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California Law Revision Commission

-- Last revised 1/8/14 --

Deadly Weapons - Study M-300

Note:

    This study resulted in relocation of the laws governing control of deadly weapons. To assist persons using those laws, the Commission prepared a disposition table showing where each provision was relocated. The Commission's staff later updated that table to reflect legislation enacted in 2011 (after the recodification but before its operative date). The updated disposition table is available in Word or pdf format.
    To further assist persons using the deadly weapon statutes, the Commission's staff also prepared a reverse disposition table, which lists each new code section and shows its source. The reverse disposition table is available in Word or pdf format.
    The original published version of the Commission's disposition table is available in Word or pdf format, and can also be found at pages 943-995 of the Commission's lengthy Recommendation (Final Published Version).

    ACR 73 (McCarthy), enacted as Resolution Chapter 128 of the Statutes of 2006, directed the Commission to study, report on, and prepare recommended legislation to simplify and reorganize the portions of the Penal Code relating to the control of deadly weapons, without making any substantive change to the scope of criminal liability under those provisions. The Commission's report on the matter was due by July 1, 2009.
    The Commission completed its report on schedule. The report was later updated to incorporate legislation enacted in 2009, and then published.

        Two bills were introduced and enacted to implement the Commission's recommendation:
                 (1) SB 1080 (Committee on Public Safety), 2010 Cal. Stat. ch. 711, which contained the main proposal.
                 (2) SB 1115 (Committee on Public Safety), 2010 Cal. Stat. ch. 178, which contained the conforming revisions.

    These bills reorganized the statutes governing control of deadly weapons in a new Part 6 of the Penal Code (Penal Code §§ 16000-34370). The new legislation had a delayed operative date of January 1, 2012.
    For an explanation of how the deadly weapon statutes were reorganized, see the 31-page preliminary part prepared by the Commission, which can also be found at pages 225-256 of the Commission's lengthy Recommendation (Final Published Version). For information on changes that were made during the legislative process, see Memo 2010-42, Report of the California Law Revision Commission on Chapter 711 of the Statutes of 2010: Part 1, Report of the California Law Revision Commission on Chapter 711 of the Statutes of 2010: Part 2, and Report of the California Law Revision Commission on Chapter 178 of the Statutes of 2010.
    After enactment of SB 1080 and SB 1115, some further statutory clean-up was necessary to address chaptering out problems and various other matters. The Commission approved a final recommendation on the clean-up matters. A bill to implement that recommendation has been enacted (see AB 1402 (Committee on Public Safety), 2011 Cal. Stat. ch. 285). Additional clean-up work was completed in 2012 and 2013. See 2012 Cal. Stat. ch. 162, §§ 12-14, 203, 207; 2013 Cal. Stat. ch. 76, §§ 145.5, 145.7, 147.8, 147.5, 153.5; 2013 Cal. Stat. ch. 291, § 52.
    If you have questions or comments on this study, send an e-mail to Barbara Gaal at bgaal@clrc.ca.gov.

Related Material


Legislation

Top | CLRC Homepage

Final Recommendation

Top | CLRC Homepage

Tentative Recommendations and Other Requests for Comment

Top | CLRC Homepage

Meeting Minutes

Top | CLRC Homepage

Staff Memoranda

Top | CLRC Homepage

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