What many pro-gun groups were calling Gunpocalypse has happened, on Friday July 1st, a mere 3 days before we celebrate the birth of a free nation, California Governor Jerry Brown reminded us all that California is no longer part of that free nation.
The California legislature spent most of the year working on ways to disarm the law abiding citizens of California rather than working on bills that would increase jobs or make us safer, and sent 12 anti-gun bills to the Governor on Thursday knowing that he would be leaving the state for his planned vacation late Friday and would need to act on them immediately. So the Governor signed 6 bills, but he picked the worst ones to sign, so there really is no relief except that most of these will be fought in the courts.
Assault Weapons in California
The two new bills passed change what an assault weapon is according to Section 30515 of the Ca. Penal Code. The bills re-write the previous statute of assault weapons in such a manner that a handed down M1 Carbine is now an assault weapon and thus no longer able to be handed down in a family.
AB 1135 by Assembly Member Marc B. Levine (D-Marin County) – This was originally a bill about groundwater and was stripped of its content to fast track the anti-gun bill. The bill revises the definition of “assault weapon” to mean any semiautomatic centerfire rifle, or a semiautomatic pistol that does not have a fixed magazine but has any ONE of those specified attributes amended in and listed in Section 30515 of the Penal Code.
The bill also redefines “fixed magazine” such a manner that the magazine cannot be removed without disassembly of the firearm action. By changing the definition of what is an illegal weapon, any person who possesses such an assault weapon, can be punished as a felony in this state.
SB 880 by Senator Isadore Hall III (D-Compton) – Makes it a felony to possess any semiautomatic centerfire rifle or a semiautomatic pistol that has the capacity to accept a detachable magazine and has any one of specified attributes amended in and listed in Section 30515 of the Penal Code.
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 has the ability to accept a detachable magazine.
(8) Any shotgun with a revolving cylinder.
(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.
It would probably use less ink to simply describe what isn’t an assault weapon in California now. And of course the state will charge a fee for registration on top of the fees you already paid when you purchased the firearms.
Magazines that hold more than 10 rounds have been banned from sale or import for many years, but possession was not and existing magazines were considered “grandfathered” in. Not anymore.
SB 1446 by Senator Loni Hancock (D-Berkeley) –Any person in this state who possesses any standard-capacity magazine capable of holding more than 10 rounds, is guilty of an infraction punishable by a fine not to exceed one hundred dollars ($100) upon the first offense, by a fine not to exceed two hundred fifty dollars ($250) upon the second offense, and by a fine not to exceed five hundred dollars ($500) upon the third or subsequent offense.
Any person in this state who manufactures or causes to be manufactured, imports into the state, keeps for sale, or offers or exposes for sale, or who gives, lends, buys, or receives any large-capacity magazine is punishable by imprisonment in a county jail not exceeding one year or imprisonment pursuant to subdivision (h) of Section 1170.
A person who, prior to July 1, 2017, legally possesses a standard-capacity magazine shall dispose of that magazine by any of the following means: Sell the magazine to a licensed firearms dealer, destroy the magazine, surrender the magazine to a law enforcement agency or remove the magazine from the state.
Loaning Firearms to Your Friends Is Now Illegal
AB 1511 by Assembly Member Miguel Santiago (D-Los Angeles) – Another bill that was stripped of its previous content that dealt with energy conservation and turned into an anti-gun bill in order to get through the legislature faster. It now criminalizes the loaning of firearms between personally known, law-abiding adults, including sportsmen and hunters.
This bill would instead limit the loan of a firearm to a spouse or registered domestic partner, or to a parent, child, sibling, grandparent, or grandchild, related as specified. Any other loan must go through a licensed firearms dealer and must not exceed 30 days.
This law is so purposely vague that simply offering a friend the opportunity to shoot your rifle or handgun could be a criminal violation.
More Ways to Lose Your Second Amendment Rights
AB 1695 by Assembly Member Rob Bonita (D-Oakland) – Existing law makes it a misdemeanor to make a false report to a peace officer, or to a person who is employed by a law enforcement agency, as specified, that a felony or misdemeanor has been committed, knowing the report to be false.
This bill would make that prohibition applicable to a person who reports to certain individuals and peace officers that a firearm has been lost or stolen, knowing the report to be false. The bill would also make it a misdemeanor for a person convicted of violating this provision to own a firearm within 10 years of the conviction.
Called the “Stop Illegal Gun Sales Act” Assembly Member Bonita feels that this will stop straw buyers from selling guns and then reporting them stolen. The obvious flaw in this is that you would still need to prove that the theft was false before restricting the person’s rights.
SB 1235 by Senator Kevin De León (D-Los Angeles) – Senator “Ghost Gun” strikes again with this 9,977-word law requiring anyone wishing to purchase ammunition to have a background check and acquire a license to purchase ammunition, all for extra fees, of course. This bill also makes it a crime to purchase ammunition from any out of state source or to loan ammunition to another person. The Attorney General shall establish and maintain an online database to be known as the Prohibited Armed Persons File.
The file shall also be used to cross-reference persons who attempt to acquire ammunition to determine if those persons fall within a class of persons who are prohibited from owning or possessing ammunition. Only an ammunition vendor who is licensed by the Department of Justice shall be authorized to sell ammunition in this state. This bill requires the Department of Justice to create and issue ammunition vendor licenses for business wishing to sell ammunition.
An ammunition vendor shall not sell or otherwise transfer ownership of any ammunition without, at the time of delivery, legibly recording the following information on a form to
be prescribed by the Department of Justice:
(1) The date of the sale or other transfer.
(2) The purchaser’s or transferee’s driver’s license or other identification number and the state in which it was issued.
(3) The brand, type, and amount of ammunition sold or otherwise transferred.
(4) The purchaser’s or transferee’s full name and signature.
(5) The name of the salesperson who processed the sale or other transaction.
(6) The purchaser’s or transferee’s full residential address and telephone number.
(7) The purchaser’s or transferee’s date of birth.
(b) Commencing July 1, 2019, an ammunition vendor shall electronically submit to the department the information required by subdivision (a) for all sales and transfers of ownership of ammunition. The department shall retain this information in a database to be known as the Ammunition Purchase Records File. The department shall electronically approve the purchase or transfer of all ammunition through a vendor, as defined in Section 16151, except as otherwise specified. This approval shall occur at the time of purchase or transfer, prior to the purchaser or transferee taking possession of the ammunition.
Who doesn’t see this as the government controlling ever single round you shoot. You can bet the system will trigger and highlight those of us who shoot often or even those of us with guns who purchase no ammo as a target for what is now illegal out of state purchases.
Violation of any of the 19 sections of this bill will result in being guilty of a misdemeanor, punishable by imprisonment in a county jail not exceeding one year, or a fine not exceeding one thousand dollars ($1,000), or by both that fine and imprisonment.
So if you go shooting in Arizona or Nevada and purchase ammo there, be sure to use it all, because cross back into California with even a single out of state purchased cartridge could land you in jail and cost you one thousand dollars.
Welcome to Kalifornia!