-Caveat Lector-

from:
http://www.sksbuyback.org/
<A HREF="http://www.sksbuyback.org/">SKS Buyback Program ends Jan. 1st, 2000
</A>
-----

Click here for Video message from CA Attorney General Bill Lockyer

Click here to go to the CA Attorney General/CA DOJ website andFirearm
Program page.

SKS Sporters are illegal in California. You are required by law to turn
in you SKS Sporter to the nearest Local Law Enforcement Agency if it
meets the guidelines set forth in AB 48 (Statutes of 1998).
You will receive a voucher for $230 when you turn in your gun.

Don't know if your SKS Sporter needs to be turned in? Click here to find
out more.
Click here to find out how to comply with the new SKS Sporter Law.
Click here for information about turning in your SKS Sporter and
receiving reimbursement.
Click here to find out where to turn in your SKS Sporter.
Got questions? Click here for answers.
Click here to view and listen to media from the SKS Buyback -TV, Radio
and Print campaign.
Click here to read the full text of the law.
=====

BILL NUMBER: AB 48 CHAPTERED
CHAPTER 909
PASSED THE ASSEMBLY AUGUST 31, 1998
PASSED THE SENATE AUGUST 30, 1998
AMENDED IN SENATE AUGUST 28, 1998
AMENDED IN SENATE AUGUST 26, 1998
AMENDED IN SENATE JULY 8, 1998
AMENDED IN SENATE JUNE 29, 1998
AMENDED IN SENATE JUNE 18, 1998
AMENDED IN SENATE JUNE 3, 1998
AMENDED IN SENATE JULY 10, 1997
AMENDED IN ASSEMBLY JUNE 3, 1997
AMENDED IN ASSEMBLY MAY 8, 1997
AMENDED IN ASSEMBLY MAY 1, 1997
AMENDED IN ASSEMBLY APRIL 8, 1997
AMENDED IN ASSEMBLY MARCH 31, 1997
AMENDED IN ASSEMBLY MARCH 20, 1997
INTRODUCED BY Assembly Member Wright
(Principal coauthors: Assembly Members Cardoza and Granlund)
DECEMBER 2, 1996
An act to add Section 12281 to the Penal Code, relating to firearms, and
making an appropriation therefor.
(Approved by Governor September 27, 1998. Filed with Secretary of State
September 28, 1998.)
On this date I have signed Assembly Bill No. 48 with a deletion. This
bill would grant immunity from criminal prosecution to anyone who is
subject to prosecution under the state's assault weapons law for conduct
related to an SKS rifle, as defined, committed during a specified period
in which there were conflicting administrative designations of that
weapon. This bill would make the immunity provisions fully retroactive
to anyone who is subject to prosecution or prosecuted and convicted of
violating the assault weapons law. I have deleted the $1.3 million
appropriation. The expenditure of these funds appears premature in light
of the pending review of the entire assault weapons law now before the
California Supreme Court.
PETE WILSON,
Governor
LEGISLATIVE COUNSEL'S DIGEST
AB 48, R. Wright. Firearms: SKS rifles.
Existing law prohibits any person from manufacturing, distributing,
transporting, importing, possessing or offering for sale, giving,
lending, or possessing, any assault weapon as defined, and requires any
person who lawfully possesses an assault weapon to register the firearm
within a specified period and under specified conditions. Assault
weapons are defined as coming within a specified list of semiautomatic
firearms or by declaration of the superior court that the weapon is an
assault weapon. An "SKS with detachable magazine" is one of the
designated weapons on the specified list of semiautomatic firearms.
This bill would grant immunity from criminal prosecution to any person,
firm, company, or corporation that is subject to prosecution under the
above assault weapons law for conduct related to an SKS rifle, as
defined, committed during a specified period in which there were
conflicting administrative designations of that weapon, and would also
provide that the designated SKS rifles are not subject to seizure by law
enforcement for violation of the above assault weapons provisions prior
to January 1, 2000. This bill would make the immunity provisions fully
retroactive to any person, firm, company, or corporation subject to
prosecution for, or prosecuted and convicted of, violating the above
provisions.
The bill would require the department to notify all district attorneys
of the provisions of this bill, on or before January 31,
1999, and would make it a misdemeanor or a felony for any person, firm,
company, or corporation in possession of an existing SKS rifle to fail
to relinquish or dispose of the rifle on or before January 1, 2000. The
bill would also require the department to purchase any SKS rifle
relinquished pursuant to these provisions from funds appropriated for
this purpose by future legislation, and to adopt regulations, including
emergency regulations, for the purchase program. By creating a new
offense, this bill would impose a state-mandated local program.
This bill would appropriate $1,300,000 from the General Fund to the
Department of Justice for the purpose of purchasing firearms, as
specified.
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.
Appropriation: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 12281 is added to the Penal Code, to read:
12281.
(a) Any person who, or firm, company, or corporation that, operated a
retail or other commercial firm, company, or corporation, and
manufactured, distributed, transported, imported, possessed, possessed
for sale, offered for sale, or transferred, for commercial purpose, an
SKS rifle in California between January 1, 1992, and December 19, 1997,
shall be immune from criminal prosecution under Section 12280. The
immunity provided in this subdivision shall apply retroactively to any
person who, or firm, company, or corporation that, is or was charged by
complaint or indictment with a violation of Section 12280 for conduct
related to an SKS rifle, whether or not the case of that person, firm,
company, or corporation is final.
(b) Any person who possessed, gave, loaned, or transferred an SKS rifle
in California between January 1, 1992, and December 19, 1997, shall be
