California 2017-2018 Regular Session

California Senate Bill SB221 Latest Draft

Bill / Enrolled Version Filed 09/04/2018

                            Enrolled  September 04, 2018 Passed IN  Senate  August 30, 2018 Passed IN  Assembly  August 27, 2018 Amended IN  Assembly  May 17, 2018 Amended IN  Senate  January 03, 2018 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Senate Bill No. 221Introduced by Senator Wiener(Principal coauthor: Assembly Member Ting)(Coauthor: Senator Hill)(Coauthors: Assembly Members Chiu, Berman, and Mullin)February 02, 2017An act to add Section 4132 to the Food and Agricultural Code, relating to agricultural districts.LEGISLATIVE COUNSEL'S DIGESTSB 221, Wiener. Agricultural District 1-A: firearm and ammunition sales at the Cow Palace.Existing law generally regulates the transfer of firearms and divides the state into agricultural districts. District 1-A is the County of San Mateo and the City and County of San Francisco. A violation of the statutes governing agricultural districts is generally a misdemeanor.This bill would, on and after January 1, 2020, prohibit the sale of firearms and ammunition at the Cow Palace located in District 1-A, as specified, and would thereby make a violation of that prohibition a misdemeanor. The bill would exclude from its provisions a gun buy-back event held by a law enforcement agency.By creating a new crime, this bill would impose a state-mandated local program.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that no reimbursement is required by this act for a specified reason.Digest Key Vote: MAJORITY  Appropriation: NO  Fiscal Committee: YES  Local Program: YES Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 4132 is added to the Food and Agricultural Code, to read:4132. (a) Notwithstanding any other law, no officer, employee, operator, or any lessee of District 1-A, as defined in Section 3853, may contract for, authorize, or allow the sale of any firearm or ammunition on the property or in the buildings that comprise the Cow Palace property in San Mateo County and the City and County of San Francisco or any successor or additional property owned, leased, or otherwise occupied or operated by the district.(b) For purposes of this section:(1) The definition of firearm means the term as included in Section 12001 of the Penal Code.(2) The term ammunition includes assembled ammunition for use in a firearm and components of ammunition, including smokeless and black powder, and any projectile capable of being fired from a firearm with deadly consequence.(c) This section does not apply to a gun buy-back event held by a law enforcement agency.(d) This section shall become operative on January 1, 2020.SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.

 Enrolled  September 04, 2018 Passed IN  Senate  August 30, 2018 Passed IN  Assembly  August 27, 2018 Amended IN  Assembly  May 17, 2018 Amended IN  Senate  January 03, 2018 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Senate Bill No. 221Introduced by Senator Wiener(Principal coauthor: Assembly Member Ting)(Coauthor: Senator Hill)(Coauthors: Assembly Members Chiu, Berman, and Mullin)February 02, 2017An act to add Section 4132 to the Food and Agricultural Code, relating to agricultural districts.LEGISLATIVE COUNSEL'S DIGESTSB 221, Wiener. Agricultural District 1-A: firearm and ammunition sales at the Cow Palace.Existing law generally regulates the transfer of firearms and divides the state into agricultural districts. District 1-A is the County of San Mateo and the City and County of San Francisco. A violation of the statutes governing agricultural districts is generally a misdemeanor.This bill would, on and after January 1, 2020, prohibit the sale of firearms and ammunition at the Cow Palace located in District 1-A, as specified, and would thereby make a violation of that prohibition a misdemeanor. The bill would exclude from its provisions a gun buy-back event held by a law enforcement agency.By creating a new crime, this bill would impose a state-mandated local program.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that no reimbursement is required by this act for a specified reason.Digest Key Vote: MAJORITY  Appropriation: NO  Fiscal Committee: YES  Local Program: YES 

 Enrolled  September 04, 2018 Passed IN  Senate  August 30, 2018 Passed IN  Assembly  August 27, 2018 Amended IN  Assembly  May 17, 2018 Amended IN  Senate  January 03, 2018

Enrolled  September 04, 2018
Passed IN  Senate  August 30, 2018
Passed IN  Assembly  August 27, 2018
Amended IN  Assembly  May 17, 2018
Amended IN  Senate  January 03, 2018

 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION

Senate Bill No. 221

Introduced by Senator Wiener(Principal coauthor: Assembly Member Ting)(Coauthor: Senator Hill)(Coauthors: Assembly Members Chiu, Berman, and Mullin)February 02, 2017

Introduced by Senator Wiener(Principal coauthor: Assembly Member Ting)(Coauthor: Senator Hill)(Coauthors: Assembly Members Chiu, Berman, and Mullin)
February 02, 2017

An act to add Section 4132 to the Food and Agricultural Code, relating to agricultural districts.

LEGISLATIVE COUNSEL'S DIGEST

## LEGISLATIVE COUNSEL'S DIGEST

SB 221, Wiener. Agricultural District 1-A: firearm and ammunition sales at the Cow Palace.

Existing law generally regulates the transfer of firearms and divides the state into agricultural districts. District 1-A is the County of San Mateo and the City and County of San Francisco. A violation of the statutes governing agricultural districts is generally a misdemeanor.This bill would, on and after January 1, 2020, prohibit the sale of firearms and ammunition at the Cow Palace located in District 1-A, as specified, and would thereby make a violation of that prohibition a misdemeanor. The bill would exclude from its provisions a gun buy-back event held by a law enforcement agency.By creating a new crime, this bill would impose a state-mandated local program.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that no reimbursement is required by this act for a specified reason.

