision (a) shall not apply to a person who is the
weapon or a S O BMG rifle registered under Section 12285 or that
weapon or S O BMG rifle is possessed at a place set forth in
paragraph (1) of subdivision (c) of Section 12285 or as authorized
assault weapon pursuant to this chapter, or who lawfully possesses
an assault weapon pursuant to subdivision (i), who lends that
assault weapon to another if all the following apply:
(A) The person to whom the assault weapon is lent 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
the presence of the registered possessor of the assault weapon, or
the person who lawfully possesses an assault weapon pursuant to
subdivision (i).
(C) The assault weapon is possessed at any of the following
locations:
(2) The return of an assault weapon to the registered possessor,
or the lawful possessor, which is lent by the same pursuant to
paragraph (I ).
assault weapon by a person to whom an assault weapon is lent
pursuant to subdivision (n).
competition that involves the use of an assault weapon or a .50
BMG rifle.
(i) A target range that holds a regulatory or business license for
(ii) A target range of a public or private club or organization
(3) The match or conlpetition is sponsored by, conducted under
(4) The assault weapon or .50 BMG rifle is transported in
the Welfare and Institutions Code.
persons:
(I) A person acting in accordance with Section 12286.
a S O BMG rifle issued pursuant to Section 12286 when he or she
following persons:
12290.
assault weapon or a S O BMG rifle possessing that firearm in
(t) ( I ) 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 S O BMG rifle, if it is in
12285.
(2) Subdivision (a) shall not apply during the first 90 days of
the 2004 calendar year to the importation into this state of a S O
BMG rifle by a person who lawfully possessed that S O BMG rifle
in this state on December 3 1,2003.
(u) Subdivision (b) 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 during the first 90 days of
the 2004 calendar year if all of the following are applicable:
(1) The person is eligible under this chapter to register that S O
BMG rifle.
(2) The person lawfully possessed the S O BMG rifle prior to
Janua~y1, 2004.
adds the designation of the specified fireann.
specified firearm.
SEC. 1I. Section 12285 of the Penal Code is amended to read:
12285. (a) (1) Any person who lawfully possesses an assault
register the firearm by January 1, 199 1, and any person who
lawfully possessed an assault weapon prior to the date it was
register the firearnl within 90 days with the Department of Justice
sufficient to reimburse the department for processing costs, fees
(2) Except as provided in subdivision (a) of Section 12280, any
person who lawfully possesses any .50 BMG rifle prior to January
12276 or 12276.5 or defined as an assault weapon pursuant to
Section 12276.1, shall register the .50 BMG rifle with the
department within 90 days pursuant to those procedures that the
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 infom~ationthat the
department may deem appropriate. The department may charge a
fee for registration of up to twenty-five dollars ($25) per person
but not to exceed the actual processing costs of the department.
After the department establishes fees suflicient to reimburse the
adjustment for the department's budget or as otherwise increased
bequest or intestate succession, or (B) lawfully possessed a firearm
lawhlly possessed a firearm that was subsequently declared to be
register the firearm within 90 days of the decIaration issued
fi-om the Department of Justice in the same manner as specified in
(3) Except as provided in para~raph(41, no S O BMG rifle
after January 1 , 2 8 8 3 2004, to anyone within this state other than
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 subdivision (g) of Section 12280 by bequest
or intestate succession shall, within 90 days, render the weapon
Chapter 2, or remove the weapon from this state.
(4) A person moving into this state, otherwise in lawhl
possession of a .50 BMG rifle, shall do one of the following:
(B) The person shall cause the S O 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
dealer shall redeliver that S O BMG rifle to the person. If the
licensed gun dealer, as defined in subdivision (c) of Section 12290
is prohibited from delivering the S O caliber BMG rifle to a person
pursuant to this paragraph, the dealer shall dispose of the S O BMG
rifle as allowed by this chapter.
a S O BMG rifle under this section may possess it only under any
of the following conditions unless a pem~itallowing additional
uses is first obtalned under Section 12286:
(I) At that person's residence, place of business, or other
with the owner's express permission.
fosters proficiency in, or promotes education about, firearms.
a firearm described in Section 12276, 12276.1, or 12278 is
(7) While transporting the assault weapon or S O BMG rifle
12290, if the assault weapon or .50 BMG rifle is transported as
1202 1.1, and no person described in Section 8 100 or 8 103 of the
weapon or a .50 BMG rifle.
option of joint registration for assault weapons or S O BMG rifles
that they lawfully possessed prior to June 1, 1 989.
(g) ( 1 ) Any person who registered a firearm as an assault
(2) Any person who legally registered a firearm as an assault
weapon pursuant to the pro~~isions of law in effect prior to January
1, 2004, where the assault weapon is thereafter defined as a .50
caliber BMG rifle pursuant to Section 12278, shall be deemed to
(11) Any person who registers his or her assault weapon during
the 90-day forgiveness period described in subdivision (f),and any
of Justice after January 1, 199 1, and who was issued a temporary
1989, and January 1, 1990, and wishes to keep it after January 1 ,
January 1, 1990, shall first obtain a pemlit from the Departn~ent
(b) Any person who lawfully acquired a .50 BMG rifle before
January 1, 2004, and wishes to use it in a manner different than
wishes to acquire a .50 BMG rifle after January 1,2004, shall first
Chapter 2.
good cause, issue permits for the manufacture of assault weapons
or S O BMG rifles to federally licensed manufacturers of firearms
( 1 ) The agencies listed in subdivision (f)of Section 12280.
to Section 12286.
(5) Law enforcen~entand military agencies of other states.
1 2230) of Chapter 2.
1 SEC. 14. Section 12288 of the Penal Code is amended to read:
2 12288. Any individual may arrange in advance to relinquish
3 an assault weapon or a .50 BMG rifle to a police or sheriff's
4 department. The assault weapon or .50 BMG rifle shall be
5 transported in accordance with Section 12026.1.
6 SEC. 15. Section 12288.5 of the Penal Code is amended to
7 read:
8 12288.5. (a) No peace officer or dispatcher shall broadcast
9 over a police radio that an individual has registered, or has
10 obtained a permit to possess, an assault weapon or .50 BMG rifle
11 pursuant to this chapter, unless there exists a reason to believe in
12 good faith that one of the following conditions exist:
13 (1) The individual has engaged, or may be engaged, in criminal
14 conduct.
15 (2) The police are responding to a call in which the person
16 allegedly committing a criminal violation may gain access to the
17 assault weapon or .50 BMG rifle.
18 (3) The victim, witness, or person who reported the alleged
19 criminal violation may be using the assault weapon or .50 BMG
20 rifle to hold the person allegedly committing the criminal violation
21 or may be using the weapon in defense of himself, herself, or other
22 persons.
23 (b) This section shall not prohibit a peace officer or dispatcher
24 from broadcasting over a police radio that an individual has not
25 registered, or has not obtained a permit to possess, an assault
26 weapon or .50 BMG rifle pursuant to this chapter.
27 (c) This section does not limit the transmission of an assault
28 weapon or a .50 BMG rifle ownership status via law enforcement
29 computers or any other medium that is legally accessible only to
30 peace officers or other authorized personnel.
31 SEC. 16. Section 12289 of the Penal Code is amended to read:
32 12289. (a) The Department of Justice shall conduct a public
33 education and notification program regarding the registration of
34 assault weapons and the definition of the weapons set forth in
35 Section 12276.1. The public education and notification program
36 shall include outreach to local law enforcement agencies and
37 utilization of public service announcements in a variety of media
38 approaches, to ensure maximum publicity of the limited
39 forgiveness period of the registration requirement specified in
40 subdivision (f) of Section 12285 and the consequences of
state during the forgiveness period. For S O BMG rifles, the
department's education campaign shall provide materials to
dealers of S O BMG rifles, and to recognized national associations
that specialize in .50 BMG rifles.
12290. (a) Any licensed gun dealer, as defined in subdivision
(c), who lawfully possesses an assault weapon or a S O BMG rifle
Section 12285, may transport the fireann between dealers or out
of the state if that person is pern~ittedpursuant 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 pennit pursuant to Section
12286. Any transporting allowed by this section must be done as
(b) (1) Any licensed gun dealer, as defined in subdivision (c),
may take possession of any assault weapon or S O BMG rifle for
assault weapon or S O BMG rifle received pursuant to paragraph
(I), to a gunsmith for purposes of accomplishing service or repair
persons:
(A) A gunsmith who is in the dealer's employ.
gunsmith receiving the assault weapon or S O BMG rifle shall hold
all of the following:
(c) The term "licensed gun dealer," as used in this article,
on~issionpunishable under different ways by these amended
AMENDED IN ASSEMBLY MAY 7,2003

(Coauthors: Assembly Members Chu, Goldberg, Hancock,
Kehoe, Lieber, Levine, Mullin, Ridley-Thomas, Vargas, and Yee)
(Coauthors: Senators Kuehl, Perata, Romero, Soto, and Torlakson)
December 2,2002

12079, 12275, 12275.5, 12280, 12285, 12286, 12287, 12288, 12288.5,
LEGISLNIVE COUNSEL'S DIGEST

Existing law makes it an offense for any person to colnmit an assault
assault upon the person of a peace oflicer or firefighter, as specified,
with a ~nachinegunor assault weapon.
with a .50 BMG rifle, as defined.
specified.
This bill would include tracking the possession and ownership of .50
This bill would extend those provisions to include S O BMG
This bill would define ".50 BMG rifle" and " S O BMG cartridge"
issuance of permits in connection with .50 BMG rifles. This bill would
register or have permits to possess .50 BMG rifles.
This bill would similarly permit persons to arrange to relinquish a .50
reimbursement.
This bill would provide that no rein~bursen~ent is required by this act
The people of the State o f California do enact as.follo~~s:

read:
year? or by a fine not exceeding ten tl~ousanddollars ($10,000), or
assault weapon, as defined in Section 12276 or 12276.1, or a S O
victim is a peace officer or firefighter engaged in the perfonnance
the peace officer or firefighter is engaged in the perfonnance of his
peace officer or firefighter with a semiauton~aticfirearm and who
or firefighter engaged in the performance of his or her duties, when
Section 12276 or 12276.1, or a .50 BMG rifle, as defined in
(0 As used in this section, "peace officer" refers to any person
120 11. The Prohibited Armed Persons File database shall
ownership of a firearnl on or after January 1, 199 1, or an assault
prohibited from acquiring, owning, 01- possessing firearms, the
department shall determine if the subject has an entiy in the
(a) or (b), the subject has an entry in the Automated Firearms
(5) The basis of the firearms possession prohibition.
following is punishable by impiisonment in a county jail not
(1 ) Manufactures or causes to be manufactured, imports into
which contains or consists of any flechette dart, any bullet
containing or carrying an explosive agent, any S O BMG cartridge,
any ballistic knife, any nmltiburst trigger activator, any nunchaku,
cane sword, any shobi-zue, any air gauge knife, any writing pen
handgrenade, or any instrument or weapon of the kind comnlonly
known as a blaclijack, slungshot, billy, sandclub, sap, or sandbag.
magazine.
is used in Section 12301.
(1) The sale to, purchase by, or possession of short-barreled
law.
of self-defense.
and manufactured in or before 1898 (including any n~atchlock,
available in the ordinary channels of comnlercial trade.
(7) Any fiream1 or ammunition which is a curio or relic as
Regulations and which is in the possession of a person pemlitted
Section 12021, 12021 . I, or 12101 of this code or Section 8 100 or
8103 of the Welfare and Institutions Code from possessing
firearms or anlmunition who obtains title to these items by bequest
pursuant to Section 12021, 1202 1.1, or 12101 of this code or
to the federal Gun Control Act of 1968 (Public Law 90-61 8), as
prohibited by Section 12021, 1202 1.1, or 12101 of this code or
Section 8100 or 8103 of the Welfare and Institutions Code from
punishable pursuant to Section 12021, 1202 1.1, or 12 101 of this
code or Section 8 100 or 8103 of the Welfare and Institutions Code.
(9) instruments or devices that are possessed by federal, state,
firearm, unloaded.
(1 0) Instruments or devices, other than short-barreled shotguns
and (1 0) when engaging in transactions with those entities.
to, inlportation of, or lending of wooden clubs or batons to special
practice handgrenade 01- metal replica handgrenade, or any .50
(I 6) Any instrument, ammunition, weapon, or device listed in
ammunition pursuant to Section 1202 1 or 12021.1 or paragraph
(1) of subdivision (b) of Section 12316 of this code or Section 8 100
(B) The person possessed the instrun~ent, ammunition,
shost-barreled shotgun, that is found and possessed by a person
state of, or purchase of, any large-capacity magazine or S O BMG
cartridge to or by any federal, state, county, city and county, or city
or in~portationinto this state of, a large capacity magazine or S O
duties.
(2 1) The sale or purchase of any large-capacity magazine or S O
BMG cartridge to or by a person licensed pursuant to Section
12071.
or layfidly possessed .50 BMG cartridge between two individuals
if all of the following conditions are met:
(A) The person being loaned the large-capacity magazine or
.50 BMG cartridge is not prohibited by Section 1202 1, 1202 1.1,
or 12 101 of this code or Section 8 I00 or 8 103 of the Welfare and
Institutions Code from possessing firearms or ammunition.
(B) The loan of the large-capacity magazine or .50 BMG
cartridge occurs at a place or location where the possession of the
large-capacity magazine or .50 BMG cartridge is not otherwise
prohibited and the person who lends the large-capacity magazine
or .50 BMG cartridge remains in the accessible vicinity of the
person to whom the large-capacity magazine or .50 BMG
cartridge is loaned.
(24) The importation of a .50 BMG cartridge by a person who
lawfully possessed the .50 BMG cartridge in the state prior to
January 1, 2004, lawfully took it out of the state, and is returning
to the state with the .50 BMG cartridge previously lawfully
S O BMG cartridge to a person licensed pursuant to Section 12071,
(26) The return to its owner of any large-capacity magazine or
.50 BMG cartridge by a person specified in paragraph (25).
(27) The in~portation into this state of, or sale of, any
large-capacity magazine or -50 BMG cartridge by a person who
has been issued a pennit to engage in those activities pursuant to
temls and conditions of that permit.
laws of this state.
in the course and scope of their employment for purposes that
entities specified in paragraph (28) by those employees specified
in paragraph (29).
(3 1 ) (A) The manufacture of a large-capacity magazine or .50
(B) The manufacture of a large-capacity magazine or .50 BMG
duties.
(C) The manufacture of a large-capacity magazine or .50 BMG
(32) The loan of a large-capacity magazine or .50 BMG
(33) The purchase of a large-capacity magazine or S O BMG
cartridge by the holder of a special weapons permit issued pursuant
to Section 12095, 12230, 12250, 12286, or 12305, for any of the
following purposes:
video production.
regulations.
(34) Any person who manufactures, imports into the state,
keeps for sale, or offers or exposes for sale, or gives, lends or
possess a -50 BMG rifle as defined in Section 12278.
(c) (1) As used in this section, a "short-barreled shotgun"
(A) A firearm which is designed or redesigned to fire a fixed
in length.
of the same person.
of the following:
length.
of the same person.
(5) As used in this section, a "cane gun" means any firearm
any common bow, coinpound bow, crossbow, or underwater spear
gun.
(9) As used in this section, a "camouflaging fireann
criteria:
enclosed fireann by external controls while the firearm IS in the
container.
(C) It is not readily recognizable as containing a fireann.
"Camouflaging firearm container'' does not include any
(1 0) As used in this section, a "zip gun" means any weapon or
pursuant to Chapter 44 (commencing with Section 92 1 ) of Title 18
thereto.
and G (conmencing with Section 4221) of Chapter 32 of Title 26
pursuant thereto.
(D) It is made or altered to expei a projectile by the force of an
explosion or other fornl of combustion.
(12) As used in this section, an "unconventional pistol" means
26 inches.
blade with a length of at least 2'12 inches.
swagger stick. stick, staff, rod, pole, umbrella, or similar device,
stiletto.
clutch, stick, rod, or pole concealing a knife or blade within it
action.
(1 7) As used in this section, a "leaded cane" means a staff,
with lead.
through a sn~oothbore either a number of projectiles (ball shot) or
(C) For pulyoses of this paragraph, the terms "firearm,"
"major component," and "Security Exemplar" have the same
All firearn1 detection equipment newly installed in nonfederal
constructed and designed so that when attached to a semiautomatic
into position.
following:
firearm.
tip of the bullet.
including, .5 11 inch.
(C) The case base diameter for the cartridge is from 3 0 0 inch
(E) It is a centerfire cartridge of .50 caliber or .50 BMG.
(27) As used in this section, ".50 BMG rifle" has the same
of this section.
consecutive tern1 of imprisonment in the state prison for one year,
tern1 shall apply to any person who is a principal in the commission
shall be three years whether or not the amling is an element of the
offense of which the person was convicted. The additional tern1
personally armed with an assault weapon or machinegun, or a .50
BMG rifle.
(b) ( 1 ) Any person who personally uses a deadly or dangerous
one, two. or three years.
11351.5, 11352, 11366.5, 11366.6, 11378, 11378.5, 11379,
knowing that another principal is personally anned with a firearm,
or three years.
(e) For purposes of imposing an enhancenlent under Section
single enhancement.
(f) Notwithstanding any other provision of law, the court may
read:
person who personally uses a firearm in the comn~issionof a
or Section 12276.I , or a machinegun, as defined in Section 12200,
in the commission of a felony or attempted felony, shall be
in the state prison for 5, 6, or 10 years.
injury or death.
1 1 70.1, the enhancements under this section shall count as one,
single enhancement.
(c) For purposes of this section, ".50 BMG cartridge," shall
Assault Weapons Control Act of 1989 and the Koretz S O BMG
Rifle Control Act of 2003.
read:
cartridge.
(b) As used in this chapter, a " S O BMG cartridge" has the same
12020.
(c) A " S O BMG rifle" does not include any "antique firearnl,"
firearm manufactured prior to January 1, 1899.
12280. (a) ( I ) Any person who, within this state,
under paragraph ( I ) , any person who transfers, lends, sells, or
year.
since either registered the fiream and any other lawfully obtained
firearnl specified by Section 12276 or 12276.5 pursuant to Section
($5001, if the person was found in possession of no more than two
assault weapons in compliance with subdivision (c) of Section
12285 and the person meets all of the following conditions:
( I ) The person proves that he or she lawfully possessed the
assault weapon prior to the date it was defined as an assault weapon
12276.5.
this section.
Section 12285.
lawfully obtained firearms defined by Section 12276. I , pursuant
(d) Firearnls seized pursuant to subdivision (c) shall be
other crime.
a .50 BMG rifle by the Department of Justice, police departments,
transfer, or sale of an assault weapon or a .50 BMG rifle to, or the
of an agency specified in subdivision (f), provided that the peace
the assault weapon or the .50 BMG rifle. Required authorization
officer who possesses or receives a .50 BMG rifle on or before
January 1,2004, the officer shall register the .50 BMG rifle on or
before A p d Ju/j>1, 2004. In the case of a peace officer who
possesses or receives a S O BMG rifle after January 1, 2004, the
officer shall register the .50 BMG rifle not later than 48 180 days
after possession or receipt. The peace officer must include with the
registration, a copy of the authorization required pursuant to this
paragraph.
rifle to, or the possession of an assault weapon or a .50 BMG rifle
person is authorized by the employing agency to possess the
assault weapon or S O BMG rifle.
(11) Subdivisions (a) and (b) shall not prohibit the sale or
that entity.
(j) Subdivision (b) shall not apply to the possession of an
weapon described in paragraph ( I ) prior to June 1, 1989, if the
assault weapons or S O BMG rifles for sale to the following:
(1) Exempt entities listed in subdivision (f).
(2) Entities and persons who have been issued pennits pursuant
to Section 12286.
weapon or S O BMG rifle is possessed at a place set forth in
assault weapon or .50 BMG rfle pursuant to this chapter, or who
lawfully possesses an assault weapon pursuant to subdivision (i),
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 in a class of persons
prohibited from possessing firearms by virtue of Section 12021 or
12021.1 of this code or Section 8 100 or 8 103 of the Welfare and
lnstitutions Code.
the presence of the registered possessor of the assault weapon or
.50 BMG rifle, or the person who lawfully possesses an assault
weapon pursuant to subdivision (i).
(C) The assault weapon or .50 BMG rifle is possessed at any of
the following locations:
(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).
assault weapon by a person to whom an assault weapon or .50
BMG rifle is lent pursuant to subdivision (n).
and importation of an assault weapon or a S O BMG rifle into this
competition that involves the use of an assault weapon or a S O
BMG rifle.
tt)
(A) A target range that holds a regulatory or business license for
ttt)
(B) A target range of a public or private club or organization
(3) The match or competition is sponsored by, conducted under
promotes education about, firearms.
persons:
(I ) A person acting in accordance with Section 12286.
following persons:
12290.
this state of an assault weapon or a S O BMG rifle by the registered
owner of that assault weapon or a .50 BMG rifle, if it is in
12285.
(2) Subdivision (a) shall not apply during the first W 180 days
of the 2004 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 on December 3 1, 2003.
(u) Subdivision (b) shall not apply to the possession of a .50
pursuant to this chapter, by any person during the first 90 180 days
of the 2004 calendar year if all of the following are applicable:
(1) The person is eligible under this chapter to register that S O
BMG rifle.
January 1,2004.
(I ) The effective date of an amendment to Section 12276 that
adds the designation of the specified firearm.
(2) The effective date of the list pron~ulgatedpursuant to
specified fireaim.
person who lawfully possesses any .50 BMG rifle prior to January
department within 98 180 days pursuant to those procedures that
the department may establish. The registration shall contain a
After the department establishes fees sufficient to reimburse the
to an assault weapon registered under this section 01- that was
lawfully possessed a firearm that was subsequently declared to be
(3) Except as provided in paragraph (4), no S O BMG rifle
a S O BMG rifle registered under this section or that was possessed
pursuant to subdivision (g) of Section 12280 by bequest or
intestate succession shall, within 9Q-ilay 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 (comn~encingwith
Section 12230) of Chapter 2, or remove the weapon from tlis state.
possession of a S O BMG rifle, shall do one of the following:
(A) Prior to bringing the S O BMG rifle into this state, that
(B) The person shall cause the -50 BMG rifle to be delivered to
with Section 92 1) of Title 18 of the United States Code and the
dealer shall redeliver that .50 BMG rifle to the person. If the
is prohibited from delivering the .50 caliber BMG rifle to a person
pursuant to this paragraph, the dealer shall dispose of the .50 BMG
fosters proficiency in, or promotes education about, fiream~s.
(7) While transporting the assault weapon or .50 BMG rifle
between any of the places inentioiled in this subdivision, or to any
weapon or a .50 BMG rifle.
option of joint registration for assault weapons or -50 BMG rifles
(g) (1) Any person who registered a firearm as an assault
(2) Any person who legally registered a fiream1 as an assault
1, 2004, where the assault weapon is thereafter defined as a S O
(11) Any person who registers his or her assault weapon during
the 90-day forgiveness period described in subdivision (0,and any
January 1 , 1990, shall first obtain a pennit from the Department
obtain a permit fi-om the Department of Justice in the same manner
Chapter 2.
good cause, issue pennits for the manufacture of assault weapons
or .50 BMG rifles to federally licensed manufacturers of firearnls
(1 ) The agencies listed in subdivision (f)of Section 12280.
(2) Entities and persons who have been issued pennits pursuant
to Section 12286.
an assault weapon or a .50 BMG rifle to a police or sheriff's
read:
obtained a permit to possess, an assault weapon or .50 BMG rifle
conduct.
allegedly committing a criminal violation may gain access to the
criminal violation may be using the assault weapon or S O BMG
persons.
weapon or S O BMG rifle pursuant to this chapter.
(c) This section does not limit the transrnission of an assault
that specialize in S O BMG rifles.
(c), who lawfully possesses an assault weapon or a .50 BMG rifle
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 gyn show licensed by a state or local
assault weapon or .50 BMG rifle received pursuant to paragraph
persons:
amsmith receiving the assault weapon or .50 BMG rifle shall hold
(conlmencing with Section 921) of Title 18 of the United States
governnlental entity.
17556 of the Govenment Code, or changes the definition of a
AMENDED IN ASSEMBLY JUNE 2,2003
AMENDED IN ASSEMBLY APFUL 10,2003
CALIFORNIA LEGISLATURE 2003 04 REGULAR SESSION

Kehoe, Lieber, Levine, Mullin, Ridley-Thomas, Vargas, and Yee)
December 2,2002
An act to amend Sections 245, 120 1 1, 12020, 12022, 12022.5,

12079, 12275, 12275.5, 12280, 12285, 12286, 12287, 12288, 12288.5,

AB 50, as amended, Koretz. S O Caliber BMG rifles.
specified.
This bill would include tracking the possession and ownership of S O
This bill would extend those provisions to include S O BMG
This bill would define " S O BMG rifle" and " S O BMG cartridge"
lend, or possess an assault weapon. as specified, and provides a sentence
issuance of pennits in connection with S O BMG rifles. This bill would
exceeding $25 for the registration of a S O BMG rifle, as specified.
reimbursement.
The people o f the State o f California do enact asfollows:

read:
or her duties, shall be punished by imprisonnlent in the state prison
peace officer or firefighter with a semiauton~aticfirearm and who
knows or reasonably should know that the victin~is a peace officer
SEC. 2. Section 1201 1 of the Penal Code is amended to read:
ownership of a firearn1 on or after January 1, 199 1, or an assault
prohibited from acquiring, owning, or possessing firearnls, the
(a) or (b), the subject has an entry in the Automated Firearnls
System indicating possession or ownership of a firearn1 on or after
January 1, 1991, or an assault weapon registration, or a .50 BMG
( 5 ) The basis of the firearnls possession prohibition.
(1) Manufactures or causes to be manufactured, imports into
which contains or consists of any flkhette dart, any bullet
containing or carrying an explosive agent, any .50 BMG cartridge,
any ballistic knife, any multiburst trigger activator, any nunchaku,
cane sword, any shobi-zue, any air gauge knife, any writing pen
handgrenade, or any instrument or weapon of the kind comnlonly
known as a blackjack, slungshot, billy, sandclub, sap, or sandbag.
magazine.
is used in Section 12301.
(1) The sale to, purchase by, or possession of short-barreled
law.
of self-defense.
and n~anufacturedin or before 1898 (including any matchlock,
longer n~anufacturedin the United States and is not readily
(7) Any firearnl or ammunition which is a curio or relic as
Regulations and which is in the possession of a person pemlitted
81 03 of the Wzlfare and Institutions Code from possessing
pursuant to Section 1202 1, 1202 1.1, or 12 101 of this code or
Section 8 I00 or 8 103 of the Welfare and Institutions Code. Within
to the federal Gun Control Act of 1968 (Public Law 90-6 18), as
prohibited by Section 1202 1, 12021.1, or 1210 1 of this code or
Section 8 100 or 8 103 of the Welfare and lnstitutions Code from
punishable pursuant to Section 12021, 1202 1.1, or 12101 of this
firearm, unloaded.
(10) Instruments or devices, other than short-barreled shotguns
and (10) when engaging in transactions with those entities.
short-ban-eled shotgun, by any federal, state, county, city and
practice handgrenade or metal replica handgrenade, or any S O
(1 6) Any instrument, ammunition, weapon, or device listed in
(B) The person possessed the instrument, ammunition,
ammunition pursuant to Section 12021 or 12021.1 or paragraph
( 1 ) of subdivision (b) of Section 12316 of this code or Section 8 100
(18) The possession of any weapon, device, 01- ammunition, by
( 1 9) The sale of, giving of, lending of, importation into this
state of, or purchase of, any large-capacity magazine or S O BMG
cartridge to 01- by any federal, state, county, city and county, or city
or importation into this state of, a large capacity magazine or .50
authorized to cany a firearm in the course and scope of his or her
duties.
(2 1 ) The sale or purchase of any large-capacity magazine or S O
BMG cartridge to or by a person licensed pursuant to Section
12071.
or lawfully possessed S O BMG cartridge between two individuals
if all of the following conditions are met:
(A) The person being loaned the large-capacity magazine or
S O BMG cartridge is not prohibited by Section 1202 1, 12021.1,
- 11 - AB 50
or 12 101 of this code or Section 8 100 or 8 103 of the Welfare and
Institutions Code from possessing firearms or ammunition.
(B) The loan of the large-capacity magazine or .50 BMG
cartridge occurs at a place or location where the possession of the
large-capacity magazine or .50 BMG cartridge is not otherwise
prohibited and the person who lends the large-capacity magazine
or .50 BMG cartridge remains in the accessible vicinity of the
person to whom the large-capacity magazine or .50 BMG cartridge
is loaned.
(24) The importation of a .50 BMG cartridge by a person who
lawfully possessed the .50 BMG cartridge in the state prior to
January 1,2004, lawfully took it out of the state, and is returning
to the state with the .50 BMG cartridge previously lawfully
.50 BMG cartridge to a person licensed pursuant to Section 12071,
(26) The retum to its owner of any large-capacity magazine or
.50 BMG cartridge by a person specified in paragraph (25).
large-capacity magazine or .50 BMG cartridge by a person who
has been issued a permit to engage in those activities pursuant to
ternls and conditions of that permit.
laws of this state.
in the course and scope of their employment for purposes that
(30) The retuin of those large-capacity magazines to those
entities specified in paragraph (28) by those employees specified
in paragraph (29).
(3 1) (A) The manufacture of a large-capacity magazine or S O
(B) The manufacture of a large-capacity magazine or S O BMG
authorized to cany a firearm in the course and scope of his or her
duties.
(C) The manufacture of a large-capacity magazine or S O BMG
(32) The loan of a large-capacity magazine or S O BMG
(33) The purchase of a large-capacity magazine or S O BMG
cartridge by the holder of a special weapons permit issued pursuant
to Section 12095, 12230, 12250, 12286, or 12305, for any of the
following purposes:
video production.
regulations.
(34) Any person who
"
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n.-
7 lJ1

