Sen. Dan Kotowski
Filed: 4/15/2013
 
 


 




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1
AMENDMENT TO SENATE BILL 1255




2 AMENDMENT NO. ______. Amend Senate Bill 1255 by replacing 
3everything after the enacting clause with the following:


4 "Section 1. Short title. This Act may be cited as the 
5Unsafe Handgun Act.

6 Section 5. Definitions. For the purposes of this Act:
7 "Department" means the Department of State Police.

8 "Director" means the Director of State Police.

9 "Firearm" has the meaning provided in Section 1.1 of the 
10Firearm Owners Identification Card Act.

11 "Firing requirement for handguns" means a test fulfilling 
12the requirements of Section 15 in which the manufacturer 
13provides 3 handguns of the make and model for which 
14certification is sought to an independent testing laboratory 
15certified by the Director under Section 35. 
16 "Handgun" means any firearm, including, but not limited to, 
 
 
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1a pistol or a revolver, capable of being concealed upon the 
2person.
3 "Magazine disconnect mechanism" means a mechanism that 
4prevents a semiautomatic pistol that has a detachable magazine 
5from operating to strike the primer of ammunition in the firing 
6chamber when a detachable magazine is not inserted in the 
7semiautomatic pistol.

8 "Pistol" means any handgun that is not a revolver.
9 "Revolver" means a handgun that has a rotating cylinder 
10containing multiple chambers for loading and firing 
11ammunition.

12
13 Section 10. Drop safety requirement for handguns. At the 
14conclusion of the firing requirements for handguns described in 
15Section 15, the same certified independent testing laboratory 
16shall subject the same 3 handguns of the make and model for 
17which certification is sought, to the following test:

18 (1) A primed case (no powder or projectile) shall be 
19inserted into the chamber. For a pistol, the slide shall be 
20released, allowing it to move forward under the impetus of the 
21recoil spring, and an empty magazine shall be inserted. For 
22both a pistol and a revolver, the weapon shall be placed in a 
23drop fixture capable of dropping the pistol from a drop height 
24of 1 meter + 1 centimeter (39.4 + 0.4 inches) onto the largest 
25side of a slab of solid concrete having minimum dimensions of 
 
 
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17.5 x 15 x 15 centimeters (3 x 6 x 6 inches). The drop distance 
2shall be measured from the lowermost portion of the weapon to 
3the top surface of the slab. The weapon shall be dropped from a 
4fixture and not from the hand. The weapon shall be dropped in 
5the condition that it would be in if it were dropped from a 
6hand (cocked with no manual safety applied). If the pistol is 
7designed so that upon leaving the hand a "safety" is 
8automatically applied by the pistol, this feature shall not be 
9defeated. An approved drop fixture is a short piece of string 
10with the weapon attached at one end and the other end held in 
11an air vise until the drop is initiated.

12 (2) The following 6 drops shall be performed:

13  (A) Normal firing position with barrel horizontal.

14  (B) Upside down with barrel horizontal.

15  (C) On grip with barrel vertical.

16  (D) On muzzle with barrel vertical.

17  (E) On either side with barrel horizontal.

18  (F) If there is an exposed hammer or striker, on the 
19 rearmost point of that device, otherwise on the rearmost 
20 point of the weapon.

21 (3) The primer shall be examined for indentations after 
22each drop. If indentations are present, a fresh primed case 
23shall be used for the next drop.

24 (4) The make and model of handgun shall pass this test if 
25each of the 3 test guns does not fire the primer.


 
 
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1 Section 15. Firing requirement for handguns. 
2 (a) The handguns of the make and model for which 
3certification is sought, and which are to be tested under this 
4Section, may not be refined or modified in any way from those 
5that would be made available for retail sale if certification 
6is granted. The magazines of a tested handgun shall be 
7identical to those that would be provided with the handgun to a 
8retail customer.

