mxpatriot51
12-29-2008, 11:20 PM
(k) Subdivision (a) shall not apply to:
(1) A person who lawfully possesses and has registered an assault weapon or .50 BMG rifle pursuant to this chapter who lends that assault weapon or .50 BMG rifle to another if all the following apply:
(A) The person to whom the assault weapon or .50 BMG rifle is lent is 18 years of age or over and is not in a class of persons prohibited from possessing firearms by virtue of Section 12021 or 12021.1 of this code or Section 8100 or 8103 of the Welfare and Institutions Code.
(B) The person to whom the assault weapon or .50 BMG rifleis lent remains in the presence of the registered possessor of the assault weapon or .50 BMG rifle.
(C) The assault weapon or .50 BMG rifle is possessed at any of the following locations:
(i) While on a target range that holds a regulatory or business license for the purpose of practicing shooting at that target range.
(ii) While on the premises of a target range of a public or private club or organization organized for the purpose of practicing shooting at targets.
(iii) While attending any exhibition, display, or educational project that is about firearms and that is sponsored by, conducted under the auspices of, or approved by a law enforcement agency or a nationally or state recognized entity that fosters proficiency in, or promotes education about, firearms.
(2) The return of an assault weapon or .50 BMG rifle to the registered possessor, or lawful possessor, which is lent by the same pursuant to paragraph (1).
(l) Subdivisions (b) and (c) shall not apply to the possession of an assault weapon or .50 BMG rifle by a person to whom an assault weapon or .50 BMG rifle is lent pursuant to subdivision (k).
(m) Subdivisions (a), and (b), and (c) shall not apply to the possession and importation of an assault weapon or a .50 BMG rifle into this state by a nonresident if all of the following conditions are met:
(1) The person is attending or going directly to or coming directly from an organized competitive match or league competition that involves the use of an assault weapon or a .50 BMG rifle.
(2) The competition or match is conducted on the premises of one of the following:
(A) A target range that holds a regulatory or business license for the purpose of practicing shooting at that target range.
(B) A target range of a public or private club or organization that is organized for the purpose of practicing shooting at targets.
(3) The match or competition is sponsored by, conducted under the auspices of, or approved by, a law enforcement agency or a nationally or state recognized entity that fosters proficiency in, or promotes education about, firearms.
Subdivision (a) appears to be:
(a)(1) Any person who, within this state, manufactures or causes to be manufactured, distributes, transports, or imports into the state, keeps for sale, or offers or exposes for sale, or who gives or lends any assault weapon or any .50 BMG rifle, except as provided by this chapter, is guilty of a felony, and upon conviction shall be punished by imprisonment in the state prison for four, six, or eight years.
(2) In addition and consecutive to the punishment imposed under paragraph (1), any person who transfers, lends, sells, or gives any assault weapon or any .50 BMG rifle to a minor in violation of paragraph (1) shall receive an enhancement of one year.
(3) Except in the case of a first violation involving not more than two firearms as provided in subdivisions (b) and (c), for purposes of this section, if more than one assault weapon or .50 BMG rifle is involved in any violation of this section, there shall be a distinct and separate offense for each.
So does that basically mean the punishment is not applicable if the circumstances under (k) are met? That can't be or I know I would've heard about it, but that seems to be what the law is saying?
(1) A person who lawfully possesses and has registered an assault weapon or .50 BMG rifle pursuant to this chapter who lends that assault weapon or .50 BMG rifle to another if all the following apply:
(A) The person to whom the assault weapon or .50 BMG rifle is lent is 18 years of age or over and is not in a class of persons prohibited from possessing firearms by virtue of Section 12021 or 12021.1 of this code or Section 8100 or 8103 of the Welfare and Institutions Code.
(B) The person to whom the assault weapon or .50 BMG rifleis lent remains in the presence of the registered possessor of the assault weapon or .50 BMG rifle.
(C) The assault weapon or .50 BMG rifle is possessed at any of the following locations:
(i) While on a target range that holds a regulatory or business license for the purpose of practicing shooting at that target range.
(ii) While on the premises of a target range of a public or private club or organization organized for the purpose of practicing shooting at targets.
(iii) While attending any exhibition, display, or educational project that is about firearms and that is sponsored by, conducted under the auspices of, or approved by a law enforcement agency or a nationally or state recognized entity that fosters proficiency in, or promotes education about, firearms.
(2) The return of an assault weapon or .50 BMG rifle to the registered possessor, or lawful possessor, which is lent by the same pursuant to paragraph (1).
(l) Subdivisions (b) and (c) shall not apply to the possession of an assault weapon or .50 BMG rifle by a person to whom an assault weapon or .50 BMG rifle is lent pursuant to subdivision (k).
(m) Subdivisions (a), and (b), and (c) shall not apply to the possession and importation of an assault weapon or a .50 BMG rifle into this state by a nonresident if all of the following conditions are met:
(1) The person is attending or going directly to or coming directly from an organized competitive match or league competition that involves the use of an assault weapon or a .50 BMG rifle.
(2) The competition or match is conducted on the premises of one of the following:
(A) A target range that holds a regulatory or business license for the purpose of practicing shooting at that target range.
(B) A target range of a public or private club or organization that is organized for the purpose of practicing shooting at targets.
(3) The match or competition is sponsored by, conducted under the auspices of, or approved by, a law enforcement agency or a nationally or state recognized entity that fosters proficiency in, or promotes education about, firearms.
Subdivision (a) appears to be:
(a)(1) Any person who, within this state, manufactures or causes to be manufactured, distributes, transports, or imports into the state, keeps for sale, or offers or exposes for sale, or who gives or lends any assault weapon or any .50 BMG rifle, except as provided by this chapter, is guilty of a felony, and upon conviction shall be punished by imprisonment in the state prison for four, six, or eight years.
(2) In addition and consecutive to the punishment imposed under paragraph (1), any person who transfers, lends, sells, or gives any assault weapon or any .50 BMG rifle to a minor in violation of paragraph (1) shall receive an enhancement of one year.
(3) Except in the case of a first violation involving not more than two firearms as provided in subdivisions (b) and (c), for purposes of this section, if more than one assault weapon or .50 BMG rifle is involved in any violation of this section, there shall be a distinct and separate offense for each.
So does that basically mean the punishment is not applicable if the circumstances under (k) are met? That can't be or I know I would've heard about it, but that seems to be what the law is saying?