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CA Pards, fire up your writin' machines


Subdeacon Joe

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The usual suspects doing the usual thing.

 

 

http://www.thetruthaboutguns.com/2012/06/robert-farago/california-bullet-button-battle-begins/

 

http://www.leginfo.ca.gov/cgi-bin/postquery?bill_number=sb_249&sess=CUR&house=B&author=yee

 

BILL NUMBER: SB 249 AMENDED

BILL TEXT

 

AMENDED IN ASSEMBLY JUNE 27, 2012

AMENDED IN ASSEMBLY JUNE 21, 2012

AMENDED IN ASSEMBLY MAY 22, 2012

AMENDED IN ASSEMBLY JULY 14, 2011

AMENDED IN SENATE APRIL 25, 2011

 

INTRODUCED BY Senator Yee

(Coauthor: Senator De León)

(Coauthor: Assembly Member Portantino)

 

FEBRUARY 10, 2011

 

An act to amend Section 31100 of, to amend, repeal, and add

Section 30800 of, and to add Sections 30527 and 30618 to, the Penal

Code, relating to firearms.

 

 

 

LEGISLATIVE COUNSEL'S DIGEST

 

 

SB 249, as amended, Yee. Firearms: assault weapon conversion kits.

 

Existing law, with certain exceptions, prohibits the possession of

an assault weapon, as defined, and makes violations subject to

criminal penalties.

This bill would, commencing July 1, 2013, and with certain

exceptions, prohibit any person from importing, making, selling,

loaning, transferring, or possessing any conversion kit, as defined,

designed solely and exclusively to convert certain

firearms with a fixed magazine into firearms with the capacity to

accept a detachable magazine and other features making the firearm an

assault weapon and would make violations subject to criminal

penalties. By creating new crimes, this bill would impose a

state-mandated local program.

Existing law makes possession of an assault weapon a public

nuisance, authorizes the Attorney General, district attorney, or city

attorney to bring a civil action to enjoin possession of the weapon,

authorizes imposition of a civil fine, and, with certain exceptions,

requires disposition of the weapon by sale at public auction or by

destruction.

This bill would, commencing July 1, 2013, make possession of a

conversion kit a public nuisance, would authorize a civil action to

enjoin possession of a conversion kit, would authorize imposition of

a civil fine, and, with certain exceptions, would, similarly, require

disposition of the conversion kit.

Existing law authorizes a person to arrange in advance to

relinquish an assault weapon to a police or sheriff's department.

This bill would authorize a person to arrange in advance to

relinquish a conversion kit 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 OF CALIFORNIA DO ENACT AS FOLLOWS:

 

SECTION 1. Section 30527 is added to the Penal Code, to read:

30527. (a) As used in this chapter a "conversion kit" means

either of the following:

(1) Any combination of parts that, when affixed to a firearm with

a fixed magazine, are designed and intended to convert that firearm

into an assault weapon as defined by one of the following:

 

(A) Paragraph (1) of subdivision (a) of Section 30515.

 

(B) Paragraph (4) of subdivision (a) of Section 30515.

 

© Paragraph (7) of subdivision (a) of Section 30515.

(2) Any

any part that, when affixed to a firearm with a fixed

magazine, is designed solely and exclusively to convert that firearm

into an assault weapon as defined by one of the following:

(A)

(1) Paragraph (1) of subdivision (a) of Section 30515.

 

(B)

(2) Paragraph (4) of subdivision (a) of Section 30515.

 

©

(3) Paragraph (7) of subdivision (a) of Section 30515.

(B) This section shall become operative on July 1, 2013.

SEC. 2. Section 30618 is added to the Penal Code, to read:

30618. (a) No person shall import into this state, make, sell,

loan, transfer , or possess a conversion kit.

(B) For purposes of this article, if more than one conversion kit

is involved in any violation of this article, there shall be a

distinct and separate offense for each violation.

© The provisions of this section are cumulative and shall not be

construed as restricting the application of any other law. However,

an act or omission punishable in different ways by different

provisions of law shall not be punished under more than one

provision.

(d) Subdivision (a) shall not apply to or affect any of the

following:

(1) The sale to, transfer to, or loan to, importation of, or

possession of a conversion kit by the Department of Justice, police

department, sheriffs' offices, marshals' offices, the Department of

Corrections and Rehabilitation, the Department of the California

Highway Patrol, district attorneys' offices, the Department of Fish

and Game, the 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.

