Terms Used In California Codes > Penal Code > Part 6 > Title 4 > Division 10 > Chapter 2 - Assault Weapons and .50 BMG Rifles

• Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
• Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
• Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
• ammunition: includes , but is not limited to, any bullet, cartridge, magazine, clip, speed loader, autoloader, ammunition feeding device, or projectile capable of being fired from a firearm with a deadly consequence. See California Penal Code 16150
• Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
• Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
• Arrest: Taking physical custody of a person by lawful authority.
• assault weapon: means the following designated semiautomatic firearms:

  California Penal Code 30510

• Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
• Authority: means the High-Speed Rail Authority. See California Public Utilities Code 185012
• Bequest: Property gifted by will.
• board: means the State Public Works Board, and "director" means Director of General Services. See California Government Code 15752
• Board: means the State Public Works Board. See California Government Code 15802
• Board: means the State Board of Forestry and Fire Protection. See California Public Resources Code 5093.52
• Bonds: means revenue bonds, notes, including commercial paper notes or other forms of negotiable short-term indebtedness, or bond anticipation notes issued to finance prison facilities, interest during construction of prison facilities, reserve funds, and costs of issuance of the bonds, as the board may determine. See California Government Code 15819.1
• candidate: includes any officeholder who is subject to a recall election. See California Elections Code 305
• certificated members: shall mean members who retain membership under this system while employed in positions subject to coverage under the Defined Benefit Program under the State Teachers' Retirement System. See California Government Code 20636.1
• City: includes "city and county" and "incorporated town" but does not include "unincorporated town" or "village. See California Government Code 20
• City: includes city and county and "incorporated town" but does not include "unincorporated town" or "village. See California Public Utilities Code 19
• Clerk: means the county elections official, registrar of voters, city clerk, or other officer or board charged with the duty of conducting any election. See California Elections Code 307
• Coastal recreational resources: means those land and water areas adjacent to or in close proximity to the Pacific Ocean which are suitable for public park, beach, or recreational purposes, including, but not limited to, areas of historical significance and areas of open space that complement park, beach, or recreational areas. See California Public Resources Code 5096.123
• Code: means the Code of Fair Campaign Practices. See California Elections Code 20420
• Commission: means the Public Utilities Commission. See California Public Utilities Code 4451
• Commission: means the Public Utilities Commission created by §. See California Public Utilities Code 20
• Commissioner: means any county agricultural commissioner. See California Food and Agricultural Code 26
• compensation: means the remuneration paid out of funds controlled by the employer in payment for the member's services performed during normal working hours or for time during which the member is excused from work because of any of the following:

  California Government Code 20630

• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Construction: includes the extension, enlargement, repair, renovation, restoration, improvement, furnishing, and equipping of any public building. See California Government Code 15802
• Contract: A legal written agreement that becomes binding when signed.
• Conviction: A judgement of guilt against a criminal defendant.
• Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
• County: includes city and county. See California Government Code 19
• county: includes "city and county". See California Penal Code 7
• County: includes "city and county. See California Public Resources Code 14
• County: includes city and county. See California Public Utilities Code 18
• County: includes city and county. See California Food and Agricultural Code 29
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Decedent: A deceased person.
• Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
• department: means the Department of Parks and Recreation and "director" means the Director of Parks and Recreation. See California Public Resources Code 5001.1
• Department: means the Department of Housing and Community Development. See California Public Utilities Code 4351
• Department: means the Department of Housing and Community Development. See California Public Utilities Code 4451
• Department: means the Department of Parks and Recreation. See California Public Resources Code 5095.2
• Department: means the Department of Food and Agriculture. See California Food and Agricultural Code 32
• Dependent: A person dependent for support upon another.
• Director: means the Director of Fish and Game. See California Public Resources Code 5093.52
• Director: means the Director of Parks and Recreation. See California Public Resources Code 5095.2
• Disability: means a medical condition, mental disability, or physical disability, as those terms are defined in subdivisions (i), (j), and (l) of §. See California Elections Code 354.5
• Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
• Distribution system: means a system of pipes within a mobilehome park operated by a person or corporation, other than a public utility, which is connected to a meter or other measuring device under the control of a privately owned or publicly owned public utility, for purposes of distribution of gas by the operator of a mobilehome park to the tenants of the mobilehome park who are the actual users of the gas furnished through the meter or device to the operator by the public utility. See California Public Utilities Code 4351
• Distribution system: means a system of pipes, operated by a person or corporation other than a public utility, serving 10 or more customers, within a citywide area, an apartment house, a condominium, a cluster of homes, a shopping center, a combination of any of the above, a mobilehome park with two or more customers, or any system if a portion of the system is located in a public place, which is connected to a tank or tanks, for the purpose of distribution of propane to the end customers. See California Public Utilities Code 4451
• District: means any district authorized to provide park and recreation services, except a school district. See California Public Resources Code 5096.123
• Election: means any election including a primary that is provided for under this code. See California Elections Code 318
• Elections official: means any of the following:

  California Elections Code 320

• elective officer: includes any officer of the Senate or Assembly who is elected by vote of the members of either or both of the houses of the Legislature, and any appointive officer of a city or county occupying a fixed term of office, as well as officers of the state or contracting agencies elected by the people, and persons elected to a city council or a county board of supervisors. See California Government Code 20322
• Elector: means a person who is a United States citizen 18 years of age or older and, except as specified in subdivision (b), is a resident of an election precinct in this state on or before the day of an election. See California Elections Code 321
• Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. ^{Source: U.S. Courts}
• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• Ex officio: Literally, by virtue of one's office.
• Executor: A male person named in a will to carry out the decedent
• Facility: includes a place for organized team sports, outdoor recreation, permanent play structures, and multipurpose structures designed to meet the special recreational, educational, vocational, and social needs of youth. See California Public Resources Code 5095.2
• Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
• federal pipeline standards: means the federal Natural Gas Pipeline Safety Act of 1968 (49 U. See California Public Utilities Code 4351
• federal pipeline standards: means the Federal Natural Gas Pipeline Safety Act of 1968 (49 U. See California Public Utilities Code 4451
• firearm: includes the frame or receiver of the weapon, including both a completed frame or receiver, or a firearm precursor part:

  California Penal Code 16520

• Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
• Fraud: Intentional deception resulting in injury to another.
• Free-flowing: means existing or flowing without artificial impoundment, diversion, or other modification of the river. See California Public Resources Code 5093.52
• Fund: means the State Urban Parks and Healthy Communities Fund. See California Public Resources Code 5095.2
• Gas: means natural or manufactured gas, except propane, used for light, heat, or power. See California Public Utilities Code 4351
• General election: means either of the following:

