California changes "Assault Weapon" also means any of the following:

Discussion in 'Gun-Control Issues' started by MTRG16, Sep 19, 2020.

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  1. MTRG16

    MTRG16

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  2. nerr

    nerr

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    California wants to make sure that when they yell 'Fire', they mean the forest variety, not the 'ready, aim' variety. :)
     
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  3. Maccabeus

    Maccabeus

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    That's like 10 minutes of scrolling on a phone.

    Can you just cut and paste the relevant parts? Or at least give us the section and paragraph numbers?
     
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  4. nikerret

    nikerret Mr. Awesome

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    SEC. 38.
    Section 30515 of the Penal Code is amended to read:


    30515.
    (a) Notwithstanding Section 30510, “assault weapon” also means any of the following:
    (1) A semiautomatic, centerfire rifle that does not have a fixed magazine but has any one of the following:
    (A) A pistol grip that protrudes conspicuously beneath the action of the weapon.
    (B) A thumbhole stock.
    (C) A folding or telescoping stock.
    (D) A grenade launcher or flare launcher.
    (E) A flash suppressor.
    (F) A forward pistol grip.
    (2) A semiautomatic, centerfire rifle that has a fixed magazine with the capacity to accept more than 10 rounds.
    (3) A semiautomatic, centerfire rifle that has an overall length of less than 30 inches.
    (4) A semiautomatic pistol that does not have a fixed magazine but has any one of the following:
    (A) A threaded barrel, capable of accepting a flash suppressor, forward handgrip, or silencer.
    (B) A second handgrip.
    (C) A shroud that is attached to, or partially or completely encircles, the barrel that allows the bearer to fire the weapon without burning the bearer’s hand, except a slide that encloses the barrel.
    (D) The capacity to accept a detachable magazine at some location outside of the pistol grip.
    (5) A semiautomatic pistol with a fixed magazine that has the capacity to accept more than 10 rounds.
    (6) A semiautomatic shotgun that has both of the following:
    (A) A folding or telescoping stock.
    (B) A pistol grip that protrudes conspicuously beneath the action of the weapon, thumbhole stock, or vertical handgrip.
    (7) A semiautomatic shotgun that does not have a fixed magazine.
    (8) Any shotgun with a revolving cylinder.
    (9) A semiautomatic centerfire firearm that is not a rifle, pistol, or shotgun, that does not have a fixed magazine, but that has any one of the following:
    (A) A pistol grip that protrudes conspicuously beneath the action of the weapon.
    (B) A thumbhole stock.
    (C) A folding or telescoping stock.
    (D) A grenade launcher or flare launcher.
    (E) A flash suppressor.
    (F) A forward pistol grip.
    (G) A threaded barrel, capable of accepting a flash suppressor, forward handgrip, or silencer.
    (H) A second handgrip.
    (I) A shroud that is attached to, or partially or completely encircles, the barrel that allows the bearer to fire the weapon without burning the bearer’s hand, except a slide that encloses the barrel.
    (J) The capacity to accept a detachable magazine at some location outside of the pistol grip.
    (10) A semiautomatic centerfire firearm that is not a rifle, pistol, or shotgun, that has a fixed magazine with the capacity to accept more than 10 rounds.
    (11) A semiautomatic centerfire firearm that is not a rifle, pistol, or shotgun, that has an overall length of less than 30 inches.
    (b) For purposes of this section, “fixed magazine” means an ammunition feeding device contained in, or permanently attached to, a firearm in such a manner that the device cannot be removed without disassembly of the firearm action.
    (c) The Legislature finds a significant public purpose in exempting from the definition of “assault weapon” pistols that are designed expressly for use in Olympic target shooting events. Therefore, those pistols that are sanctioned by the International Olympic Committee and by USA Shooting, the national governing body for international shooting competition in the United States, and that were used for Olympic target shooting purposes as of January 1, 2001, and that would otherwise fall within the definition of “assault weapon” pursuant to this section are exempt, as provided in subdivision (d).
    (d) “Assault weapon” does not include either of the following:
    (1) Any antique firearm.
    (2) Any of the following pistols, because they are consistent with the significant public purpose expressed in subdivision (c):
    MANUFACTURER MODEL CALIBER
    BENELLI MP90 .22LR
    BENELLI MP90 .32 S&W LONG
    BENELLI MP95 .22LR
    BENELLI MP95 .32 S&W LONG
    HAMMERLI 280 .22LR
    HAMMERLI 280 .32 S&W LONG
    HAMMERLI SP20 .22LR
    HAMMERLI SP20 .32 S&W LONG
    PARDINI GPO .22 SHORT
    PARDINI GP-SCHUMANN .22 SHORT
    PARDINI HP .32 S&W LONG
    PARDINI MP .32 S&W LONG
    PARDINI SP .22LR
    PARDINI SPE .22LR
    WALTHER GSP .22LR
    WALTHER GSP .32 S&W LONG
    WALTHER OSP .22 SHORT
    WALTHER OSP-2000 .22 SHORT
    (3) The Department of Justice shall create a program that is consistent with the purposes stated in subdivision (c) to exempt new models of competitive pistols that would otherwise fall within the definition of “assault weapon” pursuant to this section from being classified as an assault weapon. The exempt competitive pistols may be based on recommendations by USA Shooting consistent with the regulations contained in the USA Shooting Official Rules or may be based on the recommendation or rules of any other organization that the department deems relevant.
    (e) The provisions of this section are severable. If any provision of this section or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.