possess a .50 BMG rifle as defined in Section 12278.
(35) Tlze possession of a .50 BMG cartridge i f all o f the
following conditions are met:
(A) The person is notprohibited by Section 12021, 12021.1, or
12101 ofthis code, or by Section 8100 or 8103 oftlze Weljaw and
possessingjirearms or arnnttmition.
Institutions Cod(?*fi.om
(B) The person possessed the .50 BMG cartridge as of Jantlary
I , 2004.
(C) The pereson possesses the .50 BMG cartridge as a relic,
curio, niemorahilia, or displa~~ item.
(D) The person possesses the .50 BMG cartridge within his or
her place of residence, place of' business, or on private ptaoperty
owned or layfully possessed by that person.
(36) The possession of'a .50 BMG cartridge by a person who
has a permit to possess .50 BMG cavtvidge.~put-suant to Section
12079.
(c) ( 1 ) As used in this section, a "short-barreled shotgun"
(A) A fiream1 which is designed or redesigned to fire a fixed
in length.
of the same person.
of the following:
length.
of the same person.
(4) As used in this section, a "wallet gun" means any firearn1
(5) As used in this section, a "cane gun" means any fireann
the lireann may be fired while mounted or enclosed therein.
capable of being fired from a fireann, that measures
approxin~atelyfive-sixteenths of an inch of the body.
or instrument made wholly or partially of metal which is wom for
hand or fist, provide a shield to protect it, or consist of pro-jections
any common bow, compound bow, crossbow, or underwater spear
gun.
criteria:
enclosed firearm by external controls while the firearm is in the
container.
(C) It is not readily recognizable as containing a firearm.
(10) As used in this section, a "zip gun" means any weapon or
pursuant to Chapter 44 (commencing with Section 92 1) of Title 18
thereto.
and G (commencing with Section 4221) of Chapter 32 of Title 26
pursuant thereto.
explosion or other form of con~bustion.
(12) As used in this section, an "unconventional pistol" means
26 inches.
stiletto.
(16) As used in this section, a "shobi-me" means a staff,
action.
(17) As used in this section, a "leaded cane" means a staff,
with lead.
through a sn~oothbore either a number of projectiles (ball shot) or
(C) For purposes of this paragraph, the terms "firearm,"
"major component,'' and "Security Exemplar" have the same
constructed and designed so that when attached to a semiauton~atic
knife or other instrun~entwith or without a handguard that is
into position.
following:
firearm.
tip of the bullet.
(C) The case base diameter for the cartridge is from .SO0 inch
to, and including, -804 inch.
(E) It is a centerfire cartridge of S O caliber or S O BMG.
(27) As used in this section, " S O BMG rifle" has the same
of this section.
tern1 shall apply to any person who is a principal in the comnlission
almed with a firearm, whether or not the person is personally
Section 12276 or Section 12276.I , or a machinegun, as defined in
shall be three years whether or not the amling is an element of the
BMG rifle.
commission of a violation or attempted violation of Section 11351,
11351.5, 11352, 11366.5, 11366.6, 11378, 11378.5, 11379,
or three years.
1 1 70.1, the enhancements under this section shall count as one,
single enhancement.
read:
10 years, unless use of a firearni is an element of that offense.
in the comniission of a felony or attempted felony, shall be
punished by an additional and consecutive term of iinp~isonment
(c) Notwithstmding Section 1385 or any other provisions of
being an element of the offense, the additional tern1 provided by
firearni is used, or for murder if the killing is perpetrated by means
injury or death.
an assault weapon, a machinegun, or a .50 BMG rifle, in the
single enhancement.
12079. (a) Upon a showing that ~ o o dcause exists, the
Department of Justice may issue permts for the possession,
(b) Upon a showing that good catrse exists, the Department of'
Justice may issue pemits.for the possession of.50 BMG cal-fridges
to persons who M ~ S I to
Z possess tlzern as collectors.
(c) For purposes of this section, "large capacity magazine"
te)
(d) For purposes of this section, ".50 BMG cartridge," shall
Assault Weapons Control Act of 1989-

read:
sports or recreational firearnl is substantially outweighed by the
intent of the L,egislature in enacting this chapter to place
registration and pern~it procedure for their lawful sale and
other legitimate sports or recreational activit~es.
beings, destruction or serious damage of vital public and pril~ate
cartridge.
(b) As used in this chapter, a ".50 BMG cartridge" has the same
12020.
firearm manufactured prior to January 1, 1899.
year.
($500). if the person was found in possession of no more than two
assault weapons in compliance with subdivision (c) of Section
12285 and the person meets all of the following conditions:
(2) The person is not found in possession of a firearnl specified
12276.5.
this section.
Section 12285.
other crime.
a S O BMG rifle by the Department of Justice, police departments,
transfer, or sale of an assault weapon or a S O BMG rifle to, or the
of an agency specified in subdivision (0,provided that the peace
the assault weapon or the S O BMG rifle. Required authorization
officer who possesses or receives a S O BMG rifle on or before
January 1,2004, the officer shall register the S O BMG rifle on or
before July 1,2004. In the case of a peace officer who possesses
or receives a S O BMG rifle after January 1,2004, the officer shall
register the S O BMG rifle not later than 180 days after possession
(3) Nothing in t h s section shall be construed to limit or prohibit
assault weapon or .50 BMG rifle.
(h) Subdivisions (a) and (b) shall not prohibit the sale or
that entity.
6) Subdivision (b) shall not apply to the possession of an
the 1990 calendar year, during the 90-day period inmediately after
( I ) The person is eligible under this chapter to register the
( I ) Exempt entities listed in subdivision (f).
to Section 12286.
fiream~sdealer's license solely for the purpose of distribution to
(ni) Subdivision (b) shall not apply to a person who is the
weapon or .50 BMG rifle is possessed at a place set forth in
assault weapon or S O BMG rifle pursuant to this chapter, or who
lawfully possesses an assault weapon pursuant to subdivision (i),
who lends that assault weapon or S O BMG rifle to another if all
the following apply:
Institutions Code.
the presence of the registered possessor of the assault weapon or
S O BMG rifle, or the person who lawfully possesses an assault
weapon pursuant to subdivision (i).
(C) The assault weapon or S O BMG rifle is possessed at any of
(2) The return of an assault weapon or .50 BMG rifle to the
assault weapon by a person to whom an assault weapon or .50
BMG rifle is lent pursuant to subdivision (n).
BMG rifle.
(A) A target range that holds a regulatory or business license
for the purpose of practicing shooting at that target range.
of persons prohibited from possessing fireamls by virtue of
persons:
( I ) A person acting in accordance with Section 12286.
following persons:
( 1) A person acting in accordance with Section 12285.
12290.
this state of an assault weapon or a S O BMG rifle by the registered
12285.
(2) Subdivision (a) shall not apply during the first 180 days of
in this state on December 3 1, 2003.
(u) Subdivision (b) shall not apply to the possession of a S O
pursuant to this chapter, by any person during the first 180 days of
the 2004 calendar year 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
Januaiy 1, 2004.
u7eaponis the earliest of the following:
specified firearm.
SEC. 1 1. Section 12285 of the Penal Code is amended to read:
1 2285. (a) ( 1) Any person who lawfully possesses an assault
register the firearm by Januaiy 1, 1991, and any person who
person who lawfully possesses any S O BMG rifle prior to January
Section 12276.1, shall register the S O BMG rifle with the
department within 180 days pursuant to those procedures that the
After the department establishes fees sufficient to reimburse the
after Janua~y1, 1990, to anyone within this state other than to a
obtain a permit fi-om the Department of Justice in the same manner
a .50 BMG rifle registered under this section or that was possessed
pursuant to subdivision (g) of Section 12280 by 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.
possession of a 5 0 BMG rifle, shall do one of the following:
(A) Prior to bringing the S O BMG rifle into this state, that
(B) The person shall cause the S O BMG rifle to be delivered to
dealer shall redeliver that S O BMG rifle to the person. If the
is prohibited from delivering the S O caliber BMG rifle to a person
pursuant to this paragraph, the dealer shall dispose of the .50 BMG
a S O BMG rifle under this section may possess it only under any
(I) At that person's residence, place of business, or other
(3) While on a target range that holds a regulato~yor business
fosters proficiency in, or pron~oteseducation about, firearms.
weapon or a S O BMG rifle.
option of joint registration for assault weapons or .50 BMG rifles
(2) Any person who legally registered a firearm as an assault
1, 2004, where the assault weapon is thereafter defined as a S O
the 90-day forgiveness period described in subdivision (0,and any
January 1, 1990, shall first obtain a pemlit from the Department
(b) Any person who lawfully acquired a S O BMG rifle before
Chapter 2.
L
good cause, issue pennits for the manufacture of assault weapons
.
or .50 BMG rifles to federally licensed nlanufacturers of fireamls

(1) The agencies listed in subdivision (f)of Section 12280.
to Section 12286.
an assault weapon or a .50 BMG rifle to a police or sheriff's
read:
obtained a pernit to possess, an assault weapon or S O BMG rifle
(1 ) The individual has engaged, or may be engaged, in criminal
conduct.
persons.
(c) This section does not limit the transmission of an assault
(c), who lawfully possesses an assault weapon or a S O BMG rifle
of the state if that person is pemlitted pursuant to the National
to a person who has been issued a permit pursuant to Section
legally registered or who has been issued a pennit to possess it
assault weapon or S O BMG rifle received pursuant to paragraph
persons:
to Section 6 of Article XIII B of the California Constitution
AMENDED IN SENATE JULY 2,2004

(Coauthors: Assembly Members Chu, Goldberg, Hancock, Kehoe,
Levine, Lieber, Mullin, Ridley-Thomas, Vargas,
and Yee)
December 2,2002
An act to amend Sections 245, 12011, 12022, 12022.5,

12275, 12275.5,12280, 12285,12286, 12287, 12288, 12288.5,
12289, and 12290 of. and to add Section 12278 to, the Penal Code,
relating to fiream~s.

with a S O BMG rifle. as defined.
specified.
This bill would include tracking the possession and ownership of .SO

This bill would define " S O BMG rifle" and " S O BMG cartridge"
issuance of pennits in connection with .SO BMG rifles. This bill would
reimbursement.
The people o f the State o f Calcforrzia do enact as follows:
SECTION 1 . Section 245 of the Penal Code is amended to

read:
245. (a) ( I ) Any person who commits an assault upon the
a firearn1 or by any means of force likely to produce great bodily
peace officer or firefighter with a sen~iautomaticfirearn1 and who
ownership of a firearnl on or after January 1, 1991, or an assault
prohibited fi-om acquiring, owning, or possessing firearms, the
(a) or (b), the subject has an entry in the Automated Firearn~s
System indicating possession or ownership of a firearnl on or after
the Prohibited Amled Persons File:
(1 ) The subject's name.
(4) Any other identifying infomlation regarding the subject
subject, as reflected by the Automated Firearnls System.
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-SEC. 3. Section 12022 of the Penal Code is amended to read:

term shall apply to any person who is a principal in the con~mission
arn~edwith a firearm, whether or not the person is personally
subdivision (d), ~fthe firearm is an assault weapon, as defined in
BMG rifle.
(b) (1 ) Any person who personally uses a deadly or dangerous
11351.5, 11352. 11366.5, 11366.6, 11378, 11378.5, 11379,
knowing that another principal is personally armed with a fire am^,
is a principal in the coinmission of an offense or attempted offense
or three years.
single enhancement.
(f) Notwithstanding any other provision of lamr, the court may
SEC. 4. Section 12022.5 o f the Penal Code is amended to
reud:
person who personally uses a fireann in the commission of a
consecutive term of in~prisonmentin the state prison for 3 , 4 , or
or Section 12276.1, or a machinegun, as defined in Section 12200.
in the coinmission of a felony or attempted felony, shall be
punished by an additional and consecutive term of iinprisonment
(c) Notwithstanding Section 1385 or any other-
provisions of law, the court shall not strike an allegation under this
section or a finding bringing a person within the provisions of this
section.
fireann is used, or for murder if the killing is perpetrated by means
of shooting a fireann from a motor vehicle, intentionally at
another person outside of the vehicle with the intent to inflict great
bodily injury or death.
(e) When a person is found to have personally used a fireann,
an assault weapon,* a machinegun, or a .50 BMG rijle, in the
section and the firearm, assault weapon,* machinegun, or a .50
fiream; be deemed a nuisance and disposed of in the manner
single enhancement.
Assault Weapons Control Act of 1989 and the .50 Caliber.BMG
Regulation Act qf2004.
sEG%
read:
proliferation and use of S O BMG rifles, as defined in Section
sl3xk
a center fire rifle designed or redesigned to fire a S O BMG
cartridge.
(b) As used in this chapter, a "SO BMG cartridge" h - t b s m w
WXXk means a cartridge that i s designed and intended to he jired