  California Elections Code 324

• Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
• gunsmith: means any person who is licensed as a dealer pursuant to Chapter 44 (commencing with Section 921) of Title 18 of the United States Code and the regulations issued pursuant thereto, who is engaged primarily in the business of repairing firearms, or making or fitting special barrels, stocks, or trigger mechanisms to firearms, or the agent or employee of that person. See California Penal Code 16630
• Habeas corpus: A writ that is usually used to bring a prisoner before the court to determine the legality of his imprisonment. It may also be used to bring a person in custody before the court to give testimony, or to be prosecuted.
• High-speed rail: means intercity passenger rail service that utilizes an alignment and technology that makes it capable of sustained speeds of 200 miles per hour or greater. See California Public Utilities Code 185012
• Historical resource: includes , but is not limited to, any building, structure, site, area, or place which is historically or archaeologically significant, or is significant in the architectural, engineering, scientific, economic, agricultural, educational, social, political, military, or cultural annals of California. See California Public Resources Code 5096.123
• Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• Intestate: Dying without leaving a will.
• Joint committee: Committees including membership from both houses of teh legislature. Joint committees are usually established with narrow jurisdictions and normally lack authority to report legislation.
• Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
• Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). ^{Source: OCC}
• Lease-purchase financing: means the financing of prison facilities from the proceeds of the sale of bonds authorized by the board. See California Government Code 15819.1
• legislative body: means board of trustees, city council, or other governing body of a city. See California Government Code 34000
• Lessor: means the lessor under any prison facilities lease and any trustee on behalf of the lessor. See California Government Code 15819.1
• Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
• license: shall include a permit or a certificate issued by a state agency. See California Penal Code 23
• Lien: A claim against real or personal property in satisfaction of a debt.
• Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
• Local election: is a municipal, county, or district election. See California Elections Code 328
• Local enforcement agency: means the city, county, or city and county which has assumed the responsibility for the enforcement of Chapter 2 (commencing with Section 18300) of Part 2. See California Public Utilities Code 4351
• Local enforcement agency: means the city, county, or city and county that has assumed the responsibility for the enforcement of Chapter 2 (commencing with Section 18300) of Part 2. See California Public Utilities Code 4451
• machinegun: means any weapon that shoots, is designed to shoot, or can readily be restored to shoot, automatically more than one shot, without manual reloading, by a single function of the trigger. See California Penal Code 16880
• Measure: means any constitutional amendment or other proposition submitted to a popular vote at any election. See California Elections Code 329
• Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
• Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
• Operator: is a mobilehome park owner or operator who maintains and operates a master-metered natural gas distribution system. See California Public Utilities Code 4351
• Operator: means the owner of the mobilehome park or the distribution system, or the designated responsible employee, manager, or legal representative. See California Public Utilities Code 4451
• Oral argument: An opportunity for lawyers to summarize their position before the court and also to answer the judges' questions.
• Outlays: Outlays are payments made (generally through the issuance of checks or disbursement of cash) to liquidate obligations. Outlays during a fiscal year may be for payment of obligations incurred in prior years or in the same year.
• Oversight: Committee review of the activities of a Federal agency or program.
• Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
• Party: means a political party or organization that has qualified for participation in any primary or presidential general election. See California Elections Code 338
• peace officer: signify any one of the officers mentioned in Chapter 4. See California Penal Code 7
• Person: includes any person, firm, association, organization, partnership, limited liability company, business trust, corporation, or company. See California Government Code 17
• person: includes a firm, association, corporation, campaign committee or organization. See California Elections Code 20200
• person: includes a corporation as well as a natural person. See California Penal Code 7
• Person: means any individual, partnership, association, corporation, limited liability company, or any organized group of persons whether incorporated or not. See California Food and Agricultural Code 38
• Plaintiff: The person who files the complaint in a civil lawsuit.
• Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
• Polling place: means a location where a voter casts a ballot and includes the following terms, as applicable: poll, polling location, and vote center. See California Elections Code 338.5
• Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
• Precinct: means a geographical area within a county that is made up of voters and is formed pursuant to Chapter 3 (commencing with Section 12200) of Division 12. See California Elections Code 338.6
• Primary election: includes all primary nominating elections provided for by this code. See California Elections Code 341
• Prison facilities lease: means any lease of a prison facility entered into by the Director of Corrections with the board pursuant to this chapter. See California Government Code 15819.1
• Prison facility: means real property, fixtures, furnishings, equipment, and related improvements for the following facilities:

