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AB-1034 Weapons: destructive device.(2013-2014)

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Assembly Bill
No. 1034

Introduced by Assembly Member Nazarian

February 22, 2013

An act to amend Section 16460 of the Penal Code, relating to weapons.


AB 1034, as introduced, Nazarian. Weapons: destructive device.
Existing law regulates the ownership and possession of various weapons, including destructive devices, as defined.
This bill would make technical, nonsubstantive changes to these provisions.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

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


 Section 16460 of the Penal Code is amended to read:

 (a) As used in Sections 16510, 16520, and 16780, and in Chapter 1 (commencing with Section 18710) of Division 5 of Title 2, “destructive device” includes any of the following weapons:
(1) Any A projectile containing any an explosive or incendiary material or any other chemical substance, including, but not limited to, that which is commonly known as tracer or incendiary ammunition, except tracer ammunition manufactured for use in shotguns.
(2) Any A bomb, grenade, explosive missile, or similar device or any a launching device therefor.
(3) Any A weapon of a caliber greater than 0.60 caliber which that fires fixed ammunition, or any ammunition therefor, other than a shotgun (smooth or rifled bore) conforming to the definition of a “destructive device” found in subsection (b) of Section 479.11 of Title 27 of the Code of Federal Regulations, shotgun ammunition (single projectile or shot), antique rifle, or an antique cannon.
(4) Any A rocket, rocket-propelled projectile, or similar device of a diameter greater than 0.60 inch, or any a launching device therefor, and any a rocket, rocket-propelled projectile, or similar device containing any an explosive or incendiary material or any other chemical substance, other than the propellant for that device, except those devices as are designed primarily for emergency or distress signaling purposes.
(5) Any A breakable container that contains a flammable liquid with a flashpoint of 150 degrees Fahrenheit or less and has a wick or similar device capable of being ignited, other than a device which that is commercially manufactured primarily for the purpose of illumination.
(6) Any A sealed device containing dry ice (CO2) or other chemically reactive substances assembled for the purpose of causing an explosion by a chemical reaction.
(b) A bullet containing or carrying an explosive agent is not a destructive device as that term is used in subdivision (a).