.fi.orn a centeqpe I-~jle and that meets all o f thefollorving criteria:
( I ) It has an overall length of 5.54 inches-from the base to the
tip o f the bullet.
(2) The bullet diameter for the castridge is.fi.orn .510 to, and
inclziding, .51/ inch.
(3) The case base diameter for the cartridge is.fvom .800 inch
to, and including, .804 inch.
(4) The cartridge case length is 3.91 inches.
(c) A " S O BMG rifle" does not include any "antique fir earn^,"
(d) As used in this section, "antique fireann" means any
firearm manufactured prior to January 1 , 1899.
. .
422%. ( ( I pbrsc- wke, st*
. .
(2: h
S Z C . 12.
SEC. 8. Section 12280 o f the Penal Code is amended to read:
.50 BMG rifle, except as pro\rided by this chapter, is guilty of a
felony, and upon conviction shall be punished by inlprisonnlent in
(2) In addition and consecutive to the punishn~entimposed
gives any assault weapon or an!; .SO BMG ripe to a minor in
year.
weapon or any .50 BMG rifle, except as provided in this chapter,
since either registered tlze.firearnz and any other lawfklly obtained
firearnl specified by Section 12276 or 12276.5 pursuant to Section
In these cases, the .firearm shall be rettlrned tinless the cour-t.firzds
in the interest of'public safety, after notice and hearing, that the
assault weapon-+& should be destroyed pursuant to Section
12028.
.fifeafffts assatilt weapons or .50 BMG rifles 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
pursuant to Section 12276.1, or pi*ot7esthe he or she Ia~lfullj~
possessed tlze .50 BMG rifleprior to Jurzuury 1, 2005.
12276.5 or a .50 BA4G rzfle.
this section.
weapons withi11 one year following the end of the one-year
Section 12285 or tlze person ttlasfound to be in possession of tlze
.50 BMG rifle prior to January 1, 2005.
(5) The personrekt-.-t--h+t.-"i---- has since registered
/lze.firearms and any other Iatt$ilIv obtained.fir.earm defined by
Section 12-376.1,pursuanl to Section 12285, except as provided for
bj) this section, or relinquished them pursuant to Section 1 2288.
(d) Fireurnls seized yur-want to subdivision (c) shall be
returned unless the court-findsin the interest ofpublic safe$ after
notice and hear-ing, that the assatrlt weapon should be desti.oyed
pulflsuant to Section 12028.
other crime.
fe
(0 Subdivisions (a) and (b) shall not apply to the sale to,
purchase by, importation ofj or possession of assault weapons or
tft
of assault weapons or a .50 BMG rifle by sworn peace officer
members of those agencies specified in subdivision fef (0 for law
transfer, or sale of an assault weapon or a .50 BMG rjfle to, or the
possession of an assault weapon or a .50 BMG 1-jfleby, a sworn
peace officer member of an agency specified in subdivision ( e j (f),
provided that the peace officer is authorized by Ilis or her en~ployer
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 011or before April 1, 2002; 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 qf a peace officer who possesses or rixeives
a .50 BMG r?Je on or before Januury I , 2005, the oflicer shall
register the .50 BA4G rifle on or before Junuavl, 1, 2005. In the case
o f a peace qfficer who possesses or receives a S O BMG rifle ajter
Junlrar?; 1, ,7005, the officer shall register the .50 BMG rijle not
later than one year clfterpossessioiz or mceipt. The peace officer
must include with the registration, a copy of the authorization
required pursuant to this paragraph.
rifle to, or the possession of an assault weapon or a .50 BMG rifle
assault weapon or .50 BMG rzjle.
e
(/) Subdivision (b) shall not apply to the possession of an
tkf
(i) Subdivisions (a) and (b) shall not apply to the manufacture
assault weapons 01- .50 BMG nJes for sale to the following:
(I) Exempt entities listed in subdivisionfe) (0.
(2) Entities and persons who have been issued pernits pursuant
to Section 12286 Gr ? 2293.
ttf-
0) Subdivision (a) shall not apply to a person who is the
was possessed pursuant to subdivision-@-(gl which is disposed of
as authorized by the probate court, if the disposition is otherwise
bf
@) Subdivision (b) shall not apply to a person who is the
weapon or a .50 BMG rijle registered under Section 12285 or that
was possessed pursuant to subdivisionf4 (g), if the assault
weapon or .50 BMG rifle is possessed at a place set forth in
paragraph ( I ) of subdivision (c) of Section 12285 or as authorized
fkf
(I) Subdivision (a) shall not apply to:
( 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 rzfe
Institutions Code.
(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 I-iJe.
( C ) The assault weapon or .50 BMG I-zfleis possessed at any of
(2) The return of an assault weapon or .50 BMG rifle to the
registered possessor, or the lawful possessol; which is lent by the
to-
(I$ Subdivision (b) 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-&) (rz).
0-
(11)Subdivisions (a) and (b) shall not apply to the possession
and importation of an assault weapon or a .50 BMG riJ1e into this
BMG rifle.
ttS
(A) A target range that holds a regulatory or business license for
w
(4) The assault weapon or .50 BMG rzjle is transported in
( 5 ) The person is 18 years of age or over and is not in a class
tHf
(0) Subdivision (b) shall not apply to any of the following
persons:
(2) A person who has a permit to possess an assault weapon ov
a .50 BA4G rifle issued pursuant to Section 12286 when he or she
0-
(yl Subdivisions (a) and (b) shall not apply to any of the
following persons:
(1 ) A person acting in accordance with Section 12285.
12290.
m-
(q) Subdivision (b) shall not apply to the registered owner of an
tft)
(r) 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 rzjle, if it is in
12285.
(s) Subdisision (a) shall not upp[v during thefirst 180 days of
the 2005 calendar year to the iniportation into this stute o f a .50
BMG rifle bjj aperson who laufullj~possessed that .50 BMG r-lfle
in this state yrior- to December 31, 2004.
(t) Subdivision (b) shall not apply to h-et
ay+possession of a .50 BMG rzJle that is ~zotdefined or speciJied

as an assault ~.eaporzptmziarzt to this chaytei; bv any person
during the 3005 calendar year i f all of the following are
applicable: .. . . . .
(1; E x X
..
(4) L b L
. ..
(5: ;
( I The person is eligible under this chapter to register that .50
BMG rzfle.
(2) The person lawjiilly possessed the .50 BMG rifle prior to
January 1, 2005.
(3) The person is otherwise in compliance with this chapter:
(u) As used in this chapter, the date a firearm is an assault
(1 ) The effective date of an amendment to Section 12276 that
specified firearm.
SEC. 9. Section 12285 ofthe Penal Code is amended to read:
12285. (a) ( I ) Any person who lawfully possesses an assault
approved annual cost-of-living adjustment for the departn~ent's
(27) Except us provided in subdivision (a) of'section 12280, any
person who 1aufiil~~po.sse.sse.sanj).50 BMG rife prior to January
12276 or 12276.5 or defined as an assault ~ ~ e a p pursrturzt
or~ to
Section 12276.1. shall register the .50 BMG rifle uith the
department no later than December 31, 2005, puvsuant to those
procedures that the department ma,v establish. The registration
shall contain a description of thejirearm that identifies it uniquely,
including all identijication nzarh, the.firll name, address, date o f
birth, and thumbprint o f the owner; and any other information that
the department may deem appropriate. The department may
charge a-fee.for registration of up to twenty-jive dollars ($25) per
person but not to exceed the actual processing costs of the
department. AJier the department establishes jees suflicient to
reimburse the department.for processing costs,fees chai-ged slzall
increase at u rate not to exceed the legislatively approved annual
cost-ofliving adjustment for the department k budget or us
othenvise increased through the Budget Act.
(b) (1) Except as provided in paragraph (21, no assault weapon
after Janualy 1, 1990, to anyone within this state other than to a
possessed pursuant to subdivision-@ (g) of Section 12280 by
as specified in .4rticle 3 (commencing with Section 12230) of
regulations issued pursuant thereto. If the person obtains a pennit
(3) Except as praovided in paragr-aph (4), no .50 BMG rzfle
possessed pursuant to this section 1nay be sold or transfer-red on or
ufter. J a n z c a ~1, 2005, to anyone u'ithin this state other than to a
licensed gun dealer; as defined in subdivision (c) of Sectiorz 12290,
or as provided in Sectiorz 12288. Any pel-son who obtains title to
a .50 BMG rifle registered under this section or that was possessed
pulauant to subdivision (g) of Section I2280 bj) bequest or
intestate succession shall, within 180 days of receipt, render the
weapon pernzunently inoperable, sell the weapon to a licensed gun
dealel; obtain a yermit.fi.ont the Department qfJustice in the same
nzunner as specified in Article 3 (commencing with Sectiorz 12230)
q f Clzupter 2, or remove the weaporzfr.om this state.
(4) A person moving into this stare, othemise in laufkl
possession q f a .50 BMG rifle, slzall do one of the.following:
(A) Psior to bringing the .50 BA4G @e'into this state, that
person shal/.first obtain a permit front the Departmerzt qf Justice
in the same manner as specified in Article 3 (cornnzencing with
a licensed gtln d e a l e ~as dqfined in subdivision (c) of Section
I2290 in this stute in accordance with Chapter 44 (commencing
with Section Y2l) qf Etle I8 o f the United States Code and the
regzdations issued pur-suant thereto. If the per-son obtuins u pel-mit
Article 3 (conzrnencing with Section 12230) q f Chapter 2, the
dealer shall reddiver that .50 BMG rijle to the person. r f the
licensed gun dealer; as defined in subdivision (c) qf'Section 12290
is pr-ohibited.flom delive~tel-ingthe .50 caliber. BMG r$e to a person
pursuant to this paragraph, the dealer shall dispose of the .50
BMG rifle as u l l o ~ v dby this chapter:
fosters proficiency in, or promotes education about, firearnls.
a firearm described in Section 12276 et., 12276.1, or 12278 is
(7) While transporting the assault weapon or .SO BMG rzfle
weapon or. .SO BMG rifle.
option of joint registration for assault weapons or .50 BMG r(j7es
(2) Any person who legally registered a.fireann as an assault
weapon pursuant to the provisions oflaw in eflectprior to January
1, 2005, where the assault weapon is thereaper dejked as a .50
caliber BMG riflepursuant to Section 12278, shall be deemed to
have registered the weapon for purposes o f this chapter and shall
not be ~*equired to reregister the weapon pursuant to this section.
the 90-day forgiveness period described in subdivision (f), and any
of Justice after January 1, 199 1, and who was issued a temporary
Januaiy 1, 1990, shall first obtain a permit from the Department
January 1 , 2 8 8 4 2005, and wishes to use it in a manner different
than specified in subdivision (c) of Section 12285, or any person
who wishes to acquire a .50 BMG rifle after January 1 , 2 W l 2005,
shall first obtain a permit from the Department of Justice in the
42287. (a) )
..
15: L L
(5; T b T
SEr, . ! ? .
good cause, issue permits for the manufacture of assault
weapons or- .50 BMG rifles to federally licensed manufacturns o f
jireurms for the sale to, purchase by, or possession of assault
weapons or .50 BMG +'es by, any of the following:
(1) The agencies listed in subdivision
. . .
(f)of Section 12280.
o-t Section 12286.
an entity listed in paragraphs (4) to (6)' inclusive.
SEC, 12. Section 12288 of the Penal Code is amended to read:
an assault weapon or a S O BMG rifle to a police or sheriff's
department. The assault weapon or S O BMG rifle shall be
r . 1 2.
read:
obtained a permit to possess, an assault weapon or S O BMG rifle
conduct.
persons.
weapon or a S O BMG rifle ownership status via law enforcement
SEG-Mk
state during the forgiveness period. For .50 BMG rifles, the
dealers of .50 BMG rifles, and to recognized national associations
. ..
f W X
SEC. ? 8.
SEC. 15. Section l Z B O ofthe Penal Code is amended to read:
(c), who lawfully possesses an assault weapon or .50 BMG rifle
Section 12285, may transport t h e w f i r e a r r n between dealers
or out of the state if that person is permitted ptu-stiant to the
National Fireunns 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
assault weapon or- .50 BMG rzjle received pursuant to paragraph
( I ), to a gunsmith for purposes of accomplishing service or repair
persons:
gunsmith receiving the assault weapon& or .50 BMG rifle shall
hold all of the following:
means a person who is licensed pursuant to Section 1 2 0 7 1 d
w.
on~issionpunishable under different ways by these amended
L .
CP 1 0
1 1 .

AMENDED IN SENATE JULY 2 1,2004
CALIFORNIA LEGISLATURI- 2003 03 REGULAR SESSION
lntroduced by Assembly Member Koretz

Kehoe, Levine, Lieber, Mullin, Ridley-Thomas, Vargas, and Yee)
December 2,2002
An act to amend Sections 245, 12011, 12022, 12022.5, 12275,

12275.5, 12280, 12285, 12286, 12287, 12288, 12288.5, 12289, and
12290 of, and to add* 12278 Sections 12278 and 12285.1 to, the
Penal Code, relating to firearms.
LEGISLATIVE COUNSELS DIGEST

Existing law makes it an offense for any person to conmit an assault
specified.
This bill would define ".50 BMG rifle" and ".50 BMG cartridge"
This bill would extend those provisions to include a -50 BMG rifle.
issuance of pern~itsin connection with .50 BMG rifles. This bill would
Existing law forbids the broadcast over police radio of infornlation
reimbursement.
The people of the State of Califorwh do enact as.foIlou:~:

read:
a fireann or by any means of force likely to produce great bodily
assault weapon, as defined in Section 12276 or 12276.1, or a .SO
inlprisonn~entin the state prison for three, six, or nine years.
or instrunlent, other than a fireann, or by any means likely to
in the perfomlance of his or her duties, shall be punished by
inlprisonn~entin the state prison for three, four, or five years.
the peace officer or firefighter is engaged in the perfomlance of his
peace officer or firefighter with a semiautomatic firearm and who
peace officer or firefighter engaged in the perfomlance of his or
( f ) As used in this section, "peace officer" refers to any person
12011. The Prohibited Armed Persons File database shall
(a) Upon entiy into the Automated Criminal History System of
conviction for an offense described in Section 12021.1, a fireamx
in the Consolidated Firearnzs II$)I-mation
rifle registration.
Consolidated Firearms Information System
indicating ownership or possession of a firearm on or after January
1, 1991, or an assault weapon registration, or a .50 BMG rifle
registration.
(a) or (b), the subject has an entry in the
Consolidated Firearms Information System indicating possession
or ownership of a firearm on or after January 1, 1991, or an assault
weapon registration, or a .50 BMG rifle registration, the following
information shall be entered into the Prohibited Armed Persons
File:
(1 ) The subject's name.
(4) Any other identifying infornlation regarding the subject
subject, as reflected by the Consolidated
Firearms hformatiorz System.
12022. (a) ( I ) Except as provided in subdivisions (c) and
tern1 shall apply to any person who is a principal in the commission
Section 12200, or a S O BMG rifle, as defined in Section 12278,
shall be three years whether or not the arnling is an element of the
BMG rifle.
(2) If the person described in paragraph (I) has been convicted
(a), any person who is personally armed with a fiream1 in the
11351.5, 11352: 11366.5, 11366.6, 11378, 11378.5, 11379,
(a), any person who is not personally anned with a firearm who,
is a principal in the comtnission of an offense or attempted offense
consecutive term of imprisonment in the state piison for one, two,
or three years.
single enhancement.
read:
in the state prison for 5 , 6 , or 10 years.
of shooting a fireann from a motor vehicle, intentionally at another
injury or death.
section and the firearm, assault weapon, machinegun, or a S O
fireann be deemed a nuisance and disposed of in the manner
(0 For purposes of imposing an enhancement under Section
single enhancement.
Assault Weapons Control Act of 1989 and the .SO Caliber BMG
Regulation Act of 2004.
read:
of fire and capacity for firepower that its fimction as a legitimate
proliferation and use of S O BMG rifles, as defined in Section
and transn~issionfacilities, petrochemical production and storage
a center fire rifle .$--...---'that can fire a .SO BMG
cartridge and is not alveady an assault weapon pursuant to Section
12276, 12276.1, or 12276.5.
(b) As used in this chapter, a " S O BMG cartridge" means a
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
(3) The case base diameter for the cartridge is from .800 inch
(c) A " S O BMG rifle" does not include any "antique fire am^,"
firearm manufactured prior to January 1, 1 899.
year. . . .
tb: E x C ^ " t b
:t ~~1 e- -7v. ~f - . ..
52
w
(b) Any peresolz utho, within this state, possesses any assazclt
weapon, except as provided in this chapte?; is punishable by
inp-isorznzentin a cotinty jailfor a period not exceeding one year;
or by imprisonrntwt in the state prison. Howeveq a .first violation
of these provisions is ptlnishahle by a jine not e-xceeding .five
hundred dollars ($500), if the per-son uus~foundin possession of
no more than two.fireai-ms in compliance with subdivision (c) of
Section 12285 and the pelson meets all of the .following
conditions:
(I) The person proves that he or she larifully possessed the
assault weapon prior to the date it wJasdefined an assault weapon
pursuant to Section 12276, 12276. I, or 12276.5.
(2) The person has not pwviously been convicted of a violation
ofthis section.
(3) The person MUS found to be in possession of the assault
weapon within one year following the end o f the one-year
Section 12285.
(4) The person I-elirzqtiished the firear-m puipsuarzt to Section
12288, in ~vlzichcase the assault weapon shall be clestroj~ed
(c) Any person who, within this state, possesses any .50 BMG
rifle, except as provided in this chapter; is punishable by a-fine of
one thousand dollars ($1,000), iivprisonment in a county jail-for
a period not to e.xceed one yeac or by both that .fine and
iniprisonment. However; a first violation of these provisiorzs is
punishable by a-finenot exceeding3ve hundred dollars ($500), i f
the per-son was*foundin possession of no mom than two firear-rzzs
in conzpliance tt'ith subdivision (a) of Section 12285 and the
penon meets the conditions set forth in paragraphs ( I ) , (2), and
(3):
( I ) The person proves that he or she laulfully possessed the .50
BMG rifle prior to January 1, 2005.
(2,) The peieson has not previously been convicted of a violation
o f this section.
(3) The person ~.i~as.fouizd to be in possession of the .50 BMG
rifle within one year jollowing the end of the .50 BMG rifle
registration period established pzr~*stiantto subdivision (a) of
Section 12285.
(4) Fir*earnisseized pursuant to this subdivision <fi-orn persons
who meet all of the conditions set-forth in paragraphs (I), (2), and
(3) shall be returned unless the cour-t-findsin the interest ofpublic
sajety, after notice and hearing, that the .50 BMG rifle should be
destroyed pursuant to Section 12028. Firearnzs seized ,fiom
persons who do not meet the conditions set,forth in paragraphs (I),
(2), and (3) shall be destroyedpursuanf fo Section 12028.
(dj Notwithstanding Section 654 or any other provision of law,
other crime.
t4
(ej Subdivisions (a) a&-@+, (h), and (c) shall not apply to the
sale to, purchase by, importation of, or possession of assault
weapons or a S O BMG rifle by the Department of Justice, police
departments, sheriffs' offices, marshals' offices, the Youth and
Adult Corrections Agency, 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
enforce~nentagency
. . .
for use in the discharge of their official duties.
tg: 3:
(0 ( I )
w
Subdivisions (bj and (cj 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
f4 (ej for law enforcement purposes, whether on or off duty.
(2) Subdivisions (a) ad++, (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 f4 +g, provided that the peace officer is authorized by
his or her employer to possess or recek~ethe assault weapon or the
S O 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
Section 12285 on or before April 1, 2002; in the case of a peace
Janualy 1, 2002, the officer shall register the assault weapon
or receipt. In the case of a peace officer who possesses or receives
a S O BMG rifle on or before January 1, 2005, the officer shall
register the S O BMG rifle on or before 3&maq 1, 2%6 April 30,
2006. In the case of a peace officer who possesses or receives a S O
BMG rifle after January 1, 2005, the officer shall register the S O
BMG rifle not iater than one year after possession or receipt. The
peace officer must include with the registration, a copy of the
authorization required pursuant to this paragraph.
tk)
(g) Subdivision (b) shall not apply to the possession of an
assault weapon- -!22 a
during the 90-day period iinnlediately after
17
275, r 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.I.
0
(12) Subdivisions (a) m&&, (b), and (c) shall not apply to the
manufacture by persons who are issued pernits pursuant to
Section 12287 of assault weapons or S O BMG rifles for sale to the
following:
( 1 ) Exempt entities listed in subdivision (#) (e).
to Section 12286 or 12287.
tt,
(i) Subdivision (a) shall not apply to a person who is the
weapon or a .50 BMG rifle registered
. . . under Section 12285 ei4w-t
1 which is disposed of as
authorized by the probate court, if the disposition is otherwise
0) 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 cw-tlmt
W ^ if the assault weapon
or .50 BMG rifle is possessed at a place set forth in paragraph (I)
of subdivision (c) of Section 12285 or as authorized by the probate
court.
f0
(k) Subdivision (a) shall not apply to:
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:
1202 1.1 of this code or Section 8 100 or 8 103 of the Welfare and
institutions Code.
(B) The person to whom the assault weapon or S O BMG rifle
(C) The assault weapon or .50 BMG rifle is possessed at any of
(2) The return of an assault weapon or .SO BMG rifle to the
(I) Subdivisions (b) and (c) shall not apply to the possession of
an assault weapon or S O BMG rifle by a person to whom an assault
weapon or .50 BMG rifle is lent pursuant to subdivision f ~ (k).
)
ff.)
(n7) Subdivisions (a) tmd+j, (b), and (c) shall not apply to the
possession and importation of an assault weapon or a .SO BMG
rifle into this state by a nonresident if all of the following
conditions are met:
( I ) The person is attending or going directly to or coming
con~petitionthat involves the use of an assault weapon or a .50
BMG rifle.
(2) The con~petitionor match is conducted on the pren~isesof
( 5 ) The person is 18 years of age or over and is not in a class
(n) Subdivisions, (b) and (c) shall not apply to any of the
following persons:
1228 7.
a S O BMG rifle issued pursuant to Section 12286 or 12287 when
he or she is acting in accordance with Section 12285-e, 12286,
01- 12287.
@?
(0) Subdivisions (a) awkfbj, (b), and (c) shall not apply to any
of the following persons:
(2) A person acting in accordance with Section 12286, 12287,
or 12290. . . .
(ci; v
(yl Subdivisioizs (b) and (c) shall not apply to the registered
owner of an assault weapon or a S O BMG rifle possessing that
fireann in accordance with subdivision (c) of Section 12285.
3
'3
(q) Subdivision (a) shall not apply to the importation into this
state of an assault weapon or a S O BMG rifle by the registered
12285.
ts,
(I") Subdivision (a) shall not apply during the first 180 days of
in this state prior to December 3 1, 2004.
fe
(s) Subdivision fbj (c) shall not apply to the possession of a -50
pursuant to this chapter, by any person during the 2005 calendar
year if all of the following are applicable:
(1 ) The person is eligible under this chapter to register that S O
BMG rifle.
(2) The person lawfully possessed the -50 BMG rifle prior to
January 1, 2005.
(3) The person is otherwise in con~pliancewith this chapter.
w
(t) As used in this chapter, the date a firearm is an assault
( I ) The effective date of an amendment to Section 12276 that
specified firearm.
12285. (a) +Any person who lawfully possesses an assault
register the firearm by January 1, 1 99 1, and any person who
register the fiream1 within 90 days with the Department of Justice
G9
(h) Except as provided in subdivision (a) of Section 12280, any
person who lawfiilly possesses any .50 BMG rifle prior to January
department no later than l%wmkkH, 2095 Ap-il 30, 2006,
The registration shall contain a description of the firearnl 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-five
costs of the 0
13?7L C
1i-I u-J. ,- U l
1737L; C
. .
1% P i - i
S K . 10. departmerzl. The fees slzall be deposited into the
Dealers' Record ofsale Special Account.
SEC. 10. Section 117285.1 is added fo the Penal Code, to leead:
12285.1. (a) Data processing costs associated with
modifiing the department5 data system to accommodate .50
caliber BMG rzjles shall not be paid-fi-om the Dealers Record o f
Sale Special Account.
(b) (I) Except as provided in paragraph (2), no assault
weapon possessed ymrsuant to this section ma,v be sold or
transfirred on or afiel-Janua~yI , 1990, to anyone within this state
other than to a lic&sed gun clealet; as defined in subdivision (c)
oj Section 12290, or as provided in Section 12,988. Any person who
(A) obtains title to an assazllt weapon registered under this section
by bequest or infestate succession, or (3)la~lfitllj) possessed a
firearm subsequently declared to be an assault weapon pursuant
to Section 122 76.5, or subsequently dejined as an assault weapon
pursuant to Section 122 76.1, shall, within 90 days, render the
weapon pen~zanentlyinoperable, sell the weapon to a licensed gun
dealer; obtain a per-mit.fron7 the Departittent ofJustice in tlze same
manner as spectjkd in Article 3 (cornnzencing with Section 12230)
of Chapter 2, or remove the weapo?z.fuomthis state. A person who
laufi~li$possessed a.firearm that was subsequentZv declared to be
an assault weapon pursuant to Section 12276.5 may alterizati~~ely
register the .firearin within 90 daqs of' the declaration issued
pursuartt to subdivision (0 of Section 122 76.5.
(2) A person moving into this state, otherwise in la~iful
possession of an assuult weapon, shall do one o f the following:
(A) Prior to bringing tlze assault weapon into this state, lhat
person shall first obtain a pernzit >om the Department of Justice
Section 1,3230) of Chapter 2.
to a licensed gzrn dealer; as defined in subdivision (c) o f Section
12290, in this stute in accordance 143ith Chapter 44 (cornnzencing
regulations isszredpzrrsuant thereto. If the person obtains a pennit
fiont the Department of Justice in the same manner as specijied in
dealer shall redeliver that assazllt weapon to the person. If the
licensed gun dealel; as defined in subdivision (c) o f Section 12290,
is prohibited $-om delivering the assault weapon to a person
the assault uJeaponas allowed by this chaptei:
possessedpzrrsuant to this section may be sold or transferred on or
after Januaiy 1, 2005, to anyone within this state other than to a
licensedgun dealer; as deJined in subdivision (c) of Section 12290,
a .50 BMG rifle registered zmder this section by bequest or
intestate succession shall, within 180 days o f receipt, render the
uJeaponpernzunently inoperable, sell tlze weapon to a licensed gun
dealer;. obtain a permit.fj-om the Department ofJustice in the same
manner- as specified in Article 3 (comnzencing with Section 12230)
oJ'Clzapter 2, or remove the ~vapoiz~fT0m this state.
(4) A person inoving into this state, otherwise in layful
possession ? f a .50 BMG rifle, shall do one of the following:
person shal1,first obtain a pernzit.fuorn the Department of Justice
in tlze same manner as specified in Article 3 (commencing with
Section 12230) of' Chapter 2.
a licensed gun d e a l e ~as defined in subdivision (c) of Section
12290 in this sfate in accordance with Chapter 44 (conznzencing
with Section 921) of ntle 18 of the United States Code and tlze
from the Department of Justice in the same manner as specijied in
Article 3 (conzmencirzg with Section 12230) of Chapter 2, the
dealer shall redeliver that .50 BMG rifle to the person. If the
licensed gun dealec as defined in subdivision (c) of Section 12290
is prohibited.fronz deli13ering the .50 caliber BMG rzJe to a person
pursuant to tlzis paragraph, the dealer shall dispose o f the .50
BMG rzpe as allowed by this chapter
(c) A person who has registered an assault weapon or
registered a .5U BMG rifle under this section nzay possess it only
under any of the. follo~ingconditions unless a yernzit allowing
udditional uses isfirst obtained under Section 12286:
( I ) At that person 's residence, place of business, or other
with the ottxer's express permission.
(2) IVhile on the premises of a target range of a public or private
club or oi-ganization organized .for the purpose of practicing
shooting ut taigets.
(3) Wlzile on (z target range that holds a regulatory or business
license for the purpose ofpracticing shooting at that tapget range.
(4) While on theyremises of a shooting club which is licensed
pursuanf to tlze Fish and Game Code.
(5) While attending any exhibition, displa)! or educational
project which is about firearms and which is sponsored b j
conducted under the auspices of; or upproved by a law
.fostersprqficierzcy in, or promotes education about, .firearm.
6 While on publicly owned land if the possession and use of
a.fimurrrz described in Section 122 76, 122 76.1, 122 76.5, or 122 78
is spec~fical~v permitted by the nzanaging agency oftlze land.
(7) While transporting the assault weapon or .50 BMG rijle
between any oj'theplaces mentioned in this subdivision, or to any
licensed gun dealeq as dejined in subdivision (c) ofsection 12290,
for servicing or repair pursuant to subdivision (h) of Section
12290, if tlze assault weapon or .50 BMG rifle is transported as
rrquired by Section 12026.1.
(d) No person who is under the age of18 years, no person who
is prohibited jhnz possessing a jireamz by Section 12021 or
12021.1, and no person described in Section 8100 or 8103 of the
weapon or .50 BMG rzfle.
(e) The department 's registration procedures shall provide the
option ofjoint registration.for assault weapons or .50 BMG rijles
owned by,fimily members residing in the same Izozisehold.
(fl For YO daysfollowing Janua~yI, 1992, a.forgivenessperiod
shall exist to allcnupel-sons specified in subdivision (h) of Section
12280 to register with tlze Department of'Jzistice assault weapons
that they l a ~ ~ f u lpossessed
ly prior to June 1, 1989.
(g) (I) Any person who registemd a firearm as an assault
weapon pursuun f to the provisions o f law in efect prior to January
1, 3000, where the assault weapon is thereuper defined as an
have registered the weapon.forpurposes o f this chapter and shall
not be required to reregister the weapon p ursuant lo this section.
(2) Anv person who legally registered a firearm us an assault
weapon pursuant to tlze provisions o f law in <feetprior to January
1, 2005, where the assault weapon is thereafter dtlfined as a .50
caliber BMG rifle p ur-suant to Section 122 78, slzall be deemed to
have registersj the weapon for purposes of this chapter and shall
not be required to reregister the uvapon pursuant to this section.
Any person who registers his or her assault weaporz during
the 90-dayforgiveness period described in subdivision fl,and any
person u~hoseregistrationform was received by the Department of
Justice afrer January 1, 1991, and who was issued a tempormy
registration prior to the end of theforgiveness period, shall not be
charged with a violation of subdivision (b) qf Section 12280, if law
enforcement becomes awaw of that violation only as a result of the
registration qf the assault weapon. This subdivision shall h&e no
4fkct upon persons charged with a violation ofsubdivision (6) of
provided that law enforceinent was aware of the violation bejore
12286. &Any person who lawfully acquired an assault
weapon before June 1, 1989, or a .5O BMG rifle bejore January
1, 2005, and wishes to use it in a manner different than specified
in subdivision (c) of Section 12285, p who lawfully
acquired an assault weapon between June 1,1989, and January 1,
1990, and wishes to keep it afier January 1, 1990, or
who wishes to acquire an assault weapon after January 1, 1990, or
a .50 BMG rzjle afier January 1, 2005, shall first obtain a permit
Article 3 (commencing with Section 12230) of Chapter 2.
(2) E
..
E t ?2 -
SEC. 12. Sectioiz 12287 of the Penal Code is anzeizded to read:
good cause, issue permits for the manufacture or sale of assault
weapons or .50 BMG vijles for the sale to, purchase by, or
possession of assault weapons or .50 BMG riJles by, any of the
following:
(1) The agencies listed in subdivision (e), and the officers
described in subdivision ( f ) of Section 12280.
to this section or Section 12286.
. .
C E P 13

an assault weapon or a -50 BMG rifle to a police or sheriff's
. .
CP 1 2

read:
obtained a permit to possess, an assault weapon or .50 BMG rifle
conduct.
persons.
weapon or S O BMG rifle pursuant to this chapter.
-sl344
utilization of public service announcenlents in a variety of media
departnlent shall be funded from the Dealers' Record of Sale
SZ' . ! C .
SEC. I 6 Section 12290 of the Penal Code is amended to read:
(c), who lawfully possesses an assault weapon or S O BMG rifle
Fireamls Act, display it at any gun show licensed by a state or local
to a person who has been issued a permit pursuant to Section
(b) (1) Any licensed gun dealer, as defined in subdivision ( c ) ,
(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 (I), to a gunsmith for purposes of
accomplishing service or repair of the same. Transfers are
permissible only to the following persons:
means a person who is licensed pursuant to Section 12071 and who
has a permit to possess assault weapons or .SO BMG rzjles

,
1
L
7
V
n w
~ Section 12280 of the Penal Code by this act
to supersede, restrict, or affect the application of any other law, and
rf- 1 7
LU. L I .

