MEMORANDUM DECISION RE: PLAINTIFFS’ MOTION FOR PRELIMINARY INJUNCTION AND DEFENDANT’S MOTION TO DISMISS

The Roberti-Roos Assault Weapons Control Act became effective in California on January 1, 1990. Neither plaintiffs, defendant, nor any of the amicus curiae provided the Court with a copy of the Act. However, the Act is contained in California Penal Code sections 12275 to 12290. These sections are set forth as Appendix A to this memorandum decision.

The Parties

Named as plaintiffs are groups of local, state and national organizations described as organizations interested in the use of and competition with firearms, or who are interested in legislation pertaining to the use and possession of firearms.

The individuals named, except “John Doe”, are alleged to be members of one or more of the organizations named as plaintiffs.

Springfield Armory, Inc. is a federally licensed manufacturer of firearms; Heckler and Koch, Inc. is a federally licensed importer of firearms.

Each plaintiff alleges that he, she, or it will be irreparably injured by the enforcement of the Act.

John Van de Kamp is the Attorney General of California. Why he is the sole defendant is not explained. It does not appear that the California Attorney General would initially have any duty to prosecute individual violations of the Act. That duty might arise in supervisory capacity, but is speculative at best. However, California Penal Code section 12276.5 confers special duties upon the State Attorney General concerning the suspension of the manufacture, sale, distribution, or importation into the state of assault weapons.

Plaintiff initiated this action by complaint seeking declaratory relief concerning the Act’s validity and an injunction to bar its enforcement. The Attorney General of California filed a motion to dismiss.

The Court will address the several theories set forth in plaintiffs complaint, and the defendants’ motion to dismiss.

I. The Rights Conferred on the Plaintiffs by Amendment II of the United States Constitution.

The Second Amendment provides:

In United States v. Cruikshank, 92 U.S. 542, 553 , 23 L.Ed. 588 (1876), the Supreme Court stated:

All cases that have considered the issues have universally held that the Second Amendment to the United States Constitution expresses a limitation that is applicable to the Congress and the National Government only and has no application to the States.

In Presser v. Illinois, 116 U.S. 252, 264-65 , 6 S.Ct. 580, 583-84 , 29 L.Ed. 615 (1886) the court stated:

See also, United States v. Warin, 530 F.2d 103, 106-07 (6th Cir.1976), cert. denied 426 U.S. 948 , 96 S.Ct. 3168 , 49 L.Ed.2d 1185 :

In Quilici v. Village of Morton Grove, 695 F.2d 261, 269 (7th Cir.1982), cert. denied, 464 U.S. 863 , 104 S.Ct. 194 , 78 L.Ed.2d 170 , the court stated:

Plaintiff relies on the discussion in United States v. Verdugo-Urquidez, — U.S. -, 110 S.Ct. 1056 , 108 L.Ed.2d 222 , 232- 33 where the court discussed the definition of the phrase “the people” in various parts of the constitution as follows:

The Court accepts that definition of those who are protected from Congress or other parts of the National Government from infringing on their rights to bear arms. The Tenth Amendment to the Constitution provides:

Having demonstrated, as we have, that the Second Amendment stays the hand of the National Government only, we conclude that the Constitution has left the question of gun control to the several states. There are no federal constitutional provisions that have been offended by this Act.

II. The Right of Privacy Guaranteed by the Federal and California Constitutions.

In Roe v. Wade, 410 U.S. 113, 152 , 93 S.Ct. 705, 726 , 35 L.Ed.2d 147, 176-77 (1973), the United States Supreme Court ventured cautiously into this area as follows:

Since that time, it is common knowledge that the concept of a personal right of privacy, as guaranteed by the United States Constitution, has been under attack, not only by the two dissenting Justices who are still on the Court, but by the two Justices since appointed.

A survey of the entry entitled “Privacy” in Volume 11A of U.S. Supreme Court Digest, Lawyers Edition, shows that the concept has never been extended to the private citizen right to possess weapons, or to defend himself and his property. Indeed, the concept has been applied in a myriad of areas, such as the right of a person not to have his name or likeness used without consent, the right to be left alone, freedom of choice in marriage and family life, and so forth.

In Book III, Chapter 1, section 7, Jones, Blackstone — Commentaries on the Law of England, the right of self defense is described as follows:

Jones, Blackstone, page 1491 to 1493.

