CAL. PEN. CODE § 12276.1 : California Code - Section 12276.1

Search CAL. PEN. CODE § 12276.1 : California Code - Section 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:

(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 has the capacity to accept a detachable magazine and 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 his or her 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)The Legislature finds a significant public purpose in exempting pistols that are designed expressly for use in Olympic target shooting events. Therefore, those pistols that are sanctioned by the International Olympic Committee and by USA Shooting, the national governing body for international shooting competition in the United States, and that are used for Olympic target shooting purposes at the time the act adding this subdivision is enacted, and that would otherwise fall within the definition of "assault weapon" pursuant to this section are exempt, as provided in subdivision (c).

(c)"Assault weapon" does not include either of the following:

(1)Any antique firearm.

(2)Any of the following pistols, because they are consistent with the significant public purpose expressed in subdivision (b):

MANUFACTURER	MODEL	CALIBER
BENELLI	MP90	.22LR
BENELLI	MP90	.32 S&W LONG
BENELLI	MP95	.22LR
BENELLI	MP95	.32 S&W LONG
HAMMERLI	280	.22LR
HAMMERLI	280	.32 S&W LONG
HAMMERLI	SP20	.22LR
HAMMERLI	SP20	.32 S&W LONG
PARDINI	GPO	.22 SHORT
PARDINI	GP-SCHUMANN	.22 SHORT
PARDINI	HP	.32 S&W LONG
PARDINI	MP	.32 S&W LONG
PARDINI	SP	.22LR
PARDINI	SPE	.22LR
WALTHER	GSP	.22LR
WALTHER	GSP	.32 S&W LONG
WALTHER	OSP	.22 SHORT
WALTHER	OSP-2000	.22 SHORT

(3)The Department of Justice shall create a program that is consistent with the purposes stated in subdivision (b) to exempt new models of competitive pistols that would otherwise fall within the definition of "assault weapon" pursuant to this section from being classified as an assault weapon. The exempt competitive pistols may be based on recommendations by USA Shooting consistent with the regulations contained in the USA Shooting Official Rules or may be based on the recommendation or rules of any other organization that the department deems relevant.

(d)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.

(e)This section shall become operative January 1, 2000.