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Senate Bill 23 Assault Weapon Characteristics

Effective January 1, 2000, Senate Bill 23, Statutes of 1999, establishes new criteria for defining assault weapons based on generic characteristics. This bill allows and requires persons who own/possess firearms that fall under the new "assault weapon" definition to register those firearms with the Department of Justice during the one-year period between January 1, 2000 and December 31, 2000. Effective January 1, 2000, this bill adds Penal Code Section 12276.1 to the Penal Code as follows.

  • 12276.1 (a) Notwithstanding Section 12276, "assault weapon" shall also mean any of the following:
    1. A semiautomatic, centerfire rifle that has the capacity to accept a detachable magazine and any one of the following:
      1. A pistol grip that protrudes conspicuously beneath the action of the weapon.
      2. A thumbhole stock.
      3. A folding or telescoping stock.
      4. A grenade launcher or flare launcher.
      5. A flash suppressor.
      6. 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 has the capacity to accept a detachable magazine and any one of the following:
      1. A threaded barrel, capable of accepting a flash suppressor, forward handgrip, or silencer.
      2. (B) A second handgrip.
      3. A shroud that is attached to, or partially or completely encircles, the barrel that allows the bearer to fire the weapon without burning his or her hand, except a slide that encloses the barrel.
      4. 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:
      1. A folding or telescoping stock.
      2. 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.
      1. "Assault weapon" does not include any antique firearm.
      2. The following definitions shall apply under this section:
        1. "Magazine" shall mean any ammunition feeding device.
        2. "Capacity to accept more than 10 rounds" shall mean capable of accommodating more than 10 rounds, but shall not be construed to include a feeding device that has been permanently altered so that it cannot accommodate more than 10 rounds.
        3. "Antique firearm" means any firearm manufactured prior to January 1, 1899.
      3. This section shall become operative January 1, 2000.

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