SB649 - Firearms: silencers.

Amended IN Senate March 24, 2025 CALIFORNIA LEGISLATURE— 2025–2026 REGULAR SESSION Senate Bill No. 649 Introduced by Senator Alvarado-Gil February 20, 2025 An act to amend Section 679.01 of Section 22949.61 of the Business and Professions Code, and to amend Sections 1203, 18005, 30515, 33410, and 33415 of, and to amend and renumber Section 17210 of, the Penal Code, relating to criminal law. firearms. LEGISLATIVE COUNSEL'S DIGEST SB 649, as amended, Alvarado-Gil. Criminal law: rights of victims and witnesses of crimes. Firearms: silencers. Existing law generally regulates deadly weapons, including assault weapons. Existing law defines an assault weapon, including, among others, as a semiautomatic centrefire firearm, as specified, that has a threaded barrel capable of accepting a silencer. Existing law defines a silencer, among others, as any device or attachment intended to muffle the sound of a firearm. Existing law makes it a felony for any person, firm, or corporation to possess a silencer for a firearm. Existing law exempts specified actions from those provisions, including the manufacture, possession, transportation, or sale or other transfer of a silencer to specified law enforcement agencies and military or naval forces by dealers or manufacturers registered under federal law. Existing law authorizes a court to sentence an eligible person convicted of a felony to probation. Existing law prohibits granting probation in specified circumstances, including if the person possesses a silencer. Existing law requires any weapon, including a firearm and any attachments, that was carried unlawfully for specified crimes to be surrendered to specified law enforcement entities. Existing law requires weapons surrendered pursuant to these provisions to be destroyed by the law enforcement entity. This bill would replace the term “silencer” with the term “suppressor” in the above provisions. Existing law declares the intent of the Legislature to ensure that all victims and witnesses of crimes, as defined, are treated with dignity, respect, courtesy, and sensitivity. Existing law enumerates the rights of victims and witnesses of crimes, including, but not limited to, the right to be informed by a prosecuting attorney of the final disposition of a case. This bill would make technical, nonsubstantive changes to a related provision. Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO Bill Text The people of the State of California do enact as follows: SECTION 1. Section 22949.61 of the Business and Professions Code is amended to read: 22949.61. For purposes of this chapter, the following definitions shall apply: (a) “.50 BMG rifle” means a center fire rifle that can fire a .50 BMG cartridge and is not already an assault weapon or a machinegun. “.50 BMG rifle” does not include any antique firearm, nor any curio or relic, as defined in Section 478.11 of Title 27 of the Code of Federal Regulations. (b) (1) “Assault weapon” means the following designated semiautomatic firearms: (A) All of the following specified rifles: (i) All AK series, including, but not limited to, the models identified as follows: (I) Made in China AK, AKM, AKS, AK47, AK47S, 56, 56S, 84S, and 86S. (II) Norinco 56, 56S, 84S, and 86S. (III) Poly Technologies AKS and AK47. (IV) MAADI AK47 and ARM. (ii) UZI and Galil. (iii) Beretta AR-70. (iv) CETME Sporter. (v) Colt AR-15 series. (vi) Daewoo K-1, K-2, Max 1, Max 2, AR 100, and AR 110C. (vii) Fabrique Nationale FAL, LAR, FNC, 308 Match, and Sporter. (viii) MAS 223. (ix) HK-91, HK-93, HK-94, and HK-PSG-1. (x) The following MAC types: (I) RPB Industries Inc. sM10 and sM11. (II) SWD Incorporated M11. (xi) SKS with detachable magazine. (xii) SIG AMT, PE-57, SG 550, and SG 551. (xiii) Springfield Armory BM59 and SAR-48. (xiv) Sterling MK-6. (xv) Steyer AUG. (xvi) Valmet M62S, M71S, and M78S. (xvii) Armalite AR-180. (xviii) Bushmaster Assault Rifle. (xix) Calico M-900. (xx) J&R ENG M-68. (xxi) Weaver Arms Nighthawk. (B) All of the following specified pistols: (i) UZI. (ii) Encom MP-9 and MP-45. (iii) The following MAC types: (I) RPB Industries Inc. sM10 and sM11. (II) SWD Incorporated M-11. (III) Advance Armament Inc. M-11. (IV) Military Armament Corp. Ingram M-11. (V) Intratec TEC-9. (VI) Sites Spectre. (VII) Sterling MK-7. (VIII) Calico M-950. (IX) Bushmaster Pistol. (C) All of the following specified shotguns: (i) Franchi SPAS 12 and LAW 12. (ii) Striker 12. (iii) The Streetsweeper type S/S Inc. SS/12. (D) Any firearm declared to be an assault weapon by the court pursuant to former Section 12276.5 of the Penal Code, as it read in Section 3 of Chapter 19 of the Statutes of 1989, Section 1 of Chapter 874 of the Statutes of 1990, or Section 3 of Chapter 954 of the Statutes of 1991, which is specified as