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Need clarification of CA's AB-23
- Thread starter jwong
- Start date
<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>
LEGISLATIVE COUNSEL'S DIGEST
SB 23, Perata. Firearms: assault weapons.
(1) Existing law makes it a misdemeanor for any person to
manufacture, cause to be manufactured, import into this state,
keep or offer for sale, give, lend, or possess specified weapons
and explosives.
This bill would make it a misdemeanor or a felony, beginning
January 1, 2000, for any person, except as provided, to
manufacture, import into the state, keep or offer for sale,
give, or lend any large-capacity magazine. A large-capacity
magazine would be defined to mean any ammunition feeding device
with the capacity to accept more than 10 rounds. By expanding
the definition of, and increasing the penalty for, a crime, this
bill imposes a state-mandated local program.
(2) Existing law requires imposition of a longer term of
imprisonment on any person convicted of assault with a deadly
weapon, and for enhanced terms of imprisonment for a person
convicted of a felony, if that person was either armed with, or
personally used, an assault weapon or machinegun, as defined, in
the commission of, or attempted commission of that felony.
Existing law makes it a crime to engage in specified
activities regarding assault weapons and regulates the lawful
possession of those weapons. Existing law defines the term
"assault weapon" by, among other things, designating a list of
specified semiautomatic firearms.
This bill would further define the term "assault weapon" by
providing descriptive definitions concerning the capacity and
function of the weapon. These expanded definitions would
specifically apply to the above-mentioned increased term and
enhancement provisions and to related provisions. By expanding
the definition of a crime, this bill would impose a
state-mandated local program.
(3) Existing law makes it a crime, punishable either as a
felony or a misdemeanor, for any person to possess any assault
weapon, as defined. However, if a person charged with a
first-time violation of that offense presents proof that he or
she lawfully possessed the assault weapon within a specified
period, and has since registered the weapon or relinquished it,
the offense is punishable as an infraction, if the person has
also complied with specified conditions. Existing law also
provides a period of forgiveness to persons in possession of an
assault weapon during a specified period under specified
conditions. In addition, existing law exempts specified law
enforcement agencies from the prohibition against possession,
purchase, or sale of assault weapons.
This bill would make it an infraction, punishable by a fine
up to $500, for a first-time violation of the above-mentioned
offense, if the offender was found in possession of no more than
2 firearms in compliance with specified provisions and proves
that he or she lawfully possessed the assault weapon prior to
the date it was defined as an assault weapon under the proposed
provision set forth in (2). This bill would also add an
additional period of forgiveness for persons in possession of
assault weapons, as defined, pursuant to the proposed provision
set forth in (2), to extend to the one-year period after the
weapon was defined as an assault weapon under that proposed
provision. By defining a new crime, this bill would impose a
state-mandated local program. The bill would also exempt
certain additional off-duty and certain retired law enforcement
personnel from the prohibition against possession, purchase, or
sale of assault weapons.
(4) Existing law requires any person who lawfully possesses
an assault weapon, as defined, prior to specified periods, to
register that weapon with the Department of Justice, within a
specified period of time.
This bill would require any person who lawfully possessed an
assault weapon prior to the date it was defined as an assault
weapon pursuant to the proposed provision mentioned in (2)
above, to register the weapon within one year of the effective
date of that provision.
(5) Existing law requires the Department of Justice to
conduct a public education and notification program regarding
the registration of assault weapons, the limited forgiveness
period of the registration requirement and the consequences of
nonregistration.
This bill would require that the public education and
notification program include the new definition of assault
weapons discussed in paragraph (2) above.
(6) The bill would state legislative intent.
(7) The bill would provide that its provisions are severable.
(8) This bill would incorporate additional changes in Section
12020 of the Penal Code proposed by SB 359, to be operative if
SB 359 and this bill are both enacted and become effective on or
before January 1, 2000, and this bill is enacted last.
(9) 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.
[/quote]
LEGISLATIVE COUNSEL'S DIGEST
SB 23, Perata. Firearms: assault weapons.
(1) Existing law makes it a misdemeanor for any person to
manufacture, cause to be manufactured, import into this state,
keep or offer for sale, give, lend, or possess specified weapons
and explosives.