  California Government Code 15819.1

• Probate: Proving a will
• Process: includes a writ or summons issued in the course of judicial proceedings of either a civil or criminal nature. See California Government Code 22
• Propane: means propane gas, also known as liquid petroleum gas or LPG. See California Public Utilities Code 4451
• Property: includes all property, real, personal or mixed, tangible or intangible, or any interest therein necessary or desirable for carrying out the purposes of this part. See California Government Code 15802
• property: includes both real and personal property. See California Penal Code 7
• Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
• Public building: includes any structure, building, facility, or work that a state agency has jurisdiction of, or is authorized to design or construct, including, but not limited to, infrastructure, parking lots, landscaping, and other ancillary facilities, including furnishings and equipment, incidental to the use of any building, and also includes the site thereof, and any easements or rights of way appurtenant thereto or necessary for its full use. See California Government Code 15802
• Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
• Public place: means any system supplying two or more customers where any portion is under a public right of way. See California Public Utilities Code 4451
• Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
• Resources Agency: means the Secretary of the Resources Agency and any constituent units of the Resources Agency that the secretary determines to be necessary to accomplish the purposes of this chapter. See California Public Resources Code 5093.52
• Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
• River: means the water, bed, and shoreline of rivers, streams, channels, lakes, bays, estuaries, marshes, wetlands, and lagoons, up to the first line of permanently established riparian vegetation. See California Public Resources Code 5093.52
• Roster: means the official list of voters for an election, which may be in paper or electronic form. See California Elections Code 349.5
• safety: is a utomatically applied by the pistol, this feature shall not be defeated. See California Penal Code 31900
• Secretary: means the Secretary of the Resources Agency. See California Public Resources Code 5093.52
• Secretary: means the Secretary of Food and Agriculture. See California Food and Agricultural Code 35
• series: includes all other models that are only variations, with minor differences, of those models listed in subdivision (a), regardless of the manufacturer. See California Penal Code 30510
• Service of process: The service of writs or summonses to the appropriate party.
• Signature: includes either of the following:

  California Elections Code 354.5

• Sole ownership: The type of property ownership in which one individual holds legal title to the property and has full control of it.
• Special election: is a n election, the specific time for the holding of which is not prescribed by law. See California Elections Code 356
• Special treatment areas: means , for purposes of this chapter, those areas defined as special treatment areas in Section 895. See California Public Resources Code 5093.52
• State: means the State of California, unless applied to the different parts of the United States. See California Government Code 18
• state: when applied to the different parts of the United States, includes the District of Columbia and the territories, and the words "United States" may include the district and territories. See California Penal Code 7
• State: means the State of California, unless applied to the different parts of the United States. See California Public Utilities Code 17
• State agency: includes any state office, officer, department, division, bureau, board, commission, organization, or agency including, without limitation, the University of California, the California State University, the California Community Colleges, and the Judicial Council. See California Government Code 15802
• state agency: includes every state office, officer, department, division, bureau, board, and commission. See California Government Code 11000
• state lands: means lands owned by, or under the jurisdiction of, the state or any state agency. See California Public Resources Code 5097
• Statute: A law passed by a legislature.
• Subdivision: means a subdivision of the section in which that term occurs unless some other section is expressly mentioned. See California Public Utilities Code 10
• Subdivision: means a subdivision of the section in which that term occurs unless some other section is expressly mentioned. See California Food and Agricultural Code 49
• Subdivision: means a subdivision of the section in which the term occurs unless some other section is expressly mentioned. See California Government Code 10
• Subpoena: A command to a witness to appear and give testimony.
• Supplier: means a person or corporation, other than a public utility, who sells propane and arranges for its delivery to the operator's tank. See California Public Utilities Code 4451
• System: means the California Wild and Scenic Rivers System. See California Public Resources Code 5093.52
• Tank: means a vessel for the storage and distribution of propane. See California Public Utilities Code 4451
• Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
• Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
• Trust fund: means the propane safety inspection and enforcement trust fund established pursuant to Section 4462. See California Public Utilities Code 4451
• Trustee: A person or institution holding and administering property in trust.
• Uphold: The decision of an appellate court not to reverse a lower court decision.
• Urbanized or heavily urbanized local agencies: include cities, counties, or a city and county, or special districts as determined by the Department of Finance according to the latest verifiable census data pursuant to subdivisions (c) and (d) of Section 5621. See California Public Resources Code 5095.2
• User fees: Fees charged to users of goods or services provided by the government. In levying or authorizing these fees, the legislature determines whether the revenue should go into the treasury or should be available to the agency providing the goods or services.
• Venue: The geographical location in which a case is tried.
• Voter: means any elector who is registered under this code. See California Elections Code 359
• Voter list: means the list of registered voters in a single or consolidated precinct or in an entire county. See California Elections Code 359.2
• Writ: A formal written command, issued from the court, requiring the performance of a specific act.