an assault weapon in a list promulgated pursuant to former Section 12276.5 of the Penal Code, as it read in Section 3 of Chapter 954 of the Statutes of 1991. (E) Any firearm included in the list promulgated by the Attorney General pursuant to former Section 12276.5 of the Penal Code, as it read in Section 3 of Chapter 954 of the Statutes of 1991, and any other models that are only variations of those weapons with minor differences, regardless of the manufacturer. The Legislature has defined assault weapons as the types, series, and models listed in this paragraph because it was the most effective way to identify and restrict a specific class of semiautomatic weapons. (F) As used in this paragraph, “series” includes all other models that are only variations, with minor differences, of those models listed in subparagraph (A), regardless of the manufacturer. (2) (A) Notwithstanding paragraph (1), “assault weapon” also means any of the following: (i) A semiautomatic, centerfire rifle that does not have a fixed magazine but has any one of the following: (I) A pistol grip that protrudes conspicuously beneath the action of the weapon. (II) A thumbhole stock. (III) A folding or telescoping stock. (IV) A grenade launcher or flare launcher. (V) A flash suppressor. (VI) A forward pistol grip. (ii) A semiautomatic, centerfire rifle that has a fixed magazine with the capacity to accept more than 10 rounds. (iii) A semiautomatic, centerfire rifle that has an overall length of less than 30 inches. (iv) A semiautomatic pistol that does not have a fixed magazine but has any one of the following: (I) A threaded barrel, capable of accepting a flash suppressor, forward handgrip, or silencer. suppressor. (II) A second handgrip. (III) A shroud that is attached to, or partially or completely encircles, the barrel that allows the bearer to fire the weapon without burning the bearer’s hand, except a slide that encloses the barrel. (IV) The capacity to accept a detachable magazine at some location outside of the pistol grip. (v) A semiautomatic pistol with a fixed magazine that has the capacity to accept more than 10 rounds. (vi) A semiautomatic shotgun that has both of the following: (I) A folding or telescoping stock. (II) A pistol grip that protrudes conspicuously beneath the action of the weapon, thumbhole stock, or vertical handgrip. (vii) A semiautomatic shotgun that does not have a fixed magazine. (viii) Any shotgun with a revolving cylinder. (ix) A semiautomatic, centerfire firearm that is not a rifle, pistol, or shotgun, that does not have a fixed magazine, but that has any one of the following: (I) A pistol grip that protrudes conspicuously beneath the action of the weapon. (II) A thumbhole stock. (III) A folding or telescoping stock. (IV) A grenade launcher or flare launcher. (V) A flash suppressor. (VI) A forward pistol grip. (VII) A threaded barrel, capable of accepting a flash suppressor, forward handgrip, or silencer. suppressor. (VIII) A second handgrip. (IX) A shroud that is attached to, or partially or completely encircles, the barrel that allows the bearer to fire the weapon without burning the bearer’s hand, except a slide that encloses the barrel. (X) The capacity to accept a detachable magazine at some location outside of the pistol grip. (x) A semiautomatic, centerfire firearm that is not a rifle, pistol, or shotgun, that has a fixed magazine with the capacity to accept more than 10 rounds. (xi) A semiautomatic, centerfire firearm that is not a rifle, pistol, or shotgun, that has an overall length of less than 30 inches. (B) For purposes of this paragraph, “fixed magazine” means an ammunition feeding device contained in, or permanently attached to, a firearm in such a manner that the device cannot be removed without disassembly of the firearm action. (C) The Legislature finds a significant public purpose in exempting from the definition of “assault weapon” 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 were used for Olympic target shooting purposes as of January 1, 2001, and that would otherwise fall within the definition of “assault weapon” pursuant to this section are exempt, as provided in subparagraph (D). (D) “Assault weapon” does not include either of the following: (i) Any antique firearm. (ii) Any of the following pistols, because they are consistent with the significant public purpose expressed in subparagraph (C): 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 (c) “Federally regulated firearm precursor part” means any firearm precursor part deemed to be a firearm pursuant to Chapter 44 (commencing with Section 921) of Title 18 of the United States Code and regulations issued pursuant thereto, and that has been imprinted with a serial number by a federal licensee authorized to serialize firearms in compliance