BILL NUMBER: AB 1964 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Dickinson
FEBRUARY 19, 2014
An act to amend Section 32100 of the Penal Code, relating to
unsafe handguns.
LEGISLATIVE COUNSEL'S DIGEST
AB 1964, as introduced, Dickinson. Unsafe handguns: single-shot
pistols.
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 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.
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 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. 2. 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.