Existing law generally regulates the transfer of firearms and divides the state into agricultural districts. District 1-A is the County of San Mateo and the City and County of San Francisco. A violation of the statutes governing agricultural districts is generally a misdemeanor.

This bill would, on and after January 1, 2020, prohibit the sale of firearms and ammunition at the Cow Palace located in District 1-A, as specified, and would thereby make a violation of that prohibition a misdemeanor. The bill would exclude from its provisions a gun buy-back event held by a law enforcement agency.

By creating a new crime, this bill would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.

## Digest Key

## Bill Text

The people of the State of California do enact as follows:SECTION 1. Section 4132 is added to the Food and Agricultural Code, to read:4132. (a) Notwithstanding any other law, no officer, employee, operator, or any lessee of District 1-A, as defined in Section 3853, may contract for, authorize, or allow the sale of any firearm or ammunition on the property or in the buildings that comprise the Cow Palace property in San Mateo County and the City and County of San Francisco or any successor or additional property owned, leased, or otherwise occupied or operated by the district.(b) For purposes of this section:(1) The definition of firearm means the term as included in Section 12001 of the Penal Code.(2) The term ammunition includes assembled ammunition for use in a firearm and components of ammunition, including smokeless and black powder, and any projectile capable of being fired from a firearm with deadly consequence.(c) This section does not apply to a gun buy-back event held by a law enforcement agency.(d) This section shall become operative on January 1, 2020.SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.

The people of the State of California do enact as follows:

## The people of the State of California do enact as follows:

SECTION 1. Section 4132 is added to the Food and Agricultural Code, to read:4132. (a) Notwithstanding any other law, no officer, employee, operator, or any lessee of District 1-A, as defined in Section 3853, may contract for, authorize, or allow the sale of any firearm or ammunition on the property or in the buildings that comprise the Cow Palace property in San Mateo County and the City and County of San Francisco or any successor or additional property owned, leased, or otherwise occupied or operated by the district.(b) For purposes of this section:(1) The definition of firearm means the term as included in Section 12001 of the Penal Code.(2) The term ammunition includes assembled ammunition for use in a firearm and components of ammunition, including smokeless and black powder, and any projectile capable of being fired from a firearm with deadly consequence.(c) This section does not apply to a gun buy-back event held by a law enforcement agency.(d) This section shall become operative on January 1, 2020.

SECTION 1. Section 4132 is added to the Food and Agricultural Code, to read:

### SECTION 1.

4132. (a) Notwithstanding any other law, no officer, employee, operator, or any lessee of District 1-A, as defined in Section 3853, may contract for, authorize, or allow the sale of any firearm or ammunition on the property or in the buildings that comprise the Cow Palace property in San Mateo County and the City and County of San Francisco or any successor or additional property owned, leased, or otherwise occupied or operated by the district.(b) For purposes of this section:(1) The definition of firearm means the term as included in Section 12001 of the Penal Code.(2) The term ammunition includes assembled ammunition for use in a firearm and components of ammunition, including smokeless and black powder, and any projectile capable of being fired from a firearm with deadly consequence.(c) This section does not apply to a gun buy-back event held by a law enforcement agency.(d) This section shall become operative on January 1, 2020.

4132. (a) Notwithstanding any other law, no officer, employee, operator, or any lessee of District 1-A, as defined in Section 3853, may contract for, authorize, or allow the sale of any firearm or ammunition on the property or in the buildings that comprise the Cow Palace property in San Mateo County and the City and County of San Francisco or any successor or additional property owned, leased, or otherwise occupied or operated by the district.(b) For purposes of this section:(1) The definition of firearm means the term as included in Section 12001 of the Penal Code.(2) The term ammunition includes assembled ammunition for use in a firearm and components of ammunition, including smokeless and black powder, and any projectile capable of being fired from a firearm with deadly consequence.(c) This section does not apply to a gun buy-back event held by a law enforcement agency.(d) This section shall become operative on January 1, 2020.

4132. (a) Notwithstanding any other law, no officer, employee, operator, or any lessee of District 1-A, as defined in Section 3853, may contract for, authorize, or allow the sale of any firearm or ammunition on the property or in the buildings that comprise the Cow Palace property in San Mateo County and the City and County of San Francisco or any successor or additional property owned, leased, or otherwise occupied or operated by the district.(b) For purposes of this section:(1) The definition of firearm means the term as included in Section 12001 of the Penal Code.(2) The term ammunition includes assembled ammunition for use in a firearm and components of ammunition, including smokeless and black powder, and any projectile capable of being fired from a firearm with deadly consequence.(c) This section does not apply to a gun buy-back event held by a law enforcement agency.(d) This section shall become operative on January 1, 2020.



4132. (a) Notwithstanding any other law, no officer, employee, operator, or any lessee of District 1-A, as defined in Section 3853, may contract for, authorize, or allow the sale of any firearm or ammunition on the property or in the buildings that comprise the Cow Palace property in San Mateo County and the City and County of San Francisco or any successor or additional property owned, leased, or otherwise occupied or operated by the district.

(b) For purposes of this section:

(1) The definition of firearm means the term as included in Section 12001 of the Penal Code.

(2) The term ammunition includes assembled ammunition for use in a firearm and components of ammunition, including smokeless and black powder, and any projectile capable of being fired from a firearm with deadly consequence.

(c) This section does not apply to a gun buy-back event held by a law enforcement agency.

(d) This section shall become operative on January 1, 2020.

SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.

SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.

SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.

### SEC. 2.