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AB-2216 Prohibited weapons: nunchaku.(2019-2020)

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Date Published: 02/12/2020 09:00 PM
AB2216:v99#DOCUMENT


CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill
No. 2216

Introduced by Assembly Member Chen
(Coauthor: Assembly Member Ting)

February 12, 2020

An act to amend Sections 4502, 16590, 18010 and 22015 of, to add Section 22296 to, to repeal Section 22090 of, and to repeal and add Section 22010 to, the Penal Code, relating to prohibited weapons.


LEGISLATIVE COUNSEL'S DIGEST


AB 2216, as introduced, Chen. Prohibited weapons: nunchaku.
Existing law categorizes certain weapons, including nunchaku, as a generally prohibited weapon, and, except as specified, subjects a person who manufactures, imports, keeps for sale, or offers or exposes for sale, or who gives, lends, or possesses any nunchaku to imprisonment in a county jail, as specified. Existing law also declares nunchaku to be a nuisance and authorizes the Attorney General, a district attorney, or a city attorney to bring an action to enjoin any of the activities stated above.
This bill would remove nunchaku from the list of generally prohibited weapons and repeal its designation as a nuisance. This bill would make possession and manufacture of nunchaku by persons confined in a penal institution a felony, but would otherwise allow the purchase, possession, and use of a nunchaku by a person for self-defense purposes, with the exception of a person convicted of a felony or a crime involving an assault or a person who is addicted to any narcotic drug. Additionally, this bill would prohibit a person from selling or furnishing a nunchaku to a minor unless the minor attends a school that teaches the art of self-defense. By establishing new crimes, 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.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

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


SECTION 1.

 Section 4502 of the Penal Code is amended to read:

4502.
 (a) Every person who, while at or confined in any a penal institution, while being conveyed to or from any a penal institution, or while under the custody of officials, officers, or employees of any a penal institution, possesses or carries upon his or her person carries, or has under his or her custody or control any of an instrument or weapon of the kind commonly known as a blackjack, slungshot, billy, nunchaku, sandclub, sandbag, or metal knuckles, any an explosive substance, or fixed ammunition, any a dirk or dagger or sharp instrument, any a pistol, revolver, or other firearm, or any tear gas or a tear gas weapon, is guilty of a felony and shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 for two, three, or four years, to be served consecutively.
(b) Every person who, while at or confined in any a penal institution, while being conveyed to or from any a penal institution, or while under the custody of officials, officers, or employees of any a penal institution, manufactures or attempts to manufacture any an instrument or weapon of the kind commonly known as a blackjack, slungshot, billy, nunchaku, sandclub, sandbag, or metal knuckles, any an explosive substance, or fixed ammunition, any a dirk or dagger or sharp instrument, any a pistol, revolver, or other firearm, or any tear gas or a tear gas weapon, is guilty of a felony and shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 for 16 months, or two or three years, to be served consecutively.
(c) For purposes of this section, “penal institution” means the state prison, a prison road camp, prison forestry camp, or other prison camp or farm, or a county jail or county road camp.

SEC. 2.

 Section 16590 of the Penal Code is amended to read:

16590.
 As used in this part, “generally prohibited weapon” means any of the following:
(a) An air gauge knife, as prohibited by Section 20310.
(b) Ammunition that contains or consists of a flechette dart, as prohibited by Section 30210.
(c) A ballistic knife, as prohibited by Section 21110.
(d) A belt buckle knife, as prohibited by Section 20410.
(e) A bullet containing or carrying an explosive agent, as prohibited by Section 30210.
(f) A camouflaging firearm container, as prohibited by Section 24310.
(g) A cane gun, as prohibited by Section 24410.
(h) A cane sword, as prohibited by Section 20510.
(i) A concealed dirk or dagger, as prohibited by Section 21310.
(j) A concealed explosive substance, other than fixed ammunition, as prohibited by Section 19100.
(k) A firearm that is not immediately recognizable as a firearm, as prohibited by Section 24510.
(l) A large-capacity magazine, as prohibited by Section 32310.
(m) A leaded cane or an instrument or weapon of the kind commonly known as a billy, blackjack, sandbag, sandclub, sap, or slungshot, as prohibited by Section 22210.
(n) A lipstick case knife, as prohibited by Section 20610.
(o) Metal knuckles, as prohibited by Section 21810.
(p) A metal military practice handgrenade or a metal replica handgrenade, as prohibited by Section 19200.
(q) A multiburst trigger activator, as prohibited by Section 32900.

(r)A nunchaku, as prohibited by Section 22010.

(s)

(r) A shobi-zue, as prohibited by Section 20710.

(t)

(s) A short-barreled rifle or short-barreled shotgun, as prohibited by Section 33215.

(u)

(t) A shuriken, as prohibited by Section 22410.

(v)

(u) An unconventional pistol, as prohibited by Section 31500.

(w)

(v) An undetectable firearm, as prohibited by Section 24610.

(x)

(w) A wallet gun, as prohibited by Section 24710.

(y)

(x) A writing pen knife, as prohibited by Section 20910.

(z)

(y) A zip gun, as prohibited by Section 33600.

SEC. 3.