This bill would make it a misdemeanor or a felony, beginning
January 1, 2000, for any person, except as provided, to
manufacture, import into the state, keep or offer for sale,
give, or lend any large-capacity magazine. A large-capacity
magazine would be defined to mean any ammunition feeding device
with the capacity to accept more than 10 rounds. By expanding
the definition of, and increasing the penalty for, a crime, this
bill imposes a state-mandated local program.
(2) Existing law requires imposition of a longer term of
imprisonment on any person convicted of assault with a deadly
weapon, and for enhanced terms of imprisonment for a person
convicted of a felony, if that person was either armed with, or
personally used, an assault weapon or machinegun, as defined, in
the commission of, or attempted commission of that felony.
Existing law makes it a crime to engage in specified
activities regarding assault weapons and regulates the lawful
possession of those weapons. Existing law defines the term
"assault weapon" by, among other things, designating a list of
specified semiautomatic firearms.
This bill would further define the term "assault weapon" by
providing descriptive definitions concerning the capacity and
function of the weapon. These expanded definitions would
specifically apply to the above-mentioned increased term and
enhancement provisions and to related provisions. By expanding
the definition of a crime, this bill would impose a
state-mandated local program.
(3) Existing law makes it a crime, punishable either as a
felony or a misdemeanor, for any person to possess any assault
weapon, as defined. However, if a person charged with a
first-time violation of that offense presents proof that he or
she lawfully possessed the assault weapon within a specified
period, and has since registered the weapon or relinquished it,
the offense is punishable as an infraction, if the person has
also complied with specified conditions. Existing law also
provides a period of forgiveness to persons in possession of an
assault weapon during a specified period under specified
conditions. In addition, existing law exempts specified law
enforcement agencies from the prohibition against possession,
purchase, or sale of assault weapons.
This bill would make it an infraction, punishable by a fine
up to $500, for a first-time violation of the above-mentioned
offense, if the offender was found in possession of no more than
2 firearms in compliance with specified provisions and proves
that he or she lawfully possessed the assault weapon prior to
the date it was defined as an assault weapon under the proposed
provision set forth in (2). This bill would also add an
additional period of forgiveness for persons in possession of
assault weapons, as defined, pursuant to the proposed provision
set forth in (2), to extend to the one-year period after the
weapon was defined as an assault weapon under that proposed
provision. By defining a new crime, this bill would impose a
state-mandated local program. The bill would also exempt
certain additional off-duty and certain retired law enforcement
personnel from the prohibition against possession, purchase, or
sale of assault weapons.
(4) Existing law requires any person who lawfully possesses
an assault weapon, as defined, prior to specified periods, to
register that weapon with the Department of Justice, within a
specified period of time.
This bill would require any person who lawfully possessed an
assault weapon prior to the date it was defined as an assault
weapon pursuant to the proposed provision mentioned in (2)
above, to register the weapon within one year of the effective
date of that provision.
(5) Existing law requires the Department of Justice to
conduct a public education and notification program regarding
the registration of assault weapons, the limited forgiveness
period of the registration requirement and the consequences of
nonregistration.
This bill would require that the public education and
notification program include the new definition of assault
weapons discussed in paragraph (2) above.
(6) The bill would state legislative intent.
(7) The bill would provide that its provisions are severable.
(8) This bill would incorporate additional changes in Section
12020 of the Penal Code proposed by SB 359, to be operative if
SB 359 and this bill are both enacted and become effective on or
before January 1, 2000, and this bill is enacted last.
(9) 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.
[/quote]
Basically jwong,
You're F#@$'ed like the rest of us in California. The only immediate hope is www.vetothegovernor.org .
BTW, DC, EWOK, and Sameshot; how are the signatures coming? Ann and I are about to cross 1000!
You're F#@$'ed like the rest of us in California. The only immediate hope is www.vetothegovernor.org .
BTW, DC, EWOK, and Sameshot; how are the signatures coming? Ann and I are about to cross 1000!
I just went to the vetothegovernor web page and found out that the forms we have been filling out are NOT CORRECT! Please get new forms prior to obtaining signatures!
We can do this, guys....
PS. please post any information you find out about this form matter,,, I am having a difficult time sorting it out.
~Rhy
We can do this, guys....
PS. please post any information you find out about this form matter,,, I am having a difficult time sorting it out.
~Rhy