(2) The transfer by or loan by the entities listed in paragraph

(1) of a conversion kit to sworn peace officer members of those

agencies for law enforcement purposes.

(3) The possession of conversion kits by sworn peace officer

members of those agencies specified in paragraph (1) for law

enforcement purposes.

(4) The manufacture of, possession of, or importation of a

conversion kit by any person who is issued a permit pursuant to

Section 31005.

(5) The sale by, loan of, or transfer of a conversion kit by a

person who is issued a permit pursuant to Section 31005 to any of the

following:

(A) Exempt entities listed in paragraph (1).

(B) Entities and persons who have been issued permits pursuant to

Section 31005.

© Federal military and law enforcement agencies.

(D) Law enforcement and military agencies of other states.

(E) Foreign governments and agencies approved by the United States

State Department.

(6) A person who is the executor or administrator of an estate

that includes a conversion kit that is possessed in accordance with,

and disposed of as authorized by, the probate court, if the

disposition is otherwise permitted by this section.

(7) The possession of and sale or transfer of a conversion kit by

a person incident to relinquishing the conversion kit pursuant to

Section 31100.

(8) The transfer by a person authorized to possess a conversion

kit by this section to any licensed gun dealer for the purposes of

servicing or repair from any person who is legally entitled to

possess it pursuant to this section.

(9) The possession of a conversion kit by any licensed gun dealer

who received the conversion kit pursuant to paragraph (8).

(10) The transfer of possession of a conversion kit received by

any licensed gun dealer pursuant to paragraph (9) to a gunsmith for

purposes of accomplishing service or repair of that conversion kit. A

transfer is permissible only to the following persons:

(A) A gunsmith who is in the dealer's employ.

(B) A gunsmith with whom the dealer has contracted for gunsmithing

services.

(11) The transfer of possession of any conversion kit by any

person referred to in paragraph (10) to either the licensed gun

dealer from whom it was received or to a person otherwise referred to

in paragraph (10).

(12) The return of any conversion kit initially received by any

licensed gun dealer pursuant to this section to the person from whom

he or she received it if that recipient is legally entitled to

possess that conversion kit pursuant to this section.

(13) The possession of a conversion kit by the registered owner of

an assault weapon if the conversion kit is possessed at that person'

s residence, place of business, or other property owned by that

person.

(e) A violation of this section is punishable as follows:

(1) Where the person imports into this state, makes, sells, loans,

or transfers a conversion kit, that person shall be punished 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.

(2) In all cases not specified in paragraph (1), as a misdemeanor.

 

(f) This section shall become operative on July 1, 2013.

SEC. 3. Section 30800 of the Penal Code is amended to read:

30800. (a) (1) Except as provided in Article 2 (commencing with

Section 30600), possession of any assault weapon or of any .50 BMG

rifle in violation of this chapter is a public nuisance, solely for

purposes of this section and subdivision © of Section 18005.

(2) The Attorney General, any district attorney, or any city

attorney, may, in lieu of criminal prosecution, bring a civil action

or reach a civil compromise in any superior court to enjoin the

possession of the assault weapon or .50 BMG rifle that is a public

nuisance.

(B) Upon motion of the Attorney General, district attorney, or

city attorney, a superior court may impose a civil fine not to exceed

three hundred dollars ($300) for the first assault weapon or .50 BMG

rifle deemed a public nuisance pursuant to subdivision (a) and up to

one hundred dollars ($100) for each additional assault weapon or .50

BMG rifle deemed a public nuisance pursuant to subdivision (a).

© Any assault weapon or .50 BMG rifle deemed a public nuisance

under subdivision (a) shall be destroyed in a manner so that it may

no longer be used, except upon a finding by a court, or a declaration

from the Department of Justice, district attorney, or city attorney

stating that the preservation of the assault weapon or .50 BMG rifle

is in the interest of justice.

(d) Upon conviction of any misdemeanor or felony involving the

illegal possession or use of an assault weapon, the assault weapon

shall be deemed a public nuisance and disposed of pursuant to

subdivision © of Section 18005.

