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:
- A semiautomatic, centerfire rifle that has the capacity to accept a detachable magazine and any one of the following:
- A pistol grip that protrudes conspicuously beneath the action of the weapon.
- A thumbhole stock.
- A folding or telescoping stock.
- A grenade launcher or flare launcher.
- A flash suppressor.
- A forward pistol grip.
- A semiautomatic, centerfire rifle that has a fixed magazine with the capacity to accept more than 10 rounds.
- A semiautomatic, centerfire rifle that has an overall length of less than 30 inches.
- A semiautomatic pistol that has the capacity to accept a detachable magazine and any one of the following:
- A threaded barrel, capable of accepting a flash suppressor, forward handgrip, or silencer.
- (B) A second handgrip.
- 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.
- The capacity to accept a detachable magazine at some location outside of the pistol grip.
- A semiautomatic pistol with a fixed magazine that has the capacity to accept more than 10 rounds.
- A semiautomatic shotgun that has both of the following:
- A folding or telescoping stock.
- A pistol grip that protrudes conspicuously beneath the action of the weapon, thumbhole stock, or vertical handgrip.
- A semiautomatic shotgun that has the ability to accept a detachable magazine.
- Any shotgun with a revolving cylinder.
- "Assault weapon" does not include any antique firearm.
- The following definitions shall apply under this section:
- "Magazine" shall mean any ammunition feeding device.
- "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.
- "Antique firearm" means any firearm manufactured prior to January 1, 1899.
- This section shall become operative January 1, 2000.