immune from criminal prosecution under Section 12280. The immunity
provided in this subdivision shall apply retroactively to any person who
was charged by complaint or indictment with a violation of Section 12280
for conduct related to an SKS rifle, whether or not the case of that
person is final.
(c) Any SKS rifle in the possession of any person who, or firm, company,
or corporation that, is described in subdivision (a) or (b), shall not
be subject to seizure by law enforcement for violation of Section 12280
prior to January 1, 2000.
(d) Any person, firm, company, or corporation, convicted under Section
12280 for conduct relating to an SKS rifle, shall be permitted to
withdraw his or her plea of guilty or nolo contendere, or to reopen his
or her case and assert the immunities provided in this section, if the
court determines that the allowance of the immunity is in the interests
of justice. The court shall interpret this section liberally to the
benefit of the defendant.
(e) The Department of Justice shall notify all district attorneys on or
before January 31, 1999, of the provisions of this section. The
department shall identify all criminal prosecutions in the state for
conduct related to SKS rifles within 90 days of the effective date of
this section. In all cases so identified by the Attorney General, the
district attorneys shall inform defense counsel, or the defendant if the
defendant is in propria persona, in writing, of the provisions of this
section within 120 days of the effective date of this section.
(f) (1) Any person, firm, company, or corporation that is in possession
of an SKS rifle shall do one of the following on or before January 1,
2000:
(A) Relinquish the SKS rifle to the Department of Justice pursuant to
subdivision (h).
(B) Relinquish the SKS rifle to a law enforcement agency pursuant to
Section 12288.
(C) Dispose of the SKS rifle as permitted by Section 12285. (2) Any
person who has obtained title to an SKS rifle by bequest or intestate
succession shall be required to comply with subparagraph (A) or (B) of
paragraph (1) of this subdivision unless he or she otherwise complies
with paragraph (1) of subdivision (b) of Section 12285. (3) Any SKS
rifle relinquished to the department pursuant to this subdivision shall
be in a manner prescribed by the department. (4) The department shall
conduct a public education and notification program as described in
Section 12289, commencing no later than January 1, 1999.
(g) Any person who complies with subdivision (f) shall be exempt from
the prohibitions set forth in subdivision (a) or (b) of Section 12280
for those acts by that person associated with complying with the
requirements of subdivision (f).
(h) (1) The department shall purchase any SKS rifle relinquished
pursuant to subdivision (f) from funds appropriated for this purpose by
the act amending this section in the 1997-98 Regular Session of the
Legislature or by subsequent budget acts or other legislation. The
department shall adopt regulations for this purchase program that
include, but are not limited to, the manner of delivery, the
reimbursement to be paid, and the manner in which persons shall be
informed of the state purchase program. (2) Any person who relinquished
possession of an SKS rifle to a law enforcement agency pursuant to
Section 12288 prior to the effective date of the purchase program set
forth in paragraph (1) shall be eligible to be reimbursed from the
purchase program. The procedures for reimbursement pursuant to this
paragraph shall be part of the regulations adopted by the department
pursuant to paragraph (1).
(i) Notwithstanding paragraph (11) of subdivision (a) of Section 12276,
an "SKS rifle" under this section means all SKS rifles commonly referred
to as "SKS Sporter" versions, manufactured to accept a detachable AK-47
magazine and imported into this state and sold by a licensed gun dealer,
or otherwise lawfully possessed in this state by a resident of this
state who is not a licensed gun dealer, between January 1, 1992, and
December 19, 1997.
(j) Failure to comply with subdivision (f) is a public offense
punishable by imprisonment in the state prison, or in a county jail, not
exceeding one year.
(k) In addition to the regulations required pursuant to subdivision (h),
emergency regulations for the purchase program
described in subdivision (h) shall be adopted pursuant to Chapter 3.5
(commencing with Section 11340) of Part 1 of Division 3 of Title 2 of
the Government Code.
SEC. 2. The sum of one million three hundred thousand dollars
($1,300,000) is hereby appropriated from the General Fund for
expenditure during the 1998-99, 1999-2000, and 2000-01 fiscal years, to
the Department of Justice for the purpose of purchasing firearms pu
rsuant to subdivision (h) of Section 12281 of the Penal Code.
SEC. 3. It is the intent of the Legislature to provide sufficient
funding to the Department of Justice for the purpose of purchasing
firearms pursuant to subdivision (h) of Section 12281 of the Penal Code.
If the appropriation in Section 2 of this act proves insufficient, the
Legislature intends that sufficient additional funds be appropriated to
the Department of Justice for this purpose in the Budget Act of 1999.
SEC. 4. No reimbursement is required by this act pursuant to Section 6
of Article XIIIB 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
XIIIB of the California Constitution. Notwithstanding Section 17580 of
the Government Code, unless otherwise specified, the provisions of this
act shall become operative on the same date that the act takes effect
pursuant to the California Constitution.
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-----
Aloha, He'Ping,
Om, Shalom, Salaam.
Em Hotep, Peace Be,
Omnia Bona Bonis,
All My Relations.
Adieu, Adios, Aloha.
Amen.
Roads End
Kris

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