9 (b) The firing requirement for handguns test shall be 
10conducted as follows:

11  (1) The laboratory shall fire 600 rounds from each gun, 
12 stopping after each series of 50 rounds has been fired for 
13 5 to 10 minutes to allow the weapon to cool, stopping after 
14 each series of 100 rounds has been fired to tighten any 
15 loose screws and clean the gun in accordance with the 
16 manufacturer's instructions, and stopping as needed to 
17 refill the empty magazine or cylinder to capacity before 
18 continuing.

19  (2) The ammunition used shall be of the type 
20 recommended by the handgun manufacturer in the user manual, 
21 or if none is recommended, any standard ammunition of the 
22 correct caliber in new condition that is commercially 
23 available.

24 (c) A handgun shall pass this test if each of the 3 test 
25guns meets both of the following:

26  (1) Fires the first 20 rounds without a malfunction 
 
 
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1 that is not due to ammunition that fails to detonate.

2  (2) Fires the full 600 rounds with no more than 6 
3 malfunctions that are not due to ammunition that fails to 
4 detonate and without any crack or breakage of an operating 
5 part of the handgun that increases the risk of injury to 
6 the user.

7 (d) If a handgun fails the requirements of either paragraph 
8(1) or (2) of subsection (c) of this Section due to ammunition 
9that fails to detonate, the handgun shall be retested from the 
10beginning of the "firing requirement for handguns" test. A new 
11model of the handgun that failed the test due to ammunition 
12that fails to detonate may be submitted for the test to replace 
13the handgun that failed.

14 (e) As used in this Section, "malfunction" means a failure 
15to properly feed, fire, or eject a round, or failure of a 
16handgun to accept or eject the magazine, or failure of a 
17handgun's slide to remain open after the magazine has been 
18expended.


19 Section 20. Unsafe handguns. Any handgun is an unsafe 
20handgun when any of the following is true:

21 (a) For a revolver:

22  (1) It does not have a safety device that, either 
23 automatically in the case of a double-action firing 
24 mechanism, or by manual operation in the case of a 
25 single-action firing mechanism, causes the hammer to 
 
 
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1 retract to a point where the firing pin does not rest upon 
2 the primer of the cartridge.

3  (2) It does not meet the firing requirement for 
4 handguns.

5  (3) It does not meet the drop safety requirement for 
6 handguns.

7 (b) For a pistol:

8  (1) It does not have a positive manually operated 
9 safety device, as determined by standards relating to 
10 imported guns adopted by the federal Bureau of Alcohol, 
11 Tobacco, Firearms and Explosives.

12  (2) It does not meet the firing requirement for 
13 handguns.

14  (3) It does not meet the drop safety requirement for 
15 handguns.

16  (4) For all center fire semiautomatic pistols, it does 
17 not have a chamber load indicator and, if it has a 
18 detachable magazine, a magazine disconnect mechanism.

19  (5) For all rimfire semiautomatic pistols, it does not 
20 have a magazine disconnect mechanism, if it has a 
21 detachable magazine.


22 Section 25. Penalty; exceptions. 
23 (a) Commencing January 1, 2015, any person in this State 
24who manufactures or causes to be manufactured, imports into the 
25State for sale, keeps for sale, offers or exposes for sale, 
 
 
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1gives, or lends any unsafe handgun shall be guilty of a petty 
2offense for a first violation, a Class A misdemeanor for a 
3second violation, and Class 4 felony for a third or subsequent 
4violation.

5 (b) This Section shall not apply to any of the following:

6  (1) The manufacture in this State, or importation into 
7 this State, of any prototype handgun, when the manufacture 
8 or importation is for the sole purpose of allowing an 
9 independent laboratory certified by the Department under 
10 Section 35 to conduct an independent test to determine 
11 whether that handgun is prohibited by this Act, and, if 
12 not, allowing the Department to add the firearm to the 
13 roster of handguns that may be sold in this State under 
14 Section 40.

15  (2) The importation or lending of a handgun by 
16 employees or authorized agents of entities determining 
17 whether the weapon is prohibited by this Section.

18  (3) Firearms listed as curios or relics, as defined in 
19 Section 478.11 of Title 27 of the Code of Federal 
20 Regulations.