with all applicable federal laws and regulations. (d) “Firearm” means a device, designed to be used as a weapon, from which is expelled through a barrel, a projectile by the force of an explosion or other form of combustion. (e) (1) “Firearm precursor part” means any forging, casting, printing, extrusion, machined body, or similar article that has reached a stage in manufacture where it may readily be completed, assembled or converted to be used as the frame or receiver of a functional firearm, or that is marketed or sold to the public to become or be used as the frame or receiver of a functional firearm once completed, assembled, or converted. (2) Firearm parts that can only be used on antique firearms, as defined in subdivision (c) of Section 16170 of the Penal Code, are not firearm precursor parts. (f) “Unserialized firearm” means a firearm that does not have a serial number as required by law or has had its serial number altered or obliterated. SEC. 2. Section 1203 of the Penal Code is amended to read: 1203. (a) As used in this code, “probation” means the suspension of the imposition or execution of a sentence and the order of conditional and revocable release in the community under the supervision of a probation officer. As used in this code, “conditional sentence” means the suspension of the imposition or execution of a sentence and the order of revocable release in the community subject to conditions established by the court without the supervision of a probation officer. It is the intent of the Legislature that both conditional sentence and probation are authorized whenever probation is authorized in any code as a sentencing option for infractions or misdemeanors. (b) (1) Except as provided in subdivision (j), if a person is convicted of a felony and is eligible for probation, before judgment is pronounced, the court shall immediately refer the matter to a probation officer to investigate and report to the court, at a specified time, upon the circumstances surrounding the crime and the prior history and record of the person, which may be considered either in aggravation or mitigation of the punishment. (2) (A) The probation officer shall immediately investigate and make a written report to the court containing findings and recommendations, including recommendations as to the granting or denying of probation and the conditions of probation, if granted. (B) Pursuant to Section 828 of the Welfare and Institutions Code, the probation officer shall include in the report any information gathered by a law enforcement agency relating to the taking of the defendant into custody as a minor, which shall be considered for purposes of determining whether adjudications of commissions of crimes as a juvenile warrant a finding that there are circumstances in aggravation pursuant to Section 1170 or to deny probation. (C) If the person was convicted of an offense that requires that person to register as a sex offender pursuant to Sections 290 to 290.023, inclusive, or if the probation report recommends that registration be ordered at sentencing pursuant to Section 290.006, the probation officer’s report shall include the results of the State-Authorized Risk Assessment Tool for Sex Offenders (SARATSO) administered pursuant to Sections 290.04 to 290.06, inclusive, if applicable. (D) The probation officer may also include in the report recommendations for both of the following: (i) The amount the defendant should be required to pay as a restitution fine pursuant to subdivision (b) of Section 1202.4. (ii) Whether the court shall require, as a condition of probation, restitution to the victim or to the Restitution Fund and the amount thereof. (E) The report shall be made available to the court and the prosecuting and defense attorneys at least five days, or upon request of the defendant or prosecuting attorney nine days, prior to the time fixed by the court for the hearing and determination of the report, and shall be filed with the clerk of the court as a record in the case at the time of the hearing. The time within which the report shall be made available and filed may be waived by written stipulation of the prosecuting and defense attorneys that is filed with the court or an oral stipulation in open court that is made and entered upon the minutes of the court. (3) At a time fixed by the court, the court shall hear and determine the application, if one has been made, or, in any case, the suitability of probation in the particular case. At the hearing, the court shall consider any report of the probation officer, including the results of the SARATSO, if applicable, and shall make a statement that it has considered the report, which shall be filed with the clerk of the court as a [Text truncated for display. Full text available on Congress.gov.]