See also N.O. & N.E. Railroad Company v. Jopes, 142 U.S. 18 , 12 S.Ct. 109 , 35 L.Ed. 919 (1891).

It is clear from reading these excerpts, as well as older cases, that the modern rule of self-defense, as it presently applies to criminal and civil cases, is not of constitutional origin, but rather comes to us through our inheritance of English common law. Further, these quotations make it clear that the right does not depend upon the existence of certain weapons; indeed, the following standard instructions prepared by Devitt and Blackmar illustrate this:

Devitt and Blackmar § 41.19

Devitt and Blackmar § 41.20

Devitt and Blackmar, § 41.21

Devitt and Blackmar, § 41.22

This Court, of course, is bound to follow the California Supreme Court’s interpretation of the California Constitution. Counsel has cited no cases that deal with the privacy right guaranteed by Article 1, Section 1, of the California Constitution. The concept of privacy was added to the California Constitution in 1972. A perusal of the cases decided by the California Appellate Courts since that date does not reveal any cases that equate the right to privacy with the right of self-defense, or the right to possess firearms. Until the California Supreme Court so rules, this Court is not willing to do so.

III. Sections 12276 and 12276.5 of the California Penal Code are “Bills of Attainder."

Section 12276 of the California Penal Code describes 23 named rifles, 7 named pistols and 3 named shotguns as assault weapons. Section 12276.5(a) of the California Penal Code provides that:

That section continues to provide that upon a declaration of temporary suspension by the Court, the prohibitory provisions of the California Penal Code apply.

Bills of Attainder have been characterized by the United States Supreme Court in United States v. Brown, 381 U.S. 437, 448-49 , 85 S.Ct. 1707, 1715 , 14 L.Ed.2d 484, 492 (1965) as follows:

See the collection of cases in 4 L.Ed.2d 2155 et seq. As pointed out in the above quotation, the Bill must make identifications of its objects readily identifiable. Arguably, this statute meets that qualification.

However, the second characteristic is that the statute, rather than a court, must specify the punishment, totally omitting any court process of procedure. The statutes under attack do not so provide. First, section 12276.5 of the California Penal Code provides for a court hearing during the proceedings to determine that an unlisted weapon is an assault weapon. Further, any person who is charged with a violation is entitled to all of the rights available to criminal defendants generally.

IV. The Statutes and Regulations Issued to Administer the Statutes Create Special Privileges and Immunities in the Entertainment Industry.

This attack is aimed at the face of the statutes and regulations. The plaintiffs’ attack is largely based upon plaintiffs’ subjective reading of the statutes and the regulations. Plaintiffs argue that only the entertainment industry would qualify under the statutes and regulations. Title 11, Chapter 1, Subchapter 12.5, Article 3, Section 972(c) provides six different situations in which a permit applicant may establish good cause for a permit. The Court finds that the regulations issued provide for a fair, uniform and constitutional application of the permit process. Of course, should there arise an instance where the parties claim that the process is unconstitutionally applied, application for relief may be made.

V. That the Statutes as Written Would Require a Person Who Presently Owns an Assault Weapon to Incriminate Himself or Herself to Obtain a Permit.

California Penal Code Section 12285 provides that any person who lawfully possessed an assault rifle prior to June 1, 1989, shall register the firearm prior to January 1, 1991. A common sense interpretation of the statutes compels one to conclude that the lawful possession of an assault rifle continues to be lawful until the permit is issued, or until January 1, 1991, whichever shall occur first. Further, the statute provides for a permit to be issued to a person who is lawfully in possession of a weapon that is declared to be an assault weapon pursuant to Section 12276.5. The uses to which the permittee may put the weapon are specified.

After segregating persons who were lawful owners of assault weapons as a special class, California Penal Code section 12285 mandated that a registration procedure be set up to accommodate such persons as of May 31, 1985.

Plaintiffs include an Information Bulletin issued by the Division of Law Enforcement, California Department of Justice in an effort to prove that there is no attempt to register legal assault rifles. The document proves the contrary. This bulletin was provided to all California sheriff and police departments to aid them in responding to citizen inquiries. The document indicates that the Department of Justice had already implemented a registration procedure.