AMENDED IN SENATE JULY 2 1,2004
CALIFORNIA LEGISLATURE-2003-04 REGULAR SESSION
lntroduced by Assembly Member Koretz

Kehoe, Levine, Lieber, Mullin, Ridley-Thomas, Vargas, and Yee)
December 2,2002

12275.5, 12280, 12285, 12286, 12287, 12288, 12288.5, 12289, and
12290 of, and to add- 12279 d 122844 Section 12278 to, the
Penal Code, relating to fireans.
LLIGISLATIVE COUNSEUS DIGEST

upon the person of another with a inachinegun or an assault weapon.
Existing la^^ also makes it an offense for any person to commit an
specified.
This bill would define " S O BMG rifle" and ".50 BMG cartridge"
pennits in connection with assault weapons.
issuance of permits in connection with S O BMG rifles. This bill would
reimbursement.
State-inandated local program: yes.
The people ofthe State o f California do enact as.follou~s:

read:
year, or by a fine not exceeding ten thousand dollars ($1 0,000), or
(2) Any person who cominits an assault upon the person of
another with a firearrn shall be punished by imprisonment in the
not exceeding ten thousand dollars ($1 0,000) and imprisonment.
(3) Any person who coinrnits an assault upon the person of
another with a inachinegun, as defined in Section 12200, or an
(b) Any person who cominits an assault upon the person of
or instrument. other than a firearrn, or by any means likely to
(d) ( 1 ) Any person who commits an assault with a firearm
the peace officer or firefighter is engaged in the performance of h s
peace officer or firefighter with a semiautomatic firearm and who
Section 12276 or 12276.1, or a S O BMG rifle, as defined in
peace officer or firefighter engaged in the perforn~anceof his or
for 6 , 9 , or 12 years.
( f ) As used in this section, "peace officer" refers to any person
designated as a peace officer in Chapter 4.5 (con~mencingwith
120 11. The Prohibited Amled Persons File database shall
conviction for an offense described in Section 12021.1, a firearnls
Institutions Code. or any firearms possession prohibition
in the Consolidated Firearms Information System indicating
possession or ownership of a firearm on or after January 1, 1991,
or an assault weapon registration, or a .50 BMG rifle registration.
Consolidated Firearms Information System indicating ownership
or possession of a firearm on or after January 1, 1991, or an assault
(a) or (b), the subject has an entry in the Consolidated Firearms
lnformation System indicating possession or ownership of a
firearm on or after January 1, 1991, or an assault weapon
registration, or a .50 BMG rifle registration, the following
information shall be entered into the Prohibited Armed Persons
File:
subject, as reflected by the Consolidated Firearms Information
System.
(d), any person who is armed with a firearnl in the con~missionof
tern1 shall apply to any person who is a principal in the comnlission
amled with a firearm.
Section 12276 or Section 12276.1, or a machinegull, as defined in
Section 12200. or a S O BMG rifle, as defined in Section 12278,
principal in the conlmission of a felony or attempted felony if one
BMG rifle.
(b) ( 1 ) Any person who personally uses a deadly or dangerous
(2) If the person described in paragraph ( I ) has been convicted
dangerous weapon in the con~missionof a felony or attempted
commission of a violation or attempted violation of Section 113 5 1,
11351.5, 11352. 11366.5, 11366.6, 11378, 11378.5, 11379,
in the state prison for three, fow; or five years.
(a), any person who is not personally armed with a firearn1 who,
howing that another principal is personally armed with a firearm,
or three years.
single enhancement.
read:
person who personally uses a firearm in the con~missionof a
or Section 12276.I , or a machinegun, as defined in Section 12200,
(c) Notwithstanding Section 1385 or any other provision :; of
law, the court shall not strike an allegation under this section ()r a
finding bringing a person within the provisions of this sectio11.
(d) Notwithstanding the limitation in subdivision (a) relatir g to
being an element of the offense, the additional tern1 providec;1 by
this section shall be imposed for any violation of Section 24: if a
firearm is used, or for murder if the killing is perpetrated by m ans
of shooting a fireann from a motor vehicle, intentionally at anc ;her
person outside of the vehicle with the intent to inflict great bc jily
injury or death.
(e) When a person is found to have personally used a fire;
an assault weapon, a machinegun, or a .50 BMG rifle, in the
section and the firearm, assault weapon, machinegun, or a S O
BMG rifle, is owned by that person, the court shall order tha the
firearm be deemed a nuisance and disposed of in the ma tner
(f) For purposes of imposing an enhancement under Sec ion
1 170.1, the enhancements under this section shall count as me,
single enhancement.
SEC. 5. Section 12275 of the Penal Code is amended to r :ad:
93
Assault Weapons Control Act of 1989 and the S O Caliber BMG
Regulation Act of 2004.
read:
possession. Tt is not, however, the intent of the Legislature by this
a center fire rifle that can fire a .50 BMG cartridge and is not
already an assault weapon pursuant to Section 12276, 12276.I, or
12276.5, or a rnc~chinegzm,as defined in Section 1,7200.
(b) As used in this chapter, a ".50 BMG cartridge" means a
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 .5 10 to, and
(3) The case base diameter for the cartridge is from 3 0 0 inch
firearm manufactured prior to January 1 , 1899.
12280. (a) ( 1 ) Any person who, within this state,
under paragraph (I), any person who transfers. lends, sells, or
year.
(b) Any person who, within this state, possesses any assault
weapon, except as provided in this chapter, is punishable by
imprisonment in a county jail for a period not exceeding one year,
or by imprisonment in the state prison. Howex~er,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 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.
weapon within one year following the end of the one-year
Section 12285.
(4) The person relinquished the firearm pursuant to Section
12288, in which case the assault weapon shall be destroyed
pursuant to Sectlon 12028.
(c) Any person who, within this state, possesses any .50 BMG
rifle, except as provided in this chapter, is punishable 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 (I), (2), and
(3):
(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 S O BMG rifle
Section 12285.
(4) Firearnu seized pursuant to this subdivision from persons
who meet all of the conditions set forth in paragraphs (I), (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,
other crime.
(e) Subdivisions (a) , (b), and (c) shall not apply to the sale to,
(f) ( I ) 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 S O BMG rifle to, or the
possession of an assault weapon or a S O BMG rifle by, a sworn
peace oficer member of an agency specified in subdivision (e),
provided that the peace oficer is authorized by his or her en~ployer
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
Section 12285 on or before April 1,2002; in the case of a peace
January 1, 2002, the officer shall register the assault weapon
or receipt. In the case of a peace officer who possesses or receives
a S O 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 S O BMG rifle after
January 1, 2005, the officer shall register the S O BMG rifle not
later than one year after possession or receipt. The peace officer
must include with the registration, a copy of the authorization
required pursuant to this paragraph.
(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
weapon prior to the date it was specified as an assault weapon
(11) 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:
( I ) Exempt entities listed in subdivision (e).
(2) Entities and persons who have been issued pern~itspursuant
to Section 12286 or 12287.
an entity listed in paragraphs (4) to (6)' inclusive.
(4) Federal nlilitary and law enforcement agencies.
( 5 ) Law enforcement and military agencies of other states.
(i) Subdivision (a) shall not apply to a person who is the
executor or adn~inistratorof an estate that includes an assault
Nas yossessedpz~r~sziarzt to paragraph ( I ) of subdivision (0which
is disposed of as authorized by the probate court, if the disposition
is otheiwise permitted by this chapter.
(j) Subdivisions (b) and (c) shall not apply to a person who is
the executor or adn~inistratorof an estate that includes an assault
weapon or a -50 HMG rifle registered under Section 12285 or tlzat
was possessed pursuant to paragraph ( I ) o f su hditisiorz (f) if the
assault weapon or S O 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.
assault weapon or S O BMG rifle pursuant to this chapter who lends
that assault weapon or S O BMG rifle to another if all the following
apply:
(A) The person to whom the assault weapon or S O BMG rifle
prohibited from possessing firearms by virtue of Section 1202I or
1202 1.l of this code or Section 8 100 or 8 103 of the Welfare and
Institutions Code.
(B) The person to whom the assault weapon or -50 BMG rifle
(C) The assault weapon or S O BMG rifle is possessed at any of
(2) The return of an assault weapon or .SO BMG rifle to the
(1) Subdivisions (b) and (c) shall not apply to the possession of
an assault weapon or .SO BMG rifle by a person to whom an assault
weapon or .50 BMG rifle is lent pursuant to subdivision (k).
(in) Subdivisions (a), (b), and (c) shall not apply to the
possession and importation of an assault weapon or a S O BMG
rifle into this state by a nonresident if all of the following
conditions are met:
competition that involves the use of an assault weapon or a -50
BMG rifle.
(4) The assault weapon or S O BMG rifle is transported in
Section 1202 1 or 12021.1 of this code or Section 8100 or 8103 of
(n) Subdivisions, (b) and (c) shall not apply to any of the
following persons:
12287.
(2) A person who has a pennit 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.
(0) Subdivisions (a), (b), and (c) shall not apply to any of the
following persons:
(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 S O 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 S O BMG rifle by the registered
owner of that assault weapon or a .50 BMG rifle, if it is in
12285.
(r) Subdivision (a) shall not apply during the first 180 days of
in this state prior to-£kemk 3 !, 2884 Jant~ury1, 200.5.
(s) Subdivision (c) shall not apply to the possession of a S O
pursuant to this chapter, by any person -
yet^ prior to Mu)) 1, 2006 if all of the following are applicable:
(1 ) The person is eligible under this chapter to register that S O
BMG rifle.
Janualy 1, 2005.
(t) S~tbdivisions(a}, (Z?) and (c) shall not apply to the sale qf
assault weapons or .50 BMG rifles bjj persons who are issued
permils pursuant to Section 12287 to any o f the.following:
(I) Exempt entities listed in subdivision (e).
(2) Entities und persons 14'ho have been issued permits
pursu~mtto Section 12286 or 12287.
(3) Federal nlilitary and law enforcement agencies.
(4) Law enfor-cement and military ugencies o f other states.
(5) Foreign govemmen ts and agencies approved by the United
States State Depar-tment.
(6) Oficers described in subdit~isiorz(0who ur-e autlzori~edto
possess assault weaporzs or .50 BMG riflespursuant to subdivision
Cr).
(u) AS used in this chapter, the date a firearn1 is an assault
w-eapon is the earliest of the following:
(1 ) The effective date of an amendment to Section 12276 that
specified firearn].
SEC. 9 . s u u
SEC. 9. Sectiorz 1226'5 of the Penal Code is urnended to read:
12285. (a) ( I ) Any person who lawfully possesses an assault
weapon, as defined in Section 12276, prior to June I , 1989, shall
pursuant to those procedures that the departn~entmay establish.
address. date of birth, and thumbprint of the owner, and any other
budget or as otherwise increased through the Budget Act. T1ze.fhe.s
shall he deposited into the Dealer-s' Recoid of' Sale Special
Account.
(2) Except asprovided in std~division(a) qf'Section 13280, an);
per=~onwho l a ~ j i ~ lpossesses
ly any .50 BMG rifle plaiorto January
12276 or 12276.5 or defined as an assault weapon ptrrszrant to
Section 12276.1, .slzall ~*egister.the .50 BMG rifle with the
department no later fhan April 30, 2006, pu?~suantto those
procedzires that the departn~entmaj? establish. The wgistratiorz
shall contain a descr.iption ofthefirearn?that ideiztrfies it uniquely,
including all identi$cation nlarks, the.f'ull name, address, date of
birth, mzd thumbprint of the olvnec and any other information that
the department ntay deem appropl-iate. The department nmy
churge a,fee.for rrgistration of twenh-five dollars ($25) per person
to cover the actual processing and public education cunlpaign
costs of the department. The .fees shall be deposited into the
Dealei*~'Record of Sale Specid Account. Datu processing costs
associated with modifiing the departmenti data system to
accon?modate .50 caliber BMG r$ks slzall not be paid-frum the
Dealers Record of Sale Slxcial Accounr.
(b) (1 ) Except as provided in paragraph (2), no assault weapon
possessed pursuant to paragraph ( I ) of subdi\~ision( 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 pem~itfrom the Department of Justice in the
12230) of Chapter 2, or remove the weapon from this state. A
person who lawfully possessed a fiream1 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.
( A ) Prior to bringing the assault weapon into this state, that
licensed p n dealer, as defined in subdivision (c) of Section 12290,
(3) Except a5 provided in paragr-aph (4), no .50 BMG rzjle
possessedyur~suantto this section nz~zybe sold or trunsfelred on or
aftel-Januau?, 1, 2005, to anyone ~vitlzinthis state other than to a
licensed gun dealer; as dclfined in subdivision (c) ofSection 12290,
or as pl*ovided in Section 12288. Any pemoiz who obtains title to
a .50 BMG rifle registered under this section or tlzat was possessed
pursuant to paragraph (1) ofsubdivision (fl of Sectiofz 12280 by
bequest oi*intestate succession shall, within I80 days of'receiyf,
render the weapon pernmzently inoyerdde, sell the weapon to a
lictvzsed gun dealei; obtain a permit j?om the Department of
Justice irz the same nzanner as specified in Article 3 (conzmencing
with Section 12230) o f Chapter.2, or renzove the ~.i~eapo~z.fi-on~
this
state.
(4) A person moving into this state, otheiwise in la~vful
possession of a .SO BMG rifle, shall do one of the follo~~ing:
(-4) Prior to bringing the .50 BMG rifle into this state, thut
person slzall.fii~obtain a perrnit.from the Department of Justice
in the snrne manner us spec{fied in A~-ticle3 (commencing with
Section 12230) q f Chapter 2.
(B) TIze person shall cause the .50 BMG rzfle to he delivered to
a licensed gun dealec as defined in subdivision (c) of Section
12290 in this state in accordance with Clzapter 44 (conznzencing
with Section 92 1) o f Rtle 18 oftlie United States Code and the
~ a n t I f the person obtains a permit
~vgulationsisstled p t ~ ~ ~ s zthereto.
fiom the Departnzent 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 peison. If the
licensed gzm dealel; as defined in subdivision (c) of Section 12290
is pl-ohihited.fiom delivering the .50 caliber BMG rile to a person
ptwstrcrrzt to this par-ag~~aplz, the dealer shall dispose of the .50
BMG rifle as allowed by this cliaptel:
a .SO BMG l-zfe under this section may possess it only under any
( I ) At that person's residence, place of business, or other
with the owner's express pelmission.
fosters proficiency in, or promotes education about, fireanns.
a firearn] described in Section 1227Get2, 12276.1, 12376.5, or
12278, is specifically pennitted by the managing agency of the
land.
between any of the places lnentioned in this subdjvision, or to any
12290, if the assault weapon is transported as required by Section
12026.1.
1202 1.1. and no person described in Section 8 100 or 8 103 of the
weapon or .50 BMG rtfle.
option of joint registration for assault weapons or .50 BMG rijle
(2) Anv person who legallv registered a firearn? as an assault
weapon pursuant to the provisions of'latv in @ect prior to Juntiary
1, 2005, tz~herethe assault weapon is thereufrer defined as a .50
caliber BMG rifle pursuant to Section 12278, slzu11 be deemed to
have registered the weapon fospurposes o f this chapter and shall
not be required to I-eregisterthe M7euponyur-sucrnt to this section.
the 90-day forgiveness period described in subdivision (f),and any
SEC. 10. Section I2286 of the Penal Code is amended to read:
12286. Any person who lawfully acquired an assault weapon
before June 1, 1989, or a S O 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 S O 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
isHx+
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 pernits pursuant
to this section or Section 12286.
fireamls dealer's license solely for the purpose of distribution to
an entity listed in paragraphs (4) to (61, inclusive.

an assault weapon or a S O BMG rifle to a police or sheriff's
departnlent. The assault weapon or .50 BMG rifle shall be
. .
C P 1 .I

read:
obtained a permit to possess, an assault weapon or S O BMG rifle
( 1 ) The individual has engaged, or may be engaged, in criminal
conduct.
persons.
weapon or a S O BMG rifle ownership status via law enforcement
SEC. 15.
utilization of public service almounce~nentsin a variety of media
posted in a conspicuous place in evely licensed gun store in the
dealers of .50 BMG rifles, and to recognized national associations
in~plen~ent this section which cannot be absorbed by the
r. 1
g
l .

