This act recodifies the provisions of former Title 2 (commencing with Section 12000) of Part 4, which was entitled “Control of Deadly Weapons.” The act shall be known and may be cited as the “Deadly Weapons Recodification Act of 2010.”
Preliminary ProvisionsGeneral Provisions
Section § 16000
This law reorganizes and updates the rules that were previously in Title 2, Part 4, regarding the management and regulation of deadly weapons. It's officially called the 'Deadly Weapons Recodification Act of 2010.'
deadly weapons recodification 2010 act
Section § 16005
This section states that the Deadly Weapons Recodification Act of 2010 does not aim to change the existing laws about deadly weapons. Instead, the act is purely an administrative update and should be understood as such. It clarifies that all parts of the act, including cross-references, are to be interpreted in a way that doesn't alter the substance of the law.
Nothing in the Deadly Weapons Recodification Act of 2010 is intended to substantively change the law relating to deadly weapons. The act is intended to be entirely nonsubstantive in effect. Every provision of this part, of Title 2 (commencing with Section 12001) of Part 4, and every other provision of this act, including, without limitation, every cross-reference in every provision of the act, shall be interpreted consistent with the nonsubstantive intent of the act.
Deadly Weapons Recodification Act of 2010 administrative update nonsubstantive intent
Section § 16010
This law section explains that if parts of the Deadly Weapons Recodification Act of 2010 are similar to older laws on the same topic, they are viewed as continuations, not new laws.
It also clarifies that if other statutes refer to these previous laws, they should be understood as referencing the updated, continued version, unless stated otherwise.
(a)CA Penal Law Code § 16010(a) A provision of this part or of Title 2 (commencing with Section 12001) of Part 4, or any other provision of the Deadly Weapons Recodification Act of 2010, insofar as it is substantially the same as a previously existing provision relating to the same subject matter, shall be considered as a restatement and continuation thereof and not as a new enactment.
(b)CA Penal Law Code § 16010(b) A reference in a statute to a previously existing provision that is restated and continued in this part or in Title 2 (commencing with Section 12001) of Part 4, or in any other provision of the Deadly Weapons Recodification Act of 2010, shall, unless a contrary intent appears, be deemed a reference to the restatement and continuation.
(c)CA Penal Law Code § 16010(c) A reference in a statute to a provision of this part or of Title 2 (commencing with Section 12001) of Part 4, or any other provision of the Deadly Weapons Recodification Act of 2010, which is substantially the same as a previously existing provision, shall, unless a contrary intent appears, be deemed to include a reference to the previously existing provision.
Deadly Weapons Recodification Act continuation of laws restatement of provisions
Section § 16015
This law states that if a legal rule about deadly weapons has been updated or reorganized under the Deadly Weapons Recodification Act of 2010, any conviction under the old rule is considered a prior conviction under the new or updated rule. This applies unless there's a specific reason in the law to treat it differently.
If a previously existing provision is restated and continued in this part, or in Title 2 (commencing with Section 12001) of Part 4, or in any other provision of the Deadly Weapons Recodification Act of 2010, a conviction under that previously existing provision shall, unless a contrary intent appears, be treated as a prior conviction under the restatement and continuation of that provision.
deadly weapons recodification prior conviction
Section § 16020
This section explains that when interpreting the parts of the Deadly Weapons Recodification Act of 2010, past court decisions about similar or restated laws can be helpful. However, the new act doesn't evaluate whether those past court decisions were right or wrong. Essentially, while older decisions can guide interpretation, the act doesn't express any opinion on them.
(a)CA Penal Law Code § 16020(a) A judicial decision interpreting a previously existing provision is relevant in interpreting any provision of this part, of Title 2 (commencing with Section 12001) of Part 4, or any other provision of the Deadly Weapons Recodification Act of 2010, which restates and continues that previously existing provision.
(b)CA Penal Law Code § 16020(b) However, in enacting the Deadly Weapons Recodification Act of 2010, the Legislature has not evaluated the correctness of any judicial decision interpreting a provision affected by the act.
(c)CA Penal Law Code § 16020(c) The Deadly Weapons Recodification Act of 2010 is not intended to, and does not, reflect any assessment of any judicial decision
interpreting any provision affected by the act.
Deadly Weapons Recodification Act of 2010 judicial interpretation previous provisions
Section § 16025
This law explains that if a court has previously decided on the constitutionality of a law, that decision can help assess the constitutionality of any laws that are part of the Deadly Weapons Recodification Act of 2010 or any related statutes. However, when this recodification act was created, the legislature did not perform any new evaluation of the constitutionality of the laws it includes or affirm previous court decisions. The act itself does not intend to make any judgments on whether the provisions are constitutional.
(a)CA Penal Law Code § 16025(a) A judicial decision determining the constitutionality of a previously existing provision is relevant in determining the constitutionality of any provision of this part, of Title 2 (commencing with Section 12001) of Part 4, or any other provision of the Deadly Weapons Recodification Act of 2010, which restates and continues that previously existing provision.
(b)CA Penal Law Code § 16025(b) However, in enacting the Deadly Weapons Recodification Act of 2010, the Legislature has not evaluated the constitutionality of any provision affected by the act, or the correctness of any judicial decision determining the constitutionality of any provision affected by the act.
(c)CA Penal Law Code § 16025(c) The Deadly Weapons Recodification Act of 2010 is not intended to, and does not, reflect any determination of the constitutionality of any provision affected by the act.
judicial decision constitutionality Deadly Weapons Recodification Act of 2010