As to the information required to obtain registration and the allegation that its requirements cause the declarant to incriminate himself, the case of United States v. Flores, 753 F.2d 1499 (9th Cir.1985) is instructive. This case is a rehearing of 729 F.2d 593 , in which Flores, who was not a firearms dealer, attempted to ship 22 revolvers to Ecuador by air. He had not notified the airline that he was shipping guns as required by 18 U.S.C. section 922 (e). At the district court level, the defendant contended that compliance with the federal statutes under which he was charged would cause him to incriminate himself, hence, the indictment against him was barred by the Fifth Amendment to the United States Constitution. A panel of the Ninth Circuit agreed and dismissed the indictment with prejudice. The government petition for an en banc hearing was granted, and the en banc panel reversed, with three judges dissenting.

In United States v. Flores, 753 F.2d 1499, 1503-04 (9th Cir.1985) the en banc panel stated:

Coincidental with the passage of this legislation, the Legislature enacted California Penal Code sections 12275.5. This section provides as follows:

It is not for the Court to second guess the California Legislature. The Court notes, however, that the application form (Exhibit 16 in Support of a Preliminary Injunction) contains no questions that would necessarily cause the applicant to incriminate himself. As was pointed out in Flores, supra, the statute and the regulations must be read in light of the legislative purpose, and the need for the statute balanced against the claimed constitutional right.

VI. Plaintiffs’ Preemption Argument.

Plaintiffs contend that federal legislation in the area preempts the state’s right to legislate in this area. To support its argument, plaintiffs point to 10 U.S.C., sections 4307 to 4313 inclusive. These statutes provides as follows:

Title 10 of the United States Code, section 4307

Title 10 of the United States Code, section 4308

Title 10 of the United States Code, section 4309

Title 10 of the United States Code, section 4310

Title 10 of the United States Code, section 4311

Title 10 of the United States Code, section 4312

Title 10 of the United States Code, section 4313

The problem facing this Court is that the only reference to the activities which are carried out by the Director of Civilian Marksmanship is the citation to 32 Code of Federal Regulation, part 543. In all of part 543, there is no mention of the type of weapon to be used. However, the Court notes that in 32 Code of Federal Regulations, part 544, entitled “Civilian Marksmanship”, section 544.52 describes the arms to be used as follows:

1. US rifle, caliber .30 Ml as issued by the US Army, or a commercial rifle of the same type and caliber, or either rifle if chambered for 7.62mm.

2. US rifle, caliber 7.62mm M14 or a commercial rifle of the same type and caliber.

3. US rifle, caliber 5.56mm M16 or a commercial rifle of the same type.

4. US pistol .45M 1911 or 1911 Al or a commercial pistol of the same type.

Based on the Court’s limited knowledge of firearms, it does not appear that any of the legislatively banned weapons in question here qualify as a weapon to be used in the national competition.

This is not to say that the federal program outlined above in 10 U.S.C., section 4307 et seq. does not encourage local clubs to become proficient in assault weapons. It is significant, but not controlling, that no federal official or agency was a member of the plaintiffs’ group.

Title 18 of the United States Code, section 926A provides as follows:

Plaintiffs complain that this conflicts with California Penal Code section 12280(a)(1), which states as follows:

It should be noted that 18 U.S.C. section 926A has two important qualifications; (1) the person transporting the weapon must be entitled, by law, to possess the weapon in the place from which he is transporting it; and (2) be legally entitled to possess it in the place to which it is being transported.

Plaintiffs overlook the fact that when Congress passed these firearm sections in 1968, they also passed 18 U.S.C. section 927 which provides as follows:

Clearly, 18 U.S.C. section 926A and California Penal Code section 12280(a) can be reconciled.

Plaintiffs’ motion for a temporary injunction is denied. Defendants’ motion to dismiss the complaint is granted.

APPENDIX A

§ 12275. Citation of chapter

This chapter shall be known as the Roberti-Roos Assault Weapons Control Act of 1989. Added Stats 1989 ch 19 sec 3.

Note — Stats 1989 ch 19 also provides:

SEC. 4. If any provision of this act or the application thereof to any person or circumstances is held invalid, that invalidity shall not affect other provisions or applications of the act which can be given effect without the invalid provision or application, and to this end the provisions of this act are severable.

SEC. 5. 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 Chapter 2.3 (commencing with Section 12275) of Title 2 of Part 4 of the Penal Code.

§ 12275.5. Legislative findings and declarations

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 of the Legislature by this chapter 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.

Added Stats 1989 ch 19 sec 3.