    SEC. 39.
    Section 30685 is added to the Penal Code, immediately following Section 30680, to read:


    30685.
    Section 30605 does not apply to the possession of an assault weapon as defined by paragraph (9), (10), or (11) of subdivision (a) of Section 30515 by a person who has possessed the assault weapon prior to September 1, 2020, if all of the following are applicable:
    (a) Prior to September 1, 2020, the person would have been eligible to register that assault weapon pursuant to subdivision (c) of Section 30900.
    (b) The person lawfully possessed that assault weapon prior to September 1, 2020.
    (c) The person registers the assault weapon by January 1, 2022, in accordance with subdivision (c) of Section 30900.


    SEC. 40.
    Section 30900 of the Penal Code is amended to read:


    30900.
    (a) (1) Any person who, prior to June 1, 1989, lawfully possessed an assault weapon, as defined in former Section 12276, as added by Section 3 of Chapter 19 of the Statutes of 1989, shall register the firearm by January 1, 1991, and any person who lawfully possessed an assault weapon prior to the date it was specified as an assault weapon pursuant to former Section 12276.5, as added by Section 3 of Chapter 19 of the Statutes of 1989 or as amended by Section 1 of Chapter 874 of the Statutes of 1990 or Section 3 of Chapter 954 of the Statutes of 1991, shall register the firearm within 90 days with the Department of Justice pursuant to those procedures that the department may establish.
    (2) Except as provided in Section 30600, any person who lawfully possessed an assault weapon prior to the date it was defined as an assault weapon pursuant to former Section 12276.1, as it read in Section 7 of Chapter 129 of the Statutes of 1999, and which was not specified as an assault weapon under former Section 12276, as added by Section 3 of Chapter 19 of the Statutes of 1989 or as amended at any time before January 1, 2001, or former Section 12276.5, as added by Section 3 of Chapter 19 of the Statutes of 1989 or as amended at any time before January 1, 2001, shall register the firearm by January 1, 2001, with the department pursuant to those procedures that the department may establish.
    (3) 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.
    (4) The department may charge a fee for registration of up to twenty dollars ($20) per person but not to exceed the reasonable processing costs of the department. After the department establishes fees sufficient to reimburse the department for processing costs, fees charged shall increase at a rate not to exceed the legislatively approved annual cost-of-living adjustment for the department’s budget or as otherwise increased through the Budget Act but not to exceed the reasonable costs of the department. The fees shall be deposited into the Dealers’ Record of Sale Special Account.
     
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  5. nikerret

    nikerret Mr. Awesome

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    (b) (1) Any person who, from January 1, 2001, to December 31, 2016, inclusive, lawfully possessed an assault weapon that does not have a fixed magazine, as defined in Section 30515, including those weapons with an ammunition feeding device that can be readily removed from the firearm with the use of a tool, shall register the firearm before July 1, 2018, but not before the effective date of the regulations adopted pursuant to paragraph (5), with the department pursuant to those procedures that the department may establish by regulation pursuant to paragraph (5).
    (2) Registrations shall be submitted electronically via the Internet utilizing a public-facing application made available by the department.
    (3) The registration shall contain a description of the firearm that identifies it uniquely, including all identification marks, the date the firearm was acquired, the name and address of the individual from whom, or business from which, the firearm was acquired, as well as the registrant’s full name, address, telephone number, date of birth, sex, height, weight, eye color, hair color, and California driver’s license number or California identification card number.
    (4) The department may charge a fee in an amount of up to fifteen dollars ($15) per person but not to exceed the reasonable processing costs of the department. The fee shall be paid by debit or credit card at the time that the electronic registration is submitted to the department. The fee shall be deposited in the Dealers’ Record of Sale Special Account to be used for purposes of this section.
    (5) The department shall adopt regulations for the purpose of implementing this subdivision. These regulations are exempt from the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code).
    (c) (1) Any person who, prior to September 1, 2020, lawfully possessed an assault weapon as defined by paragraph (9), (10), or (11) of subdivision (a) of Section 30515, and is eligible to register an assault weapon as set forth in Section 30950, shall submit an application to register the firearm before January 1, 2022, but not before the effective date of the regulations adopted pursuant to paragraph (5), with the department pursuant to those procedures that the department may establish by regulation pursuant to paragraph (5).
    (2) Registration applications shall be submitted in a manner and format to be specified by the department in regulations adopted pursuant to paragraph (5).
    (3) The registration application shall contain a description of the firearm that identifies it uniquely, including all identification marks, the date the firearm was acquired, the name and address of the individual from whom, or business from which, the firearm was acquired, as well as the registrant’s full name, address, telephone number, date of birth, sex, height, weight, eye color, hair color, and California driver’s license number or California identification card number, and any other information that the department may deem appropriate. The registration application shall also contain photographs of the firearm, as specified by the department in regulations adopted pursuant to paragraph (5).
    (4) For each registration application, the department may charge a fee that consists of the amount the department is authorized to require a dealer to charge each firearm purchaser under subdivision (a) of Section 28233, not to exceed the reasonable processing costs of the department. For registration applications seeking to register multiple firearms, the fee shall increase by up to five dollars ($5) for each additional firearm after the first, not to exceed the reasonable processing costs of the department. The fee shall be paid in a manner specified by the department in regulations adopted pursuant to paragraph (5) at the time the registration application is submitted to the department. The fee shall be deposited in the Dealers’ Record of Sale Special Account to be used for purposes of this section.
    (5) The department shall adopt regulations for the purpose of implementing this subdivision and paragraphs (9), (10), and (11) of subdivision (a) of Section 30515. These regulations are exempt from the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code).