(e) This section shall become inoperative on July 1, 2013, and, as

of January 1, 2014, is repealed, unless a later enacted statute,

that becomes operative on or before January 1, 2014, deletes or

extends the dates on which it becomes inoperative and is repealed.

SEC. 4. Section 30800 is added to the Penal Code, to read:

30800. (a) (1) Except as provided in Article 2 (commencing with

Section 30600), possession of any assault weapon, any .50 BMG rifle,

or any conversion kit in violation of this chapter is a public

nuisance, solely for purposes of this section and subdivision © of

Section 18005.

(2) The Attorney General, any district attorney, or any city

attorney may, in lieu of criminal prosecution, bring a civil action

or reach a civil compromise in any superior court to enjoin the

possession of the assault weapon, .50 BMG rifle, or conversion kit

that is a public nuisance.

(B) (1) Upon motion of the Attorney General, district attorney, or

city attorney, a superior court may impose a civil fine not to

exceed three hundred dollars ($300) for the first assault weapon or .

50 BMG rifle deemed a public nuisance pursuant to subdivision (a) and

up to one hundred dollars ($100) for each additional assault weapon

or .50 BMG rifle deemed a public nuisance pursuant to subdivision

(a).

(2) Upon motion of the Attorney General, district attorney, or

city attorney, a superior court may impose a civil fine not to exceed

one hundred dollars ($100) for the first conversion kit deemed to be

a public nuisance pursuant to subdivision (a) and up to fifty

dollars ($50) for each additional conversion kit deemed to be a

public nuisance pursuant to subdivision (a).

© Any assault weapon, .50 BMG rifle, or conversion kit deemed a

public nuisance under subdivision (a) shall be destroyed in a manner

so that it may no longer be used, except upon a finding by a court,

or a declaration from the Department of Justice, district attorney,

or city attorney stating that the preservation of the assault weapon,

.50 BMG rifle, or conversion kit is in the interest of justice.

(d) Upon conviction of any misdemeanor or felony involving the

illegal possession or use of an assault weapon, the assault weapon

shall be deemed a public nuisance and disposed of pursuant to

subdivision © of Section 18005.

(e) Upon conviction of any misdemeanor involving the illegal

possession or use of a conversion kit, the conversion kit shall be

deemed a public nuisance and disposed of pursuant to subdivision ©

of Section 18005.

(f) This section shall become operative on July 1, 2013.

SEC. 5. Section 31100 of the Penal Code is amended to read:

31100. Any individual may arrange in advance to relinquish an

assault weapon, a .50 BMG rifle, or a conversion kit to a police or

sheriff's department. The assault weapon or .50 BMG rifle shall be

transported in accordance with Sections 16850 and 25610.

SEC. 6. No reimbursement is required by this act pursuant to

Section 6 of Article XIII 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 XIII B of the California

Constitution.

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I get the idea that Sen.Yee is just trying to find more stuff to throw at the wall and see what will stick. He seems to not have any better things to do but Harass Gun Owners. I myself do not own an AR-16,nor do I plan to buy one. But I am not going to stop Law Abiding folks from buying and owning one. The nearest Mil.Gun I own is a Beretta 92FS(M-9)

and I love it, but I am not in favor of the state telling us what we can and cannot own. This "bullet button" is legal,but Yee and other Gun hating folks want to make it a bad thing and then take your gun away with out paying you for it! I hope that Cal-Guns and the NRA shoot this down and wise up the Sac.crowd.

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I hope that Cal-Guns and the NRA shoot this down and wise up the Sac.crowd.

 

They never learn. And they don't want to learn either. If they submit 100 bills and one passes, they count that as a win. And, it is. It is one more chip out of our rights.

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I get the idea that Sen.Yee is just trying to find more stuff to throw at the wall and see what will stick. He seems to not have any better things to do but Harass Gun Owners. I myself do not own an AR-16,nor do I plan to buy one. But I am not going to stop Law Abiding folks from buying and owning one. The nearest Mil.Gun I own is a Beretta 92FS(M-9)

and I love it, but I am not in favor of the state telling us what we can and cannot own. This "bullet button" is legal,but Yee and other Gun hating folks want to make it a bad thing and then take your gun away with out paying you for it! I hope that Cal-Guns and the NRA shoot this down and wise up the Sac.crowd.

 

What do you expect Yee was born in China

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