Note — For severability of provisions, and legislative findings and declarations, see Note following Pen C § 12275.

§ 12276. “Assault weapon”

As used in this chapter, “assault weapon” shall mean the following firearms known by trade names:

(a) All of the following specified rifles:

(1) Avtomat Kalashnikovs (AK) series.

(2) UZI and Galil.

(3) Beretta AR-70 (SC-70).

(4) CETME G3.

(5) Colt AR-15 series and CAR-15 series.

(6) Daewoo K-l, K-2, Max 1, and Max 2.

(7) Fabrique Nationale FN/FAL, FN/LAR, and FNC.

(8) FAMAS MAS223.

(9) Heckler & Koch HK-91, H-93, HK-94, and PSG-1.

(10) MAC 10 and MAC 11.

(11) SKS with detachable magazine.

(12) SIG AMT, SIG 500 Series, and SIG PE-57.

(13) Springfield Armory BM59 and SAR-48.

(14) Sterling MK-6 and SAR.

(15) Steyr AUG.

(16) Valmet M62, M71S, and M78.

(17) Armalite AR-180 Carbine.

(18) Bushmaster Assault Rifle (armgun).

(19) Calico M-900 Assault Carbine.

(20) Mandall THE TAC-1 Carbine.

(21) Plainfield Machine Company Carbine.

(22) PJK M-68 Carbine.

(23) Weaver Arm Nighthawk.

(b) All of the following specified pistols:

(1) UZI.

(2) Encom MP-9 and MP-45.

(3) MAC 10 and MAC 11.

(4) INTRATEC TEC-9.

(5) Mitchell Arms Spectre Auto.

(6) Sterling MK-7.

(7) Calico M-900.

(c) All of the following specified shotguns:

(1) Franchi SPAS 12 and LAW 12.

(2) Gilbert Equipment Company Striker 12 and SWD Street Sweeper.

(3) Encom CM-55.

(d) Any firearm declared by a court pursuant to Section 12276.5 to be an assault weapon. Added Stats 1989 ch 19 sec 3,

Note — For severability of provisions, and legislative findings and declarations, see Note following Pen C § 12275.

§ 12276.5. Declaration of temporary suspension of manufacture, sale, or impotation; Notice; Hearing on permanent declaration

(a) Upon request by the Attorney General filed in a verified petition in a superior court of a county with a population of more than 1,000,000, the superior 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 subdivision (a), (b), or (c) of Section 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 can not 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 subdivision (a), (b), or (c) of Section 12276, or which is manufactured or sold by another company under a licensing agreement to manufacture or sell one of the firearms listed in subdivision (a), (b), or (c) of Section 12276, regardless of the company of production or distribution, or the country of origin.

(b) Upon the issuance of a declaration of temporary suspension by the superior court and 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.

(c) 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.

(d) The Attorney General shall maintain a list of any persons who request to receive notice of any declaration of temporary suspension and shall furnish notice under subdivision (c) to all these persons immediately upon a superior court declaration. Notice shall also be furnished by the Attorney General by certified mail, return receipt requested (or substantial equivalent if the person to receive same resides outside the United States), to any known manufacturer and California distributor of the weapon subject of the temporary suspension order or their California statutory agent for service. The notice shall be deemed effective upon mailing.

(e) After issuing a declaration of temporary suspension under this section, the superior court shall set a date for hearing on a permanent declaration that the weapon is an assault weapon. The hearing shall be set no later than 30 days from the date of issuance of the declaration of temporary suspension. The hearing may be continued for good cause thereafter. 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. Any manufacturer or California distributor who fails to timely exercise its right of intervention, or any other person who manufacturers, sells, or owns the assault weapon may, in the court’s discretion, thereafter join the action as amicus curiae.

(f) At the hearing, the burden of proof is upon the Attorney General to show by a preponderance of evidence that the weapon which is the subject of the declaration of temporary suspension 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 by the appellate court.

Added Stats 1989 ch 19 sec 3.

Note — For legislative findings and declarations, and severability, see Note following Pen C § 12275.

§ 12277. “Person”

As used in this chapter, “person” means an individual, partnership, corporation, association, or any other group or entity, regardless of how it was created. Added Stats 1989 ch 19 sec 3.

Note — For severability of provisions, and legislative findings and declarations, see Note following Pen C § 12275.

