BILL NUMBER: AB 1985	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Donnelly

                        FEBRUARY 19, 2014

   An act to amend Sections 30625 and 32000 of the Penal Code,
relating to firearms.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1985, as introduced, Donnelly. Firearms: prohibitions:
exemptions: federal corrections agencies.
   (1) Existing law makes it a crime to possess an assault weapon,
and a crime to possess or manufacture, distribute, transport, import
for sale, keep for sale, offer or expose for sale, or give or lend
any .50 BMG rifle. Under existing law, these prohibitions on assault
weapons and .50 BMG rifles do not apply to the sale to, purchase by,
importation of, or possession by the Department of Corrections and
Rehabilitation or to any federal law enforcement agency, among other
entities.
   This bill would also make the above prohibitions inapplicable to
the sale to, purchase by, importation of, or possession of assault
weapons or a .50 BMG rifle by any federal correctional agency.
   (2) Existing law makes it a crime for any person in this state to
manufacture, import into the state, keep for sale, offer or expose
for sale, give, or lend any unsafe handgun. Under existing law, this
prohibition does apply to the sale or purchase of a handgun if the
handgun is sold to, or purchased by, the Department of Corrections
and Rehabilitation or to any federal law enforcement agency, among
other entities.
   This bill would also make the above prohibition inapplicable to
the sale to, or purchase by, any federal correctional agency.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 30625 of the Penal Code is amended to read:
   30625.  Sections 30600, 30605, and 30610 shall not apply to the
sale to, purchase by, importation of, or possession of assault
weapons or a .50 BMG rifle by the Department of Justice, police
departments, sheriffs' offices, marshals' offices, the Department of
Corrections and Rehabilitation, the Department of the California
Highway Patrol, district attorneys' offices, the Department of Fish
and Game, the Department of Parks and Recreation, or the military or
naval forces of this state or of the United States,  or
 any federal law enforcement agency  , or any federal
correctional agency  for use in the discharge of their official
duties.
  SEC. 2.  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, any federal law enforcement agency,  any
federal corr   ectional agency,  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.
   (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.