21  (4) The sale or purchase of any handgun, if the handgun 
22 is sold to, or purchased by, any federal, State or local 
23 law enforcement agency, any State's Attorney's office, or 
24 the armed forces of this State or of the United States for 
25 use in the discharge of their official duties. Nor shall 
26 anything in this Section prohibit the sale to, or purchase 
 
 
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1 by, sworn members of these agencies of any handgun.

2 (c) Violations of subsection (a) of this Section are 
3cumulative with respect to each handgun and shall not be 
4construed as restricting the application of any other law.


5 Section 30. Certification by manufacturers and sellers 
6that handguns are not unsafe. 
7 (a) Every person who is licensed as a manufacturer of 
8firearms under Chapter 44 (commencing with Section 921) of 
9Title 18 of the United States Code and who manufactures 
10firearms in this State shall certify under penalty of perjury 
11and any other remedy provided by law that every model, kind, 
12class, style, or type of handgun that the person manufactures 
13is not an unsafe handgun as prohibited by this Act.

14 (b) Every person who imports into the State for sale, keeps 
15for sale, or offers or exposes for sale any handgun shall 
16certify under penalty of perjury and any other remedy provided 
17by law that every model, kind, class, style, or type of handgun 
18that the person imports, keeps, or exposes for sale is not an 
19unsafe handgun as prohibited by this Act.


20 Section 35. Testing requirement; certification of 
21laboratories; test report. 
22 (a) Any handgun manufactured in this State, imported into 
23the State for sale, kept for sale, or offered or exposed for 
24sale, shall be tested within a reasonable period of time by an 
 
 
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1independent laboratory certified under subsection (b) of this 
2Section to determine whether that handgun meets or exceeds the 
3standards defined in Section 20.

4 (b) On or before October 1, 2014, the Department shall 
5certify laboratories to verify compliance with the standards 
6defined in Section 20. The Department may charge any laboratory 
7that is seeking certification to test any handgun as provided 
8in this Act, a fee not exceeding the costs of certification.

9 (c) The certified testing laboratory shall, at the 
10manufacturer's or importer's expense, test the handgun and 
11submit a copy of the final test report directly to the 
12Department along with a prototype of the handgun to be retained 
13by the Department. The Department shall notify the manufacturer 
14or importer of its receipt of the final test report and the 
15Department's determination as to whether the handgun tested may 
16be sold in this State.

17 (d) No center-fire semiautomatic pistol may be submitted 
18for testing as provided in this Act if it does not have a 
19chamber load indicator and, if it has a detachable magazine, a 
20magazine disconnect mechanism. No rimfire semiautomatic pistol 
21may be submitted for testing as provided in this Act if it has 
22a detachable magazine and does not have a magazine disconnect 
23mechanism.


24 Section 40. Roster of firearms determined not to be unsafe; 
25fee for maintenance of roster. 
 
 
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1 (a) On and after January 1, 2015, the Department shall 
2compile, publish, and thereafter maintain on its website a 
3roster listing all of the handguns that have been tested by a 
4certified testing laboratory, have been determined not to be 
5unsafe handguns, and may be sold in this State under this Act. 
6The roster shall list, for each handgun, the manufacturer, 
7model number, and model name.

8  (b)(1) The Department may charge every person in this 
9 State who is licensed as a manufacturer of firearms under 
10 Chapter 44 (commencing with Section 921) of Title 18 of the 
11 United States Code, and any person in this State who 
12 manufactures or causes to be manufactured, imports into the 
13 State for sale, keeps for sale, or offers or exposes for 
14 sale any handgun in this State, an annual fee not exceeding 
15 the costs of preparing, publishing, and maintaining the 
16 roster under subsection (a) of this Section and the costs 
17 of research and development, report analysis, firearms 
18 storage, and other program infrastructure costs necessary 
19 to implement this Act.

20  (2) Any handgun that is manufactured by a manufacturer 
21 who manufactures or causes to be manufactured, imports into 
22 the State for sale, keeps for sale, or offers or exposes 
23 for sale any handgun in this State, and who fails to pay 
24 any fee required under paragraph (1) of this subsection, 
25 may be excluded from the roster.