ARTICLE 2

Unlawful Activities

§ 12280. Manufacture, transportation, importation, or sale of weapons; Felony; Punishments; Exceptions

(a)(1) Any person who within this state manufactures or causes to be manufactured, distributes, transports, or imports into the state, keeps for sale, or offers or exposes for sale, or who gives or lends any assault weapon, except as provided by this chapter, is guilty of a felony, and upon conviction shall be punished by imprisonment in the state prison for four, six, or eight years.

(2) In addition and consecutive to the punishment imposed under paragraph (1), any person who transfers, lends, sells, or gives any assault weapon to a minor in violation of paragraph (1) shall receive an enhancement of one year.

(b) Except as provided in Section 12288, any person who, within this state, possesses any assault weapon, except as provided in this chapter, is guilty of a public offense and upon conviction shall be punished by imprisonment in the state prison, or in the county jail, not exceeding one year. However, if the person presents proof that he or she lawfully possessed the ■ assault weapon prior to June 1, 1989, or prior to a declaration issued pursuant to Section 12276.5 declaring that firearm to be an assault weapon, and has since either registered the firearm and any other lawfully obtained firearm subject to this chapter pursuant to Section 12285 or relinquished them pursuant to Section 12288, a first-time violation of this subdivision shall be an infraction punishable by a fine of up to five hundred dollars ($500), but not less than three hundred fifty dollars ($350), if the person has otherwise possessed the firearm in compliance with subdivision (c) of Section 12285. In these cases, the firearm shall be returned unless the court finds in the interest of public safety, after notice and hearing, that the assault weapon should be destroyed pursuant to Section 12028.

(c) Notwithstanding Section 654 or any other provision of law, any person who commits another crime while violating this section may receive an additional, consecutive punishment of one year for violating this section in addition and consecutive to the punishment, including enhancements, which is prescribed for the other crime.

(d) Subdivisions (a) and (b) do not apply to the sale to, purchase by, or possession of assault weapons by the Department of Justice, police departments, sheriffs’ offices, the Department of Corrections, the California Highway Patrol, the California State Police, district attorneys’ offices, or the military or naval forces of this state or of the United States for use in the discharge of their official duties; nor shall anything in this chapter prohibit the possession or use of assault weapons by sworn members of these agencies when on duty and the use is within the scope of their duties.

Added Stats 1989 ch 19 sec 3. Amended Stats 1989 ch 959 sec 1.

Note — For severability of provisions, and legislative findings and declarations, see Note following Pen C § 12275.

ARTICLE 3

Registration and Permits

§ 12285. Registration procedure; Fee; Sale or transfer to licensed gun dealer; Conditions for possession; Persons excluded from registration or possession

§ 12286. Permit requirement

§ 12288. Relinquishment of weapon to peace officers

§ 12285. Registration procedure; Fee; Sale or transfer to licensed gun dealer; Conditions for possession; Persons excluded from registration or possession

(a) Any person who lawfully possesses an assault weapon, as defined in Section 12276, prior to June 1, 1989, shall register the firearm by January 1, 1991, with the Department of Justice pursuant to those procedures which the department may establish. The registration shall contain a description of the firearm that identifies it uniquely, including all identification marks, the full name, address, date of birth, and thumbprint of the owner, and any other information as the department may deem appropriate. The department may charge a fee for registration of up to twenty dollars ($20) per person but not to exceed the actual processing costs of the department. After the department establishes fees sufficient to reimburse the department for processing costs, fees charged shall increase at a rate not to exceed the legislatively approved annual cost-of-living adjustment for the department’s budget or as otherwise increased through the State Budget Act.

(b) No assault weapon possessed pursuant to this section may be sold or transferred on or after January 1, 1990, to anyone within this state other than to a licensed gun dealer, as defined in subdivision (b) of Section 12290, or as provided in Section 12288. Any person who (1) obtains title to an assault weapon registered under this section by bequest or intestate succession, (2) moves into the state in lawful possession of an assault weapon, x or (8) lawfully possessed a firearm subsequently declared to be an assault weapon pursuant to Section 12276.5, shall, within 90 days, either render the weapon permanently inoperable, sell the weapon to a licensed gun dealer, obtain a permit from the Department of Justice in the same manner as specified in Article 3 (commencing with Section 12230) of Chapter 2, or remove the weapon from this state. A person who lawfully possessed a firearm which was subsequently declared to be an assault weapon pursuant to Section 12276.5 may alternatively register the firearm within 90 days of the declaration issued pursuant to subdivision (f) of Section 12276.5.