(c), who lawfully possesses an assault weapon or S O BMG rifle
(b) ( 1 ) Any licensed gun dealer, as defined in subdivision (c),
(2) Any licensed gun dealer, as defined in subdivision (c), may
transfer possession of any assault weapon or S O BMG rifle
received pursuant to paragraph (I), to a gunsn~ithfor purposes of
accomplishing service or repair of the same. Transfers are
permissible only to the following persons:
311 of the following:
(i) A dealer's license issued pursuant to Chapter 4 4
governnlental entity.
(c) The tern1 "licensed gun dealer," as used in this article,
means a person who is licensed pursuant to Section 12071 and who
has a permit to-pmes sell assault weapons or .50 BMG rifles
I
2 r 1 7
. .
Section 12280 of the Penal Code by this act to supersede, restrict,
or affect the application of any other law, and to that end the
amendments are cumulative. However, an act or onlission
punishable under different ways by these amended sections and
other provisions of law shall not be punished under more than one
provision.
rr. 1%
.
Assembly Bill No. 50
CHAPTER 494

12275.5, 12280, 12285, 12286, 12287, 12288, 12288.5, 12289, and
12290 of, and to add Section 12278 to, the Penal Code, relating to
firearms.
[Approved by Governor Septenlbcr 13.2004. Filed
with Secretary of State September 13,2004.1
LEGISLATIVE COUNSEL'S DIGFST

AB 50, Koretz. .50 calibcr BMG rifles.
Existing law also makes it an offcnse for any person to commit an assault
upon the person of a peace officer or firefighter, as specified, with a
machinegun or assault weapon.
specified.
This bill would define ".50 BMG rifle" and ".50 BMG cartridge" for
purposes of regulation.
Existing law makes it an offense, subject to certain exceptions, for any
person to manufacture or cause to be manufactured. import into this
state. transport. distribute, keep for sale, offer or expose for sale, give,
enhancement for anyone who transfers, lends. sells, or gives an assault
wcapon to a minor, as specified.
This bill would extend those provisions to include a .50 BMG rifle.
By expanding thc scope of existing crimes and sentence
Ch. 494
issuance of permits in connection with .50 BMG rifles. This bill would
that an individual has registered, or has a permit to possess. an assault
register or have pennits to possess .50 BMG rifles.
This bill would similarly pennit persons to arrange to relinquish a .50
Statutory provisions cstabliah procedures for making that
reimbursement.
Tlze people o f the Stute o f California do enuct c~s,follo~t's:
SECTlON 1. Section 245 of the Penal Code is amended to read:

245. (a) ( 1 ) Any person who commits an assault upon the person
of another with a deadly weapon or instrument other than a firearm or
by any means of force likely to produce great bodily injury shall be
punished by imprisonment in the state prison for two, threc, or four
ycars, or in a county jail for not exceeding one ycar, or by a fine not
exceeding ten thousand dollars ($10,000), or by both the fine and
imprisonment.
(2) Any pcrson who commits an assault upon the person of another
with a firearm shall be punished by imprisonment in the state prison for
two, three, or four years, or in a county jail for not less than six months
and not exceeding one year, or by both a fine not exceeding ten thousand
dollars ($10,000) and imprisonment.
(3) Any person who commits an assault upon the person of another
with a machinegun, as defined in Section 12200, or an assault weapon,
as dcfined in Section 12276 or 12276.1, or a .50 BMG rifle, as defined
in Section 12278. shall be punished by imprisonment in the state prison
for 4, 8. or 12 years.
(b) Any pcrson who con~mitsan assault upon the person of another
with a seiniautornatic firearm shall be punished by imprisonment in the
state prison for three. six, or nine ycars.
-3- Ch. 494
(c) Any person who commits an assault with a deadly weapon or

instrument, other than a firearm, or by any means likely to produce great
bodily injury upon the pcrson of a peace officer or firefightcr, and who
knows or reasonably should know that the victim is a peace officer or
firefightcr engaged in the performance of his or her duties, when the
peace officer or firefightcr is engaged in the performance of his or her
duties, shall be punished by imprisonment in the state prison for three,
four, or five years.
(d) (1 ) Any person who commits an assault with a firean11 upon the
person of a peace officer or firefightcr, and who knows or reasonably
should know that the victim is a peace officer or firefighter engaged in
the performance of his or her duties, when thc peace officer or firefightcr
is e n ~ a g e din the performance of his or her duties, shall be punished by
imprisonment in the state prison for four, six, or eight years.
(2) Any person who commits an assault upon the person of a peace
oficcr or firefighter with a seiniautomatic firearm and who knows or
reasonably should know that the victim is a peace officer or firefighter
engaged in the performance of his or her duties, when the peace officer
or firefightcr is engaged in the performance of his or her duties, shall be
punished by imprisonment in the state prison for five, scven, or nine
years.
defined in Section 12200, or an assault weapon. as defined in Section
12276 or 12276.1, or a S O BMG rifle, as defined in Section 12278, upon
thc person of a peace officer or firefighter, and who knows or reasonably
should know that the victim is a peace oficer or firefighter engaged in
the performance of his or her duties, shall be punishcd by imprisonment
in the state prison for 6, 9. or 12 years.
(c) When a person is convicted of a violation of this section in a case
inkolving use of a deadly weapon or instnunent or fireann, and the
weapon or instrument or firearm is owned by that person, the court shall
order that the weapon or instrument or fireann be deemed a nuisance, and
it shall be confiscated and disposed of in the manner provided by Section
12028.
designated as a peacc oficer in Chapter 4.5 (commencing with Section
830) of Title 3 of Part 2.
12011. The Prohibited Anned Persons File database shall function
as follows:
(a) Upon entry into the Automated Criminal History System of a
disposition for a conviction of any felony, a conviction for any
firearms-prohibiting charge specified in Section 12021, a conviction for
Ch. 494 -4-
an offense described in Section 12031.1. a fireanns prohibition pursuant

to Section 8 100 or 8 103 of the Welfare and Institutions Code, or any
firearms possession prohibition identified by the federal National Instant
Check System, the Department of Justice shall detennine if the subject
has an entry in the Consolidated Firearms Information Systcm
indicating possession or ownership of a fireann on or after January 1,
1991, or an assault weapon registration, or a .50 BMG rifle registration.
(b) Upon an entry into any department automated infonnation system
that is used for the identification of persons who are prohibited from
acquiring, owning, or possessing firearms, the department shall
dctennine if the subject has an entry in the Consolidated Firearm
Infonnation Systcm indicating ownership or possession of a fireann on
or after January I, 1991, or an assault weapon registration, or a .50 BMG
rifle registration.
( c ) If the department determines that, pursuant to subdivision (a) or
(b), the subject has an entry in the Consolidated Firearms Information
System indicating possession or ownership of a fireann on or after
Januaty 1, 1991, or an assault weapon registration. or a .50 BMG rifle
registration, the following infonnation shall be entered into the
Prohibitcd Armed Persons File:
( 1 ) The subject's name.
(2) Thc subject's date of birth.
(4) Any other identifying information regarding the subjcct that is
deemed necessary by the Attorney General.
(6) A description of all firearms owned or possessed by the subject,
as reflected by the Consolidated Firearms lnfonnation System.
SEC. 3. Section 12022 of the Pcnal Code is amended to read:
12022. (a) (1) Except as provided in subdivisions (c) and (d), any
person who is armed with a firearm in the coinmission of a fclony or
attempted felony shall be punished by an additional and consecutive
term of imprisonment in the statc prison for one year, unless the arming
is an element of that offense. This additional tenn shall apply to any
person who is a principal in the commission of a felony or attempted
felony if onc or more of the principals is armed with a fircarm, whether
or not the person is personally armed with a firearm.
subdivision (d), if the fireann is an assault weapon, as defined in Section
12276 or Section 12276.1, or a machinegun, as defined in Section
12200, or a .50 BMG rifle, as defined in Section 12278, the additional
and consecutive term described in this subdivision shall be three years
whether or not the arming is an element of the offense of which the
-5- Ch. 494
pcrson was convicted. The additional term provided in this paragraph