26  (3) If a purchaser has initiated a transfer of a 
 
 
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1 handgun that is listed on the roster as not unsafe, and 
2 prior to the completion of the transfer, the handgun is 
3 removed from the roster of not unsafe handguns because of 
4 failure to pay the fee required to keep that handgun listed 
5 on the roster, the handgun shall be deliverable to the 
6 purchaser, if the purchaser is not otherwise prohibited 
7 from purchasing or possessing the handgun. However, if a 
8 purchaser has initiated a transfer of a handgun that is 
9 listed on the roster as not unsafe, and prior to the 
10 completion of the transfer, the handgun is removed from the 
11 roster under subsection (d) of Section 45, the handgun 
12 shall not be deliverable to the purchaser.


13 Section 45. Retesting of handguns on roster. 
14 (a) The Director may annually retest up to 5 percent of the 
15handgun models that are listed on the roster described in 
16subsection (a) of Section 40.

17 (b) The retesting of a handgun model under subsection (a) 
18of this Section shall conform to the following:

19  (1) The Director shall obtain from retail or wholesale 
20 sources, or both, 3 samples of the handgun model to be 
21 retested.

22  (2) The Director shall select the certified laboratory 
23 to be used for the retesting.

24  (3) The ammunition used for the retesting shall be of a 
25 type recommended by the manufacturer in the user manual for 
 
 
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1 the handgun. If the user manual for the handgun model makes 
2 no ammunition recommendation, the Director shall select 
3 the ammunition to be used for the retesting. The ammunition 
4 shall be of the proper caliber for the handgun, 
5 commercially available, and in new condition.

6 (c) The retest shall be conducted in the same manner as the 
7testing prescribed in Sections 10 and 15.

8 (d) If the handgun model fails retesting, the Director 
9shall remove the handgun model from the roster maintained under 
10subsection (a) of Section 40.


11 Section 50. Removal of handgun from roster. 
12 (a) A handgun model removed from the roster under 
13subsection (d) of Section 45 may be reinstated on the roster if 
14all of the following are met:

15  (1) The manufacturer petitions the Director for 
16 reinstatement of the handgun model.

17  (2) The manufacturer pays the Department for all of the 
18 costs related to the reinstatement testing of the handgun 
19 model, including the purchase price of the handguns, prior 
20 to reinstatement testing.

21  (3) The reinstatement testing of the handguns shall be 
22 in accordance with subsections (b) and (c) of Section 45.

23  (4) The 3 handgun samples shall be tested only once for 
24 reinstatement. If the sample fails it may not be retested.

25  (5) If the handgun model successfully passes testing 
 
 
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1 for reinstatement, and if the manufacturer of the handgun 
2 is otherwise in compliance with this Act, the Director 
3 shall reinstate the handgun model on the roster maintained 
4 under subsection (a) of Section 40.

5  (6) The manufacturer shall provide the Director with 
6 the complete testing history for the handgun model.

7 (b) Notwithstanding subsection (a) of Section 45, the 
8Director may at any time, in his or her discretion, further 
9retest any handgun model that has been reinstated to the 
10roster.


11 Section 55. Listing of handguns differing only 
12cosmetically from handguns on roster. 
13 (a) A handgun shall be deemed to satisfy the requirements 
14of subsection (a) of Section 40 if another handgun made by the 
15same manufacturer is already listed and the unlisted handgun 
16differs from the listed handgun only in one or more of the 
17following features:

18  (1) Finish, including, but not limited to, bluing, 
19 chrome-plating, oiling, or engraving.

20  (2) The material from which the grips are made.

21  (3) The shape or texture of the grips, so long as the 
22 difference in grip shape or texture does not in any way 
23 alter the dimensions, material, linkage, or functioning of 
24 the magazine well, the barrel, the chamber, or any of the 
25 components of the firing mechanism of the handgun.

