CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill No. 2733

Introduced by Assembly Member Harper
(Coauthor: Assembly Member Lackey)

February 15, 2018

An act to amend Section 31910 of the Penal Code, relating to firearms.


LEGISLATIVE COUNSEL'S DIGEST


AB 2733, as introduced, Harper. Firearms: unsafe handguns: imprinting.
Existing law, subject to exceptions, generally makes it an offense to manufacture or sell a handgun that is not safe. Existing law establishes criteria for determining if a handgun is unsafe. Existing law generally requires manufacturers to submit samples of new handgun models for testing to determine if they are unsafe or may be approved for sale, as specified. Existing law requires the Department of Justice to compile a roster listing all of the handguns that have been tested and determined not to be unsafe.
Existing law, defines as “unsafe” a semiautomatic pistol that is not, as of January 1, 2010, listed on the roster if it is not designed and equipped with a microscopic array of characters that identify the make, model, and serial number of the pistol, etched or imprinted in 2 or more places on the interior surface or internal working parts of the pistol that are transferred by imprinting on each cartridge case when the firearm is fired. Existing law conditions this requirement on certification by the Department of Justice that this technology is available to more than one manufacturer unencumbered by patent restrictions.
This bill would delete the requirement that a firearm be designed and equipped with this imprinting technology to be listed on the roster of handguns that have been determined not to be unsafe.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 31910 of the Penal Code is amended to read:

31910.
 As used in this part, “unsafe handgun” means any pistol, revolver, or other firearm capable of being concealed upon the person, for which any of the following is true:
(a) For a revolver:
(1) It does not have a safety device that, either automatically in the case of a double-action firing mechanism, or by manual operation in the case of a single-action firing mechanism, causes the hammer to retract to a point where the firing pin does not rest upon the primer of the cartridge.
(2) It does not meet the firing requirement for handguns.
(3) It does not meet the drop safety requirement for handguns.
(b) For a pistol:
(1) It does not have a positive manually operated safety device, as determined by standards relating to imported guns promulgated by the federal Bureau of Alcohol, Tobacco, Firearms and Explosives.
(2) It does not meet the firing requirement for handguns.
(3) It does not meet the drop safety requirement for handguns.
(4) Commencing January 1, 2006, for a center fire semiautomatic pistol that is not already listed on the roster pursuant to Section 32015, it does not have either a chamber load indicator, or a magazine disconnect mechanism.
(5) Commencing January 1, 2007, for all center fire semiautomatic pistols that are not already listed on the roster pursuant to Section 32015, it does not have both a chamber load indicator and if it has a detachable magazine, a magazine disconnect mechanism.
(6) Commencing January 1, 2006, for all rimfire semiautomatic pistols that are not already listed on the roster pursuant to Section 32015, it does not have a magazine disconnect mechanism, if it has a detachable magazine.

(7)(A)Commencing January 1, 2010, for all semiautomatic pistols that are not already listed on the roster pursuant to Section 32015, it is not designed and equipped with a microscopic array of characters that identify the make, model, and serial number of the pistol, etched or otherwise imprinted in two or more places on the interior surface or internal working parts of the pistol, and that are transferred by imprinting on each cartridge case when the firearm is fired, provided that the Department of Justice certifies that the technology used to create the imprint is available to more than one manufacturer unencumbered by any patent restrictions.

(B)The Attorney General may also approve a method of equal or greater reliability and effectiveness in identifying the specific serial number of a firearm from spent cartridge casings discharged by that firearm than that which is set forth in this paragraph, to be thereafter required as otherwise set forth by this paragraph where the Attorney General certifies that this new method is also unencumbered by any patent restrictions. Approval by the Attorney General shall include notice of that fact via regulations adopted by the Attorney General for purposes of implementing that method for purposes of this paragraph.

(C)The microscopic array of characters required by this section shall not be considered the name of the maker, model, manufacturer’s number, or other mark of identification, including any distinguishing number or mark assigned by the Department of Justice, within the meaning of Sections 23900 and 23920.