Cal. BPC § 22949.60 — California Code / Code bpc / Division 8 / Chapter 38 / Section 22949.60
Section 22949.60
Status: in_force

(a) The Legislature hereby finds and declares that the proliferation of assault weapons, .50 BMG rifles, and unserialized firearms poses a threat to the health, safety, and security of all residents of, and visitors to, this state. All Californians are directly harmed by the proliferation of these weapons and this state has a compelling state interest in protecting its citizens from gun violence and from intimidation by persons brandishing these weapons. Further, this state has a compelling interest in enabling law enforcement authorities to trace firearms used, manufactured, distributed, or transported unlawfully.

(b) The Legislature further finds and declares that the proliferation of firearms to and among young people poses a threat to the health, safety, and security of all residents of, and visitors to, this state. Firearms are especially dangerous in the hands of young people because current research and scientific evidence show that young people are more impulsive, more likely to engage in risky and reckless behavior, unduly influenced by peer pressure, motivated more by rewards than costs or negative consequences, less likely to consider the future consequences of their actions and decisions, and less able to control themselves in emotionally arousing situations. In recognition of these facts, the Legislature has previously prohibited licensed firearm dealers from selling a firearm to a person under 21 years of age, subject to certain exemptions. This state has a compelling interest in further restricting the proliferation of firearms among those under 21 years of age.

(c) The Legislature has previously restricted assault weapons based upon finding that each such firearm has such a high rate of fire and capacity for firepower that its function as a legitimate sports or recreational firearm is substantially outweighed by the danger that it can be used to kill and injure human beings. The Legislature has also previously restricted .50 BMG rifles based upon finding that they pose a clear and present threat to the health, safety, and security of all residents of, and visitors to, this state, because those firearms have such a high capacity for long-distance and highly destructive firepower that they pose an unacceptable risk of death and serious injury of human beings, destruction or serious damage of vital public and private buildings, civilian, police and military vehicles, power generation and transmission facilities, petrochemical production and storage facilities, and transportation infrastructure. Each of these previous findings is readopted. The Legislature further finds and declares that the manufacture, distribution, transport, importation, and sale of unserialized firearms poses a threat to the health, safety, and security of all residents of, and visitors to, this state, and impedes law enforcement activities, and that the manufacture, distribution, transport, importation, and sale of firearm precursor parts and kits is contributing to the proliferation of unserialized firearms in the state.

(d) It is the intent of the Legislature in enacting this chapter to further restrict in this state the manufacture, distribution, transportation, importation, sale, lending, and transfer of assault weapons, .50 BMG rifles, and unserialized firearms, and further restrict the proliferation of firearms to and among those under 21 years of age, by creating new civil law prohibitions and a civil enforcement mechanism, independent of existing law. Nothing in this chapter shall be construed to limit in any way the enforceability of existing laws concerning firearms, including, but not limited to, Part 6 (commencing with Section 16000) of the Penal Code.