 
 
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1  (4) Any other purely cosmetic feature that does not in 
2 any way alter the dimensions, material, linkage, or 
3 functioning of the magazine well, the barrel, the chamber, 
4 or any of the components of the firing mechanism of the 
5 handgun.

6 (b) Any manufacturer seeking to have a handgun listed under 
7this Section shall provide to the Department all of the 
8following:

9  (1) The model designation of the listed handgun.

10  (2) The model designation of each handgun that the 
11 manufacturer seeks to have listed under this Section.

12  (3) A statement, under oath, that each unlisted handgun 
13 for which listing is sought differs from the listed handgun 
14 only in one or more of the ways identified in subsection 
15 (a) of this Section and is in all other respects identical 
16 to the listed handgun.

17 (c) The Department may, in its discretion and at any time, 
18require a manufacturer to provide to the Department any model 
19for which listing is sought under this Section, to determine 
20whether the model complies with the requirements of this 
21Section.


22 Section 60. Exceptions for certain revolvers and pistols. 
23 (a) This Act shall not apply to a single-action revolver 
24that has at least a 5-cartridge capacity with a barrel length 
25of not less than 3 inches, and meets any of the following 
 
 
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1specifications:

2  (1) Was originally manufactured prior to 1900 and is a 
3 curio or relic, as defined in Section 478.11 of Title 27 of 
4 the Code of Federal Regulations, or is a replica of such a 
5 revolver.

6  (2) Has an overall length measured parallel to the 
7 barrel of at least 7 and one-half inches when the handle, 
8 frame or receiver, and barrel are assembled.

9  (3) Has an overall length measured parallel to the 
10 barrel of at least 7 and one-half inches when the handle, 
11 frame or receiver, and barrel are assembled and that is 
12 currently approved for importation into the United States 
13 under the provisions of paragraph (3) of subsection (d) of 
14 Section 925 of Title 18 of the United States Code.

15 (b) This Act shall not apply to a single-shot pistol with a 
16barrel length of not less than 6 inches and that has an overall 
17length of at least 10 and one-half inches when the handle, 
18frame or receiver, and barrel are assembled.


19 Section 65. Exception for pistols designed for Olympic 
20target shooting. 
21 (a) The General Assembly finds a significant public purpose 
22in exempting pistols that are designed expressly for use in 
23Olympic target shooting events. Therefore, those pistols that 
24are sanctioned by both the International Olympic Committee and 
25USA Shooting (the national governing body for international 
 
 
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1shooting competition in the United States), that are used for 
2Olympic target shooting purposes, and that fall within the 
3definition of "unsafe handgun" under paragraph (3) of 
4subsection (b) of Section 20 shall be exempt from the 
5provisions of this Act, as provided in subsection (b) of this 
6Section.
7 (b) The Department shall create a program that is 
8consistent with the purpose stated in subsection (a) of this 
9Section to exempt specific models of competitive firearms from 
10this Act, and shall publish on its website a list of those 
11specific models. The exempt competitive firearms may be based 
12on recommendations by USA Shooting consistent with the 
13regulations contained in the USA Shooting Official Rules or may 
14be based on the recommendation or rules of any other 
15organization that the Department deems relevant.

16 Section 70. Exception for certain sales, loans, and 
17transfers. This Act shall not apply to any of the following:
18 (1) The sale, loan, or transfer of any handgun described in 
19subsection (b) of Section 25, for the purposes set forth in 
20that Section.
21 (2) The sale, loan, or transfer of any handgun listed as a 
22curio or relic, as defined in Section 478.11 of Title 27 of the 
23Code of Federal Regulations.
24 (3) The sale, loan, or transfer of any handgun that is to 
25be used solely as a prop during the course of a motion picture, 
 
 
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1television, or video production by an authorized participant 
2therein in the course of making that production or event or by 
3an authorized employee or agent of the entity producing that 
4production or event.
5 (4) The sale, loan, or transfer of any handgun that has 
6been altered to render it permanently inoperable.


7 Section 99. Effective date. This Act takes effect upon 
8becoming law.".