SB 47

  • California Senate Bill
  • 2013-2014 Regular Session
  • Introduced in Senate Dec 18, 2012
  • Passed Senate May 29, 2013
  • Assembly
  • Governor

Firearms: assault weapons.

Abstract

(1) Existing law generally prohibits the possession or transfer of assault weapons, except for the sale, purchase, importation, or possession of assault weapons by specified individuals, including law enforcement officers. Under existing law, "assault weapon" means, among other things, a semiautomatic, centerfire rifle or a semiautomatic pistol that has the capacity to accept a detachable magazine and has any one of specified attributes, including, for rifles, a thumbhole stock, and for pistols, a second handgrip. This bill would revise these provisions to mean a semiautomatic, centerfire rifle or a semiautomatic pistol that does not have a fixed magazine but has any one of those specified attributes. This bill would also define "fixed magazine" to mean 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. By expanding the definition of an existing crime, the bill would impose a state-mandated local program. (2) Existing law requires that any person who, within this state, possesses an assault weapon, except as otherwise provided, be punished as a felony or for a period not to exceed one year in a county jail. This bill would exempt from punishment under that provision a person who initially possessed an assault weapon prior to January 1, 2014, and until July 1, 2015, if specified requirements are met. (3) Existing law requires that, with specified exceptions, any person who, prior to January 1, 2001, lawfully possessed an assault weapon prior to the date it was defined as an assault weapon, and which was not specified as an assault weapon at the time of lawful possession, register the firearm with the Department of Justice. Existing law permits the Department of Justice to charge a fee for registration of up to $20 per person but not to exceed the actual processing costs of the department. Existing law, after the department establishes fees sufficient to reimburse the department for processing costs, requires fees charged to 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. Existing law requires those fees to be deposited into the Dealers' Record of Sale Special Account. Existing law, the Administrative Procedure Act, establishes the requirements for the adoption, publication, review, and implementation of regulations by state agencies. This bill would require that any person who, from January 1, 2001, to December 31, 2013, inclusive, lawfully possessed an assault weapon that does not have a fixed magazine, as defined, and including those weapons with an ammunition feeding device that can be removed readily from the firearm with the use of a tool, register the firearm with the Department of Justice before July 1, 2015, but not before the effective date of specified regulations. This bill would permit the department to increase the $20 registration fee as long as it does not exceed the reasonable processing costs of the department. This bill would also require registrations to be submitted electronically via the Internet utilizing a public-facing application made available by the department. This bill would require the registration to contain specified information, including, but not limited to, a description of the firearm that identifies it uniquely and specified information about the registrant. This bill would permit the department to charge a fee of up to $15 per person for registration through the Internet, not to exceed the reasonable processing costs of the department to be paid and deposited, as specified. This bill would require the department to adopt regulations for the purpose of implementing those provisions and would exempt those regulations from the Administrative Procedure Act. This bill would also make technical and conforming changes. (4) 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.

Bill Sponsors (7)

Votes


Actions


Nov 30, 2014

Assembly

From Assembly without further action.

Assembly

From committee without further action.

Aug 30, 2013

Assembly

Hearing postponed by committee.

Aug 21, 2013

Assembly

Set, first hearing. Referred to APPR. suspense file.

  • Referral-Committee
APPR APPR. suspense file.

Aug 14, 2013

Assembly

From committee: Do pass and re-refer to Com. on APPR. (Ayes 4. Noes 2.) (August 13). Re-referred to Com. on APPR.

  • Committee-Passage-Favorable
  • Referral-Committee
  • Committee-Passage
Com. on APPR.

Aug 06, 2013

Assembly

From committee with author's amendments. Read second time and amended. Re-referred to Com. on PUB. S.

  • Committee-Passage
  • Amendment-Passage
  • Reading-2
  • Reading-1
  • Referral-Committee
Com. on PUB. S.

Aug 05, 2013

Assembly

From committee with author's amendments. Read second time and amended. Re-referred to Com. on PUB. S.

  • Committee-Passage
  • Amendment-Passage
  • Reading-2
  • Reading-1
  • Referral-Committee
Com. on PUB. S.

Jun 17, 2013

Assembly

Referred to Com. on PUB. S.

  • Referral-Committee
Com. on PUB. S.

May 30, 2013

Assembly

In Assembly. Read first time. Held at Desk.

May 29, 2013

Senate

Read third time. Passed. (Ayes 23. Noes 15. Page 1149.) Ordered to the Assembly.

May 28, 2013

Senate

Made Special Order for Wednesday, May 29, at 10:30 a.m.

May 24, 2013

Senate

Read second time and amended. Ordered to third reading.

May 23, 2013

Senate

From committee: Do pass as amended. (Ayes 5. Noes 2. Page 1006.) (May 23).

May 17, 2013

Senate

Set for hearing May 23.

May 06, 2013

Senate

Placed on APPR. suspense file.

Apr 26, 2013

Senate

Set for hearing May 6.

Apr 17, 2013

Senate

From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 2. Page 567.) (April 16). Re-referred to Com. on APPR.

  • Committee-Passage-Favorable
  • Referral-Committee
  • Committee-Passage
Com. on APPR.

Mar 20, 2013

Senate

From committee with author's amendments. Read second time and amended. Re-referred to Com. on PUB. S.

  • Committee-Passage
  • Amendment-Passage
  • Reading-2
  • Reading-1
  • Referral-Committee
Com. on PUB. S.

Mar 13, 2013

Senate

Set for hearing April 16.

Feb 07, 2013

Senate

Re-referred to Com. on PUB. S.

  • Referral-Committee
Com. on PUB. S.

Jan 24, 2013

Senate

From committee with author's amendments. Read second time and amended. Re-referred to Com. on RLS.

  • Committee-Passage
  • Amendment-Passage
  • Reading-2
  • Reading-1
  • Referral-Committee
Com. on RLS.

Jan 10, 2013

Senate

Referred to Com. on RLS.

  • Referral-Committee
Com. on RLS.

Jan 07, 2013

Senate

Read first time.

Dec 19, 2012

Senate

From printer. May be acted upon on or after January 18.

Dec 18, 2012

Senate

Introduced. To Com. on RLS. for assignment. To print.

Bill Text

Bill Text Versions Format
SB47 HTML
12/18/12 - Introduced PDF
01/24/13 - Amended Senate PDF
03/20/13 - Amended Senate PDF
05/24/13 - Amended Senate PDF
08/05/13 - Amended Assembly PDF
08/06/13 - Amended Assembly PDF

Related Documents

Document Format
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Sources

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