Kasler insinuates the Act was passed to advance political, not
societal, ends. We do not review the motives of individual lawmakers and
the collective motives of the Legislature are reflected in the words of
statutes and not elsewhere. (People v. Knowles (1950) 35 Cal.2d 175,
182; see Fletcher v. Peck (1810) 10 U.S. (6 Cranch) 87, 130 [3 L.Ed.
162, 176].)
     The stated intent of the Act is as follows: "The Legislature hereby
finds and declares that the proliferation and use of assault weapons
poses a threat to the health, safety, and security of all citizens of
this state. The Legislature has restricted the assault weapons specified
in Section 12276 based upon finding that each 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. It
is the intent of the Legislature in enacting this chapter to place
restrictions on the use of assault weapons and to establish a
registration and permit procedure for their lawful sale and possession.
It is not, however, the intent . . . to place restrictions on the use
of those weapons which are primarily designed and intended for hunting,
target practice, or other legitimate sports or recreational
activities." (sec. 12275.5.)
     Thus, it is supposed that an "assault weapon" as that term is used
by the Legislature, (1) has a high "rate of fire," (2) has a high
"capacity for firepower," (3) has little utility "as a legitimate sports
or recreational firearm," or such utility "is substantially outweighed
by the danger that it can be used to kill and injure human beings," and
(4) is not "primarily designed and intended for hunting, target
practice, or other legitimate sports or recreational activities." (sec.
12275.5.)
     An uncodified portion of the Act provides: "The Legislature finds
and declares that the weapons enumerated in Section 12276 of the Penal
Code are particularly dangerous in the hands of criminals and serve no
necessary hunting or sporting purpose for honest citizens. It is the
intent, therefor, to ban the weapons enumerated in Section 12276 of the
Penal Code and any other models which are only variations of these
weapons, which are the same weapon but manufactured or sold by another
company under a licensing agreement, or which are new models
manufactured or sold by any company with just minor modifications or
new model numbers in order to circumvent the prohibitions of [the
Act.]" (Stats. 1989, ch. 19, sec. 5, pp. 69-70.) There is no reference
in the Act to the lawful, defensive use of guns.
     Section 12276 (the "list") then "defines" an "assault weapon" as
any gun in one of four categories, as follows: Subdivision (a) lists
several rifles by manufacturer's name and model designation, except
that in two cases the term "series" is used, as in "AK series" and
"Colt AR-15 series." (Subd. (e) provides: "The term 'series' includes
all other models that are only variations, with minor differences, of
those models listed in subdivision (a), regardless of the
manufacturer.") Subdivision (b) lists several pistols. Subdivision (c)
lists three shotguns. Subdivision (d) states that an "assault weapon"
is "Any firearm declared by the court pursuant to Section 12276.5 to be
an assault weapon that is specified as an assault weapon in a list
promulgated pursuant to Section 12276.5."
     Subdivision (f) explains it is the Legislature's intent to ban "the
weapons enumerated in this section, the weapons included in the list
promulgated by the Attorney General pursuant to Section 12276.5, and any
other models which are only variations of those weapons with minor
differences, regardless of the manufacturer. The Legislature has defined
assault weapons as the types, series, and models listed in this section
because it was the most effective way to identify and restrict a
specific class of semiautomatic weapons." It does not appear that the
language of this provision specifying "any other models" is
self-executing; in other words, those guns must still be "added on."
     The add-on procedure in section 12276.5 operates as follows:
     First, the Attorney General files a petition in certain superior
courts, whereupon the court "shall issue a declaration of temporary
suspension of the manufacture, sale, distribution, transportation, or
importation into the state, or the giving or lending of a firearm
alleged to be an assault weapon within the meaning of Section 12276
because the firearm is either of the following: (1) Another model by
the same manufacturer or a copy by another manufacturer of an assault
weapon listed in [sec. 12276] which is identical to one of the assault
weapons listed in those subdivisions except for slight modifications or
enhancements including, but not limited to: a folding or retractable
stock; adjustable sight; case deflector for left-handed shooters;
shorter barrel; wooden, plastic or metal stock; larger magazine size;
different caliber provided that the caliber exceeds .22 rimfire; or
bayonet mount. The court shall strictly construe this paragraph so that
a firearm which is merely similar in appearance but not a prototype or
copy cannot be found to be within the meaning of this paragraph. [¶]
(2) A firearm first manufactured or sold to the general public in
California after June 1, 1989, which has been redesigned, renamed, or
renumbered from one of the firearms listed in [sec. 12276], or which is
manufactured or sold by another company under a licensing agreement to
manufacture or sell one of the firearms listed in . . . [sec. 12276],
regardless of the company of production or distribution, or the country
of origin." (sec. 12276.5, subd. (2).)
     Then, "after the Attorney General has completed the notice
requirements of subdivisions (c) and (d), the provisions of subdivision
(a) of Section 12280 shall apply with respect to those weapons," meaning
that criminal penalties for violations of the Act are in effect. (sec.
12276.5, subd. (b).)
     The notice requirements are as follows: "Upon declaration of
temporary suspension, the Attorney General shall immediately notify all
police, sheriffs, district attorneys, and those requesting notice
pursuant to subdivision (d), shall notify industry and association
publications for those who manufacture, sell, or use firearms, and shall
publish notice in not less than 10 newspapers of general circulation in
geographically diverse sections of the state of the fact that the
declaration has been issued." (sec. 12276.5, subd. (c).) In turn,
section 12276.5, subdivision (d), requires the Attorney General to keep
a list of people asking for notice of add-on actions and requires the
Attorney General to notify those people, as well as known manufacturers
and distributors of such add-on actions.
     Subdivision (e) requires the court to set a hearing "on a permanent
declaration . . . . Any manufacturer or California distributor of the
weapon which is the subject of the temporary suspension order has the
right, within 20 days of notification of the issuance of the order, to
intervene in the action," but others, such as weapon owners, "may, in
the court's discretion, thereafter join the action as amicus curiae."
     The Attorney General must prove the gun "is an assault weapon. If
the court finds the weapon to be an assault weapon, it shall issue a
declaration that it is an assault weapon under Section 12276. Any party
to the matter may appeal the court's decision. A declaration that the
weapon is an assault weapon shall remain in effect during the pendency
of the appeal unless ordered otherwise . . . ." (sec. 12276.5, subd.
(f).)
     The Attorney General must prepare a pictorial booklet, and "shall
promulgate a list that specifies all firearms designated as assault
weapons in Section 12276 or declared to be assault weapons pursuant to
this section. The Attorney General shall file that list with the
Secretary of State for publication in the California Code of
Regulations. Any declaration that a specified firearm is an assault
weapon shall be implemented by the Attorney General who, within 90
days, shall promulgate an amended list which shall include the
specified firearm declared to be an assault weapon. The Attorney
General shall file the amended list with the Secretary of State for
publication in the California Code of Regulations." (sec. 12276.5,
subds. (g), (h).)
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