(c) A person who has registered an assault weapon under this section may possess it only under the following conditions unless a permit allowing additional uses is first obtained under Section 12286:

(1) At that person’s residence, place of business, or other property owned by that person, or on property owned by another with the owner’s express permission.

(2) While on the premises of a target range of a public or private club or organization organized for the purpose of practicing shooting at targets.

(3) While on a target range which holds a regulatory or business license for the purpose of practicing shooting at that target range.

(4) While on the premises of a shooting club which is licensed pursuant to the Fish and Game Code.

(5) While attending any exhibition, display, or educational project which is about firearms and which is sponsored by, conducted under the auspices of, or approved by a law enforcement agency or a nationally or state recognized entity that fosters proficiency in, or promotes education about, firearms.

(6) While transporting the assault weapon between any of the places mentioned in this subdivision, if the assault weapon is transported as required by Section 12026.1.

(d) No person who is under the age of 18 years, no person who is prohibited from possessing a firearm by Section 12021 or 12021.1 of this code, and no person described in Section 8100 or 8103 of the Welfare and Institutions Code may register or possess an assault weapon.

(e) The department’s registration procedures shall provide the option of joint registration for assault weapons owned by family members residing in the same household.

Added Stats 1989 ch 19 sec 3.

Note — For severability of provisions, and legislative findings and declarations, see Note following Pen C § 12275.

§ 12286. Permit requirement

(a) Any person that lawfully acquired an assault weapon before June 1, 1989, and wishes to use it in a manner different than specified in subdivision (c) of Section 12285, any person that lawfully acquired an assault weapon between June 1, 1989, and January 1, 1990, and wishes to keep it after January 1, 1990, or any person who wishes to acquire an assault weapon after January 1, 1990, shall first obtain a permit from the Department of Justice in the same manner as specified in Article 3 (commencing with Section 12230) of Chapter 2.

Added Stats 1989 ch 19 sec 3.

Note — For severability of provisions, and legislative findings and declarations, see Note following Pen C § 12275.

§ 12288. Relinquishment of weapon to peace officers

Any individual may arrange in advance to relinquish an assault weapon to a police or sheriffs department. The assault weapon shall be transported in accordance Section 12026.1.

Added Stats 1989 ch 19 sec 3.

Note — For severability, and legislative findings and declarations, see Note following Pen C § 12275.

ARTICLE 4

Licensed Gun Dealers

§ 12290. Transportation, display or sale of weapons; “Licensed gun dealer”

(a) Any licensed gun dealer, as defined in subdivision (b), who lawfully possesses an assault weapon pursuant to Section 12285, in addition to the uses allowed in Section 12285, may transport the weapon between dealers or out of the state, display it at any ^ gun show licensed by a state or local governmental entity, sell it to a resident outside the state, or sell it to a person who has been issued a permit pursuant to Section 12286. Any transporting allowed by this section must be done as required by Section 12026.1.

(b) The term “licensed gun dealer,” as used in this article means a person who has a federal firearms license, any business license required by a state or local governmental entity, and a seller's permit issued by the State Board of Equalization.

Added Stats 1989 ch 19 sec 3.

. The Court is informed that the Act was amended effective June 27, 1990. The Court has not considered those amendments in this memorandum decision. . It is the constitutional and statutory duty of each district attorney of California to institute criminal proceedings and to cause the arrest of all "persons charged with or reasonably suspected of public offenses.” See California Government Code § 26501. The district attorney has the mandatory duty to draw all indictments and information. See California Government Code § 26502. The Attorney General, on the other hand, directly supervises the district attorneys of the several counties. The relationship of the Attorney General and the several district attorneys of the State was addressed in People v. Brophy, 49 Cal.App.2d 15, 18 , 120 P.2d 946 (1942). It would not appear that the California Attorney General has any duty, initially, to prosecute individual violations of the act. However, the act does create a unique relationship between him and the firearms manufacturer. . In the Court's view, this analysis in no way changes the traditional interpretation of the Second Amendment. . All people are by nature free and independent, and have certain inalienable rights, among which are those of enjoying and defending life and liberty; acquiring, possessing, and protecting property; and pursuing and obtaining safety, happiness, and privacy. Cal Const. Art. 1, § 1