    SEC. 41.
    Section 30955 of the Penal Code is amended to read:


    30955.
    (a) The department’s registration procedures shall provide the option of joint registration for any assault weapon or .50 BMG rifle owned by family members residing in the same household.
    (b) Notwithstanding subdivision (a), for registration of assault weapons in accordance with subdivision (c) of Section 30900, joint registration is not permitted.
     
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  6. nikerret

    nikerret Mr. Awesome

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    Enjoy
     
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  7. GT4494

    GT4494

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    I like what they say are acceptable too...
     
  8. varget

    varget

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    that pretty much covers everything. if that gets in we are going to have a real problem.
     
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  9. jmaj

    jmaj

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    I assume this is to rope in the TAC-13 and similar.
     
  10. Paul53

    Paul53 You local friendly Skynet dealer

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    Is there some secret connection between Kalifornia and Florida that makes people crazy?
     
  11. GeorgeandSugar

    GeorgeandSugar

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    They left out bolt carrier, charging handle etc... Seems as though they capture everything else. Wow! A flash suppressor constitutes an assault weapon. Sorry if I got this wrong. I skimmed the sections. I get nauseated reading the “lefts” garbage. A never ending assault on our 2A.

    And yet they will releases criminals for the Wuhan virus. Mismanage forests and blame it on climate change. Invest in green energy and tell everyone it will lower your energy bills (35%) imported into state to meet demand) and finally defund police and think crime won’t increase in the community.

    This damn fools are ridiculous and pathetic. The idiocy and irrational thinking of these dimwits is beyond the pale. CA is a Sh*th*le!


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    Last edited: Sep 19, 2020
  12. OttoLoader

    OttoLoader

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    Democrats
     
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  13. IAhunter

    IAhunter Venor ergo sum

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    All that, and more than likely it’s unconstitutional anyway.
     
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  14. sober_survival

    sober_survival

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    Everyone in Florida loves guns, they just do stupid ****.


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  15. Simi_gun_guy

    Simi_gun_guy

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    I hope you’re right about this being “declared unconstitutional”. Otherwise this will become unlivable.
    Oh, sorry. This is occupied Kalifornia, they’ve already made it unlivable.
    What a great state, turned into a sorry POS!

    IMHO


    Ed
     
    Last edited: Sep 20, 2020
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  16. walkinguf61

    walkinguf61

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    If you think that’s bad, you should read what’s banned here in New York under the safe act.
     
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  17. Doc Holliday

    Doc Holliday CLM

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    As long as Cali (or any other state) continues to ignore the U.S. Constitution, they should get NO Federal Funding of any kind whatsoever.
     
  18. TheDreadnought

    TheDreadnought

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    Notice that it’s “severable” so invalidating any part of it does not invalidate the whole.

    And it’s unconstitutional only in as much as the Supreme Court says so. If Biden wins and the Dems pack the court, better plan on this becoming the law of the land.
     
  19. ken3006

    ken3006

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    They can label anything an assault weapon and ban it. Without the Supreme Court backing the 2nd, any restrictions they put in place are "reasonable".
     
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  20. Tuner Sandwich

    Tuner Sandwich

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    Slippery slope liberal definitions.

    Honestly, is there such a thing as a weapon that's not capable of assault?

    Wouldn't be a weapon if it wasn't.

    And that's the end result. The whole shebang. They want us all weak and defenseless.

    It's easier to pin undesirables against a wall when they can't fight back.
     
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