shall apply to any person who is a principal in the co~nrnissionof a felony
or attempted felony if one or more of the principals is anned with an
assault weapon or machinegun, or a .50 BMG rifle, whcthcr or not the
person is pcrsonally anned with an assault weapon or machinegun, or a
.50 BMG rifle.
punished by an additional and consecutive term of imprisonment in the
state prison for one year, unless use of a dcadly or dangerous weapon is
an element of that offense.
(2) If the person described in paragraph (1) has been convicted of
carjacking or attempted carjacking, the additional term shall be one, two,
or three years.
(3) When a pcrson is found to have personally used a dcadly or
dangerous weapon in the commission of a felony or attempted felony as
provided in this subdivision and the weapon is owned by that person, the
court shall order that the weapon be deemed a nuisance and disposed of
in the manner provided in Section 12028.
(c) Notwithstanding the enhancement set forth in subdivision (a), any
person who is personally armed with a firearm in the commission of a
violation or attempted violation of Section 11351, 1135 1.5, 1 1352,
11366.5, 11366.6, 1 1378, 11378.5, 11379, 11379.5, or 11379.6 of the
Hcalth and Safety Code, shall be punishcd by an additional and
consecutivc term of imprisonment in the state prison for three, four, or
five years.
(d) Notwithstanding the enhancement set forth in subdivision (a), any
pcrson who is not personally anned with a firearm who, knowing that
another principal is pcrsonally anned with a firearm, is a principal in the
commission of an offense or attempted offense specified in subdivision
(c), shall be punished by an additional and consecutivc term of
imprisonment in the state prison for one, two, or three years.
(e) For purposes of imposing an enhancement under Section 1170.1,
the enhancements under this scction shall count as one, single
enhancement.
(f) Notwithstanding any other provision of law, the court may strike
thc additional punishment for the enhanccments provided in subdivision
(c) or (d) in an unusual case where the interests of justice would best be
served, if the court specifies on the record and enters into the minutes the
circumstances indicating that the interests of justice would bcst be
served by that disposition.
SEC. 4. Section 12022.5 of the Penal Code is amended to read:
12022.5. (a) Except as provided in subdivision (b),any person who
personally uses a firearm in the commission of a felony or attempted
fclony shall be punished by an additional and consecutive term of
imprisonment in the state prison for 3, 4, or 10 years, unless use of a
firearm is an element of that offense.
(b) Notwithstanding subdivision (a), any person who personally uses
an assault weapon, as specified in Section 12276 or Section 12276.1, or
a machinegun, as defined in Section 12200. in the commission of a
felony or attempted felony. shall be punished by an additional and
consecutive term of imprisonment in the state prison for 5,6, or 10 years.
(c) Notwithstanding Section 1385 or any other provisions of law, the
court shall not strike an allegation under this section or a finding bringing
a person within the provisions of this section.
(d) Notwithstanding the limitation in subdivision (a) relating to being
an element of the offense, the additional term provided by this section
shall be imposed for any violation of Section 245 if a fireann is used, or
for murder if the killing is perpetrated by means of shooting a firearm
from a motor vchicle, intentionally at another person outside of the
vehicle with the intent to inflict great bodily injury or death.
( e ) When a person is found to have pcrsonally used a firearn?, an
assault weapon. a machinegun, or a S O BMG rifle, in the commission
of a felony or attempted felony as provided in this section and the
fircann, assault weapon, machinegun, or a S O BMG rifle, is owned by
that person. the court shall order that the firearm be deemed a nuisance
and disposed of in thc manner provided in Section 12028.
(f) For purposes of imposing an enhancement under Section 1 170.1,
the enhancements under this section shall count as onc, single
enhancement.
SEC. 5. Section 12275 of the Pcnal Code is amended to read:
12275. This chapter shall be known as the Robcrti-Roos Assault
Weapons Control Act of 1989 and the S O 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 fireann has such a high rate of fire and capacity for
firepower that its function as a legitimate sports or recreational fircann
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
-7- Ch. 494
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) Thc Legislature hereby finds and declares that the proliferation
and use of .5O 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 distance and highly destructive firepower
that thcy 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 usc of these rifles and
to establish a registration and permit procedure for their lawful sale and
possession.
SEC. 7. Section 12278 is added to the Pcnal Code. to read:
12278. (a) As used in this chapter, a " S O BMG rifle" means a
center fire rifle that can fire a S O BMG cartridge and is not already an
assault weapon pursuant to Section 12276, 12276.1, or 12276.5. or a
machinepn, as defined in Section 12200.
(b) As used in this chapter, a " S O BMG cartridge" means a cartridge
that is designed and intended to be fircd 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 S 1 0 to, and
including, .5 1 1 inch.
(3) The case base diameter for the cartridge is from .SO0 inch to, and
including, .804 inch.
(c) A ".50 BMG rifle" does not include any "antique fireann," nor
any curio or relic as defined in Section 178.11 of Title 27 of the Code of
Federal Regulations.
(d) As used in this section, "antique firearm" means any firearm
manufactured prior to January 1, 1899.
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 S O BMG rifle, except as provided by this
Ch. 494 -8-
chapter. is guilty of a felony, and upon conviction shall be punished by
imprisonment in the state prison for four, six, or eight years.
(2) In addition and consecutive to the punishment imposed under
paragraph (I), 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 onc year.
(b) Any person who, within this state, possesses any assault weapon,
except as provided in this chapter, is punishable by iinprisonment in a
county jail for a period not exceeding one year, or by imprisonment in
the state prison. 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
wcapon prior to the date it was defined 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, posscsses any .50 BMG rifle,
except as provided in this chapter, is punishable by a fine of one thousand
dollars ($1,000), imprisonment in a county jail for a period not to exceed
onc 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 (I), (2), and
(3):
( 1) The pcrson proves that he or she lawfully possessed the .50 BMG
rifle prior to January I, 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 S O 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 ( I ), (2). and (3) shall
-9- Ch. 494
be returned unless the court finds in the interest of public safety, after
notice and hearing, that thc .50 BMG rifle should be destroyed pursuant
to Section 12028. Firearms seized from pcrsons who do not meet the
conditions set forth in paragraphs (I), (21, and (3) shall be destroyed
(d) Notwithstanding Scction 654 or any othcr 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
cnhancemcnts, 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'
officcs, marshals' offices, the Youth and Adult Corrections Agency, the
Dcpartlnent of thc 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
fedcral law enforccment 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 .SO BMG rifle by sworn peace officer
membcrs of those agencies specified in subdivision (e) for law
(2) Subdivisions (a), (b), and (c) shall not prohibit the delivery,
transfer, or salc of an assault weapon or a S O 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), provided that
thc peace officcr is authorized by his or her employer to possess or
receive the assault weapon or the S O BMG riflc. Required authorization
is defincd as verifiable written ccr-tification from thc 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 casc of a peace oficer
who possesses or receives the assault weapon prior to January 1.2002,
the officer shall register the assault weapon pursuant to Scction 12285
on or before April 1,2002; in the casc of a peacc oficer who possesses
or rcceives 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 afier possession or rcceipt. In the case of a peace officer who
possesses or receives a .SO BMG rifle on or bcfore 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 .SO BMG rifle after
January 1,2005, the officer shall register the .50 BMG rifle not later than
Ch. 494 - 10-
one year after possession or receipt. 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 constl-ued to limit or prohibit the
dclivcry, 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 Scction 12276.5, or during
the one-year period after the date it was defined as an assault weapon
pursuant to Section 12276. I , 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 Scction 12276.1.
(h) Subdivisions (a), (b), and (c) shall not apply to the manufacture
by persons who are issued pennits 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.
(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 rcgistcrcd under Section 12285 or that was possessed pursuant to
paragraph ( 1) of subdivision (f) which is disposed of as authorized by the
probate court, if the disposition is otherwise permitted by this chapter.
fi) 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
- 11 - Ch. 494
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.
(1) A person who lawfully possesses and has registered an assault
weapon or .50 BMG rifle pursuant to this chapter who lends that assault
wcapon or .50 BMG riflc to another if all the following apply:
(A) The pcrson to whom the assault weapon or .50 BMG rifle is lent
is 18 years of age or over and is not in a class of persons prohibited froin
possessing firearms by virtue of Section 1202 1 or 12021. l of this code
or Section 8100 or 8 103 of the Welfare and Institutions Code.
(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 .SO BMG rifle.
(C) The assault weapon or .SO BMG rifle is possessed at any of the
following locations:
(i) While on a target range that holds a regulatory or business license
(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, fircanns.
(2) The return of an assault weapon or .SO BMG rifle to the registered
possessor, or the lawful possessor, which is lent by the same pursuant to
paragraph ( 1 ).
(I) 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 wcapon
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 riflc into this statc by
a nonresident if all of the following conditions are met:
(1) Thc person is attending or going directly to or coining directly
from an organized competitive inatch or league compctition that
involves the use of an assault wcapon or a S O BMG rifle.
(2) The competition or inatch is conducted on the premises of one of
thc following:
(A) A target range that holds a regulatory or business licensc 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 S O BMG rifle is transported in accordance
with Section 12026.1 or 12026.2.
(5) The person is 1 8 years of age or over and is not in a class of persons
prohibited from possessing fireanns by virtue of Section 12021 or
Institutions Code.
(n) Subdivisions, (b) and (c) shall not apply to any of the following
persons:
(1) A person acting in accordancc with Scction 12286 or 12287.
(2) A person who has a permit to possess an assault weapon or a S O
BMG rifle issued pursuant to Section 12286 or 12287 when he or shc is
acting in accordance with Section 12285, 12286, or 12287.
(0)Subdivisions (a), (b), and (c) shall not apply to any of the
following persons:
(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
accordancc with subdivision (c) of Section 12285.
(q) Subdivision (a) shall not apply to the importation into this state
of an assault weapon or a S O BMG riflc by the registered owner of that
assault weapon or a S O 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 S O BMG rifle
by a person who lawfully possessed that S O BMG rifle in this state prior
to January I , 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 pcrson prior to May 1, 2006 if all of the following are
applicable:
(1) The person is eligible under this chapter to register that S O BMG
riflc.
(2) The person lawfully possessed the S O BMG rifle prior to January
1, 2005.
-13- Ch. 494
(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
Scction 12286 or 12287.
(3) Federal military and law enforcemcnt agencies.
(5) Forcign governments and agencies approved by thc 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 carlicst of the following:
(1) The effective datc of an amendment to Section 12276 that adds the
designation of the specified firearm.
(2) The cffective date of the list promulgated pursuant to Section
12276.5 that adds or changes the designation of the specified fireann.
(3) The operative date of Section 12276.1, as specified in subdivision
(d) of that section.
weapon, as defined in Section 12276, prior to June 1, 1989, shall register
thc 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 fiream within 90 days
with the Dcpartinent of Justice pursuant to those procedures that the
dcpai-t~nentmay establish. Except as provided in subdivision (a) of
Section 12280, any person who lawfully possessed an assault weapon
prior to the date it was defincd 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 fireann 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 fireann that identifies it uniquely,
including all identification marks, the fill name. address, date of birth,
and thumbprint of the owner, and any other information that thc
department may deem appropriate. The dcpai-tnlent may charge a fee for
registration of up to twenty dollars ($30) per person but not to exceed the
actual processing costs of the department. After the department
establishes fees sufficient to rciinburse thc 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
Ch. 494 -14-
or as otherwise increased through the Budget Act. The fees shall be
deposited into the Dealers' Record of Sale Special Account.
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 12376.1,
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 description of the firearm that
identifies it uniquely, including all identification marks, the full nainc,
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 S O caliber BMG rifles
shall not be paid from the Dealers Record of Sale Special Account.
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 titlc to an assault weapon
rcgistcred undcr this section or that was possessed pursuant to paragraph
( I ) 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 pennit 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 u7eaponpursuant to Section 13276.5 may alternatively register
thc firearm within 90 days of thc declaration issued pursuant to
subdivis~on(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 pennit from the Department of Justice in the same
manner as specified in Article 3 (commencing with Section 12230) of
Chapter 2.
- 15- Ch. 494
(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 92 1 )
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
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 aftcr 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 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 Scction 12230) of Chapter 2, or remove the weapon
from this state.
(4) A person moving into this state, otherwise in lawful possession
of a S O BMG rifle, shall do one of the following:
(A) Prior to bringing the .50 BMG rifle into this stale, that person
shall first obtain a permit from the Department of Justice in the same
manucr 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 pennit from the Department of Justice in
12230) of Chaptcr 2, the dealcr 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
Ch. 494 - 16-
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 pennission.
(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
(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 thc possession and use of a
fireann described in Section 12276, 12276.1, 12276.5. or 12278, is
(7) While transporting the assault weapon or S O 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 thc assault weapon
is transported as requircd by Scction 12026.1.
(d) No person who is under the age of 18 years, no person who is
prohibited from possessing a firearm by Scction 1202 1 or 12021.1, and
no person described in Section 8100 or 8103 of the Welfare and
Institutions Code may register or possess an assault weapon or S O BMG
rifle.
(c) The departmcnt's registration procedures shall provide the option
of joint registration for assault weapons or S O 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) ( I ) Any person who registered a firearm as an assault weapon
pursuant to the provisions of law in effect prior to January 1,2000, wherc
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.
- 17 - Ch. 494
(2) Any person who legally registered a fireann as an assault weapon

pursuant to the provisions of law in effect prior to Janualy 1,2005, where
the assault weapon is thereafter defined as a .50 caliber BMG rifle
pursuant to Scction 12278, shall be deemed to have registered the
wcapon for purposes of this chapter and shall not be rcquired 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 (0,and any person
whose registration fonn 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 wcapon.
This subdivision shall have no effect upon persons charged with a
violation of subdivision (b) of Section 12280 of the Penal Code prior to
Janua~y 1, 1992, providcd that law cnforcemcnt was aware of the
violation bcforc the weapon was registered.
SEC. 10. Section 12286 of the Penal Code is amcnded to read:
12286. Any person who lawfully acquired an assault weapon before
June I . 1989, or a .50 BMG rifle before January 1, 2005, and wishes to
use it in a manner dii'fercnt than specificd in subdivision (c) of Section
12285, who lawfidly acquired an assault weapon between June 1, 1989,
and January I, 1990, and wishes to keep it after January 1, 1990, or who
wishes to acquire an assault weapon after Janualy I , 1990, or a S O 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
SEC. 11. Scction 12287 of the Penal Code is amendcd to read:
12287. (a) The Department of Justice may, upon a finding of good
cause, issue permits fcr the manufacture or sale of assault weapons or S O
BMG rifles for the sale to, purchase by, or possession of assault weapons
or .50 BMG rifles by, any of the following:
(1) Thc agencies listed in subdivision (e), and the oficers described
in subdivision (f) of Section 12280.
(2) Entities and persons who have been issued pennits pursuant to
this section or Section 12286.
(3) Entities outsidc the statc who have, in effect, a federal firearms
dealer's liccnsc solely for the purposc of distribution to an entity listcd
in paragraphs (4) to (6), ~nclusive.
(6) Foreign governments and agencies approved by the United States
State Department.
Ch. 494 -18-
(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 S O BMG rifle pursuant to this chapter.
unless there exists a reason to believe in good faith that one of thc
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 pennit to possess, an assault wcapon or .50 BMG rifle
(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.
education and notification program regarding the registration of assault
weapons and thc definition of the weapons set forth in Section 12276.1.
The public education and notification program shall include outreach to
local law enforcement agcncies 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
consequcnces 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
-19- Ch. 494
during the forgiveness period. 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.
(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.
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
pennitted pursuant to the National Firearms Act, display it at any gun
show liccnscd 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 bc done as required by Section 12026.1.
(b) (1 ) Any licensed gun dcaler, as defined in subdivision (c), may
take posscssion 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 pennit to possess it pursuant to this chapter.
(2) Any licensed gun dealer, as defincd in subdivision (c), may
transfer possession of any assault weapon or S O BMG rifle received
pursuant to paragraph (1 ), to a gunsmith for purposes of accomplishing
service or repair of thc same. Transfers are permissible only to the
following pcrsons:
(B) A gunsnlith with whom the dealer has contracted for gunsmithing
services. In ordcr for this subparagraph to apply, the gunsmith receiving
thc 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 Unitcd States Code and the
(ii) Any business license required by a state or local governmental
entity.
(c) The tcnn "licensed gun dealer," as uscd in this article, tncans a
person who is liccnscd pursuant to Section 12071 and who has a permit
to sell assault weapons or .50 BMG rifles pursuant to Section 12287.
SEC. 16. It is not the intent of the Legislature in amending Section
12280 of the Penal Code by this act to supersede, restrict, or affect the
application of any other law, and to that end the amendments are
cumulative. However, an act or omission punishable under different
Ch. 494 - 20 -
ways by these amended sections and other provisions of law shall not be
punished under more than one provision.
SEC. 17. No reinlbursement is required by this act pursuant to
Section 6 of Article XI11 B of the California Constitution because the
only costs that may be incurred by a local agency or school district will
be incurred because this act creates a new crime or infraction, eliminates
a crime or infraction, or changes the penalty for a crime or infraction,
within the il~eaningof Section 17556 of the Govenunent Code, or
changes the definition of a crime within the meaning of Section 6 of
Article XI11 B of the California Constitution.

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CALIFORNIA LEGISLATURE-200344 REGULAR SESSION

ASSEMBLY BILL No. 50

Introduced by Assembly Member Koretz

An act to amend Sections 245, 12011, 12020, 12022, 12022.5,

LEGISLATIVE COUNSEL'S DIGEST

The people of the State o f California do enact as~follows:

SECTION 1. Section 245 of the Penal Code is amended to

CALIFORNIA LEGISLATURE-2003-04 REGULAR SESSION

ASSEMBLY BILL No. 50

Introduced by Assembly Member Koretz

An act to amend Sections 245, 12011, 12020, 12022, 12022.5,

LEGISLATIVE COUNSEL'S DIGEST

Existing law authorizes the Department of Justice to issue permits for

The people of the State of CaEiforrzia do enact as.follows:

SECTION 1. Section 245 of the Penal Code is amended to

CALIFORNIA LEGISLATURE-200344 REGULAR SESSION

ASSEMBLY BILL No. 50

Introduced by Assembly Member Koretz

An act to amend Sections 245, 12011, 12020, 12022, 12022.5,

LEGISLNIVE COUNSEL'S DIGEST

The people of the State o f California do enact as.follo~~s:

SECTION 1. Section 245 of the Penal Code is amended to

CALIFORNIA LEGISLATURE 2003 04 REGULAR SESSION

ASSEMBLY BILL No. 50

Introduced by Assembly Member Koretz

An act to amend Sections 245, 120 1 1, 12020, 12022, 12022.5,

LEGISLATIVE COUNSEL'S DIGEST

The people o f the State o f California do enact asfollows:

SECTION 1. Section 245 of the Penal Code is amended to

possesses any S O BMG cartridge, if the person may legally

SEC. 8. Section 12275.5 of the Penal Code is amended to

or .50 BMG rifles to federally licensed nlanufacturers of fireamls

CALIFORNIA LEGISLATURE-200344 REGULAR SESSION

ASSEMBLY BILL No. 50

Introduced by Assembly Member Koretz

An act to amend Sections 245, 12011, 12022, 12022.5,

LEGISLATIVE COUNSEL'S DIGEST

Existing law defines "assault weapon" for purposes of regulation.

The people o f the State o f Calcforrzia do enact as follows:

SECTION 1 . Section 245 of the Penal Code is amended to

-SEC. 3. Section 12022 of the Penal Code is amended to read:

WXXk means a cartridge that i s designed and intended to he jired

ay+possession of a .50 BMG rzJle that is ~zotdefined or speciJied

SEC. 17. No reimbursement is required by this act pursuant

ASSEMBLY BILL No. 50

lntroduced by Assembly Member Koretz

An act to amend Sections 245, 12011, 12022, 12022.5, 12275,

LEGISLATIVE COUNSELS DIGEST

The people of the State of Califorwh do enact as.foIlou:~:

SECTION 1. Section 245 of the Penal Code is amended to

0) Subdivisions (b) and (c) shall not apply to a person who is

SEC. 13. Section 12288 of the Penal Code is amended to read:

SEC. 14. Section 12288.5 of the Penal Code is amended to

SEC. 17. It is not the intent of the Legislature in amending

SEC. 18. No reimbursement is required by this act pursuant

ASSEMBLY BILL No. 50

lntroduced by Assembly Member Koretz

An act to amend Sections 245, 12011, 12022, 12022.5, 12275,

LLIGISLATIVE COUNSEUS DIGEST

The people ofthe State o f California do enact as.follou~s:

SECTION 1. Section 245 of the Penal Code is amended to

SEC. 12. Section 12288 of the Penal Code is amended to read:

SEC. 13. Section 12288.5 of the Penal Code is amended to

California's AB50

California's AB50