AB 1471: Firearms: silencers.
- Session Year: 2017-2018
- House: Assembly
- Latest Version Date: 2017-05-03
Existing law generally makes it a felony for any person, firm, or corporation to possess a silencer within this state. Existing law exempts from that prohibition the sale to, purchase by, or possession by certain law enforcement agencies of a silencer for use in the discharge of their official duties, or possession by peace officers employed by those law enforcement agencies.
This bill would make the crime of possessing a silencer inapplicable to the sale to, purchase by, or possession by the Department of the California Highway Patrol, the Department of Fish and Wildlife, and the Department of Corrections and Rehabilitation, the possession by peace officers employed by those agencies, or the sale or other transfer in interstate or foreign commerce by registered dealers or manufacturers when the sale or other transfer is in accordance with federal law.
Existing law generally makes it a felony for any person, firm, or corporation to possess a silencer within this state. Existing law exempts from that prohibition the sale to, purchase by, or possession by certain law enforcement agencies of a silencer for use in the discharge of their official duties, or possession by peace officers employed by those law enforcement agencies.
This bill would make the crime of possessing a silencer inapplicable to the sale to, purchase by, or possession by the Department of the California Highway Patrol, the Department of Fish and Wildlife, and the Department of Corrections and Rehabilitation, the possession by peace officers employed by those agencies, or the sale or other transfer in interstate or foreign commerce by registered dealers or manufacturers when the sale or other transfer is in accordance with federal law.
Existing law generally makes it a felony for any person, firm, or corporation to possess a silencer within this state. Existing law exempts from that prohibition the sale to, purchase by, or possession by certain law enforcement agencies of a silencer for use in the discharge of their official duties, or possession by peace officers employed by those law enforcement agencies.
This bill would make the crime of possessing a silencer inapplicable to the sale to, purchase by, or possession by the Department of the California Highway Patrol, the Department of Fish and Wildlife, and the Department of Corrections and Rehabilitation, the possession by peace officers employed by those agencies, or the sale or other transfer in interstate or foreign commerce by registered dealers or manufacturers when the sale or other transfer is in accordance with federal law.
Section 33410 does not apply to, or affect, any of the following:
(a)The sale to, purchase by, or possession of silencers by an agency listed in Section 830.1, the Department of the California Highway Patrol, the Department of Corrections and Rehabilitation, the Department of Fish and Wildlife, or the military or naval forces of this state or of the United States, for use in the discharge of their official duties.
(b)The possession of silencers by regular, salaried, full-time peace officers who are employed by an agency listed in Section 830.1, the Department of the California Highway Patrol, the Department of Corrections and Rehabilitation, or the Department of Fish and Wildlife, or by the military or naval forces of this state or of the United States, when on duty and when the use of silencers is authorized by the agency and is within the course and scope of their duties.
(c)The manufacture, possession, transportation, or sale or other transfer of silencers to an entity described in subdivision (a) by dealers or manufacturers registered under Chapter 53 (commencing with Section 5801) of Title 26 of the United States Code and the regulations issued pursuant thereto.
(d)The sale or other transfer of silencers in interstate or foreign commerce by dealers or manufacturers described in subdivision (c) when the sale or other transfer is in accordance with federal law.
Section 33410 shall does not apply to, or affect, any of the following:
(a)The sale to, purchase by, or possession of silencers by an agency listed in Section 830.1, the Department of the California Highway Patrol, the Department of Corrections and Rehabilitation, the Department of Fish and Wildlife, or the military or naval forces of this state or of the United States, for use in the discharge of their official duties.
(b)The possession of silencers by regular, salaried, full-time peace officers who are employed by an agency listed in Section 830.1, the Department of the California Highway Patrol, the Department of Corrections and Rehabilitation, or the Department of Fish and Wildlife, or by the military or naval forces of this state or of the United States, when on duty and when the use of silencers is authorized by the agency and is within the course and scope of their duties.
(c)The manufacture, possession, transportation, or sale or other transfer of silencers to an entity described in subdivision (a) by dealers or manufacturers registered under Chapter 53 (commencing with Section 5801) of Title 26 of the United States Code and the regulations issued pursuant thereto.
(d)The sale or other transfer of silencers in interstate or foreign commerce by dealers or manufacturers described in subdivision (c) when the sale or other transfer is in accordance with federal law.
Section 33410 shall not apply to, or affect, any of the following:
(a)The sale to, purchase by, or possession of silencers by agencies an agency listed in Section 830.1, the Department of the California Highway Patrol, the Department of Corrections and Rehabilitation, the Department of Fish and Wildlife, or the military or naval forces of this state or of the United States, for use in the discharge of their official duties.
(b)The possession of silencers by regular, salaried, full-time peace officers who are employed by an agency listed in Section 830.1, the Department of the California Highway Patrol, the Department of Corrections and Rehabilitation, the Department of Fish and Wildlife, or by the military or naval forces of this state or of the United States, when on duty and when the use of silencers is authorized by the agency and is within the course and scope of their duties.
(c)The manufacture, possession, transportation, or sale or other transfer of silencers to an entity described in subdivision (a) by dealers or manufacturers registered under Chapter 53 (commencing with Section 5801) of Title 26 of the United States Code and the regulations issued pursuant thereto.
(d)The sale or other transfer of silencers in interstate or foreign commerce by dealers or manufacturers described in subdivision (c) when the sale or other transfer is in accordance with federal law.
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Date
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Status
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| Feb 1, 2018 | From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. |
| Jan 31, 2018 | Died pursuant to Art. IV, Sec. 10(c) of the Constitution. |
| May 4, 2017 | Re-referred to Com. on PUB. S. |
| May 3, 2017 | From committee chair, with author's amendments: Amend, and re-refer to Com. on PUB. S. Read second time and amended. |
| Apr 26, 2017 | Re-referred to Com. on PUB. S. |
| Apr 25, 2017 | From committee chair, with author's amendments: Amend, and re-refer to Com. on PUB. S. Read second time and amended. |
| Apr 18, 2017 | In committee: Set, first hearing. Hearing canceled at the request of author. |
| Mar 13, 2017 | Referred to Com. on PUB. S. |
| Feb 19, 2017 | From printer. May be heard in committee March 21. |
| Feb 17, 2017 | Read first time. To print. |
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Bill Co-Author(s):
