BILL NUMBER: AB 169 AMENDED
BILL TEXT
AMENDED IN SENATE AUGUST 12, 2013
AMENDED IN SENATE JUNE 24, 2013
AMENDED IN SENATE JUNE 3, 2013
AMENDED IN ASSEMBLY APRIL 1, 2013
AMENDED IN ASSEMBLY MARCH 4, 2013
INTRODUCED BY Assembly Member Dickinson
JANUARY 24, 2013
An act to amend Sections 32000, 32100, and 32110 of the Penal
Code, relating to unsafe handguns.
LEGISLATIVE COUNSEL'S DIGEST
AB 169, as amended, Dickinson. Unsafe handguns.
(1) Existing law provides for the testing of handguns and requires
the Department of Justice to maintain a roster listing all handguns
that are determined not to be unsafe handguns. Existing law makes it
a crime, punishable by imprisonment in a county jail not exceeding
one year, to manufacture, import into the state for sale, keep for
sale, offer or expose for sale, give, or lend an unsafe handgun.
Existing law provides that the provisions defining and governing
unsafe handguns do not apply to the sale, loan, or transfer of any
firearm in a transaction that requires the use of a licensed dealer
or to the delivery of a firearm to a licensed dealer for purposes of
a consignment sale or as collateral for a pawnbroker loan.
This bill would limit these exemptions to a maximum of 2 firearms
per person, per calendar year, and would make the provisions defining
and governing unsafe handguns inapplicable to the sale,
loan, or transfer surrender of any pistol,
revolver, or other firearm capable of being concealed upon the
person, conducted through a licensed dealer, that was listed
on the roster of not unsafe handguns but was subsequently removed
because of the failure to pay the fee necessary to keep the firearm
listed on the roster person to a local law enforcement
agency . By expanding the definition of a crime, this bill
would impose a state-mandated local program.
(2) Existing law makes the provisions defining and governing
unsafe handguns inapplicable to a single-shot pistol, as specified.
This bill would instead make the provisions defining and governing
unsafe handguns inapplicable to a single-shot pistol with a break
top or bolt action. The bill would make this exemption inapplicable
to a semiautomatic pistol that has been temporarily or permanently
altered so that it will not fire in a semiautomatic mode. By
expanding the definition of a crime, this bill would impose a
state-mandated local program.
(3) Existing law exempts the purchase of a handgun from the above
prohibition on manufacturing, importing, selling, giving, or lending
an unsafe handgun if the handgun is sold to, or purchased by, the
Department of Justice, a police department, a sheriff's official, a
marshal's office, the Department of Corrections and Rehabilitation,
the California Highway Patrol, any district attorney's office, or the
military or naval forces of this state or of the United States for
use in the discharge of their official duties.
This bill would prohibit a person exempted under the above
provision from selling or otherwise transferring the ownership of the
handgun to a person who is not exempted under the same provision
unless the transaction is exempt from the requirement to complete the
transaction through a licensed dealer. By expanding the definition
of a crime, this bill would impose a state-mandated local program.
(4) The bill would also make nonsubstantive, technical
corrections.
(5) 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.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 32000 of the Penal Code is amended to read:
32000. (a) Commencing January 1, 2001, any person in this state
who manufactures or causes to be manufactured, imports into the state
for sale, keeps for sale, offers or exposes for sale, gives, or
lends any unsafe handgun shall be punished by imprisonment in a
county jail not exceeding one year.
(b) This section shall not apply to any of the following:
(1) The manufacture in this state, or importation into this state,
of a prototype handgun when the manufacture or importation is for
the sole purpose of allowing an independent laboratory certified by
the Department of Justice pursuant to Section 32010 to conduct an
independent test to determine whether that handgun is prohibited by
Sections 31900 to 32110, inclusive, and, if not, allowing the
department to add the firearm to the roster of handguns that may be
sold in this state pursuant to Section 32015.
(2) The importation or lending of a handgun by employees or
authorized agents of entities determining whether the weapon is
prohibited by this section.
(3) Firearms listed as curios or relics, as defined in Section
478.11 of Title 27 of the Code of Federal Regulations.
(4) The sale or purchase of a handgun, if the handgun is sold to,
or purchased by, the Department of Justice, a police department, a
sheriff's official, a marshal's office, the Department of Corrections
and Rehabilitation, the California Highway Patrol, any district
attorney's office, or the military or naval forces of this state or
of the United States for use in the discharge of their official
duties. This section does not prohibit the sale to, or purchase by,
sworn members of these agencies of a handgun. A person who, under
this paragraph, acquires a handgun that is not on the roster required
by Section 32015, shall not sell or otherwise transfer ownership of
the handgun to a person who is not exempted under this paragraph.
(c) Violations of subdivision (a) are cumulative with respect to
each handgun and shall not be construed as restricting the
application of any other law. However, an act or omission punishable
in different ways by this section and other provisions of law shall
not be punished under more than one provision, but the penalty to be
imposed shall be determined as set forth in Section 654.
