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4x4Wire News-Bytes

4x4Wire News-Bytes features news and information about OHV recreation and environment issues around the nation. (Site registration required to post)
  1. John Stewart
  2. Shooting Sports
  3. Tuesday, January 03 2017, 10:36 AM
  4.  Subscribe via email

Here’s a short list of some very important things that California gun owners should keep in mind as they head into the new year.

1. On November 8, 2016, California voters enacted Proposition 63 (the “Safety for All Act”), sponsored by Lt. Gov. Gavin Newsom.

And, according to Article II, Section 10(a) of the California Constitution: “An initiative statute or referendum approved by a majority of votes thereon takes effect the day after the election unless the measure provides otherwise.”

Among other things, Proposition 63 amended Penal Code Sections 32310, 32400, 32405, 32410, 32425, 32435, 32450, added Section 32406, and repealed Section 32420 by initiative statute, which changed the law to totally prohibit and criminalize the possession of “large-capacity magazines” as of July 1, 2017.

You can see, for example, that Penal Code Section 32310 already reflects Prop 63 (as noted on the Leginfo website, “Amended November 8, 2016, by initiative Proposition 63, Sec. 6.1.”).

2. Seven new gun control bills will become law on January 1, 2017.

Here’s a quick run down of the California gun bills that Governor Jerry “Moonbeam” Brown signed into law in July:

  • AB 1135 (Levine): Bans common and constitutionally-protected firearms that have magazine locking devices (like the “Bullet Button”). Sister bill to SB 880.
  • SB 880 (Hall): Bans common and constitutionally-protected firearms that have magazine locking devices. Sister bill to AB 1135.
  • AB 1511 (Santiago): Criminalizes loaning of firearms between personally known, law-abiding adults, including family members, sportspersons, and competitors.
  • AB 1695 (Bonta): Makes a non-violent misdemeanor a prohibiting offense.
  • SB 1235 (de Leon): New restrictions on ammunition purchases and sellers; creates a DOJ database of ammunition owners.
  • SB 1446 (Hancock): Statewide confiscatory ban on all lawfully-possessed standard-capacity ammunition feeding devices that hold more than 10 round; exemption for retired police
  • AB 857 (Cooper) requires that serial numbers be placed on un-serialized firearms (in some cases going back at least 50 years) and on all new owner-assembled (“home-built)” firearms.

3. Some sections of California’s byzantine gun control laws might be even more confusing on January 1, 2017.

As noted above, Proposition 63 is already the law of the state.

And the California Constitution states that the Legislature may only “amend or repeal an initiative statute by another statute that becomes effective only when approved by the electors unless the initiative statute permits amendment or repeal without their approval.”  Cal. Cont. Art. II, Section 10(c).

Proposition 63 expressly provided that its provisions “may be amended [only] by a vote of 55 percent of the members of each house of the Legislature and signed by the Governor,” but only “so long as such amendments are consistent with and further the intent of this Act.”  California Proposition 63 (2016), § 13.

Why does this matter? Because some gun bills (SB 1446 and SB 1235 in particular) added to or changed some of the same sections of law that Proposition 63 did.

This might be a bit confusing, but hang in there:

1. In July, Governor Brown signed 7 new gun bills, including SB 1235 and SB 1446.

2. None of those were “urgency statutes” that immediately go into effect. So, the additions or changes in those bills don’t become statutes until January 1. (Cal. Const. Art. IV, § 8.)

3. Proposition 63 passed on November 8, went into effect (see part 1 of this post, above), and the statutes were added or changed accordingly.

4. On January 1, 2017, SB 1235 and SB 1446’s provisions will become statutes.

5. SB 1235 and SB 1446 were passed by “55 percent of the members of each house of the Legislature” and were “signed by the Governor.”

6. No one knows if Gavin Newsom, the DOJ, Legislative Counsel, and the Secretary of State all believe that SB 1235 and SB 1446’s “amendments” to the Proposition 63-enacted statutes are “consistent with and further the intent of” Proposition 63.

And there are significant differences between the respective bills’ statutory exemptions and the exemptions found in Proposition 63, as another example of how things might be more confusing going forward. In some cases, even the criminal liability and the dollar amount for fines are different.

Even worse is that, in some cases, there will be two different Penal Code sections with the same number.

Indeed, there are now two very slightly different Penal Code Section 30680. (Seriously.)

Section 30680, as added by AB 1135, states:

Section 30605 does not apply to the possession of an assault weapon by a person who has possessed the assault weapon prior to January 1, 2017, if all of the following are applicable:

(a) Prior to January 1, 2017, the person would have been eligible to register that assault weapon pursuant to subdivision (b) of Section 30900.

(b) The person lawfully possessed that assault weapon prior to January 1, 2017.

(c) The person registers the assault weapon by January 1, 2018, in accordance with subdivision (b) of Section 30900.

But the Section 30680 language added by SB 880 states:

Section 30605 does not apply to the possession of an assault weapon by a person who has possessed the assault weapon prior to January 1, 2017, if all of the following are applicable:

(a) Prior to January 1, 2017, the person was eligible to register that assault weapon pursuant to subdivision (b) of Section 30900.

(b) The person lawfully possessed that assault weapon prior to January 1, 2017.

(c) The person registers the assault weapon by January 1, 2018, in accordance with subdivision (b) of Section 30900.

 Read more at Firearms Policy Coalition

John Stewart Managing Editor - 4x4Voice - 4x4Wire - MUIRNet.net Natural Resources Consultant - California Four Wheel Drive Association - http://www.cal4wheel.com Board of Directors - BlueRibbon Coalition http://www.sharetrails.org

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