 Section 18010 of the Penal Code is amended to read:

18010.
 (a) The Attorney General, a district attorney, or a city attorney may bring an action to enjoin the manufacture of, importation of, keeping for sale of, offering or exposing for sale, giving, lending, or possession of, any an item that constitutes a nuisance under any of the following provisions:
(1) Section 19290, relating to metal handgrenades.
(2) Section 20390, relating to an air gauge knife.
(3) Section 20490, relating to a belt buckle knife.
(4) Section 20590, relating to a cane sword.
(5) Section 20690, relating to a lipstick case knife.
(6) Section 20790, relating to a shobi-zue.
(7) Section 20990, relating to a writing pen knife.
(8) Section 21190, relating to a ballistic knife.
(9) Section 21890, relating to metal knuckles.

(10)Section 22090, relating to a nunchaku.

(11)

(10) Section 22290, relating to a leaded cane or an instrument or weapon of the kind commonly known as a billy, blackjack, sandbag, sandclub, sap, or slungshot.

(12)

(11) Section 22490, relating to a shuriken.

(13)

(12) Section 24390, relating to a camouflaging firearm container.

(14)

(13) Section 24490, relating to a cane gun.

(15)

(14) Section 24590, relating to a firearm not immediately recognizable as a firearm.

(16)

(15) Section 24690, relating to an undetectable firearm.

(17)

(16) Section 24790, relating to a wallet gun.

(18)

(17) Section 30290, relating to flechette dart ammunition and to a bullet with an explosive agent.

(19)

(18) Section 31590, relating to an unconventional pistol.

(20)

(19) Section 32390, relating to a large-capacity magazine.

(21)

(20) Section 32990, relating to a multiburst trigger activator.

(22)

(21) Section 33290, relating to a short-barreled rifle or a short-barreled shotgun.

(23)

(22) Section 33690, relating to a zip gun.
(b) The weapons described in subdivision (a) shall be are subject to confiscation and summary destruction whenever found within the state.
(c) The weapons described in subdivision (a) shall be destroyed in the same manner described in Section 18005, except that upon the certification of a judge or of the district attorney that the ends of justice will be served thereby, the weapon shall be preserved until the necessity for its use ceases.
(d) (1) Commencing July 1, 2024, the Attorney General, a district attorney, or a city attorney may bring an action to enjoin the importation into the state or sale of any a firearm precursor part that is imported into this state or sold within this state in violation of Article 1 (commencing with Section 30400), Article 2 (commencing with Section 30442), Article 3 (commencing with Section 30470), and Article 4 (commencing with Section 30485) of Chapter 1.5 of Division 10 of Title 4.
(2) Commencing July 1, 2024, firearm precursor parts that are imported in this state or sold within this state in violation of Article 1 (commencing with Section 30400), Article 2 (commencing with Section 30442), Article 3 (commencing with Section 30470), and Article 4 (commencing with Section 30485) of Chapter 1.5 of Division 10 of Title 4 are a nuisance and are subject to confiscation and destruction pursuant to Section 18005.

SEC. 4.

 Section 22010 of the Penal Code is repealed.
22010.

Except as provided in Section 22015 and Chapter 1 (commencing with Section 17700) of Division 2 of Title 2, any person in this state who manufactures or causes to be manufactured, imports into the state, keeps for sale, or offers or exposes for sale, or who gives, lends, or possesses any nunchaku is punishable by imprisonment in a county jail not exceeding one year or imprisonment pursuant to subdivision (h) of Section 1170.

SEC. 5.

 Section 22010 is added to the Penal Code, to read:

22010.
 (a) Except as provided in Section 4502, a person may purchase, possess, or use a nunchaku if the nunchaku is used solely for self-defense purposes, subject to the following requirements:
(1) A person convicted of a felony or a crime involving an assault under the laws of the United States, this state, or any other state, government, or country, shall not purchase, possess, or use a nunchaku.
(2) A person addicted to a narcotic drug shall not purchase, possess, or use a nunchaku.
(3) Except as provided in Section 22015, a person shall not sell or furnish a nunchaku to a minor.
(4) Except as provided in Section 22015, a minor shall not purchase, possess, or use a nunchaku.
(b) A violation of paragraph (1), (2), or (3) of subdivision (a) is punishable by imprisonment in a county jail not exceeding one year or imprisonment pursuant to subdivision (h) of Section 1170.

SEC. 6.

 Section 22015 of the Penal Code is amended to read:

22015.
 Section 22010 does not apply to either of the following: In addition to Section 22010, the following activities shall not be unlawful.
(a) The possession of a nunchaku on the premises of a school that holds a regulatory or business license and teaches the arts of self-defense.
(b) The manufacture of a nunchaku for sale to, or the sale of a nunchaku to, a school that holds a regulatory or business license and teaches the arts of self-defense.

SEC. 7.

 Section 22090 of the Penal Code is repealed.
22090.

Except as provided in Section 22015 and in Chapter 1 (commencing with Section 17700) of Division 2 of Title 2, any nunchaku is a nuisance and is subject to Section 18010.

SEC. 8.

 Section 22296 is added to the Penal Code, to read:

22296.
 As used in this part, a “billy,” “blackjack,” or “slungshot” does not include a nunchaku.

SEC. 9.

 No reimbursement is required by this act pursuant to Section 6 of Article XIII B 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 XIII B of the California Constitution.