SEC. 2. Section 32100 of the Penal Code is amended to read:
32100. (a) Article 4 (commencing with Section 31900) and Article
5 (commencing with Section 32000) shall not apply to a single-action
revolver that has at least a five-cartridge capacity with a barrel
length of not less than three inches, and meets any of the following
specifications:
(1) Was originally manufactured prior to 1900 and is a curio or
relic, as defined in Section 478.11 of Title 27 of the Code of
Federal Regulations.
(2) Has an overall length measured parallel to the barrel of at
least seven and one-half inches when the handle, frame or receiver,
and barrel are assembled.
(3) Has an overall length measured parallel to the barrel of at
least seven and one-half inches when the handle, frame or receiver,
and barrel are assembled and that is currently approved for
importation into the United States pursuant to the provisions of
paragraph (3) of subsection (d) of Section 925 of Title 18 of the
United States Code.
(b) Article 4 (commencing with Section 31900) and Article 5
(commencing with Section 32000) shall not apply to a single-shot
pistol with a break top or bolt action and a barrel length of not
less than six inches and that has an overall length of at least 10½
inches when the handle, frame or receiver, and barrel are assembled.
However, Article 4 (commencing with Section 31900) and Article 5
(commencing with Section 32000) shall apply to a semiautomatic pistol
that has been temporarily or permanently altered so that it will not
fire in a semiautomatic mode.
SEC. 3. Section 32110 of the Penal Code is amended to read:
32110. Article 4 (commencing with Section 31900) and Article 5
(commencing with Section 32000) shall not apply to any of the
following:
(a) (1) The sale, loan, or transfer of any firearm pursuant to
Chapter 5 (commencing with Section 28050) of Division 6 in order to
comply with Section 27545 if the sale, loan, or transfer satisfies
the requirements specified in paragraph (2).
(2) The sale, loan, or transfer of any firearm pursuant to this
subdivision is limited to a total of two firearms per person, per
calendar year.
(b) The sale, loan, or transfer of any firearm that is exempt from
the provisions of Section 27545 pursuant to any applicable exemption
contained in Article 2 (commencing with Section 27600) or Article 6
(commencing with Section 27850) of Chapter 4 of Division 6, if the
sale, loan, or transfer complies with the requirements of that
applicable exemption to Section 27545.
(c) The sale, loan, or transfer of any firearm as described in
paragraph (3) of subdivision (b) of Section 32000.
(d) The delivery of a pistol, revolver, or other firearm capable
of being concealed upon the person to a person licensed pursuant to
Sections 26700 to 26915, inclusive, for the purposes of the service
or repair of that firearm.
(e) The return of a pistol, revolver, or other firearm capable of
being concealed upon the person by a person licensed pursuant to
Sections 26700 to 26915, inclusive, to its owner where that firearm
was initially delivered in the circumstances set forth in subdivision
(a), (d), (f), or (i).
(f) (1) The delivery of a pistol, revolver, or other firearm
capable of being concealed upon the person to a person licensed
pursuant to Sections 26700 to 26915, inclusive, for the purpose of a
consignment sale or as collateral for a pawnbroker loan if the
delivery of the pistol, revolver, or other firearm capable of being
concealed upon the person satisfies the requirements of paragraph
(2).
(2) The delivery of a pistol, revolver, or other firearm capable
of being concealed upon a person to a person licensed pursuant to
Sections 26700 to 26915, inclusive, for the purpose of a consignment
sale or as collateral for a pawnbroker loan, pursuant to this
subdivision, is limited to a total of two firearms per person, per
calendar year.
(g) The sale, loan, or transfer of any pistol, revolver, or other
firearm capable of being concealed upon the person listed as a curio
or relic, as defined in Section 478.11 of Title 27 of the Code of
Federal Regulations.
(h) The sale, loan, or transfer of any semiautomatic pistol that
is to be used solely as a prop during the course of a motion picture,
television, or video production by an authorized participant therein
in the course of making that production or event or by an authorized
employee or agent of the entity producing that production or event.
(i) The delivery of a pistol, revolver, or other firearm capable
of being concealed upon the person to a person licensed pursuant to
Sections 26700 to 26915, inclusive, where the firearm is being loaned
by the licensee to a consultant-evaluator.
(j) The delivery of a pistol, revolver, or other firearm capable
of being concealed upon the person by a person licensed pursuant to
Sections 26700 to 26915, inclusive, where the firearm is being loaned
by the licensee to a consultant-evaluator.
(k) The return of a pistol, revolver, or other firearm capable of
being concealed upon the person to a person licensed pursuant to
Sections 26700 to 26915, inclusive, where it was initially delivered
pursuant to subdivision (j).
(l) The sale, loan, or transfer of any pistol, revolver, or other
firearm capable of being concealed upon the person conducted through
a person licensed pursuant to Sections 26700 to 26915, inclusive,
that was listed on the roster of not unsafe handguns specified in
Section 32015 but was subsequently removed from the roster of not
unsafe handguns pursuant to paragraph (2) of subdivision (b) of
Section 32015 because of the failure to pay the fee to keep the
pistol, revolver, or other firearm capable of being concealed upon
the person listed on the roster.
(l) The surrender of any pistol, revolver, or other firearm
capable of being concealed upon the person to a local law enforcement
agency.
SEC. 4. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B 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 XIII B of the California
Constitution.